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cp06-12-1995 cSUNDAY MONDAY TUESD -11- ' -12- -13- Open Bids at City Center for 1995 Improvement Bonds S HATS 10:00 A.M. - Directors Meeting +� Bonds at City Center Staff Conf. Room 4:30 P.M. - Library Board Meet ng at Library LEAGUE OF CITIES CONFERENCE IN DULUTH 11:00 A.M. - HATS Joint Powers MUTC Board Meeting in City JUNE 11 -16 Center Staff Conf. Rm. CI TV Y CALENDAR 5:30 P.M. - City Council Meetirg at City Center Wook of June 11 to June 17 1995 WEDNESDAY THURSDAY FRIDAY SATURDAY -14- -15- -16- -17- VACATION: DOUG MEIER - June 12 -20 STEVE MADSON - June 12 -16 • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, JUNE 12, 1995 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Jim Hall, Word of Life Church •► NI 9=25 I& 1 MINUTES OF BID OPENINGS OF MAY 22, 1995 AND MAY 25, 1995 Action - Approve as distributed - Approve as amended �K�]►f.9�1►11�FC ►I� (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MAY 1995 • (b) RESOLUTIONS AND ORDINANCES • 1. ORDINANCE NO. 95 -150 - SECTION 9.14 - PHYSICALLY HANDICAPPED PARKING (SECOND READING AND ADOPT) 2. ORDINANCE NO. 95 -151 - AMENDMENT TO SUBDFVISION ORDINANCE NO. 466, SECTION 12.20, REGARDING FINAL PLAT PROCEDURES (SECOND READING AND ADOPT) 3. RESOLUTION NO. 10491 - RESOLUTION TO NAME PARK IN WAGNER ADDITION JUNIOR COMMUNITY WOMEN PARK (c) USE OF LIBRARY SQUARE ON AUGUST 18, 1995 BY BETHANY BAPTIST CHURCH (d) TRANSIENT MERCHANT PERMIT FOR CLOTHING CONCEPTS, INC. (e) COLLEGE AND CITY AUCTION ON JUNE 29, 1995 (f) SETTLEMENT AGREEMENT FOR WAGEBENEFIT PACKAGE 1 CITY COUNCIL AGENDA - JUNE 12, 1995 F_I (g) "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR LITTLE CROW BOWLING LANES (HUTCH BOWL) Action - Motion to approve consent agenda (a) PROPOSED AMENDMENTS TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND PROPOSED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 9, SIMONSON LUMBER Action - Motion to close hearing - Motion to reject - Motion to approve and adopt Resolutions No. 10492 & No. 10493 • u Is t ►1 IWAN 1019611 L_ • :-9H 1 om (a) REPORT ON COMMUNITY BIKE SURVEY Action - 7. RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA • 1►1 •1 � (a) CONSIDERATION OF PADEN FIRST ADDITION ASSESSMENT ISSUE (MARK SCHANTZEN) (DEFERRED MAY 23, 1995) Action - • 1 (a) CONSIDERATION OF AWARDING SALE OF 1995 IMPROVEMENT BONDS AND HATS FACILITY BONDS Action - Motion to reject - Motion to approve sale and adopt Resolutions No. 10494 & No. 10495 2 40 9 CITY COUNCIL AGENDA - JUNE 12, 1995 (b) DISCUSSION OF ANNUAL CITY APPRECIATION PICNIC AND LOCATION SITE Action - (c) CONSIDERATION OF AWARDING BID FOR CIVIC ARENA USED REFRIGERATION EQUIPMENT Action - Motion to reject - Motion to approve and award bid (d) CONSIDERATION OF CRIMINAL COMPLAINT AGAINST LO WELL D. OTTO PROPERTY Action - Motion to reject - Motion to approve and issue Notice to Repair or Remove (e) CONSIDERATION OF ACCEPTING PETITION AND WAIVING HEARING, RECEIVING REPORT, APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTING NO. 1, PROJECT NO. 96 -01 • Action - Motion to reject - Motion to approve report, plans and specifications and to advertise for bids - Motion to waive readings and adopt Resolutions No. 10496 - No. 10499 (f) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT PROJECT NO. 96 -02, LETTING NO. 2 Action - Motion to reject - Motion to approve report and call for hearing - Motion to waive readings and adopt Resolutions No. 10500 & No. 10501 (g) CONSIDERATION OF DAGGETT INDEMNITY AGREEMENT Action - Motion to reject - Motion to approve (a) COMMUNICATIONS • 3 CITY COUNCIL AGENDA - JUNE 12, 1995 (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • 4 0 • MINUTES BID OPENING MONDAY, MAY 22, 1995 The meeting was called to order at 2:00 p.m. by City Administrator Gary D. Plotz. Also present were Cal Rice, Assistant to Engineer, and Administrative Secretary Marilyn J. Swanson. 111310 1 ICLOBIZE11gri " I I I X61 oweloffin The reading of Publication No. 4805, Advertisement for Bids, Letting No. 1, Project No. 95 -01, was dispensed with. The following bids were opened and read: Northdale Construction Rogers, MN $ 74,035.53 Annandale Construction Annandale, MN 65,093.50 Randy Kramer Excavating, Inc. Is Watkins, MN 8,323.11 Juul Contracting Co. Hutchinson, MN 48,777.00 Midstates Utilities Slayton, MN 62,768.00 R.P. Utilities, Inc. Annandale, MN 42,948.77 IN XX@ 0 W Rell)-Xej 8 The reading of Publication No. 4806, Advertisement for Bids, Letting No. 11, Project No. 95 -17, was dispensed with. The following bids were opened and read: Northdale Construction Rogers, MN $175,621.13 Annandale Construction Annandale, MN 153,706.50 Randy Kramer Excavating, Inc. Watkins, MN 154,838.91 BID OPENING MINUTES MAY 22, 1995 - PAGE 2 Juul Contracting Co. Hutchinson, MN Midstates Utilities Slayton, MN 11131! !!1 ►[0]P017W T1a! 121,241.45 181,610.00 The reading of Publication No. 4807, Advertisement for Bids, Letting No. 14, Project No. 95 -23 & 95 -24, was dispensed with. The following bids were opened and read: Northdale Construction Rogers, MN $552,974.46 Annandale Construction Annandale, MN 431,697.05 Randy Kramer Excavating, Inc. Watkins, MN 416,170.61 Duininck Bros., Inc. Prinsburg, MN 461,744.50 The bids were referred to the Engineering Department for review and recommendation. The meeting adjourned at 2:20 p.m. 0 E 0 C� MINUTES BID OPENING THURSDAY, MAY 25, 1995 The meeting was called to order at 2:00 p.m. by Finance Director Kenneth B. Merrill. Also present were Supervisor Marvin Haugen and Administrative Secretary Marilyn J. Swanson. The reading of Publication No. 4812, Advertisement for Bids, Used Refrigeration Equipment, was dispensed with. The following bids were opened and read: Redwood Area Hockey Assoc. $4,500.00 Sun Blades Ice Arena Clearwater, FL 8,100.00 The bids were referred to staff for review and recommendation. The meeting adjourned at 2:05 p.m. 2. 0 9 0 03259 0367fi'iOM5 NO. 0607- 0094:APPROVAL EXPIRES 21211/98 C•404 U.S. DIVAInWW Of Coaasmcc .xs,ri suwuwmt Period M Whle\ Pan A bred I MAY 1995 114"" co-na em -amwa ti rare and am— k -k-*19 ZIP COdei REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 9999 085 7 0 26 9999 02730 JAMES MARKA BLDG OFFICIAL FOR CITY OF HUTCHINSON If your bu gdkV pemet system has cheryed, mw* (X) appropriate box below and explain HUTCHINSON CTT CTR 111 NASSAM ST S ~OO"w"w'ee' HUTCHINSON AN 55350 ❑ Dlscomimled issuing permits ❑ Mrged wtth another system ❑ split Into two or more systems ❑ Annexed Ind rwe PLEASE COMPLETE AND MAIL 1 ❑ Had other changes THIS FORM ON OR BEFORE JUNE 4. 199S ifno pennIts wen Issued dukrg Bureau of the Cusus kretnrctlons am InckxIsd. For this period, mark (X) In the box ---. ❑ 1201 Ease 10tb 3tmat further assktanee, ce9 collect and return this form Joffe few - IS. IN 47132 -0001 (301) 783 -7244. NEW RESIDENTIAL PRIVATELYOWNED PUSIJCLYOWNED HOUSEKEEPING h Number of Number of BUILDINGS Vvstion of Vaksoon of NO. BuiltlYge Housing BwWI Housing Construction construction units Orwt cents units 00* cents W (b) (c) (dl W 111 1 ) Single- family houses, detached Exclude mobHe homes. 101 'role -femNy houses, attached - Separated by ground to roof w&0, -No unb above or bsiow, and - Seprefa heating systvro and ufgity meters. (Count each unit p • separate bukkV) 102 Two-family buddmV 103 Tfeaa- end four -frNy buildings 104 Five-ar-more famity, buiIdkps lag TOTAL - Scar of 101- 106 —e• 109 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING BUILDINGS H Nsnbr of Valuation Numbs, of Vskao,r a at No. B,d)nlings Rooms da Bu9gs commu.9on Om teals ROOMS constructon pryt cases Sal I fbl (cI Id) b) If) (9) Hotels, motals, and tourist cablro (transient accommodations; oniy) 213 1 46 1,275.ODO Other nnrdousekeepan Shaffer 21 NEW NONRESIDENTIAL PRIVATELY RED ■ Y SD BUILDINGS Item Number Valuation of Number Vehnikn of No. Of cOrsuucuon of construction buedirlgs drat cant buldkps daft cants Is) (b) (d Id) laf Amnaement. social, end mcreetbnef 31 Churches end other mK&w 31 InduarW Parking aweass l and open decked) 321 Service stations and repair garages Hospitaft and hatltuliprW Offices, banks, and professional Public works end udRueg Schools end other ock"lorsl tares end wnonw Other nonresidentlal bUYdkrge I trucfum oUw ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, AND CONVERSIONS Number Vekutlon of Number Vekstian of of costuctlm of aommwtlon bridkps daft cerb bUAdkpe O n t cab Isl Ion (c) (d) W Realdemiel - CYealfy additions of aril cagnmw Inbn1435. 11 25,458.00 Nonreddentiel end nonfowekeepirq 43 6 38,900.00 Addimas of reeklemhl gapes ad carports (etnchad and dwaehem 1 36 M9 EYICe- - PLEASE CONTINUE ON REVERSE SIDE �► Total Permits 61 Valuation $1,881,394.00 «> DEMOLITIONS AND PRIVATELY OWNED RAZING OF BUILDINGS hem Number of Number of No. Building! Nousinp Build Inge Houang oohs Mats lal Ib) Icl Id) N1 Single - familY Musa (attached aM detached) 645 Two-frNy bu Three -end lotw-farnity Wldng, 647 Fhnrori * family bead All other bul and structures RMWOMM INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT •500,000 OR MORE please provide the following information for each pemnh e,thmi irog 1500,000 canstrutticn valued at or more entered in sections I though N. Item No. Owner- Number of from Description Name and addrns ship Valuation of aK. r btAld rof Owner or bWlda! chalk()() QMr pMd cOmh cents Hun pulldlrp I —IV one units Iel Ibl Itl Id) lei I11 I 1 Kind of Wilding Flagship Properties -_ Sheedd1nsa - --- -- RT -3,_ Box 255A _— _---_ ❑Publk - ---- Montevidio 265 11 1 5 7 E $ 1.275.000 Kkrtl of dratllrq ------------------ ❑Privra — - _ Shs add ev 0 Kind of buidlrq __ —_---- ❑pmeta ------------ —__ —_ She eddraa - ❑Pubic - e Kkrtl of I.reby ------------------- -- ❑Pdvab ' - - - --- sa..aa..a ----- ------ ❑orbit ------ ---- - --- -- 1 KIM of Midkp _ ----- — ---------- — ----- ❑Pmeb Sb adbaw 1 KIM of WgdkV _— ------- ---- ❑Prlvm _ ❑Pubes 1 Kb of MiMg ❑Pubes 1 — __-- -------- ___ ❑Pmt 1 rz.�vrrtv of Wkkv -------- ❑Prlveta 1 Am Teal aaa era of awl assn eaa �r�q Mwledhalai a7 ❑ No ❑ Yea — 711a gfva edWtlorW kgmml jon in oorrurrelrb. Narne of person to mitaot ragrdMrg teYa report Tslephata Title 'area code Mumbr Extension Official uw I�san 9 0 P4VXIVG L u • Subdivision 1: Statutory Parking privileges for the physically handicapped shall be strictly observed and enforced. Police officers and citizen enforcement volunteers are authorized to tag vehicles that are in violation of such statutory privileges on either public or private property. A. CITIZEN ENFORCEMENT PROGRAM Upon completion of the required training, citizen volunteers may issue citations to persons violating statutory parking privileges for the physically handicapped. Citizen volunteer training and enforce- ment shall be done under the direction of the Chief of Police. 0 ORDINANCE NO. 95 -151, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 12.20 OF THE HUTCHINSON CITY CODE BY DELETING CERTAIN SUBDIVISIONS AND ADDING THERETO AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 12.20, Subd. 2(d) and (e) are hereby amended as follows: D. It is the intent of this chapter that a paper copy of the Final Plat go to the Planning Commission and City Engineer for review and to the Council for action. When the paper print e f the Final Plat has E When the final Plat has been approved by the Council, the >.develover shall <then cause ::the Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. 1995. Adopted by the City Council this day of , Attest: Gary D. Plotz City Administrator Published in the Hutchinson First reading: Second reading: Leader: E u Resolution No. 10491 RESOLUTION TO NAME PARK IN THE WAGNER ADDITION JUNIOR COMMUNITY WOMEN PARK WHEREAS, The City of Hutchinson has received financial donations from many fine institutions over the years, and WHEREAS, the Junior Community women membership have been consulted and agreed to adopt this park; and WHEREAS, the Junior Community women have pledged future support to develop this park land. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF . HUTCHINSON, MINNESOTA: 1) That the Hutchinson City Council hereby recognizes and appreciates the support of the Hutchinson Junior Community Women, and the recognize their effort, names the park located along Goebel Street Junior Community Women Park. Adopted by the City Council the 12th of June, 1995. ATTEST: Gary D. Plotz City Administrator 0 Mayor 4 - /�3<3) ar 31 tees Dear Hutchinson City Council, We are writing to request the use of Library Square on Friday evening, August ltfth for a drama performance by a group from our seminary in Sioux Falls, SD. The troupe "Shins" consists of sir talented college students from Canada and the US. Their performance Is a mix of dynamic high energy musk and fast moving, hllartouiy funny theater. The reports that we have received about the troupe btchtde high praise for their creative approach and style. The troupe has a set that will easily adapt to the dimensions of the outdoor stage In the square. They will need at least 2 20 amp circuits within 30 feet of their sound console. From the looks of the stage area, electrical Is not a problem. We would appreciate if the Parks Dept could provide seating as they have done for some of the past events that have taken place there In the summer thin Thank you for your consideration of this matter. We would appreciate confirmation/denial of this request at your earliest convenience as N this doesn't work we will be needing to seek another location In the City to accomadate them. Sincerely, Pastor Chuck Carlson Bethany Baptist Church S00 Grave Street Hutchinson, MN 55350 0 r- L_ Clothing Concepts, Inc off-prlee apprrd marketing 10037 W. 87th Street Overland Park, Kansas 66212 May 24, 1995 Licensing Dept. City of Hutchinson City Center 111 Hassan St. S.E. Hutchinson, MN 55350 -2522 Attn: Marilyn MAY 3 0 IM Telephone: 913 888 3853 Fax: 913 888 39% Dear Marilyn: RE: Clothing Concepts Thank you for your help on the telephone last week. Enclosed is our check for $25.00. Our sale is scheduled for July 21, 1995 at the Fairgrounds in Hutchinson. We will be selling men's and ladies' sportswear. Believe you have all of the other information on our company. If anything further is required, please let us know. MJP Check Cordially, Clothing Concepts, Inc. J-D, MEMORANDUM June 9, 1995 TO: Mayor & City Council FROM: Marilyn J. Swanson, Admin. Secretary :. ► yl ; ..:.► • : • 1.1I ecImIteleto ._ in NEW An investigation of Clothing Concepts, Inc. was performed on March 9, 1994, and the company was given a favorable recommendation by Lt. Ron Kirchoff. • Since that time, Clothing Concepts has conducted three retail sales of men's and women's sportswear within the City of Hutchinson. To the best of my knowledge, there have been no complaints regarding their business operation. cc: Lt. Ron Kirchoff 0 4 JD. C June 8, 1995 Hutchinson Technical College would like to have an auction prior to July 1. They have asked if the city would like to participate and also be the agency to solicit quotes. While the college had promoted last year's auction they do not have the time with the pending merge with the state system to take care of this item. I have solicit quotes from Fahey and Hotovec. Fahey, among other things, reported he was booked on such short notice. Hotovec did say he could work the 'auction into a- J=i:�, 29 afternoon and evening schedule. We would request council approval to conduct the auction at the City Garage on Thursday June 29 to dispose of the city's excess equipment and equipment which has been replaced. 0 Ciry Center l I I Hassan Street SE Hurchinson. MN 55350 -2522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, dIN 55350 -3097 (612) 587 -2975 Fu (612) 234 -4240 - Pnnred in yen'( led pa per - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Far(612)587 -6427 • i • DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLANO DAVID A. BRUEGGEMANN PAUL O. DOVE" RICHARD G. McGEE CATHRYN D. REHER G11.iA ., c.gVnr 9RFTT O. ARNOLO •WSJ IY 1En.S .X. .C. I... ARNOLD. ANDERSON & DOVE PROFESSIONAL LIMITED L' C L11Y PiR'NE4S.IP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (6121 587-7575 FAX 1612587 -4096 RESIDENT AT—ORNEY G. BARRY ANDERSON June 8, 1995 Mr. Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 RE: Settlement Agreement our File No. 3188 -94259 Dear Gary: RECEIVED JUN 8 1995 CITY OF HUTCHINSON OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5861 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 61 21 545 -9000 FAX IS 21 545-1793 °^ SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 16121 399 ?214 FAX 16121 3835506 Pursuant to the request of Ken Merrill and others, I am enclosing herewith a proposed Settlement Agreement by and between Neil Wagner, the City's liquor store manager, and the City of Hutchinson. For your information and for the information of the City Council, this issue arises out of City Council Resolution No. 10109, a copy of which is attached to this correspondence. Acting on the advice of the League of Cities, the City adopted what I consider to be a performance based compensation system perfectly appropriate under state law for compensating a liquor store manager responsible for handling an enterprise fund. However, our auditors have picked on an Attorney General's opinion of some years ago which seem to indicate that such "incentive" compensation packages are not appropriate. While I do not have a copy of the opinion in front of me, my recollection is that the Attorney General was concerned over the possibility of abuse of such a system. Regardless, given the concerns expressed by the auditor, and given the fairly modest amounts of money involved in this matter, the City Finance Director and the undersigned were of the opinion that it made no sense for the City to run even the relatively remote risk that the arrangement might be challenged and the employee, as I understand it, was agreeable to going back to a more traditional system. Gary Plotz June 8, 1995 page 2 0 Accordingly, I have drafted an agreement which should be considered by the City Council at Monday night's meeting. I believe the agreement is self explanatory. Please note that I have not provided for the employee classification nor salary because I am uncertain as to these issues. However, I have set the agreement up so that information can simply be filled out and the agreement will then be in a posture to be executed. For your information, I have also included a copy of the financial information provided to me by Ken Merrill regarding employee performance. If you have any questions in connection with the foregoing, please advise. Thank you. Best regards. Very truly yourA, n & YpVE P.L.L.P. 0 G. A471erson GBA /es • • SETTLEMENT AGREEMENT This Settlement Agreement is made and entered into by and between the City of Hutchinson, a Minnesota municipal corporation, and Neil Wegner, the Manager of the Hutchinson Liquor Store, this day of June, 1995. 1. The City of Hutchinson, a Minnesota municipal corporation (herein after "Hutchinson ") , owns and operates a municipal liquor dispensary pursuant to state law identified as the "Liquor Hutch "; 2. Neil Wegner (herein after "Wegner ") is employed by Hutchinson as the manager of the Liquor Hutch; 3. By resolution dated December 14, 1993 and otherwise identified as Resolution No. 10109, the City of Hutchinson proposed to pay the liquor store manager additional compensation based on performance; 4. Auditors for the City of Hutchinson have raised concerns that said payment, rather than considered to be performance based compensation, may in fact be a form of incentive based compensation disapproved by a non- binding advisory Attorney General's opinion; 5. Hutchinson disputes the claim that said compensation is not appropriate but the parties, to avoid even the possibility of concerns, had agreed to enter into a written settlement agreement to resolve potential claims that Wegner may have against the City for payment of amounts called for under Resolution No. 10109, the employee job description or otherwise. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION THE PARTIES HERETO AGREE AS FOLLOWS: 1. Additional Payments. As and for additional compensation, Hutchinson agrees to pay to Wegner the sum of $5,359.55 which sum represents additional compensation owed pursuant to Resolution No. 10109 and Wegner agrees to accept said sum in full satisfaction of any and all claims for additional compensation otherwise due under Resolution No. 10109, the employee job description or otherwise. 2. Job Classification and Pay Grade. Hutchinson agrees that Wegner's position with the City will be classified as follows • with the following base pay: Wegner shall be entitled to any and all benefits otherwise available to full time employees of the City of Hutchinson including but not limited to such compensation increases as are authorized by the City Council, fringe benefits as provided by Hutchinson and otherwise. 3. Release. In consideration of the foregoing, Wegner does for, and on behalf of himself and his heirs, executors, administrators, successors and assigns, agree to and hereby does release, quit and forever discharge Hutchinson of and from any and all manner of action or actions, suits, claims, damages, judgements, levies and executions, known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which Wegner ever had, ever has or ever can, shall or may have or claim to have against Hutchinson arising out of the compensation package previously afforded to Wegner including, without limiting the generality of the foregoing, any and all claims which arise out of Resolution No. 10109, the employee job description or otherwise. Wegner understands and agrees that payment and acceptance of the consideration recited above is in full, final and complete compromise, settlement and satisfaction of disputed claims. The same does not constitute and shall not be construed as, any admission of liability or fault whatever, and there are no covenants, promises, undertakings or understandings outside of this agreement other than as set forth above. In witness thereof, the undersigned have executed these presents this day of June, 1995. CITY OF HUTCHINSON By: ATTEST: Gary D. Plotz, City Administrator Neil Wegner: Its L Form No. 235-"rue e e RETAIL "ON SALE" :350.00 btate of lllinntootap —� COUNTY OF. _ - ._ -' City oP_ Hutchinson .-- ._._.. To the City Cosaeu - City ........et...Hutehinson _........_... _.._...._..._..._ ._....ef the .. ............................... _ .................................. . ........ ..................... .... State of Minnesota: Bradley Larson . Ilerrby aPPi..l1!!_Jar a ifawse tar ih. farm ol- ._....._.__ -0a�yaaa --" — � .. from the _....._f irscday ol-- -- 'yaY— .— .— .— .�- - --. IB_:5., b sell At Retail Only, N0n•Int0Xk&tiD9 Mdt I3gWM w the same Oro ds;lwed by law, for omsurnptioa "ON^ than oarbais prnwbse in __........._ ... ..........._.._...__......_... . ..._.City — ....... Hutchiuoo dwribed as followr, to-utt:.. .._. Little Crow Bowling Lanes (Hutch Bowl) at which ptaue said O5 .._.sprraw Y badaiu o% HO�H5.61II1.- .d11.eX— ._. - -_ _ _....__........_......_..... _.._. and to that snd reprernt —and state...ae follow That sold applicant .._.- Ss...a...___.__.. —__ .......a1 am United Swes; of load -oral oharactw and repuG; and ha! ._...attatnad As ale of 01 years; the astabiishmad for which the license wiU be issued if this application is irastad. That rue a d"fadarar of each ■wa-tawudoa"f malt liquors has say aereerehip, in whole or in pact, is sold business of said appliewa —or any interest therein; That said appUeaftt.._.rwake.._..thU application puremM and subject to all. As law of the &We of Min"aaa. and the wdiwanaes and re fuiattans o1 said— ..._iiq.._. ._ .appiicabte thereto, which are hereby made a part hereof, and hereby aMe—JO ebwvso aced Obey we sanw; as.. rar w � a w. w 1 aeconosesd approval. Driver's lcienas I.D. required for purchase. Each applicant further states that --he is we now the holder of, nor has Jar made application for, nor does Jar intend to make application for a Federal Retail Dealer's Special tar stamp for the sale of intoxicating liquor. L =2� r,'TV OF HUTCHINSON /P rjs 18 S d_ P. 0. dddreasca�._._..— Aw754-11 117kl 55�Sd 4 -&, PUBLISHED IN THE HUTCHINSON LEADER TUESDAY, MAY 30, 1995 PUBLICATION NO. 4823 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND ON A PROPOSED TAX INCREMENT FINANCING PLAN CITY OF HUTCHINSON, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Hutchinson (the "City") will hold a public hearing on proposed amendments (the "Amendments ") to a Development Program (the "Program ") for Development District No. 4 of the City (the "Development District'), and on a proposed Tax Increment Financing Plan of the City at 6:00 p.m. on Monday, June 12, 1995, in the Council Chambers at the Hutchinson City Center, Hutchinson, Minnesota. Under the proposed Amendments, a portion of the property located at First Avenue NE and Bluff Street in the City (the "Additional Property") would be included in the Development District, and the City would be authorized to undertake certain activities in connection with the development or redevelopment of Additional Property. The Financing Plan will establish a tax increment financing district (the "Tax Increment District') and provide for the payment of certain costs incurred directly by the City related to the development or redevelopment of the property included in the Development District including the Additional Property or the reimbursement to owners of such property of certain costs paid by private parties in connection with the development or redevelopment of such property. Accompanying this notice is a map showing the area proposed to be included in the Tax Increment District which is the area from which tax increments from the Tax Increment District may be collected, and a map showing the area to be included in the Development District if the Amendments are approved, which is the area in which tax increments from the Tax Increment District may be expended. All who wish to be heard as to the Amendments and the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Administrator prior to the public hearing. By /s/ Gary D. Plotz City Administrator 0 \ k� 0 0 Ll • NEW YORK WASHINGTON, D. C. DENVER ORANGE COUNTY. CA • • LONDON BRUSSELS HONG KONG Mr. Kenneth Merrill City of Hutchinson 111 Hassan Street Hutchinson, MN 55350 DOBSEY & WHITNEY PMFZSSIONeL ].IIIITZD WMILITY FIW."RSHIY PILLSBURY CENTER SOUTH SEATTLE 220 SOUTH SIXTH STREET ROCHESTER, MN MINNTEAPOLIS, MINNESOTA 66402.1488 (612) 3402600 BILLINGS FAX (812) 3 28 GREAT PALLS MISSOULA JEROME P. Onlx=AN DES MOINES (614 94629M FARGO June 8, 1995 Re: Proposed TIF District No. 9 (Simonson Lumber Company Redevelopment) Dear Ken: RECEIVED J'J `I 9 1995 CITY OF HUTCHINSON Enclosed are the following items relating to TIF District No. 9: 1. Amendment to Development Program for Development District No. 4; 2. Resolution Approving the Amendment to Development Program and TIP Plan for TIF District No. 9; and 3. Resolution eliminating a parcel to be included in TIF District No. 9 from the Shopko TIF District. Should you have any questions or comments, please give me a call. JPG:cmn Enclosures cc: Mark Ruff Yours truly, f i Jero4ne . Gilli an E AMENDMENT TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 (TAX INCREMENT DISTRICT NO. 9) CITY OF HUTCHINSON, MINNESOTA APPROVED JUNE 12, 1995 • AMENDMENTTO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 (TAX INCREMENT DISTRICT NO. 9) A. Background. The City of Hutchinson has pursuant to Minnesota Statutes, Sections 469.124 to 469.134 (the "Development District Act "), approved a development program (the "Development Program ") for Development District No. 4 (the "Development District') in the City. Property presently in in Development District No. 4 includes property located in the Central Business District of the City, the shopping center located in the southern portion of the City portions of the industrial park in the City, property adjacent to the Central Business District of the City on which a senior housing facility is located and property located in the southern portion of the City on which a townhouse development is located. B. Amendments to Development Pro am. The City amends the Development Program pursuant to the Development District Act to include an additional parcel in the Development District together with all adjacent and internal rights -of -ways appurtenant thereto (the "Additional Property"), and to authorize the City to undertake activities with respect to the development and redevelopment of the Additional Property and an adjacent parcel (Lot 3, Block 1 of the Hutchinson Downtown Redevelopment Plat) which is already included in the Development District. The legal description of the parcel to be included in the Development District is as follows: Block 45 of the North 1/2 of Hutchinson To finance expenditures to be undertaken in accordance with the Development Program in the redevelopment of the Additional Property, the City is in connection with this Amendment approving the Tax Increment Financing Plan for Tax Increment Financing District No. 9, which includes the Additional Property and an adjacent parcel which is already included in the Development District in a tax increment financing district. Simonson Lumber of Hutchinson, Inc., the owner of the Additional Property, is proposing to demolish an existing warehouse on the Additional Property and to construct on property in Tax Increment Financing District No. 9 an approximately 6,000 square foot retail facility and an approximately 11,000 square foot warehouse. Certain costs of such redevelopment are proposed to be paid or reimbursed from tax increment to be derived from Tax Increment Financing District No. 9. C. Statement and Finding of Public Purq2ose. The City has found that there is a need for redevelopment of the Additional Property based upon the following conditions: • • 1. The Additional Property contains buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, and a combination of these and other factors is detrimental to the safety, health, morals or welfare of the community. 2. Redevelopment of the Additional Property requires active promotion, attraction, encouragement and development of economically sound industry and commerce through government action for the purpose of preventing the emergence and continuation of blight and the occurrence of conditions requiring redevelopment. 3. It is found that there is a need for redevelopment of the Additional Property to provide employment opportunities, to improve the tax base and to improve the general economy of the state. Therefore, the City has determined to include the Additional Property in the Development District to provide impetus for private development and • redevelopment, to maintain and increase employment opportunities, to provide infrastructure to serve citizens and employees of the City, to utilize existing land for potential redevelopment and to provide other facilities as are outlined in the Development Program. The City has also determined that proposed redevelopment of the Additional Property to be assisted or owned by the City would not occur solely through private investment in the foreseeable future. The City finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and redevelopient of economically sound industry and commerce to carry out its stated public purpose objectives. The City has also determined that any tax increment financing plans to be approved with respect to the Additional Property will be consistent with the Development Program; and that the tax increment financing plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise. D. Statement of Objectives. The City determines that this modification of the Development District will provide the City with the ability to achieve certain public purpose objectives with respect to the Additional Property not • -3- otherwise obtainable in the foreseeable future without City intervention in the normal redevelopment process. The City seeks to achieve the following program • objectives, in addition to any previously stated objectives: 1. Work cooperatively with other local organizations, the Hutchinson Community Development Corporation and other governmental agencies in promoting any projects which will improve the City infrastructure, increase employment, and add to the tax base of the City. 2. Promote and secure additional employment opportunities within the Development District, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor. 3. Assist and /or promote small businesses to expand. 4. Encourage local business expansion, improvements, and development whenever possible. 5. Create a desirable and unique character within the Development District through design quality in new and remodeled buildings. 6. Replace or upgrade existing sub - standard buildings to • maintain and increase the tax base of the City. 7. Encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Development Program. E. List of Developm nt ' nd Redevelopments. To implement the established objectives, the City has utilized and plans to utilize a number of public and private financing tools. Funding of the necessary activities and improvements with respect to the Additional Property are expected to be accomplished through tax increment financing, land sale income, revenue bonds, general obligation bonds, federal and state grants, tax credits, and private financing. Specific budgets will be reviewed in a public forum. Any activities which include the use of tax increment will be outlined in the budget of each tax increment financing plan. F. Environmental Controls. It is anticipated that no redevelopment or development within the Additional Property will present major environmental concerns. All city actions, public improvements and private -4- 0 • development will be carried out in a manner that complies with applicable environmental standards. G. Open Space to be Created. Any open space within the Additional Property will be created in accordance with the development controls of City. H. Public Facilities to be Constructed. Public facilities constructed within the Additional Property will be financially feasible and compatible with the City's long range development plans. Such facilities may include street, utilities, storm sewers and drainage improvements. I. Proposed Reuse of PropeM. The City may acquire all or portions of the Additional Property in connection with the redevelopment and development thereof. J. Relocation. The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Act. If relocation is necessary, provision will be made in accordance with Minnesota Statutes, Sections 117.50 through 117.56, inclusive. K. Administration of Development District. Maintenance and operation of the public improvements is the responsibility of the administrator of • the Development District. Each year the administrator will submit to the City Council the maintenance and operation budget for the following year. The administrator administers the Development District pursuant to the provisions of Section 469.131 of the Act, provided, however, that such powers may only be exercised at the direction of the City Council. No action taken by the administrator shall be effective without authorization by the City Council. u The City has not created and does not anticipate the need to create an advisory board to advise the City Council on the planning, construction or implementation of the activities and improvements outlined in the Development Program. L. Rehabilitation. Owners of properties included within the Additional Property may be encouraged to rehabilitate their properties to conform to the applicable state and local codes and ordinances, as well as any design standards implemented by the City. Owners who purchase portions of the Additional Property from the City may be required to rehabilitate their properties as a condition of sale. The City may provide such rehabilitation assistance as may be available from federal, state or local sources. 162 �J • • STATE OF MINNESOTA) COUNTY OF MCLEOD ) CITY OF HUTCHINSON ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Hutchinson, Minnesota, do hereby certify that I have carefully compared the attached copy of: EXTRACT OF HUTCHINSON CITY COUNCIL MINUTES MONDAY, JUNE 12, 1995 with the original file in the Office of the City Administrator, and the same is a full, true and complete copy thereof. WITNESS my hand as such City Administrator and the Corporate Seal of the City this day of 1995. (SEAL) Gary D. Plotz, City Administrator Councilmember introduced the following • resolution, the ready of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. 10492 RESOLUTION APPROVING AN AMENDMENT TO DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 9 BE IT RESOLVED by the City Council (the "Council') of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed that the City modify the Development Program for Development District No. 4, establish Tax Increment Financing District No. 9 and approve and adopt the Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, • inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended. 1.02. The Council has investigated the facts and has caused to be prepared an amendment (the "Amendment') to the Development Program (the "Program ") for Development District No. 4 ( "Development District No. 4 ") and a proposed Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 9 (the "Tax Increment District "). 1.03. The City has performed all actions required by law to be performed prior to the approval of the modification of the Program by the Amendment and the approval of the Plan, including, but not limited to, notification of McLeod County and School District No. 423 having taxing jurisdiction over the property to be included in the Tax Increment District, notification to the McLeod County Commissioner who represents the property to be included in the Tax Increment District, a review by the City Planning Commission of the proposed Amendment and Plan, and the holding of a public hearing upon published notice is required by law. • Section 2. an(i hhn Fchahlichmon4 Amendment and Plan Relating Thereto. 2.01. The Council hereby finds that the Tax Increment District is a redevelopment district. 2.02. The Council hereby finds that the modification of Development District No. 4 by the Amendment and the establishment of the Tax Increment District by the Plan and the approval of the Amendment and Plan relating thereto, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for redevelopment of blighted or obsolete property in the City, to increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Program as amended by the Amendment and the Plan. 2.03. The Council further finds that the proposed development, in the opinion of the Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefor, the use of tax increment financing is deemed necessary; that the Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the • City as a whole, for the redevelopment of Development District No. 4 by private enterprise. 2.04. The Council further finds, declares and determines that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.01. The Amendment and Plan are hereby approved and adopted, and shall be placed on file in the office of the City Administrator. 3.02. The City staff, the CiWs advisors and legal counsel are authorized and directed to proceed with the implementation of the Program as amended by the Amendment and the Plan and for this purpose to negotiate, draft, prepare and present this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Section 4. Further Procedures. 4.01. The City Administrator is authorized to request certification for the Tax Increment District from the McLeod County Auditor's Office and to file the • -2- Plan and Program with the Minnesota Department of Revenue pursuant to • Minnesota Statutes, Section 469.175, subdivision 2. Dated: June 12, 1995. Mayor 0 (SEAL) City Administrator The motion for the adoption of the foregoing resolution was duly seconded by Councilmember thereon, the following voted in favor thereof: and upon vote being taken • and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Administrator. -3- • • EXHIBIT A TO RESOLUTION NO. i n49� The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 9 as required pursuant to Minnesota Statutes, Section 469.175, subdivision 3 are as follows: 1. Finding that the Tax Increment District is a redevelopment district as defined in Minnesota Statutes, Section 469.175, subd. 10. The Tax Increment District consists of two parcels of property. Parcels consisting of more than 70 percent of the area are occupied by buildings and improvements. The buildings have been reviewed by the City Building Official who has determined that more than 50 percent of the buildings are structurally substandard to a degree requiring substantial renovation or clearance. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed • necessary. Due to the high cost of redeveloping the property in the Tax Increment District, the proposed development is only economically feasible through the use of tax increment financing assistance. 3. Finding that the Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is appropriately zoned. The Plan has been reviewed by the Planning Commission and has been found to conform to the general development plan of the City. 4. Finding that the Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The establishment of the Tax Increment District will result in the redevelopment of commercial property in the City by a private landowner and will eliminate a blighting influence in Development District No. 4. • RESOLUTION NO. 10493 RESOLUTION APPROVING ELIMINATING A PARCEL FROM THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City ") as follows: 1. The City acting pursuant to Minnesota Statutes, Sections 469.124 to 469.134, has previously approved the establishment of Development District No. 5 in the City (the "Development District "), and approved a Development Program and amendments thereto (as so amended, the "Program ") for the Development District. In order to finance the costs of the Program the City has approved a Tax Increment Financing Plan (the "Financing Plan"), which establishes tax increment financing district which has been designated by the City as Tax Increment Financing District No. 5 ( "District No. 5 "). It has been proposed that the City eliminate a parcel whose legal description is Lot 3, Block 1 of the Hutchinson Downtown Redevelopment Plat (the "Parcel ") from District No. 5. The current net tax capacity of the Parcel equals or exceeds the original net tax capacity of the Parcel which is used for determining tax increment revenue from the Parcel. 2. The elimination of the Parcel from the District is hereby approved and the City Administrator is hereby directed to notify the McLeod County Auditor of the elimination of the Parcel from District No. 5. Passed by the Council this 12th day of June, 1995. City Administrator • Mayor S-�� 0 Tax Increment Financing Plan for Tax Increment Financing District No. 9 (A Redevelopment District) City of Hutchinson, Minnesota E Drafted: May 8, 1995 Adopted: June 12, 1995 Prepared by: EHLERS AND ASSOCIATES, INC. 2950 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 (612) 339 -8291 0 5 —� TABLE OF CONTENTS TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTINCT NO.9 Section I: Tax Increment Plan for Tax Increment Financing District No. 9 ................... 1 A. Statutory Authority ...................... ............................... 1 B. Statement of Objectives ................... ............................... I C. Development District No 4 Overview ....... ............................... 1 D. Description of Property in District No. 9 ...... ............................... 2 E. Classification of the Tax Increment Financing District .......................... 2 F. ProWM To Be Acquired ................. ............................... 3 G. Estimate of Project Costs ................. ............................... 3 H. Estimated Amount of Loan/Bonded Indebtedness .............................. 3 I. Sources of Revenue ...................... ............................... 4 J. Original Tax Capacity .................... ............................... 4 K. Amount of Captured Tax Capacity .......... ............................... 4 L. Duration of District No. 9 ................. ............................... 5 M. Estimated Impact on Other Taxing Jurisdictions ............................... 5 N. Modifications of the Tax Increment Financing District .......................... 5 O. Administrative Expenses .................. ............................... 6 P. Activity Required in Tax Increment Financing District .......................... 6 Q. Limitation on Qualification of ProWrty in Tax Increment District Not Subject to Improvement ......... ............................... 6 R. Limitation on the Use of Tax Increment ...... ............................... 7 S. Notification of Prior Planned Improvements ... ............................... 7 T. Requirement for AWeements with the Developer . ............................... 7 U. Assessment Agreements .................. ............................... 8 V. Administration of District and Maintenance of the Tax Increment Account .......... 8 W. Financial Reporting Requirements .......... ............................... 8 X. Municipal Approval ..................... ............................... 8 Y. County Road Costs ...................... ............................... 9 Z. Reduction in State Tax Increment Financing Aid .............................. 9 EXHIBIT A Boundary Map of Tax Increment Financing District No. 9 ............... 10 EXHIBIT B Cashflow Analysis, LGA/RISTIFA Analysis and Base Value Analysis ...... 12 EXHIBIT C Qualifications of District No. 9 as a Redevelopment District .............. 13 4 i • Is • TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 9 A. STATUTORY AUTHORITY Within the City of Hutchinson (the "City ") there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the City Council established Development District No. 4, pursuant to Minnesota Statutes, Section 469.124 through 469.134. The City fares various existing land use problems and development needs that require corrective action before development by private enterprise becomes financially feasible or desirable. The City is authorized to establish a tax increment district pursuant to Minnesota Statutes, Section 469.174 to 469.179, as amended, to assist in financing public costs related to this project Tax increments are derived only from the increased amount of taxes which are paid on a parcel of property after the construction of a new structure on the parcel. Tax increment districts encompass the parcels from which tax increments are paid for a period of time. Below is the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 9 ( "District No. 9 "). Development District No. 4 includes the area proposed for District No. 9. A modification of the Development Program for Development District No. 4 is contemplated in this Plan. The City reserves the right to approve all or a portion of the property as proposed to be included in District No. 9 on the date of the first public hearing, June 12, 1995. B. STATEMENT OF OBJECTIVES • District No. 9 currently consists of two parcels of land on property known as the Simonson Lumber Company site. One parcel currently resides in the Shopko Tax Increment District and will be removed from the district prior to its inclusion in District No. 9. It is anticipated that an old warehouse building will be demolished and two new buildings, including a 6,000 square foot retail facility and a 11,000 square foot warehouse, will be constructed in 1995 or early 1996 on the two parcels. District No. 9 is expected to achieve many of the objectives set forth in the Development Program in regard to land use including: Correction of vacant, unused, underused and inappropriately used land. 2. Create a desirable and unique character within the Development district through design in new and remodeled buildings. • • I • . Ip►� • •' • /p • • d•I Y • y • • 101: /1W.11 Property to be Acquired - Selected property located within District No. 9 may be acquired by the City and is further described in Subsection F of this Plan. 2. Relocation - Complete relocation services are available pursuant to Minnesota Statutes. Chapter 117 and other relevant state and federal laws. 11 3. Upon approval of the developer's plan relating to the project and completion of the necessary legal requirements, the City may sell to the developer selected properties it may acquire within District No. 9. 4. The City may perform or provide for some or all necessary acquisition, relocation, demolition, and required utilities and public streets work within District No. 9. 5. District No. 9 contains property zoned C -3, an appropriate status for the anticipated housing units, as currently planned. All development in the area will conform to applicable state and local codes and ordinances. District No. 9 encompasses the parcels and all adjacent and interior right -of -ways as identified below: Parcel 4 Legal Description Block 45 of the North '/2 of Hutchinson Lot 3, Block 1 of the Hutchinson Downtown Redevelopment Plat The City reserves a right to approve all or a portion of the area of the parcel listed as designation for District No. 9. See the map in Exhibit A for further information on the location of District No. 9. E. CLASSIFICATION OF THE TAX INCREMENT FINANCING DISTRICT • The City, in determining the need to create a tax increment financing district in accordance with Minneso ta Statutes Section 469.174 to 469.179, as amended, inclusive, finds that District No. 9 to be established is a redevelopment district pursuant to Minnesota Statutes. Section 469.174, Subdivision 10 as defined below: (a) "Redevelopment district" means a type of tar increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one of the following conditions, reasonably distributed throughout the district, exists: (I) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; or (2) The property consists of vacant, unused under used inappropriately used or infrequently used railyards, rail storage facilities or excessive or vacated railroad right -of -ways. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. C • A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. If the evidence supports a reasonable conclusion that the building is not disqualified as structurally substandard, the municipality may make such a determination without an interior inspection or an independent, expert appraisal of the cost of repair and rehabilitation of the building.., (c) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities or other improvements until 15 percent of the area of the parcel contains improvements. The two parcels have been investigated by staff and consultants and have been found to meet all requirements of a redevelopment district. A complete report of the findings is located in Exhibit C of the Plan. F. PROPERTY TO BE ACQUIRED The City may acquire any or all of the parcels within District No. 9 including interior or adjacent street and railway right -of -ways. G. ESTIMATE OF COSTS 0 The estimate of public costs associated with District No. 9 are outlined in the following line item budget. Estimate of Public Costs Demolition, grading and other site preparation 75,000 Various Capital Improvements 7,500 Administrative costs 7.500 Total Estimated Costs: $90,000 Any funds to be expended for off -site improvements outside the boundaries of District No. 9, but within the boundaries of Development District No. 4, would be less than 25 percent of total tax increment generated by District No. 9, including administrative costs. H. ESTIMATED AMOUNT OF LOAN/BONDED INDEBTEDNESS It is anticipated that the City may issue a revenue bond, general obligation bond, or other type of obligation in one or more series to finance public costs. The Project is expected to be financed with a limited revenue (pay -as- you -go) note in the original principal amount not expected to exceed $75,000 with additional increments to be paid to capitalized and other interest determined at the time of issuance. In addition, the City expects to incur approximately $7,500 of capital improvement costs to be financed intemally and secured with a revenue pledge from District No. 9, plus capitalized or other interest determined at the time of issuance. C, J I. SOURCES OF REVENUE • The major source of revenue to be used to finance public costs associated with the public development projects in Development District No. 4 is tax increment generated as a result of the taxation of the land and improvements in District No. 9. Tax increment financing refers to a funding technique that utilizes increases in valuation and the property taxes attributable to new development to finance, or assist in the financing of public development costs. Additional sources of revenue may include, but are not limited to, investment income and land sales. This does not preclude the City or the developer from using other funds, at its discretion, to pay such costs. ORIGINAL TAX CAPACITY Pursuant to Minnesota Statutes Section 469.174, Subdivision 7 and Section 469.177, Subdivision 1, the Original Net Tax Capacity (OTC) for District No. 9 is based on the value placed on the property by the assessor in 1994 for taxes payable 1995. The tax capacity as certified is estimated to be $4,380 for taxes payable in 1995. At the time that the construction is completed, the original tax capacity is expected to be $4,615. The original tax rate for District No. 9 will be 148.274 %, the tax rate for taxes payable in 1995. Each year, the Office of the County Auditor will measure the amount of increase or decrease in the total tax capacity of District No. 9 to calculate the tax increment payable to the City. In any year in which there is an increase in total tax capacity in the tax increment financing district above the annual percentage of annual increase, a tax increment will be payable. In any year in which the total tax capacity in District No. 9 declines below the original tax capacity, no additional valuation will be captured and no tax increment will be payable. The County Auditor shall certify in each year after the date the OTC was certified, the amount the OTC has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of.the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court- ordered abatements; 4. change in the use of the property and classification; or 5. change in state law governing class rates. K. AMOUNT OF CAPTURED TAX CAPACITY Pursuant to Minnesota Statutes, Section 469.174 Subdivision 4 and Minnesota Statutes, Section 469.177, Subdivision 2, the estimated Captured Net Tax Capacity (CTC) of District No. 9, upon completion of all phases of the project, will annually approximate $7,585. The City requests 100 percent of the available increase in tax capacity for repayment of debt and current expenditures. The original tax capacity and project tax capacity are estimated at current market values and class rates to be the total amount when all development is in place and uses of the property have changed. Estimated Project Tax Capacity $12,200 less Original Tax Capacity (4,615) Estimated Captured Tax Capacity $7,585 • 4 • L. DURATION OF THE DISTRICT Pursuant to Minnesota Statutes Section 469.175, Subdivision 1, the duration of District No. 9 must be indicated within the Plan. The duration of District No. 9 will be 25 years from payment of the first tax increment expected in 1997. Thus, it is estimated that District No. 9, including any modifications of the Plan for subsequent phases or other changes, would terminate at the end of the year 2022. The City does reserve the right to decertify District No. 9 prior to the legally required date. M. ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of District No. 9. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the City, the following estimated impact of District No. 9 would be as follows if the "but for" test was not met: BPACT ON TAX BASE The estimates listed above display captured tax capacity when all construction is completed. The tax rates are payable 1995 figures and tax capacities are the payable 1995 figures for all jurisdictions. District No. 9 will be certified under rates for tax year payable 1995. In addition, the impact on School District No. 423 does not include the effect of state aids for education upon school district funding. N. MODIFICATIONS OF THE TAX INCREMENT FINANCING DISTRICT In accordance with Minnesota Statutes. Section 469.175, Subdivision 4, any reduction or enlargement of the • geographic area of the project or tax increment financing district, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of ENTITY'S CAPTURED % OF CAPTURED ENTITY TOTAL NET CAPTURED TAX CAPACITY ENTITY TAX CAPACITY TAX CAPACUX TO ENTITY TOTAL McLeod County 13,999,563 7,585 0.05% City of Hutchinson 5,556,341 7,585 0.14% School District No. 423 7,220,177 7,585 0.11% TOTAL IWACT ON TAX RATES 11,247 The estimates listed above display captured tax capacity when all construction is completed. The tax rates are payable 1995 figures and tax capacities are the payable 1995 figures for all jurisdictions. District No. 9 will be certified under rates for tax year payable 1995. In addition, the impact on School District No. 423 does not include the effect of state aids for education upon school district funding. N. MODIFICATIONS OF THE TAX INCREMENT FINANCING DISTRICT In accordance with Minnesota Statutes. Section 469.175, Subdivision 4, any reduction or enlargement of the • geographic area of the project or tax increment financing district, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of CURRENT CAPTURED POTENTIAL ENTITY TAX RATE TAX CAPACTI Y TAXES McLeod County .45024 7,585 3,415 City of Hutchinson .41839 7,585 3,174 School District No. 423 .61174 7,585 4,640 Other .00237 7,585 18 TOTAL 1.48274 11,247 The estimates listed above display captured tax capacity when all construction is completed. The tax rates are payable 1995 figures and tax capacities are the payable 1995 figures for all jurisdictions. District No. 9 will be certified under rates for tax year payable 1995. In addition, the impact on School District No. 423 does not include the effect of state aids for education upon school district funding. N. MODIFICATIONS OF THE TAX INCREMENT FINANCING DISTRICT In accordance with Minnesota Statutes. Section 469.175, Subdivision 4, any reduction or enlargement of the • geographic area of the project or tax increment financing district, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in • the portion of the captured tax capacity to be retained by the City, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the City shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original tax capacity by the county auditor or by approximately June, 2000. Modifications to the District No. 9, in the form of a budget modification or an expansion of the boundaries, will be recorded in this subsection of the Plan. O. LIMITATION ON ADMINISTRATIVE EXPENSES In accordance with Minnesota Statutes, Section 469.174, Subdivision 14 and Minnesota Statutes, Section 469.176, Subdivision 3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative expenses for a project which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. Pursuant to Minnesota Statutes Section 469.176, Subdivision 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with District No. 9. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. P. ACTIVITY REQUIRED IN TAX INCREMENT FINANCING DISTRICTS Pursuant to Minnesota Statutes, Section 469.176, Subdivision 1, "no tax increment shall be paid to an authority three years from the date of certification by the County Auditor unless within the three -year period (1) bonds have been issued pursuant to Section 469.178, or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Chapter 469.152 to 469.165, prior to the effective date of the Act; or (2) the authority has acquired property within the district; or (3) the authority has constructed or caused to be constructed public improvements within the district ... " The City must therefore issue bonds or obligations, or acquire property, or construct or cause public improvements in District No. 9 by approximately June, 1998. Q LlMITA-nQN ON QUALIFICAIJON OF PROPERTY IN TAX INCREMENT DISTIU NOT • WR• ! 1 Pursuant to Minnesota Statutes Section 469.176, Subdivision 6, • • if after four years from the date of certification of the original tax capacity of the tax increment financing district pursuant to Minnesota Statutes Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original tax capacity of that parcel shall be excluded from the original tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement ofa street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision.. Forpurposes of this subdivision, qualified improvements are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. • • I • im m 1► •1' u1�1►•1 Pursuant to Minnesota Statues, 469.176, Subd. 4, at least 90 percent of the revenues derived from tax increments from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment districts under Section 469.174, Subdivision 10. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of the land and installation of utilities, roads, sidewalks, and parking facilities for the site. The revenues shall be used to finance or otherwise pay public development costs pursuant to Minnesota Statutes Chapter 462 or 469. These revenues shall not be used to circumvent any levy limit law. No revenues derived from tax increment shall be used for the acquisition, construction, operation, renovation, or maintenance of a building used primarily and regularly for conducting the business of the municipality; this provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. For tax increment fmancing districts for which certification was requested after April 30, 1990, pursuant to Minnesota Statutes Section 469.1763, Subdivisions 1 and 2, an amount equal to at least 75 percent of the revenue derived from tax increments from the district's parcels must be expended on activities in the district. • 1 • • • ' a ►1►I�I• 1 1 C • I71 Pursuant to Minnesota Statutes Section 469.177, Subdivision 4, the City has reviewed the area to be included in District No. 9 and found that no building permits have been issued for those properties. 11111111��ll M11 4, The City will review the developer's proposal to determine its conformance with the Development Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative • deemed necessary by the City to demonstrate the conformance of the development with city plans and ordinances. Land acquired by the City may be subject to a Contract for Sale upon disposition to the developer. The general requirements to be imposed upon the developer by the Contract for Sale are: • 1. To redevelop the land purchased in accordance with this development plan. 2. To commence and complete the building of improvements on the land within a reasonable period of time as determined by the City. 3. Not to resell the land before improvements are made without the prior consent of the City. 4. Not to discriminate on the basis of race, color, sex, creed or national origin on the sale, lease, transfer or occupancy of the land purchased from the City. The requirements to be imposed upon the developer and the City's exact participation in the project will be negotiated as part of the Development Agreement between the City and the Developer. U. ASSESSMENT AGREEMENTS Pursuant to Minnesota Statutes Section 469.177, Subdivision 8, the City may enter into a written agreement with the owner of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements for the duration of the tax increment district. The assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appear, in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. V. ADMINISTRAUON OF DISMCT AND MA—MENANCE OF 1 tIM -A ACC • Adm4lishpation of District No. 9 will be handled by the City Administrator. The tax increment received as a result of increases in the tax capacity of District No. 9 will be maintained in a special account separate from all other municipal accounts and expended only upon sanctioned municipal activities identified in the tax increment financing plan. s ► : i•' 1 • llt 71u11A►• Pursuant to Minnesota Statutes. Section 469.175, Subdivisions 5, 6, and 6(a); an authority must file an annual disclosure report for all tax increment financing districts with the Office of the State Auditor, the county board, school board, and Department of Revenue. /. ul 1►1 1• • ' �• Pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, before or at the time of approval of the tax increment financing plan, the municipality shall make the following findings and shall set forth in writing the reasons and supporting facts for each determination. Finding that the Tax Increment Financing District No. 9 is a Redevelopment District as defined in Minnesota Statutes. Section 469.174, Subd. 10. • • District No. 9 includes parcels and buildings which meet the requirements of coverage of parcel area and blight requirements for the building conditions. 2. Finding that the proposed development, in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Due to the high cost of redevelopment, including the costs of demolition, site preparation, and public improvements, the financing of the proposed housing would not be affordable without the use of tax increment financing. 3. Finding that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is appropriately zoned. The Tax Increment Financing Plan has been reviewed by the Planning Commission and been found to conform to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 9 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The establishment of Tax Increment Financing District No. 9 will result in increased employment opportunities in the community and development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No. 4. Y. COUNTY ROAD COSTS Pursuant to Minnesota Statutes Section 469.175, Subdivision la, the county board may require the authority to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county, substantially increase the use of-county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or other county plan. The improvements outlined in the Plan serve as notice to the county that the development of the retail facility will be assisted with tax increment. In the opinion of the City and consultants, the proposed development will have little or no impact upon county roads. If the county elects to use increments to improve county roads, it must notify the City within thirty days of receipt of this plan. Z. REDUCTION IN STATE TAX INCREMENT FINANCING AID Pursuant to Minnesota Statutes Section 273.1399 for tax increment financing districts for which certification was requested after April 30, 1990, a municipality incurs a reduction in state tax increment financing aid ( RISTIFA) applied to the municipality's Local Government Aid (LGA) first and Homestead and Agricultural Aid (HACA) second, in an amount equal to a formula based upon the equalized qualifying captured tax capacity (QCTC) of the tax increment financing district The total amount of RISTIFA expected for the • project amounts to less than 10 to 20 percent of the total tax increment 0 Boundary Map of Tax Increment Financing District No. 9 as established June 12, 1995 i i 10 �J J .n z M-04 NORTHWEST AVENUE W W d' N32j�l HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT BLOCK 1 1 FIRST PUBLIC SQUARE 7,,-, F0 K 5 a �� 6 45 V7 3 2 1 2 1 AVENUE NORTHEAST 2 w REDEV LOPMENT PLAT NO. 2 w 1 7 BLOCK 6 WASHINGTON 10 1 10 1 z 9 2 � w z 45 g 3 8 Y- 4 N 7 4 6 F 5 N32j�l HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT BLOCK 1 1 FIRST PUBLIC SQUARE 7,,-, F0 K 5 a �� 6 45 V7 3 2 1 2 1 AVENUE NORTHEAST 2 w REDEV LOPMENT PLAT NO. 2 w 1 7 BLOCK 6 WASHINGTON 10 1 10 9 2 9 w 45 g 3 8 4 N 7 6 1 2 3 w 4 I PA PARK 2 PAS FM S I8I9 10 10 9 r g w N 7 1 2 3 4 5 EXHIBIT B • Cashflow Analysis LGA/RISTIFA Analysis and Base Value Analysis L i 12 05/09195 Clry of Hutchinson Page 1 T.I.F. CASH FLOW ASSUMPTIONS Inflation Rate: • 0.0000% Interest Rate: 9.500% Tax Extension Rate: 1.482740 Pay 95 Fiscal Disparities Rate: 0.00% School District No. 423 Basic Rate: 36.00% <— Estimate School District No. 423 Sales Ratio: 90.00% <— Estimate L.GA as a Percent of Tax Increment: 26.98% L.GA Investment Rate: 4.500% • BASE VALUE INFORMATION Market Tax Value Capacity Lot 3, Block 1 Hutch Downtown 5,100 0 Block 45 ex Lot 7 & 8, N11/2 130,000 4,380 Total Original Market Value 135,1 DO 4,380 Pay 95 Class Rate: Original Tax Capacity: Type of Development: Total Taxes Per Total Commercial < $100,000 Commercial > $100,000 VAL Annual Tax 11,247 3.0000% Pay 95 4.6000% Pay 95 4,615 Pay 95 6,000 s.f. retail 11,000 s.f. warehouse Total Tax Market MV/ innrety Value S. F. HU100-01 Prepared by ENm & Associates PLAN1 05109/95 City of Hutel iron Page 2 HU100 -01 Prepared by Ehlers & As cdates PLA 1 TAX INCREMENT CASH FLOW Orig. Project Captured Semi - Annual Admin. Semi - Annual NPV LGA Payment PERIOD Tax Tax Tax Grass Tax at Net Tax Tax Increment Penalty Date Yrs. Capacity Capacity Capacity Increment 10.00% Increment 9.50% 26.98% Mth. Yr. 0.0 4,615 4,615 0 0 0 0 0 0 02 -01 1996 0.0 4,615 4,615 0 0 0 0 0 0 08 -01 1996 0.0 4,615 4,615 0 0 0 0 0 0 02 -01 1997 0.5 4,615 12,200 7,585 5,624 562 5,061 4,204 0 08-01 1997 1.0 4,615 12,200 7,585 5,624 562 5,061 8,217 0 02 -01 1998 1.5 4,615 12,200 7,585 5,624 562 5,061 12,048 0 08-01 1998 2.0 4,615 12,200 7,585 5,624 562 5,061 15,706 0 02 -01 1999 2.5 4,615 12,200 7,585 5,624 562 5,061 19,197 0 08-01 1999 3.0 4,615 12,200 7,585 5,624 562 5,061 22,530 0 02 -01 2000 3.5 4,615 12,200 7,585 5,624 562 5,061 25,713 0 08 -01 2000 4.0 4,615 12,200 7,585 5,624 562 5,061 28.750 0 02 -01 2001 4.5 4.615 12,200 7,585 5,624 562 5,061 31,650 95 08-01 2001 5.0 4,615 12,200 7,585 5,624 562 5,061 34,419 95 02 -01 2002 5.5 4,615 12,200 7,585 5,624 562 5,061 37,062 190 08-01 2002 6.0 4,615 12,200 7,585 5,624 562 5,061 39,585 190 02 -01 2003 6.5 4,615 12,200 7,585 5,624 562 5,061 41,994 284 08 -01 2003 7.0 4,615 12,200 7,585 5,624 562 5,061 44,293 284 02 -01 2004 7.5 4,615 12,200 7,585 5,624 562 5,061 46,489 379 08-01 2004 8.0 4,615 12,200 7,585 5,624 562 5,061 48,584 379 02 -01 2005 8.5 4,615 12,200 7,585 5,624 562 5,061 50,585 474 08-01 2005 9.0 4,615 12,200 7,585 5,624 562 5,061 52,495 474 02 -01 2006 9.5 4,615 12,200 7,585 5,624 562 5,061 54,318 569 08-01 2006 10.0 4,615 12,200 7,585 5,624 562 5,061 56,059 569 02 -01 2007 10.5 4,615 12,200 7,585 5,624 562 5,061 57,721 664 08 -01 2007 11.0 4,615 12,200 7,585 5,624 562 5,061 59,307 664 02 -01 2008 11.5 4,615 12,200 7,585 5,624 562 5,061 60,822 759 08-01 2008 12.0 4,615 12,200 7,585 5,624 562 5,061 62.267 759 02 -01 200 12.5 4,615 12,200 7,585 5,624 562 5,061 63,647 853 08-01 2009 13.0 4,615 12,200 7,585 5,624 562 5,061 64,965 853 02 -01 2010 13.5 4,615 12,200 7,585 5,624 562 5,061 66,223 948 08-01 2010 14.0 4,615 12,200 7,585 5,624 562 5,061 67,424 948 02 -01 2011 14.5 4,615 12,200 7,585 5,624 562 5,061 68,570 1,043 08-01 2011 15.0 4,615 12,200 7,585 5,624 562 5,061 69,665 1,043 02 -01 2012 15.5 4,615 12,200 7,585 5,624 562 5,061 70,709 1,138 O13-01 2012 16.0 4,615 12,200 7,585 5,624 562 5,061 71,707 1,138 02 -01 2013 16.5 4,615 12,200 7,585 5,624 562 5,061 72,659 1,233 08-01 2013 17.0 4,615 12,200 7,585 5,624 562 5,061 73,568 1,233 02 -01 2014 17.5 4,615 12,200 7,585 5,624 562 5,061 74,436 1,327 08-01 2014 18.0 4,615 12,200 7,585 5,624 562 5,061 75,264 1,327 02 -01 2015 18.5 4,615 12,200 7,585 5,624 562 5,061 76,055 1,422 08-01 2015 19.0 4,615 12,200 7,585 5,624 562 5,061 76,810 1,422 02 -01 2016 19.5 4,615 12,200 7,585 5,624 562 5,061 77,531 1,517 08 -01 2016 20.0 4,615 12,200 7,585 5,624 562 5,061 78,219 1,517 02 -01 2017 20.5 4,615 12,200 7,585 5,624 562 5,061 78,876 1,517 08-01 2017 21.0 4,615 12,200 7,585 5,624 562 5,061 79,503 1,517 02 -01 2018 21.5 4,615 12,200 7,585 5,624 562 5,061 80,101 1,517 08-01 2018 22.0 4,615 12,200 7,585 5,624 562 5,061 80,673 1,517 02 -01 2019 22.5 4,615 12,200 7,585 5,624 562 5,061 81,218 1,517 08-01 2019 23.0 4,615 12,200 7,585 5,624 562 5,061 81,739 1,517 02 -01 2020 23.5 4,615 12,200 7,585 5,624 562 5,061 82,236 1,517 08-01 2020 24.0 4,615 12,200 7,585 5,624 562 5,061 82,711 1,517 02 -01 2021 24.5 4,615 12,200 7,585 5,624 562 5,061 83,164 1,517 08-01 2021 25.0 4,615 12,200 7,585 5,624 562 5,061 83,597 1,517 02 -01 2022 Totals 281,179 28,118 253,061 2,875 285 40,961 Present Values 92,885 9,289 83,597 709,896 7,726 HU100 -01 Prepared by Ehlers & As cdates PLA 1 • EXHIBIT C • • Qualifications of District No. 9 as a Redevelopment District (To be inserted prior to the public hearing) 13 HUTCHINSON LIGHT TRAFFIC PROJECT • RESIDENT SURVEY 4653 SURVEYS SENT 910 SURVEYS RETURNED 19.5% RESPONSE QUESTION #1. Strongly agree -► -! -► Strongly disagree 1. 2. 3. 4. 5. 16. 7. N/R a. There should be separate paths for bicyclists throughout the city. 228 109 125 164 59 53 157 15 b. Increase safety for bicyclists on existing streets with signage and striping 228 146 146 137 78 51 109 15 c. There should be separate paths for walkers throughout the city. 205 79 124 161 81 84 160 16 d. There should be separate paths for in -line skaters throughout the city. 187 76 73 151 93 88 225 17 e. More recreational trails should be developed. 291 131 130 115 50 42 139 12 icycle trail connecting to trails located in Mpls and S[ Paul 137 61 101 170 102 68 256 14 dditional trails groomed for x- country skiing and snowmobiling 135 81 115 190 108 68 198 15 h. More public transit in Hutchinson 162 111 149 207 93 58 113 17 i. More trails to connect the business dist., tech college and industrial arras 175 132 178 129 65 66 153 13 j. Develop additional trails for winter recreational activties 103 71 133 208 115 89 174 17 k. I would bicycle to work if I could get there safely on paths or bike lanes. 167 92 83 178 64 69 236 21 I. All family members who bicycle should wear a bicycle helmet 237 78 116 197 60 75 131 16 m. Only the children should be required to wear bicycle helmets when riding. 124 87 94 169 89 89 240 18 n. Bicycle helmets are too cumbersomeawkward to wear. 109 59 87 254 88 61 234 18 o. Bicycle helmet use should be strongly encouraged. 299 105 130 196 51 38 73 18 p. I don't believe that a bicycle helmet will protect me. 81 33 50 145 123 356 24 q. A city bicycle license would help locate stolen bicycles. 191 89 94 204 H59 168 22 • �-7q, QUESTION 42. In your opinion, should the City of Hutchinson spend the same, more or less effort developing routes to be used by walkers, runner (joggers) and bicyclists? QUESTION #2. SAME MORE LESS N/R 286 423 159 42 QUESTION #3. List activities involving how you might move from home to another location. Question #3. ACTIVITY FREQUENCY ROUTES Daily 3- 6/week 1- 2/week <1 /week local Luce # miles Bicycling (commute) (29.1 %) 30 58 61 146 210 43 751 Bicycling (leisure) (81.7%) 42 160 182 180 393 164 1881 Walking (93.9%) 179 214 199 172 483 158 1302 Running/jogging (21.9 %) 13 35 37 115 81 37 298 Driving (commute) (67.3 %) 423 119 47 24 324 4283 Driving (errands) (92.1%) 435 235 100 69 404 3027 Driving (leisure) (58.5 %) 143 77 175 138 224 5068 Motorcycling (leisure) (15.8 %) 12 25 29 78 59 140 Motorcycling (commuting) ( 7.5%) 7 7 18 37 49 351 In -line skating (19.6 %) 13 38 50 78 86 283 Public Transit (Hutchmobile) (12.6 %) 10 7 6 92 14 93 Snowmobiling (14.6 %) 2 11 26 94 17 51 1532 Cross-country skiing (14.3 %) 1 8 24 98 6 12 219 AREA OF HUTCHINSON IN WHICH YOU LIVE 18-25 I NW SE SW I CENTRAL I N/R 122 155 184 344 1 79 26 GENDER MALE (412) FEMALE (482) N/R (16) AGE 18-25 26-39 40-54 55-64 Over 65 N/R 83 295 265 120 131 16 n u 2 Question 1a. There should be separate bike paths. 6o.e% 19.1. 29.6% Agree Disagree `Neither agree or disagree 'TOTAL OF #4 (MIDWAY) AND NIR ON SURVEY Question 1 c. i There should be separate paths for walkers i 44A% 95% 3i.T% Agree i Disagree 'Neither agree or disagree TOTAL OF 94 (MIDWAY) ANDN/R ON SURVEY Question 1 b. Increase safety for bicyclists with signage. sT 1x, . 0!�= IV262% Agree Disagree 'Neither agree or disagree 'TOTAL OF 04 (MIDWAY) AND N/R ON SURVEY Question 1 d. There should be separate paths for in -line skaters. i I 44.6% Agree Disagree 'Neither agree or disagree *TOTAL OF H4 (MIDWAY) AND NiR ON SURVEY v �� 1 -TOTAL OF #4(MIDW.AY) ANDN/R ON SURVEY Question 1 g. Additional trails groomed for skiing and snowmobiling. 411% gF Agree Disagree . 'Neither agree or disagree *TOTAL, OF 44 (MIDWAY) AND NIR ON SURVEY Question 1 f. Bicycle trail connecting to trails located in Twin Cities. 32-9 %] 18.9% 28.2% Agree ® Disagree 'Neither agree or disagree *TOTAL OF 44 (MIDWAY) AND N/R ON SURVEY Question 1 h. More pub €ic transit in Hutchinson. I 29% 24.891 Agree Disagree 'Neither agree or disagree *TOTAL. OF 44 (MID WAY) AIND N%R ON SURVEY Question 1 i. More wnneeBng bails bowers business &L, loch calege and ioduslrial Brea 45.6% 4 311% Agree ® Disagree 'Neither agree or disagree `TOTAL OF 94 (MIDWAY) AND NAt ON SURVEY Question 1 k. I would bike to work if I could get there safely. 37 9% 40.9% i 21.9% I Agree Disagree ' Neither agree or disagree -TOTAL OF #4 fk[IDWAY) AND v R Oh' SURVEY Question 1 �. Develop additional trails for winter activities. 337X 17.6% 24.7% �_j Agree Disagree 'Neither agree or disagree 'TOTAL OF 44 {MIDWAY AND N/R ON SURVEY Question 11. Ail family members who bicycle should wear a helmet. 47.4% I I I i Ii I 29.2% 23.4% J Agree Disagree 'Neither agree or disagree "TOTAL OF #4 (MIDWAY) AND N/R ON SURVEY Question 1 m. Only children should wear helmets when riding. 59.6% 16.0% 20.5% Agree Disagree 'Neither agree or disagree rOTAL OF 44 (N DW'AY) AND N/R ON SURVEY Question 1 o. Bicycle he met use should be strongly encouraged. 2?sx +T ex Agree Disagree 'Neither agree or disagree Question 1 n. Bicycle helmets are too cumbersome to wear. 9e 9x 29.p% Agree Disagree 'Neither agree or disagree 'TOTAL OF #4 (NUDWAY) AND NIR ON SURVEY Question 1 p. I don't believe a bike helmet will protect me. � +ex 694% II +e.ex �1 Agree Disagree 'Neither agree or disagree • TOTAL OF #.4 iMIDWAl7 201D N;R ON SURVEY Question 1 q. A city bike license would help locate stolen bikes. u.+x 21.d% Agree Disagree 'Neither agree or disagree ' TOTAL OF #4 (M3DWAY) AND WR ON SURVEY Question 2 46i C' Same More Less No Response In your opinion, should the city spend the same, more or Less effort developing routes to be used by walkers, runners and bicyclists? GENDER MALE WR Bid FEMALE AREA OF HUTCHINSON IN WHICH YOU LIVE ,r% 202% i` 2.8% s.rX NE NW SE SW CENTRAL N!R AGE OF PERSON RESPONDING TO SURVEY W- ,ex 28,1% 94.4% 782% t & -25 ■ 26 -39 40 -54 55 -64 ' Over 65 N1R • • 0 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON* STEVEN S. HOGE LAURA K. FRETLANO DAVID A. BRUEGGEMANN PAUL D. DOVE** RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO ADMITTED IN T[XAf I.NO NEw IORM ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITEO LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 553502563 (612) 587 -7575 FAX (612) 5874096 RESIDENT ATTORNEY G. BARRY ANDERSON June 8, 1995 Mr. Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 RE: Mark Schantzen Matter our File No. 3188 -94262 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (6121389 -2214 FAX 1612) 389 -5506 FIFCEIVED LI TI 8 1995 C[TY OF HUTCHINSON I write to you today regarding the Paden's Addition problems, an issue that was discussed at the last City Council meeting and deferred to this Monday evening's meeting. Various Council members wanted additional information and this correspondence is designed 1tO provide that information. John Rodeberg can give you more detail regarding problems associated with the assessment searches, but I believe I can provide enough background so that the Council can at least make some decisions. I am enclosing for your review and the review of the City Council, the following documents: 1. My correspondence dated May 19, 1995; 2. My correspondence dated April 7, 1995; 3. John Rodeberg's letter dated March 22, 1995 including the two assessment searches referred in said letter; 4. A copy of Pete Kasal's letter dated May 9, 1994; 5. A copy of Pete Kasal's letter dated April 4, 1994; 6. A copy of the memorandum from John Rodeberg dated December 7, 1992. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION n —A. ��CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary Plotz June S, 1995 page 2 Looking at all of these documents in chronological order, it seems reasonable to conclude that the owners who purchased the property at the county auction did so initially because of the representations made by the City that the assessments were in the neighborhood of $21,000.00 and I think it reasonable that the City take some appropriate action relative to this particular lot even if it does nothing relative to other lots. As I outlined in prior correspondence, the City has, in my view, two options. It can either follow through on its initial proposal, approximately $21,000.00 worth of assessments payable over seven years with such minor modifications as the parties are willing to enter into or, alternatively, the City could propose to purchase the lot for approximately $1500.00, a price I believe the present fee holders would be willing to accept. 0 If the City chooses to go this route, then the City may wish to consider whether or not it wishes to acquire the other two lots which could be acquired for a fairly modest amount, the lot owned by Mr. Krammer and the lot owned by Mr. Daggett. Otherwise, these properties are simply going to march through the forfeiture process • and will have zero developmental potential. A question was raised regarding the Word of Life agreement and for the information of the Council I am enclosing a copy of that agreement as executed by the parties as well. Thank you. Best regards. Very GBA /es cc: John P no Rodeberg (without enclosures) • DEC-07 -1992 16:59 FR CITY OF HJTCHINSON TO 2347333 P.02/03 9 M S M O R A H D U H December 7, 1992 T0i Hark Schantzen, Schantzen & Schantzen FROM! John P. Rodeberg, Director of Engineering RE: Assessments on Lot 2/Block 2 Padens Addition Based on the enclosed calculations completed by the Finance Director, the adjusted total assessments due would be $20,997.02 based on the revised City policy for tax forfeit properties. You would be able to have these reassessed to the property over 7 years at 7 percent. He will finalize the agreement if you purchase the property. <Jj> City Hall Parks &Recreation 37 Washington Avenue West 900 Harrington Street (6121587.5151 (612) 397.2975 Htttchincna ,,.cn Police Department 10 Franklin Street $oath (612) 387.2242 0 0 CITY OF HUTCHINSON TAI FORFEIT FIR C17T POLICY - YEAR ?AXIS NOT PAID MEREST IN RR ADDED AS INTERESTED 13 ADDED FOR DEFERRED ASSESSMENT 15T 10 YEARS AT NET INTEREST ON BONDS - YEARS AFTER S7 TAI98 WERE NOT PAID IN 1186 PROPERTY ID 12- 116 -30 -OA -0950 LOT 2 BLOCK 2 1ST PADEN ADDITION 1990 DEFERRED 5056 ORDINAL ANNUAL 1986 BALANCE 1992 TOTAL TOTAL AMT 0.431644 TEAR TNT. RATE AMOUNT PAYMENT YEARS PD TO PAY INTEREST DUE 0.404098 1.43 103 3533 1981 10.5% 4315.67 431.57 5 2,157.84 7 1,566.01 3,743.84 3069.704 3,088.70 121 1981 7.0% 14595.7 1,469.57 5 7,347.65 7 3,600.45 10,948.30 10307.42 10,547.42 172 1981 7.D% 1013.39 181.34 5 906.70 7 444.28 1,150.98 1296.573 1,296.57 123 1981 7.0% 1738.24 173.82 S 669.12 7 425.81 1,294.99 1242.641 1,242.84 140 3816 1982 1015% 3725.89 372.59 4 2,233.53 7 1,643.12 3,878.65 3129.747 7,129.74 150 1982 10.5% 2065.18 206.52 4 1,239.11 7 910.74 2,149.65 1734.751 1,734.75 270 1991 6.2% 714.18 71.42 0 714.18 1 44.28 758.46 738.46 - -- - - ---- 115,470.32 ----- - - ---- 23,346.61 ----- - - - --- 20,997.02 •23,366.01 IS THE AMOUNT DUE TO IND OF THIS YIAR INCLUDES INTEREST ACCUR191) 7NR01 ND OF YEAR 1992 n I n l !li i i i it r1 L_J KEEFE & KASAL ATTORNEYS AT LAW 246 MAIN STREET SOUTH P.O. BOX 220 HUTCHINSON, MINNESOTA 55350 JOHN E. KEEFE PETE KASAL PHONE 597.2163 AREA CODE 612 April 4, 1994 Mr. John Rodeberg City Engineer Hutchinson City Center 111 Hassan St. S.E. Hutchinson, MN 55350 RE: Lot 3, Block 2, PADEN FIRST ADDITION Dear John: I just want to confirm our telephone conversation of last week. I talked to Mark Schantzen, who purchased the above lot from the tax forfeiture rolls in February, 1993. Prior to that, it is my understanding he made a number of inquiries to the City of Hutchinson to determine the amount of assessments against the lot. I am enclosing a copy of the print -out and the letter he obtained in November and December, 1992. As I explained to you over the phone, the original assessment search provided by the City and your letters indicated approximately $21,000.00 in assessments against the lot. The Agreement he received in March of 1993 for reassessment of the property listed the total special assessments by the City at $34,000.00. The latest real estate tax notice places the special assessments at over $35,000.00. The tax notice also requires that the taxes be paid in full this year, $18,000.00 on May 15 and $18,000.00 on October 15. If the taxes aren't paid by May 15, obviously there is another 108 penalty. We are rapidly approaching the $40,000.00 mark for this piece of property. As you can well understand, adding an addi- tional $20,000.00 for lot purchase does not make our project feasible, and it is my belief that this lot is not worth $40,000.00. It is my understanding you are going to discuss this with Mr. Merrill and also, possibly the City Council, in order to resolve the issue of these special assessments. I would appre- ciate it if you could get back to me by April 15 so that we have some time to put a potential agreement together. 0 Thank you. PJK:11 Enc. Sincerely yours, tt AL " J �1� /`'�'1�1 Ff 74 0 KEEFE & KASAL ATTORNEYS AT LAW 246 MAIN STREET SOUTH P.O. BOX 220 HUTCHINSON. MINNESOTA 55350 JOHN E. KEEFE PETE KASAL PHONE 55: -2163 AREA CODE 612 May 9, 1994 Mr. Barry Anderson Hutchinson City Center 111 hassan St. SE Hutchinson, MN 55350 RE: Mark Schantzen Our File No. 94 -5223P Dear Barry: If you will recall, I contacted you approximately a month ago regarding the purchase of a lot by Mark Schantzen. This lot is located on the south end of Hutchinson adjacent to the Champion Auto Store. Mr. Schantzen purchased the lot on a tax forfeiture sale through McLeod County. Prior to purchasing the lot in November 1992, he contacted the City of Hutchinson to determine the amount of assessments against the lot and he received an assessment search from the City of Hutchinson. Because he didn't entirely understand how the assessment search read, he contacted the City Engineer, Mr. Rodeberg to advise him as to the total amount of delinquent assessments against the lot. In December 1992, Mr. Rodeberg wrote a letter to Mr. Schantzen describing the total assessments of approximately $23,000.00 against the property. Based on that information, Mr. Schantzen purchased the lot in March 1993. Following his purchase of the lot, he received a tax notice from the City of Hutchinson indicating assessments against the lot in excess of $32,000. -00 and also a proposal for an extended period to pay the back assessments. He has now received another notice in 1994 indicating $37,000.00 in assessments. The last time that we talked, I'believe that you mentioned that you were going to talk to Mr. Rodeberg about this particular problem. Obviously this lot is not worth $37,000.00 A' Mr. Barry Anderson May 9, 1994 Page 2 and was purchased because the City indicated only $23,000.00 of assessments was placed against the lot. Could you please let me know if the City has a, proposal for a solution of this problem. PJK :lv Sincerely yours, KE£ & KASA-L--' Pete asa'� r 0 0 0 March 22, 1995 Mr. G. Barry Anderson, Hutchinson City Attorney Arnold, Anderson & Dove 101 Main Street South Hutchinson, MN 55350 RE: Mark Schantzen/Paden's Addition, Lot 3, Block 2 City PID 12- 116 -30 -08 -0060 Dear Barry: Mr. Ken Merrill, Finance Director Hutchinson City Center 111 Hassan Street SE Huthcinson, MN 55350 -2522 I sincerely apoligize for letting this matter slip. I believed that we had responded to the concerns and questions expressed by Mr. Kasal. There was extensive discussion of the situation with you and City staff in May of 1994 and earlier, and although I thought the matter had been clarified Iswe apparently never formally responded. I am sorry for the mistake. Attached please find two Assessment Searches for the above referenced property, and related correspondance with Mr. Kasal. The first Assessment Search. dated 11/13/92, was prepared prior to certification by the County Auditor on November 30, 1992, and therefore had not yet been updated for 1993. A notification of this was typed on the Assessment Search. If you look at the second page of the Search, the computer printout notes that the first four Assessment Rolls were clear (CL), while the next two were in their last year (LY). This implied to us that assessments had been paid, and therefore these costs were not included in the Assessments noted on the front page. Also note that the spreadsheet attached to Mr. Kasal's letter of April, 4, 1994 was for Lot 2, not Lot 3, and included incorrect calculations. The second Assessment Search was completed on 12/23/92, after certfication by the County Auditor, and clarification was made that the property was in fact tax forfeit, and that the assessments had not been paid (please note that all rolls noted now have a TF code). We therefore revised the Search to note that these assessments had, in fact, not been paid. We included a spreadsheet noting the assessments currently due, and notes regarding how the assessment was calculated. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587-2975 Fax (6!2)) 234- 234 -422 K 40 ' i - Ponied on renrfed paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 Page ? - Barry/Schanten Leiter Harch 11. 1995 Also find attached an "Agreement of Reassessment' completed in March of 1993 but never is executed. In conclusion, it appears as if many factors have created confusion regarding this matter. The three of us, and potentially Pete Kasal and Pat VanderVeen, should sit down as soon as possible to review the issues that have arisen. Please let me know if you have any other questions or comments. Sincere Jghr P. Rodeberg, Director of EngineeringPublic W rks cc: Gary Plotz - City Administrator Cal Rice - Assistant to City Engineer file: PID file G:1AS SESS%SCHZ -LET. W PD i 0 0 z c s U Z N � P O� z:w :c = z - C F z � c ..Iy ASSESOMM"T SEA'tCH 2: 3P y O: H V! O h 1. a O R 37 Washington Avenue West,-Hutchinson, MN 55350, (612) 587 -5151 4 I ORDERED DATE 11113/ 1992 TIME 3:11 PH BY, MARK SCHANTZEN P R PHONE, 587 -6269 ADDRESS, 45 ADAMS ST. SO., HUTCHINSON, HN O P LEGAL DESCRIPTIONr Lot, 3 Block, 2 Subd, E R y DEN FIRST ADDITION T Y ADDRESS, 720 ATLANTA AVENUE Z N 1PROPERTY CITY PID NO, 12 -116 -30-08 -0060 MCLEOD COUNTY PID NO ! 23.316.0060 O WNERr STATE OF MINNESOTA IN TRUST C/O ED IDE, MCLEOD COUNTY WNER'S MAILING ADDRESS, COURTHOUSE, 830 11TH ST. E., GLENCOE, MN 55336 . SPECIAL ASSESSMENTS, I have caused examination to be made of the records in the Office A of the Director of Engineering as to Special Assessments against 8 the above - described real estate, and to the best of ■y knowledge s and belief, assessments in the amount of S 4,757.45 E are charged, and as yet unpaid, against the real estate. In 8 I addition, the amount certified to the County Auditor for S collection in 1992 is approximately S 1.204.36 x E PENDING ASSESSMENTS, (Project was initiated by Council Resolution.) N E NO YES, IF YES, DESCRIBE, T 8 SUBDIVISION AGREEHENT, NO E YES UNKNOWN Note= The subdivision agreement may contain restrictions on the M use of the property or may contain procedures for assessing the I cost of improvements against the property or may otherwise affect S your use and enjoyment of the property. If the subdivision C agreement is not of record against the property at the county, a E copy can be secured from the City at nominal cost. L L UNPAID BILLS. A WATER BILL -------- - - - - -- E NO YES - AMOUNT S N TREE REMOVAL------- - - - - -- - I NO __ YES - AMOUNT S N WEED CUTTING------- - - - - -- O OTHER, pO YES - AMOUNT S X NO YES - AMOUNT $ U Utility billings and cyrrent service charges will be computed as 8 soon as a final reading is requested by the property owner. COMMENTS, See Comments on attached fors, if applicable. D Neither the City of Hutchinson or its employees guarantee the I accuracy of the above information. In consideration for supplying 8 the indicated information in the form set forth above, any claim against the City or its employees arising from this assessment search is hereby expressly waived. A Also be advised that the records of t e Co my uditor should be I checked for any assessments that ■fight a rd. M E DATED, 11 -17 -1992 R ___ CITY ENGINEER /ASSISTANT CITY ENGINEER F'• '. ....... ' ?t•F tF 2_Y A1r. •, ; ,...� ..... ... : ...... . ... :.: :.... :C TA.KFAYEP, INIUIR" ; :cUrp'. Fr,C ?E ^,!Y :D 12- 116-30 -06 -0060 HOUSE# F?P.CTION STREET NAdE 7220 1/ ATL?2iTA AVE Owner!: STATE OF tV IN TRUST Owner2: 2oninc: Frim /sac: Yr.blt: Sch.Dst: 423 Wshd: 00 Gr /O< - /Ex f. .,.•f2_ .t _affil.... 1590: :NE 'r L14g,., A,';:,;;:;;2 ..T .. ........ .. t .ot Tx ,apaci 7 Ft.--on: Mt.Adr: WIT ZIF+4 Front: Back: 55350+ night: Left: Owner-- : PROPERTY ID: 12-116 -30 -08 -0060 Owner4: 0000 Area: Acr ES: Subrecs: 00 Width: Depth: f. .,.•f2_ .t _affil.... 1590: .... L14g,., Flit.`' :2_C`'`, ..,.i^ ..T .. ........ .. t .ot Tx ,apaci 7 .. HdfFT . .... 1929: PROPERTY ID: 12-116 -30 -08 -0060 Legal Description: LOT 3 ELGCi; P ?.TEN FIRST rzo 2 Type F 7 or ADDFESS: PC ess E%7 ER: orfFi,fF2,;F8: ScECiAL ASSESSP .N2_ SEARCH SU11,I RY AS OF: 11j16/1992 PROPERTY ID: 12-116 -30 -08 -0060 SEE COMN",_NTS S /F.# ASSESSI NT DESC?IFT. YEAR TM R�:TE TOTA? ANN. ?AYOFF ^O SA 2_03 C'LIS,�J TE3 Svr ACE 1921 10 2_0.5000 431 °.67 . 0.00 ;. SA -121 WATE mAiN 2_021 10 7.0G00 14655.70 0.00 0.10 0.0C CL SA -122 STORM sEwER 1981 10 7•000u 122_3.39 0.00 0.00 " SA 123 CUFBbGL'IT =6Sb t Zr ^ 7 1521 1C 0v ^v ^0 1'38. 2x G. 00 - ^.00 SA 9 a1T SURF >.; 1-.. 0 1u.S000 3 ?25.59 3'2.59 v _ 0.00 SA 150 E17.S 20_;10 T 1982 10 10.5000 2065.18 206.52 SA 159 CL E GL"TE? -AS- !0 9.i000 3704.37 370. 1 G.00 S =. 270 EiT.3 ?SE /'rc'> Cam'..__ 1 91 10 6.1500 72_4 - v 3'�� . -- SA _72 STCr /S ?ti._EHjnATE ? "! 0 - L992 1 5,2 uG `8 37 =�. 1. -2 374.43 542.76 3744.22 -- ---- SUtIN RY r:F LEVIED 13=0' S0 1020. d757 1c ....�. 1 - - - 092 ?62_ i,EETF'ET 12'0$.36 ------ SUhB�?RY OF DEFER .ED 0.0,0 0.00 - - - - -- sun ARV OF 71L 7E 0.00 0.00 0.00 0.00 ------ SUMMARY OF PENDING 0.00 0.00 0.00 ------ SU'lVARv OF CLCGE' 2.,5-• 2 o�.eG 2222 - �'vu. ti °" _' HISTJK'i -'1, O. GO °'BsS ENTER: or F4, F5. F7, F8 f FROFE11TY SYSTEM 11 , . i . ... . . . ' ,�•�DeAl1i , . f,2_ 1 - ASJES.Jt IC.l'I1 �.O�J.NTC i��`VI �' , , • • • • :2_Y • • • • -- UR.R FaC;p-R•ly ID 3__ 12 116 30 CS 0060 :NET 2 A ; ;: ; ;:; „ C O M M E N T S 1999 ,,TED', = iTING SEE JILwiNG STAlEIMIT 14r Ll 0 4 C ASSESSMENT SE ,, -,f CITY OF HUTCHINSON 37 WASHINGTON AVENUE NEST, HUTCHINSON, MN 55350 (612) 587 -5151 ORDEREDr DATE: U_/x /1992 TIM& 10:26 AM BYr JOE P 2313 SO. SLYLINE DRIVE R PHONEr 693 -7172 ADD ESSr BURNSVILLE MN 55337 O P PROPERTY ADDRESSr 720 ATLANTA AVENUE S R LEGAL DESCRIPTIONr LOT 3 BLOCKr T Y PADEN YntST ADD IT ON I CITY PID NO.s 12- 116 -30-08 -0060 MCLEOD COUNTY PID NO.e 23. 316.0060 N F OWNER: STATE OF MINNESOTA IN TRUST O C/O ED IDE. MCLEOD COUNTY AUDITOR, MCLEOD COUNTY OWNER'S MAILING ADDRESSs COURTHOUSE, 830 -11TH ST. E.. GLENCOE. MN 55336 SPECIAL ASSESSMENTSr A I have caused examination to be made of the records in the Office of the Director of S Engineering as to Special Assessments against the above - described real estate, and to 3 the best of my knowledge and belief, assessments in the amount of S 36.105.77 E are charged, and as yet unpaid against the real estate. In addition, the amount S to the County Auditor for collection in 1993 is approximately S TAX FORFEIT S ,K PENDING ASSESSMENTSr (Project has been initiated by Council Resolution.) E E NO YES IF YES, DESCRIBEr x ,3 SUBDIVISION AGREEMENT: NO 1 YES UNKNOWN NOTEr The Subdivision Agreement may contain restrictions on the use of the property or Mi may contain procedures for assessing the cost of improvements against the property or I may otherwise affect your use and enjoyment of the property. If the Subdivision 8 Agreement is not of record against the property at the County, a copy can be secured C from the City at a nominal cost. jt S UNPAID BILLSr _WATER BII.Lr z NO _ YES - AMOUNT S ` A TREE REMOVALr 3_ NO YES - AMOUNT $ N WEED CUTTINGr NO � YES - AMOUNT $ 235.19 i OTHERs �_ NO YES - AMOUNT $ O Utility billings and current service charges will be computed as soon as a final reading U is requested by the property owner. 8 COMMENTS, See Comments on attached form, if applicable. D Neither the City of Hutchinson nor its employees guarantee the accuracy of the above I information. In consideration for supplying the indicated information in the form set S forth above, any claim against the City or Its employees arising from this assessment C search is hereby expressly waived. L A Also, be advised that the records of the County Auditor hould ecked for any I assessments that might be of record. H R DATEDr 12 -31 -1992 R CITY EIGI�EtR#XSSIST A T CITY ENGINEER Q PROPERTY DATA SYSTEM TA %PAYER INQUIRY :CURR 319 PROPERTY ID :NEXT 12-116-30 -OB 0060 A;; ;;;;;;;2 Mt.Adr: HOUSE-1 FRACTION STREET NAME UNIT ZIP +4 Front: Beck: 720 1/ ATL4NTA AVE 55350+ .Right: Left•• 1'1.vnerI: STATE OP MN IN TPIIST Own erz: ' C'wn Cwre r4 : :J ^ 'C7: P'ri p: 5 ?C: Yr -b!t: :)n: ii Area: r, .__.. d.i' '.;she., nr. ,. _sjE•. Su:•r +: -. On Wig: the 'L Qptn: .,..., ;, .,..,.. .. ;.�. M4'-2• ..,t,ci�.,,,,MF: _Mj ,F. ,MF. r, -Tnt' T. CaF.t•: i, Y.,�v •FT'r«_nvn T. La.y51 LC' . ELOC - A ,FN FiPST A[![) :Type PI[) :,r A:)DRE c pre5s ENTER- .;r 51 .. - AL A'---- L ?c'aT ':EARCF+ SUMMARY ?RnPEFT 11.- 115- 3'i- O�-OOSO SEE C`.n'P'!ENTS /A& Ai3ESSMENT C`E':•CRIF'T. YEA:' 7M R;TE 7CTA.L ANN.PRIN. '6A-1 V: .!_ "B,i�!iT'.ER '[.LIR Fei.E iyFi :. ... =. !l fj (� d:•15.67 4:'i r^AY`?FF CC) TF :.A-__- WAT; -PMA.N 14.:1 10 . . ^. r!^ 14645, 7n .57 - 14"6•;•:.7 �. .nJ I - MC F 1•a':. 1'1 .`. - ;_., :7 1 11 �: •3 ,� nf, T F _A t:� 1 i_T , :�'._ 1QC1 ? 7 -_0nft 181 .. .'1 .. nn r. •. • A_ •: o - 11 ti; :7' c.A ^A -151 G CIIR:3. in: /4v? 1,.cfM 2tG,5 1: 'na c,I f fin -IiP Tc r.!Pi: -f_IIT TER- CI]•_c ...? 'n ] !n!ln 37nd. ?? 76 dd n T .7r; c :: 4 FA C:iRCC .... 1 : 6 . . !1 nn TC _A _7_ _ FM,:CA� _ !!W.CTCRM tQ ;2 1 S _c Cl ri add 'R 17d 57 :4 7: _.d_ ?i6G u5 TC ^F51 q, Cn Zi.51.7n ?G41 74 ♦w��ss cv: ? -i FtFn dlpQ '- - - - - -- = IIMMARY CF [,FCFRRFn n nn n nn n nn - - - - - - SHMMARY nF GI ITI IRr - n nn n ' --- - -- S!IMMA9v nR a: NF) TNr. - n nn -nn n nn n nn n nn - - - - -- alMMARv r: rinccn n An - - - - - - ClIMMA RV Cr ur:Tnav n ee55 '.'e. .€.itE�Rs °SESSMENTTCOMMENTS -nn �NrjU1dY PROPERTY ID 12- 126 -30 -OP -0060 :NEXT A;;;;;;;;;2 C O M M E N T S i9?'a WEED CUTTING - ; 31.25 1990 WEED COTIIHG — $101.44 1991 WEED C01TING — $ 57.50 1992 WEED C01TING — $ 45.00 E CITY OF HUTCHINSON TAX FORFEIT PER CITY POLICY - YEAR TAXES NOT PAID INTEREST TO BE ADDED AS POLICY FOR DEFERRED ASSESSMENT IS COMPUTED IST 10 YEARS AT NET INTEREST ON BONDS - YEARS AFTER 5% (NOT TO EXCEED PRESENT DAY COST) TAXES WERE NOT PAID IN 1986 PROPRRTY ID 12- 116 -30 -08 -0060 IF PAID BY END Of JANUARY 1993 LOT 3 BLOCK 2 1ST PADEN ADDITION 1990 DEFERRED ONGIHAL ANNUAL 1986 BALANCE 1992 TOTAL TOTAL AMT 0.431644 YEAR INT. RATE AMOUNT PAYMENT YEARS PD TO PAY 0.083333 INTEREST DUE 0.404088 1981 1.503855 1982 1.360976 1983 1.280555 103 1981 10,5% 4315.67 431.57 4 2,589.40 7.083333 1,925.87 4,515.27 3894.085 3,894.09 121 1981 7.0% 14695.7 1,469.57 4 8,817.42 7.083333 4,371.97 13,189.39 13260.12 13,189.39 122 1981 7.0% 1813.39 181.34 4 1,088.03 7.083333 539.48 1,627.52 1636.245 1,627.52 133 1981 7.0% 1738.24 173.82 4 1,042.94 7.083333 517.13 1,560.07 1568.436 1,560.07 149 1982 10.5% 3725.69 372.59 3 2,608.12 7.083333 1,939.79 4,547.91 3549.592 3,549.59 150 1982 10.5% 2065.18 206.52 3 1,445.63 7.OBJ333 1,075.18 2,520.81 1967.462 1,967.46 159 1883 9.1% 3704.37 370.44 2 2,963.50 7.063333 1,910.22 4,873.72 3794.919 3,794.92 270 1991 6.2X 714.18 71.42 0 714.18 1.083 47.95 762.13 762.13 278 1992 5.25X 3744.28 374.43 0 3,744.28 - 0.083 16.32 3,760.60 3,760.60 --- - - - -- --25,013.51 ----- - - - - -- 37,357.42 ----- - 34,105.77 - - - -- CITY OF HUTCHINSON, 37 WA.3HINGTON AVENUE WEST, HUTCHINSON, MN 55350 (612) 587 -5151 TAX FORFEIT PROPERTY - TA 'ES NOT PAID IN 1%6 PER CITY POLICY - YEAR TAXES NOT PAID, INTEREST TO BE ADDED AS POLICY FOR DEFERRED ASSESSMENTS IS COMPUTED INTEREST RATE - FIRST 10 YEARS AT NET INTEREST ON BONDS - YEARS AFTER AT 5% PROPERTY ID NUMBER: 12-11C30-011-00W) PROPERTY ADDRESS. 720 ATLANTA AVENUE PROPERTY DESCRIPTION: LOT 3, BLOCK 2, PADEN FIRST ADDITION TOTAL PRINCIPAL AND INTEREST ON ASSESSMENTS ON TAX FORFEIT PROPERTY COMPUTED THRU. JANUARY 31, 1993 DATE COMPUTED 12 -31 -1992 1986 DEFERRED PRINCIPAL ENGINEERING NEWS RECORD COST INDEX AMOUNT SPECIAL ORIGINAL INTEREST ANNUAL YEARS BALANCE 1992 TOTAL &INTEREST ENRCI ENRCI ENRCI ENRCI DUE ASSESS YEAR PRINCIPAL RATE PAYMENT PAID TO PAY 0.083 INTEREST AMOUNT RATE AMOUNT YEARLY AMOUNT & PAYABLE SA -103 1981 $4,315.67 10,50% $431.57 4 $2,589.40 7.063 $1,925.87 $4,515,27 1.5039 $6,490.14 $649.01 $3,894.09 $3,894.09 SA -121 1981 $14.695.70 7,00% $1,46957 4 $8,817.42 7.083 $4,37197 $13,189.39 1.5039 $22,100.21 $2,210.02 $13,280.12 $13,189.39 SA -122 1981 $1,813.39 7.00% $181.34 4 31,086,03 7.083 $539.48 $1,627.52 1,5039 $2,727.08 $272.71 $1,636.25 $1,827.52 SA -123 1961 $1,738.24 7.00% $17382 4 $1,042.94 7.083 $517.13 $1,580.07 1.5039 $2,614.06 $261.41 $1568.44 $1,580.07 SA -149 1982 $3,72589 10.50% $372.59 3 $2,608,12 7.083 $1,939.79 $4547.91 1.3610 $5, 070.94 $507.09 $3,549.86 $3,849.88 SA -150 1982 $2,065.18 1050% $20652 3 $1,445,63 7,083 $1,075.18 $2520.81 1,3610 $2,810.71 $28107 $1,967.50 $1,987.50 SA -159 1983 $3704.37 910% $370.44 2 $2,963.50 7.083 $1,910.22 S4,873.72 1.2806 $4,743.65 $474.37 $3,794.92 $3,794.92 SA -270 1991 $714.18 618% $71.42 0 $714.18 1.083 $47.81 $761.99 NA NA NA NA $761.99 SA -278 1992 $3744.28 5.25% $374.43 0 $3,744.28 0083 $16.38 $3,750.68 NA NA NA NA $3,760.66 $36516.90 $3,65169 $25013.51 $12,34384 $37.357.34 434,105.79 • This letter confirms our conference of this past Thursday. As you know, John Rodeberg, myself and you met to discuss the status of assessments in Paden's Addition. we have received a request from Attorney Pete Kasal, representing Mark Schantzen, for a very substantial reduction in the assessments on one of the lots so that development of the property becomes feasible. I am advised that the lot in question, Lot 3, Block 2, has approximately $36,000 in assessments and also may have soil correction problems. Lot 4 in the same block, owned by Joe Krammer, also has substantial assessments and apparently has severe soil correction problems. There is significant confusion with respect to the Schantzen property as to whether or not Schantzen received correct information regarding the status of the assessments. John Rodeberg prepared a detailed letter outlining some of the history of the assessment searches regarding this property, but in summary, it appears at least possible that Schantzen might have been cognizant of an assessment search setting forth an assessment in the amount of approximately $22,000 as opposed to the actual assessment amount. Regardless, there are a variety of problems associated with the assessments in this subdivision. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION X — �Y, ��CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION U / r ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350.2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALLIER G. BARRY ANDERSON' (612) 5877575 ,JANE VAN VALKENBURG STEVEN S. HOGE FAX 1612) 587- 4096 LAURA K. FRETLAND 5881 CEDAR LAKE ROAD DAVID A. BRUEGGEMANN RESIDENT ATTORNEY MINNEAPOLIS, MINNESOTA 55416 PAUL D. DOVE ** G. BARRY ANDERSON (612) 545 -9000 RICHARD G. McGEE FAX (612) 5451793 CATHRYN D. REHER GINA M. BRANDT 501 SOUTH FOURTH STREET BRETT D. ARNOLD PRINCETON, MINNESOTA 55371 April 7, 1995 16121 3832214 ALSO ADMITTED IN TE..A...Cw 1011n FAX 16121389 -5506 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Paden's Addition Our File No. 3188 -94262 Dear Gary: • This letter confirms our conference of this past Thursday. As you know, John Rodeberg, myself and you met to discuss the status of assessments in Paden's Addition. we have received a request from Attorney Pete Kasal, representing Mark Schantzen, for a very substantial reduction in the assessments on one of the lots so that development of the property becomes feasible. I am advised that the lot in question, Lot 3, Block 2, has approximately $36,000 in assessments and also may have soil correction problems. Lot 4 in the same block, owned by Joe Krammer, also has substantial assessments and apparently has severe soil correction problems. There is significant confusion with respect to the Schantzen property as to whether or not Schantzen received correct information regarding the status of the assessments. John Rodeberg prepared a detailed letter outlining some of the history of the assessment searches regarding this property, but in summary, it appears at least possible that Schantzen might have been cognizant of an assessment search setting forth an assessment in the amount of approximately $22,000 as opposed to the actual assessment amount. Regardless, there are a variety of problems associated with the assessments in this subdivision. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION X — �Y, ��CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION U / r Mr. Gary D. Plotz April 7, 1995 Page 2 My suggestion is that the City acquire these two lots, if it can be done on an extremely economical basis. I have reason to believe that the Schantzen property could probably be acquired for something in the neighborhood of $1500 and I would presume that a similar amount could be offered to Mr. Krammer for his property. Before making the offer, we would want to review the status of title with respect to these property, particularly since there is at least some indication that the FGIC may have a claim to all or a portion of the subject property. However, this would allow the City to use the Krammer property as a wetlands area and perhaps, at some point in the hypothetical distant future, the Schantzen property could be developed. Once we acquire the property, the issue of assessments largely disappears. We might also want to consider acquiring the Daggett property which suffers from some of the same circumstances. That property is a metes and bounds described parcel of Lot 4, Block 3 and is adjacent to the Word of Life real estate. It is my understanding that this item is going to be placed on the City Council agenda next Tuesday evening for discussion. If I can provide any additional information, please do not hesitate to contact me. Thank you. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm 0 0 LJ u DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE — RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO ADMITTED IN TES.s AND NEw YDRK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 567 -7575 FAX (612) 587-4096 RE51DENT ATTORNEY G. BARRY ANDERSON May 19, 1995 Re: Paden's Addition Assessment Issue Our File No. 3188 -94262 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (61 2) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)389 -2214 FAX 16121 309 -5506 I believe I corresponded with you on this matter a few weeks ago. As you may recall, John Rodeberg and I had a meeting with Pete Kasal regarding assessment problems in Paden's Addition. I would like to have this matter placed on the agenda for the next regularly scheduled City Council meeting as I believe we do owe Mr. Kasal a response to his request. He has pointed out that the present level assessments, plus soil correction costs, makes the property that he purchased virtually undevelopable. He also has some issues relating to the matter in which certain assessment searches were handled. As I see it, it appears that the Council has three choices. First, the Council can choose to do nothing, leaving the present assessments in place with interest continuing to accrue. In the near term, under this scenario, it is unlikely the property will develop. Second, the Council can engage in a land write down program to reduce the assessments to a level more consistent with the value of the property and the expense of constructing buildings on the property. As you may recall, significant soil problems are present with respect to many of the lots. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ,� r 1 Mr. Gary D. Plotz May 19, 1995 Page 2 The third possibility is to have the City make a one time, non negotiable, offer to purchase the property. In the case of the property in which Mr. Kasal has an interest, the offer would likely be in the $2,000 range which is just slightly more than the investment made by Mr. Kasal and his partner. The upside of this proposal is that the City would control development of the site. The downside is that the City would probably need to extend similar offers to other property owners in the interests of fairness. I believe John Rodeberg can furnish you with additional information regarding the status of assessments against the various lots and some of the history of this whole transaction. Since Mr. Kasal has been patiently waiting for the City to decide, even if the decision is to do nothing, I would like to have this matter considered at the May 23rd City Council meeting. Thank you for your attention to these matters. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm • 0 0 0 C June 8, 1995 ' �I SUBJECT: BOND SALE FOR 1995 Bids for the bonds for the improvement projects 1995 and the tri- agency facility will be opened Monday afternoon. We will have bid tabs and the resolutions to approve the sale of these bonds for the Monday evening meeting. Cin Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fart612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 612) 587-2975 Fax (612) 234 -422 40 - Prinred nn r,, w led puper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -64'7 dr ESTIK&TE: $1,781,079 5.619L BID SUMMARY SHEET • $4,185,000 General Obligaton Improvement Bonds, Series 1995A City of Hutchinson, Minnesota SALE: June 12, 1995 BID OPENING: 3:00 p.m. Central • Account Manager: CRONIN & COMPANY, INC. SMITH BARNEY, INC. Account Members: Net Interest Cost: $1,642,056.92 Net Interest Rate: 5.2058 Bid Ranking: 4 Account Manager: DAIN BOSWORTH. INC. Account Members: Net Interest Cost: $1,633,008.12 Net Interest Rate: 5.1750 Bid Ranking: 2 Account Manager: FBS INVESTMENT SERVICES, INC. Account Members: Dougherty, Dawkins, Strand & Bigelow, Inc. Juran & Moody, Inc. American Bank National Association John G. Kinnard & Company Net Interest Cost: $1, 618, 235.83 Net Interest Rate: 5.128 Bid Ranking: I EHLERS AND ASSOCIATES, INC. /i , Account Manager: FIRSTAR BANK MILWAUKEE, NA. . Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: Account Manager: HARRIS TRUST AND SAVINGS BANK Account Members: Boatmen's National Bank of St. Louis Firstar Bank Milwaukee, N.A. Josephthal, Lyon & Ross, Inc. Southwest. Securities Inc. Net Interest Cost: PASS Net Interest Rate: Bid Ranking: 11 Account Manager: WILLIAM R. HOUGH & CO. RAYMOND JAMES & ASSOCIATES, INC. NIKE SECURITIES L.P. Account Members: Net Interest Cost: $1, 634, 789. 17 Net Interest Rate: 5. 1835 Bid Ranking: 3 Account Manager. KEMPER SECURITIES, INC. Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: • SERIES 1995A • Account Manager. NORWEST INVESTMENT SERVICES, INC. PIPER JAFFRAY INC. Account Members: Miller & Schroeder Financial, Inc. Peterson Financial Corp. Net Interest Cost: PASS Net Interest Rate: Bid Ranking: Account Manager. PRUDENTIAL SECURITIES, INC. DEAN WITTER REYNOLDS, INC. ABN AMRO SECURITIES (USA) INC Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: • Account Manager: Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: Account Manager. Account Member$: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: • • • • ESTIKATE: $855,434 BID SUMMARY SHEET 5.892 $1,500,000 General Obligaton Bonds, Series 1995B City of Hutchinson, Minnesota SALE: June 12, 1995 BID OPENING: 3:00 p.m. Central Account Manager: CRONIN & COMPANY, INC. SMITH BARNEY, INC. Account Members: Net Interest Cost: $795,349.87 Net Interest Rate: 5.5023 Bid Ranking: 1 Account Manager: DAIN BOSWORTH, INC. Account Members: Net Interest Cost: $796.817. 13 Net Interest Rate: 5.5131 Bid Ranking: 2 Account Manager: FBS INVESTMENT SERVICES, INC. Account Members: Dougherty, Dawkins, Strand & Bigelow, Inc. Juran & Moody, Inc. American Bank National Association John G. Kinnard & Company Net Interest Cost: PASS Net Interest Rate: EHLERS AND ASSOCIATES, INC. Bid Ranking: ?A< <>> Account Manager: FIRSTAR BANK MILWAUKEE, NA. Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: Account Manager: HARRIS TRUST AND SAVINGS BANK Account Members: Boatmen's National Bank of St. Louis Firstar Bank Milwaukee, N.A. Josephthal, Lyon & Ross, Inc. Southwest Securities Inc. Net Interest Cost: PASS Net Interest Rate: Bid Ranking: Account Manager: WILLIAM R. HOUGH & CO. RAYMOND JAMES & ASSOCIATES, INC. NIKE SECURITIES L.P. Account Members: Net Interest Cost. PASS Net Interest Rate: Account Manager. KEMPER SECURITIES, INC. Account Members: Bid Ranking: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: 0 r1 U • SERIES 1995B • Account Manager: NORWEST INVESTMENT SERVICES, INC. PIPER JAFFRAY INC. Account Members: Miller & Schroeder Financial, Inc. Peterson Financial Corp. Net Interest Cost: PASS Net Interest Rate: Bid Ranking: Account Manager Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: • Account Manager. Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: Account Manager. Account Members: Net Interest Cost: PASS Net Interest Rate: Bid Ranking: • • Pw"3316N..L t.1YI"D LIA TUTY PAQ ZN HIP NEW YORK PILLSBURY CENTER SOUTH WASHINGTON, D. C. 220 SOUTH SIXTH STREET DENVER MINNEAPOLIS, MINNESOTA 66402 -1488 ORANGE COUNTY, CA (612) 340 -2600 LONDON PAX (416) O 2B BRUSSELS HONG KONG F-1 L C, J Mr. Kenneth Merrill City of Hutchinson 111 Hassan Street Hutchinson, MN 55350 DoxsEY & WHITNEY Pw"3316N..L t.1YI"D LIA TUTY PAQ ZN HIP PILLSBURY CENTER SOUTH SEATTLE 220 SOUTH SIXTH STREET ROCHESTER, MN MINNEAPOLIS, MINNESOTA 66402 -1488 (612) 340 -2600 BILLINGS PAX (416) O 2B GREAT FALLS' MISSOULA JEROMB P. OIILGAN DES MOINES (612) 940-288'd PARGO June 8, 1995 Re: General Obligation Improvement Bonds, Series 1995A General Obligation Bonds, Series 1995B City of Hutchinson, Minnesota Dear Ken: RECEIVED LIN if95 CITY OF HUTCHINSON Enclosed for consideration by the City Council at Monday's meeting is a copy of the resolutions awarding the sale and setting forth the terms, conditions and security for the Bonds referred to above. The resolutions contain various blanks which will be completed once the sale details have been determined. Should you have any questions or comments, please give me a call. JPG:cmn Enclosures CC. Steve Apfelbacher Yours truly, �rO e P. Gillig q' • CERTIFICATION OF MINUTES RELATING TO $4,185,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1995A Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on June 12, 1995, at 6:00 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 20 RESOLUTION NO. 10494 RESOLUTION RELATING TO $4,185,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1995A; AUTHORIZING THE • ISSUANCE, AWARDING THE SALE, FLYING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this _ day of 1995. . Gary D. Plotz (SEAL) City Administrator q— A The City Administrator reported that proposals had been • received by the City prior to 3:00 P.M., Central Daylight Time today for the purchase of the Bonds in accordance with the Terms and Conditions of Sale for the $4,185,000 General Obligation Improvement Bonds, Series 1995A of the City as previously approved by a resolution of the City Council. The bids have been read and tabulated, and the terms of each have been determined to be as follows: Total Interest Bid for Interest Cost -Net Average Dame of Bidder Principal Rates Rate • E • Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 10494 RESOLUTION RELATING TO $4,185,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered various local improvement projects designated as Project Nos. • (the Improvements), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429. The present estimated total cost of the Improvements is as follows: Project Costs .. ...........................:... $3,982,985 Discount .... ............................... 50,220 Cost of Issuance ............................. 24,455 Capitalized Interest .......................... 160.076 Subtotal ..... ............................... 4,217,736 Less: Interest Earnings ....................... 32.736 TOTAL ............................... 000 This Council has previously determined to issue and sell $4,185,000 principal amount of General Obligation Improvement Bonds, Series 1995A, of the City (the Bonds) to defray the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $38,170 representing interest as provided in • Minnesota Statutes, Section 475.56. 1.02. Sale of Bonds. The City has retained Ehlers and Associates, Inc., • an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of (the Purchaser), to purchase the Bonds at a price of $ the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds. All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. 1.04. Maturities. This Council finds and determines that the • maturities of the Bonds, as set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments and ad valorem taxes to be levied for the cost of the Improvements. 1.05. Consolidation of Improvements. Pursuant to Minnesota Statutes, Section 435.56, the Improvements are hereby consolidated and joined as one project. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: -2- • • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1995A Date of Rate Maturity Original Issue CUSIP June 1, 1995 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS • THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above computed on the basis of a 360 -day year consisting of twelve 30-day months, payable on February 1 and August 1 in each year, commencing February 1, 1996, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subjecf to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the office of the City Finance Director, in Hutchinson, Minnesota, as Registrar, Transfer Agent and Paying,Agent (the 'Bond Registrar "), or its successor designated under the Resolution described herein, the principal hereof, are payable in lawful money of the United States of America by check or draft of the City or the Bond Registrar if a successor to the City Finance Director as Bond Registrar has been designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $4,185,000 (the 'Bonds "), all of like date and tenor except as to serial number, interest • rate, redemption privilege and maturity date, issued pursuant to a resolution -3- adopted by the City Council on June 12, 1995 (the 'Resolution ") to pay the cost of • construction of local improvements in the City (the "Improvements "), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 1995 Improvement Bond Fund (the "Fund ") of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 1997 through 2001 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2002 through 2007 are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2001 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. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the • redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. -4- • • The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the Improvements and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory . limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WTTNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. Date of Authentication: City Administrator E -5- Mayor CERTIFICATE OF AUTHENTICATION • This is one of the Bonds delivered pursuant to the Resolution mentioned within. City Finance Director, as Bond Registrar The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM -- as tenants UNIF TRANS MIN ACT.......... Custodian .......... in common (Cult) (Minor) TEN ENT -- as tenants by the entireties under Uniform Transfers to JT TEN — as joint tenants Minors with right of survivorship and Act .................... ............................... not as tenants in (State) common Additional abbreviations may also be used. P -6- • . ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Signature(s) must be guaranteed by an • "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. NOTICE: This signature(s) to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds, Series 1995A" and shall be payable primarily from the 1995 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, . shall mature on February 1 in the years and amounts set forth below, and Bonds -7- maturing in such years and amounts shall bear interest from date of issue 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 Ike 1997 $ 75,000 2003 $420,000 1998 260,000 2004 445,000 1999 345,000 2005 475,000 2000 360,000 2006 500,000 2001 380,000 2007 525,000 2002 400,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Dat • Interest Payment hates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1996, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30- • day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of -8- • • any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar • may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond • was lost, stolen or destroyed, and of the ownership thereof, and upon -9- furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the • Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints the City Finance Director, as the initial Registrar. In the event that the City determines to discontinue the book entry-only system for the Bonds as described in paragraph (c) of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue providing its services with respect to the Bonds and a new securities depository is not appointed for the Bonds, the City will designate a suitable bank or trust company to act as successor Registrar if the City Finance Director is then acting as Registrar. 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. Bonds maturing in the years 1997 through 2001 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2002 through 2007 shall each be subject to redemption and prepayment, at the • option of the City, in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2001 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. At least thirty days prior to the date set for redemption of any Bond, the City Administrator shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bohd not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. In addition to the notice prescribed by the preceding paragraph, the City shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by certified mail or 10- • • telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; Pacific Securities Depository Trust Company, of San Francisco, California; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive, upon surrender of such Bond to the Registrar, one or more new Bonds of such same series in authorized denominations equal in principal amount to the unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature shall nevertheless be valid and sufficient for all • purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of the Registrar, or in the event the City Finance Director is no longer acting as Registrar, an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase pricq. • 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. -11- "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any . successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City and the Registrar to DTC with respect to the Bonds, substantially in the form presented to this Council and ordered placed on file in the office of the City Administrator. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected • by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has -12- • • determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. • (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 1925 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "1995 Improvement Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the • Improvements until completion and payment of all costs of the Improvements. -13- The Construction Fund shall be used solely to defray expenses of the Improvements, • including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds set forth in Section 7 hereof. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 1995 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate and special bookkeeping fund designated "1995 Improvement Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, (c) all income derived from the investment of amounts on hand in the Bond Fund, and (d) all such other moneys as shall be received and • appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. There are hereby established'two accounts in the Bond Fund, designated as the 'Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one - twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance -14- • • Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5 %) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20 %) of the cost of the Improvements. In the event that any is such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the principal amount of $ payable in not more than installments, the first installment to be collectible with taxes during the year 199_, and that deferred installments shall bear interest at the rate of percent (_ %) per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 0 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City, a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: -15- Levy Collection • Year Year Amount 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 The foregoing tax levies are such that if collected in full they will produce at least five percent (5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledges. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the taxes and special assessments levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5 %) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, acid such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to p' ay. when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of.the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. -16- • Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Registration, Certification of Proceedings. Investment o Moneys. Arbitrage and Official Statement. 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney P.L.L.P., Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore fumjshed, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause. the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on -17- the Bonds will not become subject to taxation under such Code and Regulations. • The Improvements and any other improvements financed pursuant to Section 4.01 will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non - governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 6.04. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for the exception from the rebate requirement under Section 148(f)(4)(B) of the Code and no "gross proceeds" of the Bonds (other than amounts constituting a 'bona fide debt service fund ") arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the City Finance Director is hereby authorized and directed to execute a Rebate Certificate setting forth the undertakings of the City to comply with the foregoing requirements, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 6.05. Arbitrage Certification. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148- 2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the'meaning of said Code and Regulations. 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax- exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 1995 it does not reasonable expect to issue tax - exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000- 6.07. Official Statement. The Official Statement relating to the Bonds, dated June 2, 1995, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. The officers of the City are hereby authorized -18- 0 and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Authorization of Payment of Certain Costs of Issuance of th Bonds. The City Finance Director is hereby authorized and directed on the date of issuance and delivery of the Bonds to pay from the proceeds of the sale of the Bonds, deposited in the Construction Fund the fees and expenses of the following persons incurred in connection with the issuance of the Bonds up to the maximum amount set forth opposite the name of such person upon receipt by the City of a satisfactory statement therefor: ronk- Ehlers & Associates, Inc. Minneapolis, Minnesota Moody's Investors Service, Inc. Service Performed Financial Consultant Rating of Bonds Maximum Amount 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 is be necessary in connection with the payment of such fees and expenses of issuance of the Bonds. Attest: 0 City Administrator -19- Mayor The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. • -20- • • CERTIFICATION OF MINUTES RELATING TO $1,500,000 GENERAL OBLIGATION BONDS, SERIES 1995B Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on June 12, 1995, at 6:00 o'clock p.m., in the Council Chambers in the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 19 RESOLUTION NO. io495 RESOLUTION RELATING TO $1,500,000 GENERAL OBLIGATION BONDS, SERIES 199513; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, • FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a m&ting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. • (SEAL) WITNESS my hand officially as such recording officer this _ day of 1995. Gary D. Plotz City Administrator �—X i The City Administrator reported that proposals had been received by the City prior to 3:00 o'clock p.m., Central Daylight Time today for the purchase of the Bonds in accordance with the Terms of Proposal for the sale of the $1,500,000 General Obligation Bonds, Series 1995B of the City as previously approved by a resolution of the City Council. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Total Interest Bid for Interest Cost -True Interest Principal Rates Cost u C� 40 • Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 10495 RESOLUTION RELATING TO $1,500,000 GENERAL OBLIGATION BONDS, SERIES 1995B; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Authorization. This Council has previously determined to issue • and sell $1,500,000 principal amount of General Obligation Bonds, Series 1995B, of the City (the Bonds) to defray the expense incurred and estimated to be incurred by the City to construct a vehicle maintenance facility to be used by the City, McLeod County and the Minnesota Department of Transportation, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $22,421 representing interest as provided in Minnesota Statutes, Section 475.56. Issuance of the Bonds was authorized by Minnesota Law 1994, Chapter 522. 1.02. Sale of Bonds. The City has retained Ehlers and Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Teums of Proposal for the sale of the Bonds, proposals for the purchase of the 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 Bonds at a price of $ . the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract • on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds. All acts, conditions and things required by the S Constitution and laws of the State of Minnesota and City Charter to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: • -2- • • UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON GENERAL OBLIGATION BOND, SERIES 1995E Date of Rate Maturity Original Issue CUSIP June 1, 1995 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS • THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original issue specified above at the annual rate specified above computed on the basis of a 360 -day year consisting of twelve 30 -day months, payable on February 1 and August 1 in each year, commencing February 1, 1996, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the office of the City Finance Director, in Hutchinson, Minnesota, as Registrar, Transfer Agent and Paying Agent (the 'Bond Registrar "), or its successor designated under the Resolution described herein, the principal hereof, are payable in lawful money of the United States of America by check or draft of the City or the Bond Registrar if a successor to the City Finance Director as Bond Registrar has been designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $1,500,000 (the 'Bonds "), all of like date and tenor except as to serial number, interest • rate, redemption privilege and maturity date, issued pursuant to a resolution -3- adopted by the City Council on June 12, 1995 (the 'Resolution "), and is issued . pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475 and Minnesota Law 1994, Chapter 522. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 1997 through 2003 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2004 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in inverse order of maturities and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2003 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. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the • redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other -4- • • purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and City Charter to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due; that, additional ad valorem taxes if needed to meet the principal and interest requirements of the Bonds, shall be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. Date of Authentication: City Administrator L� -5- Mayor CERTIFICATE OF AUTHENTICATION • This is one of the Bonds delivered pursuant to the Resolution mentioned within. mz City Finance Director, as Bond Registrar The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM — as tenants in common TEN ENT — as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT.......... Custodian .......... (Cult) (Minor) under Uniform Transfers to Minors Act.................... ............................... (State) Additional abbreviations may also be used. -6- • • ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: L / 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 Medation Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. NOTICE: The signature(s) to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. 3.01. Maturities. Interest Rates. Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Bonds, Series 199513". The Bonds shall bear a date of original issue of June 1, 1995, shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of original issue until paid or duly called for redemption at the rates per annum • shown opposite such years and amounts as follows: -7- Year Amoun Rate Year Amount Rag • 1997 $ 65,000 2005 $100,000 1998 70,000 2006 110,000 1999 75,000 2007 115,000 2000 80,000 2008 120,000 2001 85,000 2009 130,000 2002 85,000 2010 135,000 2003 90,000 2011 145,000 2004 95,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Dates; Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1996, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30- day months and will be rounded pursuant to the rules of the Municipal Securities • Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of -8- • • any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (0 Persons Deemed Owners. The City and the Registrar • may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon 0 furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the . Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints the City Finance Director, as the initial Registrar. In the event that the City determines to discontinue the book entry-only system for the Bonds as described in paragraph (c) of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue providing its services with respect to the Bonds and a new securities depository is not appointed for the Bonds, the City will designate a suitable bank or trust company to act as successor Registrar if the City Finance Director is then acting as Registrar. 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. Bonds maturing in the years 1996 through 2003 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2004 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 inverse order of maturities and, a within any maturity, in $5,000 principal mounts selected by the Registrar by lot, on February 1, 2003 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. At least thirty days prior to the date set for redemption of any Bond, the City Clerk - Treasurer shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. In addition to the notice prescribed by the preceding paragraph, the City shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by certified mail or -10- 40 • telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Midwest Securities Trust Company, of Chicago, Illinois; Pacific Securities Depository Trust Company, of San Francisco, California; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive, upon surrender of such Bond to the Registrar, one or more new Bonds of such same series in authorized denominations equal in principal amount to the unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery • of any Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of the Registrar, or in the event the qty Finance Director is no longer acting as Registrar, an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase prick. 11 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. -11- "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any • successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City and the Registrar to DTC with respect to the Bonds, substantially in the form presented to this Council and ordered placed on file in the office of the City Administrator. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected • by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the J3onds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has -12- • • determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. • (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 1995 Improvement Construction Fund. There is hereby created on the books and records of the City a special bookkeeping fund to be designated as the "1995 Improvement Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund $1,477,579 from the proceeds of the sale of the Bonds. The Construction Fund shall be used solely to defray expenses of the projects authorized • -13- to be financed with the proceeds of the Bonds. Upon completion and payment of all • costs of the projects to be financed with the proceeds of the Bonds, any balance of the proceeds of Bonds remaining in the Construction Fund shall be credited and paid to the Bond Fund established by Section 4.02 hereof or used for any other purpose authorized by law. 4.02. 1995 Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall on the books and records of the City maintain a separate and special bookkeeping fund designated "1995 Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other Bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) all proceeds received by the City upon the sale of the Bonds in excess of $1,477,579, (b) all taxes levied in accordance with this resolution, (c) all income derived from the investment of amounts on hand in the Bond Fund, and (d) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory • tax limitation. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one - twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 4.03. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of -14- • • and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: Levy Collection Year Year Amount 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 • 2008 2009 2009 2010 The foregoing tax levies are such that if collected in full they will produce at least five percent (5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. Yon October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes theretofore levied for the payment of the Bonds collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.03, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. -15- Section 5. Defeasance. When all of the Bonds have been discharged as , provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. ReglAration. Certfication of Proceedings, Investment of Moneys. • and Official Statement. 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod • County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney P.L.L.P., Bond Counsel, certified copies of all proceedings and recotds of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and 01 such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be takgn by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and -16- • • covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The facility to be financed with the Bonds will be owned, operated and maintained by one or more governmental entity. The City shall not enter into any lease, use or other agreement with any non - governmental person relating to the use of such facility or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 6.04. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for the exception from the rebate requirement under Section 148(f)(4)(C) of the Code and no "gross proceeds" of the Bonds (other than amounts constituting a 'bona fide debt service fund ") arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the City Finance Director is hereby authorized and directed to execute a Rebate Certificate, in the form prescribed by Bond Counsel, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with • the provisions thereof. 6.05. Arbitrage Certification. The Mayor and City Finance Director, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized-and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148- 2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax —exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 1995 it does not reasonably expect to issue tax —exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, dated June 2, 1995, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. Ehlers and Associates, Inc., is hereby authorized -17- of behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, other information relating to the 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. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Authorization of Payment of Certain Costs of Issuance of th e Bonds. The City Finance Director is hereby authorized and directed on the date of issuance and delivery of the Bonds to pay from the proceeds of the sale of the Bonds, deposited in the Construction Fund the fees and expenses of the following persons incurred in connection with the issuance of the Bonds up to the maximum amount set forth opposite the name of such person upon receipt by the City of a satisfactory statement therefor: F[i Ehlers and Associates, Inc. Minneapolis, Minnesota Moody's Investors Service, Inc. Service Performed Financial Consultant Rating of Bonds 0 , 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 paymetlt of such fees and expenses of issuance of the Bonds. Attest: City Administrator ffn Mayor 10 • 0 ! The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. -19- 0 0 0 :• I I ::11 1lllllllllllllllllllilllliilllllilillllllll liliilllllillllllllllllnlnl ,.. 1111111111111111111 ■ ■■ ■■! ■ ■ ■■ ■ ■ ■!! ■ ■ ■ ■ ■ ■ ■. ■,IVY V1111111111111111111111n1 .. IIIIIIIn1111111ii11 Prepared by Ehlers and Associates 6/12/95 BBI18NAO.XLC IF '"�Vllllllnllnllllni ' "1111111n11111N 1111111111u1111111111111111n11i11111i1Vv ;.: IIIIili11111111111ii111111i1111111111V _ 111111111111i1n11 IIn111111 6 — — ®v 11 ..................... ............................... ,. Illllllill — — — - .,... �— ,.. ,.- ..................... - — ,. — - .................. ........................................—.._........... ............................... - -- ... ............................... ............................... — - r,. -- :: . :.. - 2! :. . Index . ,. .: - : ... ,, », .... .. » », ......................................................................................................................................................................... ............................... . . Prepared by Ehlers and Associates 6/12/95 BBI18NAO.XLC J( �J Moody's Municipal Daily Rating Recap Hutchinson, Minnesota Rating date: June 9, 1995 Moody's rating: Boa 1 $4,185,000 General Obligation Improvement Bonds, Series 1995A $1,500,000 General Obligation Bonds, Series 1995B Sale: $5,685,000 Date of Sale: June 12 Type: Competitive Security: General obligation, unlimited tax. Use of Proceeds: Series 1995A will finance various improvements in the city; Series 1995B will fund the city's portion of a vehicle maintenance facility. Last Rating change: August 1990: Ato Baal Update of related ratings: Hutchinson, Minnesota •Moody's rating: Baal General Obligation Hospital Revenue Bonds CJ Credit Comment: Key factors supporting the confir- mation of the Baa I rating on the general obligation bonds of this central Nhnnesota city are as follows: ■ Unaudited fiscal year 1994 results of the city-owned hospital show an improvement in net income, with revenues rising at twice the rate of expenditures, providing ample coverage of debt service on the siza- ble amount of outstanding city general obligation hos- pital/revenue bonds. In the prior year, net revenues were inadequate to cover debt service resulting in a draw on the hospital's cash reserves. Financial per- formance for the hospital in fiscal year 1995 is antici- pated to be similar to fiscal 1994 results. The hospital's small size and area competition are long -tern credit concerns; however, the hospital intends to continue to pay this debt from its own sources. At the present time, we are also confirming the Boa I rating on Hutchinson's general obliga- tion/hospital revenue bonds. • A diverse local economy, includes medical, trade and service sectors. The 3 -M Company is also an impor- tant and substantial element in the employment and tax base. Moderate tax base growth has been a favorable trend of this city of nearly 12,000 inhabi- tants. The city's socioeconomic profile is somewhat below that of the state in general. • Although the city's debt burden and debt per capita are well above the medians for similarly sized cities, debt load appears manageable, given the support for most of the city's general obligation debt from hospi- tal and utility enterprise revenues, special assess- ments, and tax increments. Additionally, the city plans to issue $2.0 million general obligation bonds in 1996 for infrastructure improvements to be paid pri- marily from special assessments. ■ Satisfactory financial operations are depicted by the maintenance of a healthv General Fund balance. In unaudited fiscal 1994, a modest General Fund operat- ing surplus is anticipated due to higher than budgeted building permits and interest earnings. Year -to -date financial operations are consistent with the 1995 budget and the city projects balanced operations. analyst: Mark S. Taylor (212) 553 -1024 q, A, As of June 9, 1995 Moody's Municipal Dally Rating Recap Hutchinson, Minnesota (continued) 0 �� Copyrigln 1995 by Moody -s Imestoa Service, Inc.. 99 Church .Street. "few York. New Yosk 1000" All riglns reserved. ALL I.NFORMATIO. CONTAINED HERELN IS COPYRIGHTED IN THE NAME OF MOODY'S INVESTORS SERVICE, LNG (•`MOODY'S "). AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SLBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY PORES OR MANNER OR BY ANY MEANS WHATSOEVER BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All indomntim contained herein is obtained by MOODY'S firm sources believed by it to be accnme and reliable. Because of the PocrilriEty of Nt os mechantial error as well u other farms. however, such irifommion v provided "v io widran warranty of any kind and MOODY'S, in partiailer. unka ro repewmauon m wausnty. mpreas m implied, m to the aocmery. cmelinen, completeness. meclwmdnluy or:mess for any peraotder purpose of any such info�aon Under no amaastmas slnll MOODY'S dmve any liability to any person or entity for (a) my loss u, damage in whole or in port caused by, resulting from or relating W. son error (negligent Cr odwraise) m other cmhmnerse or cmritge c' within a outside the control of MOODY'S or any of its directors. officers, emPloym or aquas in conmecdon with de pocm i ms, collection compilation analysis. imeryteiiaron cmmnrtiatioa Publication or delivery of eery such mfoccaetion, or (b) my direct usirre;t speckd, crosegttenmal, coroperumay, or inciderld damages whm ver (ktchdbg without lkmtation let profits). even if MOODY'S u advised in advarha of the possibility of such damages. tapir$ ftvn de tree of m inaheliry w ma ary ash itd'®adm. The credit ratings. if any, wnainning pmt of the indo® coruessd herein m, acd corn be construed solely u, smemms of opntict' and cwt mumrerts a fact or rec®ederiotn to purdme, sell or hold my sectmties. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, . MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY ^S IN ANY FORM OR MANNER WHATSOEVER Each ratig or other opinion nme be weighed solely ss an factor in any unvatmmt decision made by or on behalf of any user of die infonnndon contained herein. and eecb such user norm accordingly make its own study and evshinum of each security and of each issuer and gtwaram' of. acid each Provider of credit support far. each security dot it may consider p rclasing. holding or selling. Purmant to Section 1'(b) of the Securitiea Act of 1933. MOODY'S hereby discloses that most issuers of debt smnssiea (including corporate and municipal bonds, debentures. notes aM couauer del Papa) Ord preferred stock rated by MOODY'S lava. prior to ustgumem of any rating. agreed to pay to MOODY'S for appraisal and rating mitts tendered by it fees ranging from 53.000 no S350.000. t ,s : /SS Q 212- 553 - 4000 -> 1 612 Z34 4240 !body's Inuestors Page 005 f Copyright 1995 by Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007. All rights reserved. ALL INFORMATION CONTAINED HEREIN IS COPYRIGHTED IN THE NAME OF MOODY'S INVESTORS SERVICE, INC. ( ,,MOODY'S "), AND NONE OF SUCH INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is obtained by POWY'S from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, such information is provided "as is" without warranty of any kind and MOODY'S, in particular, makes no representation or warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any such information. Under no circumstances shall MOODY'S have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstance or contingency within or outside the control of MOODY'S or any of its directors, officers, employees or agents in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential. compensatory or incidental damages whatsoever (including without limitation, lost profits), even if MOODY'S is advised in advance of the possibility of such damages, resulting from the use of or inability to use, any such information. The credit ratings, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each rating or other opinion must be weighed solely as one factor in any investment decision made by or on behalf of any user of the information contained herein, and each such user.must accordingly make its own study and evaluation of each security and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing, holding or selling. Pursuant to Section 17(b) of the Securities Act of 1933, MOODY'S hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures, notes and commercial paper) and preferred stock rated by MOODY'S have, prior to assignment of any rating, agreed to pay to MOODY'S for appraisal and rating services rendered by it fees ranging from $1,000 to $350,000. C JLLIIC 1J, 1777 M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ, HUMAN RESOURCES COORDINATOR 4V RE ANNUAL CITY APPRECIATION PICNIC The normal date for the 21st Annual City Appreciation Picnic for employees, boards and commissions (300 -plus guests) would be Wednesday, August 23 this year. Some items need to be decided about the picnic: 1 Location - the Civic Arena has been used in recent years= however, due to remodeling, it will not be available this August. Other location options would be 'Riverside Park - used in the past - rain -out could cause a problem. *Recreation Center - swimming and other adult and youth activities continue there until 9 p.m. 2 Beverages - What policy does the council want to use this year regarding serving beer and wine coolers? 3 Menu - Recently, the Pork Producers have grilled pork chops, served along with catered food. Recommendation for this year? 4 Other - Does the Council have suggestions for other changes? City Center I I Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - P"w'd i'n rrn'<led PPer - Police Services 10 Franklin Street SW 9_ Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 C, To : Mayor and Council From: Dolf Moon, Director - Parks, Recreation and Community Education Mary Haugen, Facilities and Operations Manager Date: June 2, 1995 Re: Bid award for used refrigeration equipment A bid opening was held Thursday, May 25 for the sale of the Civic Arena's used refrigeration equipment - ie. - cooling mats and compressors. The following bids were received: Redwood Area Hockey Association Redwood Falls, Minnesota $4500. Sun Blades Ice Arena Clearwater, Florida $8100. We recommend that Sun Blades Ice Arena be awarded the bid in the amount of $8100. The buyer has until July 28th to pick up the equipment. The compressor package has already been moved away from the site so that the arena contractor can begin his work. City Center !!! Hassan Street SE utchinson, MN 55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(012)234 -4240 — Y - P,mled nn reryrled Myrer - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 7. In submitting this bid, it is understood that the City retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the bid to the best interests of the City. 8. It is understood that the bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids, It is understood that the City reserves the right to retain the certified check or bid bond of the three highest bidders for a period not to exceed 45 days after the date set for the opening of bids. We, the buyer agree to the conditions as described above. We propose to purchase the used refrigeration equipment from the City of Hutchinson for the following amount: I► • 0 Total Amount Bid EGA /Tr�•��e ✓O �NC/ yv�r Jie � Di��rfi� S�A1+0. 4 A AilE,�1,g- Name (ComDany or Individual) Signed 1 ubja ICC1t enL R�tnRO Ruthda. C.enlr2 (813)5*%0 welc. tL 34620 - 1 Title _ /GKA�20 �/�S /4ELr/1K/ Printed Name of Signer L_ �� L BID PROPOSAL OFFER TO PURCHASE CIVIC ARENA USED REFRIGERATION EQUIPMENT • OPENING DAY AND TWE - THURSDAY, MAY 25TH, 1995 2:00 P.M. CITY CENTER, 111 HASSAN STREET SE, HUTCHINSON, MN Honorable City Council City of Hutchinson City Center 111 Hassan Street SE Hutchinson, Minnesota 55350 Dear Council Members: The undersigned, being familiar with the used compressor package and refrigeration mats, having had the opportunity for making the field inspections and investigations deemed necessary, and being familiar with other factors and conditions such as transportation, reconnection expense, do agree to the following: 1. The equipment is purchased "as is ". The City makes no claims, warranties or guarantees as to its condition or remaining life. The buyer assumes any and all risks and any associated costs. 2. Payment must be made by cashier's or certified check payable in U.S. funds on or before July 29, 1995. The equipment shall not be removed unless and until full payment is received. 3. The equipment must be removed from the premises by the above mentioned payment date. Failure to remove by the stated date shall result in a storage fee of $200. for each week that it remains. 4. All transportation fees shall be paid by the buyer. The City agrees to assist in the loading of the refrigeration mats only. A tractor will be available to lift them on to the buyer's vehicle or trailer. 5. Upon payment in full, the equipment becomes the sole responsibility of the buyer. All liability and stewardship is transferred to the buyer including environmental protection from any spilled or leaked substances including refrigeration oil, ethylene glycol, and R -22 refrigerant. 6. A bidder's bond, certified check or cash deposit in the amount of five percent (5 %) of the amount bid needs to be included as part of this bid. The bond or check should be made payable to the City of Hutchinson and is subject to forfeiture in the event of default on the part of the bidder. • 7. In submitting this bid, it is understood that the City retains the right to reject any and all bids and to waive irreguwidea and informalities therein and to award the bid to the best interests of the (may, 8. It is understood that the bids may not be 'withdrawn for a period of 45 days after the date and time ad for the opening of bids, -It is understood that the City reserves the right to retain the certified check or bid bond of the three highest bidders for a period not to exceed 45 days tiler the date set for the opening of bids. We, the buyer agree to the conditions as described above. We propose to purchase the used refrigeration equipment from the City of Hutchinson for the following amount: // 1 WMWT41 I &Wood ,area &gam As-We Name (Company or Individual) WIM Printed Name of Signer TnTa 0 n' 0 • • LJ DAVID B. ARNOLO' STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO ADMm[o IN TEXAS AND NEw TOnn ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 887 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON June 9, 1995 Re: Lowell D. Otto Property Our File No. 3244 -95084 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX 1612) 389-3506 F;ECEWED JOIN ') 1995 CITY OF HUTCHINSON This correspondence is for the purpose of updating the Council on the status of the above referenced matter. A criminal complaint was issued against Mr. Otto relating to the care and maintenance of certain property owned by Mr. Otto located at 215 Fifth Avenue N.E., Hutchinson, Minnesota. Although our City Ordinance provides a civil method of cleaning up the property, by giving appropriate 15 days written notice and then proceeding forward with an effort to clean up the property and assessing the cost against the property owner, in discussing this matter with Lt. Schwartz, the conclusion I reached is there is some probability of a counterclaim by Otto relating to the disposition of his personal property. In other words, if we simply use a summary proceeding, without a court appearance, we run the risk of some litigation concerning the wrongful seizure of his property. However, there is another way to go forward with this matter which will reduce, although not eliminate, that possibility. I recommend that the Council adopt an Order pursuant to Chapter 463 of Minnesota Statutes which we will then serve on Mr. Otto and all lien holds associated with the property. Mr. Otto will have thirty (30) days from the date of service of the Order to clean up the property, presumably around mid July. If he does not do so, the City can simply secure an Order permitting the City to clean up the property and assess the cost against him. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 9 -D. Mr. Gary D. Plotz June 9, 1995 Page 2 I have already secured from the District Court Administrator a date for the Motion for Summary Enforcement of the Order and that date will be July 28, 1995 at 10:00 A.M. I realize that a preference has been expressed for having the property completely cleaned up by July 1, but I think a more realistic date is going to be August 1. I am advised by Lt. Schwartz that the clean up process will involve a fairly good sized City crew and perhaps a week or two of time to get the property in order. If you have any questions in connection with the foregoing, please advise. Thank you. Best regards. Very trul., ....,,, ARNOLD, G. Barry GBA:lm Enclosure P. • • 40 • TO: LOASLL D. OTTO NOTICE TO REPAIR OR REMOVE Pursuant to the authority of Minnesota Statutes Section 463.15 through 463.261, you are individually and collectively ordered to repair or remove defective and unsafe health conditions accumulating on and about 215 Fifth Avenue N.E., Hutchinson, Mn. 55350, legally described as: Said property constitutes "hazardous property" as defined by Minn. Stat. §463.15 as property, because of inadequate maintenance, abandonment, and unsanitary conditions, constitutes a hazard to and personal property presently accumulated on said property (b) removal of rats and other rodents; (c) elimination of noxious weeds and control of grass. For further information contact the Hutchinson Police Department. These improvements shall be made within thirty (30) days of the date of this Order. A Motion for Summary Enforcement of the Order will be made to the District Court of McLeod County, First Judicial District of the State of Minnesota unless corrective action is taken or an answer filed within twenty (20) days from the date of service of this notice. The cost of any corrective action taken by the City pursuant to Court Order, including costs of repair, removal or enforcement, shall be charged • against the real estate as provided by Minnesota Statute §463.21. public safety or health. Repair or removal of the hazardous conditions includes, but is not limited to (a) removal of all junk and personal property presently accumulated on said property (b) removal of rats and other rodents; (c) elimination of noxious weeds and control of grass. For further information contact the Hutchinson Police Department. These improvements shall be made within thirty (30) days of the date of this Order. A Motion for Summary Enforcement of the Order will be made to the District Court of McLeod County, First Judicial District of the State of Minnesota unless corrective action is taken or an answer filed within twenty (20) days from the date of service of this notice. The cost of any corrective action taken by the City pursuant to Court Order, including costs of repair, removal or enforcement, shall be charged • against the real estate as provided by Minnesota Statute §463.21. Adopted this 12th day of June, 1995 CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary D. Plot2 City Administrator r1 U • Hutchinson City Caner / I I I Hassan Street SE / Hutchinson, Minnesota S53S0 -2522 / Phone (612) 234 -4209 /FAX (612) 234.4240 • ENGINE ERINGREPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works DATE: June 12th, 1995 SUBJECT: Letting No. I/Project No. 96-01 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 96-01: 13th Avenue NW in Krsiean Acres a/k/a Lots 1 & 2 of Block 1 and Lots 1 through 3 of Block 2, in Krsiean Acres, hereby petition that such property be improved by construction of sanitary sewer and services, watermain and services, street restoration and appurtenances. Construction Cost • Engmoenng/Administraton Fiscal/LcgA(lnterest ESTIMATED TOTAL Assessable Cost Deferred Assessable Cost Citv Bonded City Other Funds MSA Mn/DOT ESTIMATED TOTAL • Does gl Include Trunk Asssesaments! a: Cal Riu - Enguwermg Department file: L 1/96 -01 • S65,000.00 S10,400.00 S 5,200.00 S 80,600.00 S 0.00 S 0.00 S 0.00 S 0.00 S 0.00 —2 , CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MN 55350 ENGINEER'S REPORT DATE: TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. I , Project No. ' 6 - O 1 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on the day of '19 . 6k Project No. `6� 1 $T+ qv? W4 .N ci Cv hc2 c3 by construction of and appurtenances. Construction Cost $ �7 6SooC Engineering/Administration (16 %) $ 10, s1GG Fiscal /Lepl/Capitalized Interest (8%) $ S, Z. cc ESTIMATED TOTAL S Fr- b c Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL JPR/PV S i C. Ll \J 0 • AGREEMENT OF ASSESSMENT, WAIVER OF HEARING AND WAIVER OF IRREGULARITY AND APPEAL LETTING NO. PROJECT NO. This Agreement, is made this 22nd day of Bay , 1995, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Property Owners of Lots 1 bt 2 of Block 1 and Lots 1 through 3 of Block 2 in Rrsiean Acres, hereinafter referred to as Owners. In consideration of the action of the City Council, at the owners' request, to cause the improvement of Lots 1 bt 2 of Block 1 and Lots 1 through 3 of Block 2 in Krsiean Acres by construction of sanitary sewer and services, watermain and services and appurtenances, and to assess 100% of the cost of said improvements to the Owner, the Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed S 77.000.00 , plus interest, over a period ten years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. In testimony, whereof, said Owners have hereunto set his hand, the day and year first above written Owners Signature: Legal Description: Mayor CITY OF HUTCHINSON In Presence of: City Administrator U We the above signed are requesting to have city sever and water, curb and gutter and road paved as soon as the City can work us into their schedule. Three of the five signatures now have severs that are not working correctly. We would like to have our street completed as well, when you do the sever and water. Please let us know what the City's decision is as soon as possible. Approved by above signatures. • l_7` Sharon Daniels q E 51111 Lei on reTWOM3 a 13 Q 701,55 J, J a lye 51 • : • ' . \ • :7►I S. LETTING • PROJECT Hutchinson, Minnesota Dated: 5 -22 -1995 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, the owners of real property known and described as Lots I & 2 of Block 1 and Lou I through 3 of Block 2, in Krsiean Acres, hereby petition that such property be improved by construction of sanitary sewer and services, watermain and services and appurtenances pursuant to Minnesota Statutes, Chapter 429. This petition shall be binding upon and enend to the heirs, representative, assigns and successors of the parties. • Cry►I S • : r l; � 1 1J1 • ► / I! , ! = 12t 2, Blk I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addresses of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested and against which a special assessment will be made for the entire cost of the improvement. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed To my best knowledge, the persons herein named are all the owners of properties affected by the petitioned improvement. CITY OF HUTCHINSON By: We the above signed are requesting to have city sews and road paved as soon as the City can work us into five signatures now have severs that are not working have our street completed as well, when you do the a knw what the City's decision is as soon as possible. Sharon Daniels r and water, curb and gutter their schedule. Three of the correctly. We would like to ewer and water. Please let us Approved by above signatures. z5l • r 1 Li 11 RESOLUTION NO. 10496 • RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT LETTING NO. 1 PROJECT NO. 9&01 WHEREAS, a petition requesting the improvement of Lots 1 & 2 of Block 1 and Lots 1 through 3 of Block 2, in Rrsiean Acres, hereby petition that such property be improved by construction of sanitary sewer and services, watermain and services and appurtenances, was duly presented to the Council on the 12th day of June, 1995. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Said petition is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes. Section 429.035. 2. The proposed improvement is hereby referred to the Director of Engineering and he is instructed to report to the Council with all convenient speed advising the Council m a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 12th day of June, 1995. n LJ Ciry Administrator l I Mayor RESOLUTION NO. 10497 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT • LETTING NO. 1 PROJECT NO. 9601 WHEREAS, pursuant to a resolution of the Council adopted June 126, 1995, a report has been prepared by the Director of Engineering, with reference to the improvement of 13th Avenue NW in Krsiew Acres a/k/a Lots 1 & 2 of Block 1 and Lots 1 through 3 of Block 2, in Krnean Acres, hereby petition that such property be improved by construction of sanitary sewer and services, watermain and services, street restoration and appurtenances and said report was received by the Council on June 12th, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefuted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $80,600.00. 2. The public hearing on such proposed improvements is hereby waived, as said improvement was petitioned for and hearing waived by 100% of the property owners. Adopted by the Hutchinson City Council this 12th day of June, 1995, Mayor City Administrator • • RESOLUTION NO. 10498 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 1 PROJECT NO. 9601 WHEREAS, a resolution of the City Council adopted the 12th day of June, 1995, waived public hearing on the improvement of 13th Avenue NW in Rrsiean Acres a/k/a Lots 1 8c 2 of Block 1 and Lots 1 through 3 of Block 2, in Krsiean Aces, hereby petition that such property be improved by construction of sanitary sewer and services, watermain and services, street restoration and appurtenances. NOW THEREFORE, BE rT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 126 day of June, 1995. 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 12th day of June, 1995. C� J City Adrr^ rust MOr • Mayor /'z RESOLUTION NO. 10499 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 1 PROJECT NO. 96-01 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of 13th Avenue NW in Krsiean Acres a/k/a Lots 1 & 2 of Block 1 and Lots 1 through 3 of Block 2, in Krsiean Acres, hereby petition that such property be improved by construction of sanitary sewer and services, watermain and services, street restoration and appurtenances. 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 three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 10:00 am on Friday, July 14, 1995, 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 July 25, 1995, 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 12th day of June, 1995. Mayor City Administrator 9 -'e7 J • Hutchinson City Center/ I (I Hassan Street SE / Hutchinson, Minnesota 55350 -2522 /Phone (612) 2344209 /FAX (612) 2344240 EN GIN EE RING REPORT TO: Mayor and City Council FROM: John P. Rodeberg. Director of Engineering/Public Works DATE: June 12th, 1995 SUBJECT: Letting No. 2/Project No. % -02 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable. I recommend a hearing be held on the 27th day of June. 1995 at 6:00 pm. Project No. 96-02: Arch Street from 1000' East of Michigan Street to the Railroad Tracks by construction of Storm Sewer, Grading, Gravel Base, Concrete Curb and Gutter, Bituminous Base and Wear Course, and Appurtenances. TOTAL Constntcaon Cost s0 00000 ErIg meering/Administra ton • F=&Legal/Interest S 8,000.00 S 4,000.00 ESTIMATED TOTAL 562.000.00 Assessable Cost Deferred Assessable Cost S31,000.00 - City Bonded S 0.00 City Other Funds 531,000.00 MSA S 0.00 Mn/DOT S 0.00 S 0.00 ESTIMATED TOTAL $62.000.00 ' Assumed poficy of assessment to lots in Industrial Park being paid for by City per HCDC recommendation. cc. Col Rice - Fleeting Dcportmeat tik: [2196 -02 • F PUBLICATION NO. NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO.2 • PROJECT NO. 96.01 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 800 P.M. on the 27th day of June, 1995, to consider the making of an improvement of Arch Street from 1000' East of Michigan Street to the Railroad Tracks by construction of Storm Sewer, Grading, Gravel Base, Concrete Curb and Gutter, Bituminous Base and Wear Course, and Appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the beneficed property, for which property owners shall receive mailed notice. The estmated City Cost of said improvement u S with an estimated f Assessable Cost, for the total estimated cost of f Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: June 11th, 1995. City Administrator • PLEASE NOTE IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, JL ,;E 13TH, 1995 AND THURSDAY, JUNE 22ND, 1995. • RESOLUTION NO. 10500 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 2 PROJECT NO. 9602 WHEREAS, it is proposed to improve Arch Street from 1000' East of Michigan Street to the Railroad Tracks by construction of Storm Sewer, Grading, Gravel Base, Concrete Curb and Gutter, Bituminous Base and Wear Course, and Appurtenances. WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. THAT, the proposed improvement be referred to the Director of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended Adopted by the Council this 12th day of June, 1995. • City Administrator 40 Mayor RESOLUTION NO. 10501 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT • LETTING NO. 2 PROJECT NO. 96.02 l�'7 ffREA$, pursuant to a resolution of the Council adopted June 12, 1995, a report has been prepared by the Director of Engineering, with reference to the improvement of Arch Street from 1000' East of Michigan Stree to the Railroad Trade by construction of Storm Sewer, Grading, Gravel Base, Concrete Curb and Gutter, Bituminous Base and Wear Course, and Appurtenances. Said report was received by the Council on June 12th, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $62,000.00. 2. A public hearing shall be held on such proposed improvements on the 27rh das of June, 1995, in the Council Chambers of the Hutchinson City Center at 6:00 PM., and the Clerk shall give mailed and published notice of such hearing and improvements as requ red by law. Adopted by the Hutchinson City Council this 12th day of June, 1995. Mayor City Administrator • 0 • • 0 DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON" STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL O. DOVE ** RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO no MITTCO IH rz.AS AND NEw TOR. ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587- 75 75 FAX (612) 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON June 9, 1995 Re: Solitra USA Our File No. 3244 -95083 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENSURG SSBI CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (6121545 -9000 FAX IS 12) 545 -1793 501 SOUTH FOURTH STP.EET PRINCETON, MINNESOTA 55371 (6121389-2214 FAX (612) 389 -5506 RECEIVED '1, CITY OF HUTCHINSON I spoke with Bill Brody, the attorney representing the Daggett Estate. I believe we have several minor matters to attend to. First, Mr. Brody would like to receive a copy of the standard assessment search provided by the City of Hutchinson reflecting that the assessments on this property have been relieved. Please send the assessment search to my attention and I will forward it to him. It should reflect zero assessments. Second, the Daggett family, after consulting with the law firm of Fredrickson & Byron, would like an indemnity agreement fr_rom ±hP City relative to any environmental claims associated with the property, they should not also be donating potential liability. As far as I know, the ground has never been anything other than agricultural and the request for the indemnity agreement is I would ask that this be placed on the City Council agenda for action at the next regularly scheduled City Council meeting, so that delay can be avoided. Lastly, counsel for the Daggett family will need the legal description for the property and there seems to be some confusion about where the abstract for the property is. My recollection is that Dick had spoken with Bud prior to his death about this issue and perhaps he can shed some light on this question. At some point, the abstract will be required any way. Perhaps Dick or someone from his staff could track down the mystery of the missing abstract. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION —L /♦ —CERTIFIED AS A REAL PROPERTY LAW SPECIALIST 81 THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary Plotz June 9, 1995 Page 2 If you have any additional questions in connection with the foregoing, please advise. Thank you. Best regards. Very truly yours, OLD, AN ERSON & DOVE, P.L.L.P. ,� e G. Barr kndersbrf GBA:lm CC Dick Lennes 9 do 0 ORDINANCE NO. 95• -152, 2ND SERIES • PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE BALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE TO HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. The City Council for the City of Hutchinson, Minnesota, hereby authorizes the sale, transfer and disposition of certain real estate owned by the City of Hutchinson, to the Hutchinson Community Development Corporation (HCDC), a Minnesota non profit corporation, legally described as follows: Lot Eight (8) , Block one (1) , First Addition in the Hutchinson Industrial District, McLeod County, Minnesota. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption • and publication. Adopted by the City Council this _ day of June, 1995. Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader: First reading: June 12, 1995 Second reading: June 27, 1995 r1 LJ r� LJ hutchinson community hospital burns manor nursing home 1095 Highway 15 South • Hutchinson, MN 55350 • 612/234 -5000 An Equal opportunity Employer June 2, 1995 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 111 Hassan St. S. Hutchinson, MN 55350 REcaVED JUN 1 21995 CITY OF HUTCHINSON Dear Mayor Torgerson and City Council Members: The board of directors of Hutchinson Community HospitaUBums Manor Nursing Home, as part of their regular meeting on May 23, considered a request for purchase of Emergency Room cardiac monitors to add to our existing oring system. The addition of these monitors will allow our Emergency Services Critical Care Unit (CCU) monit physicians to administer life - saving thrombolytic drugs to cardiac patients within minutes of their arrival at the Emergency Room (ER), rather than needing to wait until these patients can be moved to the CCU for monitored drug • administration. Other trauma patients will benefit, as well. Because the monitors would be an addition to our existing system, the usual bidding process was not followed. HCH/BMNH staff obtained a quotation of $55,000 from the manufacturer of our CCU monitors (SpaceLab) to assure compatibility of the monitors and eliminate the need to purchase an entire replacement system for the CCU and ER. We are pleased to relay that funding for the equipment has been acquired. Because the need for this equipment was not apparent earlier and, therefore, not included in our capital equipment budget we took this request to the Hutchinson Community Hospital Auxiliary at their May 10 meeting. In an overwhelming illustration of this group's generosity, full funding for the equipment was approved by the Auxiliary. The following reflects governing board action taken on May 23: «x r 'tnrin¢ Enuinment >' The board members welcomed Dori Johnson, president of the Hutchinson Community Hospital Auxiliary, and Dr. George Gordon, emergency medical director to the meeting. Dr. Gordon presented a request to purchase monitoring equipment for the emergency room at a quoted cost of approximately $55,000. Johnson relayed the Auxiliary's decision to donated funds for purchase of the equipment. She noted that $37,000 was originally requested by Dr. Gordon to outfit one ER bay with the monitors; however, after learning of the benefit to patients, the group offered to provide an additional $18,000 to outfit a second bay, as well. `Board members thanked Johnson for the Auxiliary's donation and recognized the outstanding continued olun support evident through their work. Management staff added their appreciation for the Auxiliary' • of the organization. /o -,A Mayor Marlin Torgerson and City Council Members June 2, 1995 Page Two "Following discussion: "Motion was made by Myers, seconded by Black, to accept the $55,000 donation from the Hutchinson Community Hospital Auxiliary and recommend to the City Council approval of purchase of the monitoring equipment at a cost not to exceed $55,000. All were in favor. Motion carried." We, therefore, respectfully request City Council authority to purchase the ER monitors. If I can answer further questions, please contact me. Sincerely, HUTCHINSON COMMUNITY HOSPITAL/ URNS MANOR NURSING HOME r Philip G. Graves President PGG:lh 0 r- IL 40 OPEN -HOLD COUNCIL REPORT Mon Jun 12 1995 11:05:35 1986 IMPRO.BDS Page 1 • AM.NATIONAL BANK PAYING AGENT FEES $321.20 $321.20 1994 IMPRO CONST JUUL CONTRACTING CO LETTING #3 PROJ #94 -03 $95,594.81 MID -MN HOT MIX INC PROJ94- 10/94 -12 ESTIMA $5,700.00 $101,294.81 1995 IMPRO CONST BAUERLY BROS INC. LETTING #7 PROJ 95 -07 $134,430.32 WM MUELLER & SONS LETTING #2 PROD 95 -OS $93,729.14 $228,159.46 BURNS MANOR DS AM.NATIONAL BANK MAINT FEES $282.85 $282.85 CENTRAL GARAGE BRANDON TIRE CO TIRES $226.81 CARQUEST AUTO PARTS DUAL TEMP SYSTEM $633.27 CITY OF HUTCHINSON JUNE MEDICAL $432.09 •EARL ANDERSON ASSOC CABLE $99.33 FORTIS BENEFITS JUNE LTD $17.93 G & K SERVICES CLOTHING & UNIFORMS $51.40 GRAFIX SHOPPE CUSTOM SQUAD CAR $975.47 HUTCH COOP CENEX MAY FUEL $248.61 HUTCHINSON WHOLESALE SUPPLIES $77.69 JERABEK MACHINE SERV MATERILAS $320.72 KUSTOM SIGNALS INC RADAR DASH $62.40 L & P SUPPLY CO CARE KIT $5.42 MN MUTUAL LIFE JUNE LIFE $6.72 MOTOR VEHICLE SALES TAX TITLE PLATES $833.46 MTI DIST.CO OIL FILTER $150.89 OLSONS LOCKSMITH REKEY NEW $160.00 POSTAGE BY PHONE MAY POSTAGE $2.88 RAY ALLEN MANUFACTURING CO K9 SYSTEM PAGER $852.00 SCHMELING OIL CO FLUID $90.74 SCHRAMM IMPLEMENT REPAIR & MAINTENANCE S $194.92 SNAP ON TOOLS CORP JAW CAP $71.31 STREICHERS BRITE BUMPER $2,342.37 SUPERIOR FORD INC F150 PICKUP $12,507.00 TWO WAY COMM INC CITY TRANSIT $45.00 UNITED BLDG CENTERS SHELF BRACKET, SHELVIN $13.50 W.D. COOLING CLINIC REPAIR AIR CONDI $73.55 WIGEN CHEVROLET CO SWITCH -BA $10.76 $20,506.24 WENERAL FUND 11_1q OPEN -HOLD COUNCIL REPORT Mon Jun 12 1995 11:05:35 Page 2 & B ELECTRIC WIRE UNIT HEATER $59.54 •A ALLEN OFFICE PROD 6 CLIP BOARDS $56.42 ALLIED MECH.SYSTEMS URINAL VALVE $73.82 ANDERSON'S DECORATING CENTER 1 GALLON PAINT $26.64 APCO AFC INC. FCC LICENSE SERVICE $525.00 ARLT, JOHN M.SOFTBALL OVERPAYMENT $21.00 ARNOLD & MCDOWELL MAY COMPENSATION $4,164.00 AUTOMATION SUPPLY CO TONER $184.42 BACKEN, BILL REFUND $11.00 BADGE- A -MINIT 500 BADGE PARTS $79.69 BARGEN INC CRACK SEALANT $6,418.12 BENGSTON, SHARPIE REFUND $11.00 BENNETT OFFICE SUP. SUPPLIES $76.57 BERNHAGEN ELECTRIC LIGHT SOCKETS $30.00 BERNICK & LIFSON FRANCHISE SERVICE $6,112.80 BEST WESTERN MAPLEWOOD INN TRAVEL SCHOOL CONFEREN $316.25 BROWNS GREENHOUSE MARIGOLDS $317.88 BUSINESSWARE SOLUTIONS PRINTER REPAIR $100.00 CAMERA SHOP PROCESSING $74.96 CARLSON, ROB ADDL MILEAGE COST $3.90 CARLSON, WAYNE INSTALL CARPET $75.00 CARQUEST AUTO PARTS REPAIR & MAINTENANCE S $64.86 CARR FLOWERS MISCELLANEOUS $69.90 CARTER, RON REFUND $60.00 CELLULAR 2000 APRIL CELLULAR $50.01 CENTRAL GARAGE 6 MOS RENT $65,655.50 LABS CLEANERS $697.34 •CENTURY CHAMBER OF COMMERCE BREAKFAST $1,515.00 CITY OF HUTCHINSON JUNE MEDICAL $39,446.91 COAST TO COAST SUPPLIES $559.40 COMM TRANSPORTATION ES HANGER LOANS $700.00 COUNTRY KITCHEN PRISONER MEALS $12.25 CROW RIVER AREA QUALITY COUNCI MAY SESSION $4.00 CROW RIVER PRESS INC BUSINESS CARD $368.65 CROW RIVER VET CLINIC K -9 FOOD $162.35 CURTIS INDUSTRIES BLACK WIRE TIE $92.21 D & K CLEANERS 2 JACKETS CLEANED $16.24 DARK REFRIGERATION REPAIRD $61.28 DANCER, LORI REFUND $10.00 DRESSEL, MONA REFUND $13.00 DUMMER, KRISTIE REFUND $10.00 EARL ANDERSON ASSOC THINNER 5 GALLONS $51.33 ELECTRO WATCHMAN ANNUAL CHARGES $435.37 EMBLEM ENTERPRISES EMBROIDERED PATCHES $1,432.69 FAMILY REXALL DRUG PENS, BADGES, FOLDERS $114.19 FARM & HOME DIST. CO SUPPLIES $120.26 FEED RITE CONTROLS CHLORINE, SODA CAUSTIC $955.51 FESTIVAL FOODS SUPPLIES $393.91 FICK, SHARON REFUND $10.00 FITZLOFF HARDWARE BRUS, PRIMER $219.78 FLAIL - MASTER WEED BUTCHER II, BLADE $14.60 FORMS & SYSTEMS ADDRESS FORMS $244.00 FORTIS BENEFITS JUNE LTD $1,361.15 OPEN -HOLD COUNCIL REPORT Mon Jun 12 1995 11:05:35 Page 3 G & K SERVICES OTHER CONTRACTUAL $748.00 G F NEMITZ SONS BROWN PAINT $28.70 • GLENCOE UNIFORMS GLOVE HOLDER $139.52 GORDON, BRENDA REFUND $10.00 GRAY, JEAN SCHOOL TRAVEL EXP $566.66 GREAT PLAINS SUPPLY ENTRY LOCK $13.83 GRINA, LISA RECORD NOTARY $50.00 GUARDIAN PEST CTL PEST CONTROL $21.57 GUTHERY, TOM ,AY MOTORCYCLE LEASE $79.59 HAMMOND- JOHNSON, MICHELLE SCHOOL TRAVELEXP $151.37 HAUGEN, BARB SCHOOL TRAVEL EXP $48.90 HCVN -TV SOLTRA ANNOU $18,326.04 HENRYS FOODS INC SUPPLIES $968.92 HILLYARD FLOOR CARE / HUTCHINSON WORXWELL, LOOP TWISTER $729.00 HOFF, RANDY M.SOFTBALL OVERPAYMENT $12.00 HUHN, LARRY SCHOOL EXP $75.00 HUTCH COMM HOSPITAL BLOOD TESTS $88.05 HUTCH CONVENTION & COLLECTION FOR FEB $5,479.04 HUTCH COOP CENEX MOTOR FUELS & LUBRICAN $4,223.46 HUTCH PLBG & HTG CO CONTRACT REPAIR & MAIN $107.88 HUTCHINSON JAYCEES WATER CARNIVAL DONATIO $1,000.00 HUTCHINSON LEADER NOTICES $885.93 HUTCHINSON TEL CO JUNE PHONE $5,852.89 HUTCHINSON UTILITIES UTILITIES $6,315.34 HUTCHINSON WHOLESALE PARTS $16.17 ICMA ANNUAL DUES $499.82 INDEP INFO SERVICES NESTEGG $80.00 JUUL CONTRACTING CO MANHOLE COVER $70.00 K MART BATTERIES, DUCT TAPE $22.19 KEMPFERT DESIGN FOAM CORE BOARD, POSTE $41.04 KERR TRANSPORTATION SERVICES METRO TEST DRUG $68.00 KOELLN, BRIAN M:SOFTBALL OVERPAYMENT $50.00 KREBS, TOM REFUND $29.99 L & P SUPPLY CO RECOIL $74.71 LAW ENFORCE EQUIP UNIFORMS $258.90 LEAGUE OF MN CITIES LEAGUE OF MN CITIES TR $458.30 LENNES, RICHARD MAY COMP $2,163.00 LEUNG, WILLIAM INTERPRET SERVICES $15.00 LUNDAHLS 61 DINNERS $792.00 MANKATO MOBILE RADIO SPECTRA VHF $8,251.32 MARCO BUS.PRODUCTS CRDIT $473.86 MARKS TV METAL DETECTOR REPAIR $33.52 MCGARVEY COFFEE INC COFFEE $169.65 MEEKER SAND & GRAVEL REPAIR & MAINTENANCE S $320.71 METRO CONNECTIONS LUNCHES $32.00 MICROWAREHOUSE HITACHI SUPERSCAN $10.90 MIDWEST CABLEVISION JUNE SERVICE $4.46 MIKE'S MOBIL BAIT & TACKLE CLOTHING & PERS.EQUIP $80.97 MINNE- SEW -TA VAC REG SERVICE $34.50 MN ELEVATOR INC. ELEVtor service $62.95 MN MUTUAL LIFE JUNE LIFE $503.58 MN PLAYGROUND INC BIKE RACK $315.28 MN SPORTS FEDERATION MISCELLANEOUS $32.00 • MUELLER, DAVE OPERATING SUPPLIES $460.31 OPEN -HOLD COUNCIL REPORT Mon Jun 12 1995 11:05:35 Page 4 MUELLER, LISA CLOTHING & PERS.EQUIP $60.00 • MUN LIQUOR STORE MVTL LABORATORIES REMB FOR D BROTEN WILLOW NIOBE $197.78 $154.43 NICKLASSON ATHLETIC CO PITCHING RUBBERS $96.01 NO STATES SUPPLY INC BOLTS, ETC $39.46 NORTH STAR TURF INC GEN TURF MIXTURE $65.59 NORTHERN SAFETY CO ZX PLUS CHARTREUSE $62.73 OLSONS LOCKSMITH 60 FORD KEYS $111.83 ONDRACEK, KRISTY M SOCCER COACH $50.00 ORDWAY MUSIC THEATRE SHOW BOAT TICKETS SR C $2,114.00 PANKAKE, GARY REMB $60.00 PETERSON BUS SERVICE HANSKA $535.00 PETZEL, RAQUEL INTERPRET SERVICES $15.00 PLOTZ, GARY D. TRAVEL EXP $49.00 PLOWMANS TOW SERVICE CALL $26.63 POLYTANK CORP ORGANIZERS $27.26 POPP ELECTRICAL INC GARAGE DOOR SERVICE $40.60 POSTAGE BY PHONE MAY POSTAGE $1,259.24 PRO MAINTENANCE CLEANING $3,155.36 QUADE ELECTRIC YELLOW WIRE $3,531.58 QUAST, GENISE REFUND $11.00 RECREONICS PVC LATERALS LGTH $551.75 RIBICH, NANCY REFUND $10.00 S M A HC GEN SUPPORT CONTR $100.00 SCHIEBEL, NATHAN CONCESSIONS $247.00 SCHUETTE, SCOTT SCHOOL TRAVEL EXP $182.59 SERVICEMASTER CLEANING SERVICE $288.56 SHAW, KAREN COUNTRY DANCE $90.00 SHOEN, ROBIN TRAVEL SCHOOL EXP $79.91 SHOPKO MEMO BOOKS, VIDEOS $166.40 SKAAR STUDIO, DAVID DEPARTMENT PHOTOS $370.00 SORENSEN FARM SUPPLY REPAIR & MAINTENANCE S $4.04 STANDARD PRINTING STAPLERS, PINS, PUNCH, $151.35 STAR TRIBUNE RECREATIONPROFITGURESK $123.50 STATE TREASURER AIPORT LICENSE RENEWAL $15.00 STREICHERS HORIZONTAL SLIDE $462.83 TRI CO WATER COND 20 BAGS SALT $117.57 TWO WAY COMM INC BEE CASE $79.88 UNIFORMS UNLIMITED UNIFORMS SHOES $64.56 UNITED BLDG CENTERS GALV BOX NAILS $82.15 UNITED LABORATORIES NEOFLECIION AEROSOL $96.10 VALLEY VIEW ASSOCIATES BOOSTER PUMP $372.75 VICTORIAN INN MISCELLANEOUS $698.61 VIKING COCA COLA MISC $239.25 W. M. MONTGOMERY PROF SERVICE $70.00 WAGNER, CHERYL REFUND $16.00 WAL -MART OPERATING SUPPLIES $29.62 WALLY PIKAL DANCE BAND FOR SR PROM $125.00 WEBER, SCOTT REFUND $24.00 XEROX METER USAGE $155.00 XEROX CORP METER USAGE $155.00 $211,837.44 .NSURANCE FUNDS OPEN -HOLD COUNCIL REPORT Mon Jun 12 1995 11:05:35 Page 5 •AMERICAN HEART ASSC REG FEES $50.00 CREATIVE PROMOTIONS SHAPEUP CHAL $82.58 $132.58 LIBRARY FUND DS AM.NATIONAL BANK PAYINGAGENT FEES $304.25 $304.25 LIQUOR STORE AM.LINEN SUPPLY CO SUPPLIES $172.09 DEFERRED COMP. ARANGO CIGAR CO CIGAR PUR MAY $593.22 GREAT WEST LIFE INS. CO. BERNICKS PEPSI COLA MISC DRINKS $266.06 BUREAU OF ALCOHOL ETC SPECIAL TAX RENEWAL $250.00 DEFERRED COMP. CDI OFFICE PRODUCTS LTD SUPPLIES $60.98 ICMA RETIREMENT TRUST CITY OF HUTCHINSON JUNE DENTAL $35,654.18 CMI REFRIGERATION ICE BAGS $836.70 LIFE INSURANCE COAST TO COAST SUPPLIES $13.38 PERA- D.C.P. FESTIVAL FOODS SUPPLIES $17.58 FORTIS BENEFITS JUNE LTD $31.08 $155.00 HENRYS FOODS INC MISC PUR $1,424.55 ACCURED HERMEL WHOLESALE MISC SUPPLIES $535.39 HUTCHINSON LEADER ADV FOR LIQ STORE $611.16 HUTCHINSON TEL CO JUNE PHONE $116.17 DEFERRED COMP. HUTCHINSON UTILITIES UTILITIES $837.03 WADELL & REED •K D U Z ADV LIQHUTCH $193.60 KARP RADIO ADV FOR MAY $24.00 $29,292.61 KKJR ADV FOR LIQU HUTCH $64.60 MMBA ANNUAL MEMBERSHIP DUES $425.00 MN MUTUAL LIFE JUNE LIFE $11.55 POSTAGE BY PHONE MAY POSTAGE $17.16 SPRENGLER TRUCKING FREIGHT $979.59 STANDARD PRINTING CASSETTE $102.11 VETERANS OF FOREIGN WARS ADV BASEBALL TOURNMENT $52.50 VIKING COCA COLA MISC PUR MAY $505.45 $43,795.13 PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. ACCURED DEFERRED COMP. $655.00 GREAT WEST LIFE INS. CO. ACCURED DEFERRED COMP. $100.00 H.R.L.A.P.R. ACCURED DEFERRED COMP. $147.57 ICMA RETIREMENT TRUST ACCURED DEFERRED COMP. $1,642.45 PERA LIFE INS CO. ACCURED LIFE INSURANCE $136.50 PERA- D.C.P. DUE TO PERA- D.C.P. $52.02 PRUDENTIAL ACCURED DEFERRED COMP. $155.00 PRUDENTIAL MUTUAL FUNDS ACCURED DEFERRED COMP. $318.46 PUBLIC EMPLOYEES DUE TO OTHER -PERA $13,201.93 TEMPLETON INC ACCURED DEFERRED COMP. $448.46 WADELL & REED ACCURED DEFERRED COMP. $150.00 • WITHHOLDING TAX ACCT DUE TO MEDICARE $29,292.61 $46,300.00 OPEN -HOLD COUNCIL REPORT Mon Jun 12 1995 11:05:35 Page 6 • PUBLIC SITES LORENCE & ASSC APPRAISAL FEE $500.00 $500.00 RURAL F. D. HUTCH COOP CENEX MOTOR FUELS & LUBRICAN $44.75 $44.75 WATER /SEWER FUND AAGARD WEST MAY PICKUP $24,403.79 AG SYSTEMS BLOTS $1.45 AM.PAYMENT CENTERS BOX SERVICE $71.00 BRO -TEX INC. SCRIM DISPENSER $84.18 BUSINESSWARE SOLUTIONS HP OMNIBOOK 4000C $4,937.33 CARTER, RANDY SAFETY BOOTS REMB $60.00 CELLULAR 2000 MAY CELLULAR $3.61 CITY OF HUTCHINSON JUNE MEDICAL $4,266.71 COAST TO COAST SHIPPING $298.18 CROW CHEMICAL CO GALLON PH70 PRE $70.82 CURTIN SCIENTIFIC CO BOTTLE HDPE $1,384.49 D.P.C.IND.INC CHLORINE $878.70 D2 SERVICES BATTERY $37.00 DEPT OF LABOR & INDUSTRY RENEWAL FEE 67272 $10.00 •ELECTRO WATCHMAN ANNUAL CHARGES $988.04 FADDEN PUMP CO. FILTER, ELECTRODE $72.09 FAMILY REXALL DRUG ALBUMS, PAGES $75.58 FARM & HOME DIST. CO MULCHING BLADES $59.37 FARMERS ELEVATOR ASSN 2 BU OASTS $10.00 FEED RITE CONTROLS FERROUS CHLORIDE $406.14 FERCHE MILLWORK INC SCRAP WOOD $1,500.00 FESTIVAL FOODS SUPPLIES $27.44 FORTIS BENEFITS JUNE LTD $186.91 G & K SERVICES UNIFORMS $243.25 HACH COMPANY LAB SUPPLIES $188.42 HANSON, SCOTT SAFETY BOOTS $49.99 HENRY & ASSOCIATES GASKET $54.96 HILLYARD FLOOR CARE / HUTCHINSON 55 GAL 2 MIL $57.93 HUTCH COOP CENEX MAY FUEL $1,344.35 HUTCHINSON TEL CO JUNE PHONE $554.71 HUTCHINSON UTILITIES POSTAGE $18,644.24 HUTCHINSON WHOLESALE BELTS $193.94 INFRATECH MARKING PAINT $425.52 L & P SUPPLY CO OIL FILTER $79.04 LAKEVILLE MOTOR EXPRESS IRON PIPES $36.66 LEAGUE OF MN CITIES SEWER CLAIM $5,000.00 M & G SALES UHF ANTENNA $28.68 MARCO BUS.PRODUCTS WALLETS $19.04 MCNELLY GROUP LEASE $6,025.00 • MERKINS, KYLE MESSNER, KEN BOOT REMB REM $39.99 $40.00 OPEN -HOLD COUNCIL REPORT Mon Jun 12 1995 11:05:35 Page 7 $745,493.43 J • MN DEPT OF HEALTH 2ND QUARTER CONN FEES _______ $4,855.00 ____ _________________ __ •MN MUTUAL LIFE MVTL LABORATORIES JUNE LIFE CYANIDE AMENABLE $69.30 $294.00 NCL PLASTIC AMPL $476.99 NORTHERN WATER WORKS SUPPLY REHAB PIPELINE $4,453.32 POSTAGE BY PHONE MAY POSTAGE $135.72 QUADE ELECTRIC REPAIR CONTROL CIRCUIT $63.50 SANIFILL INC REFUSE - LANDFILL CHAR $6,202.22 SERCO LABORATORIES PH MEASURE IN WATER $939.00 SORENSEN FARM SUPPLY REPAIR & MAINTENANCE S $426.75 STATE TREASURER CERTIFICATION $15.00 TREASURY DEPT Q240 VIDEO FOR PERFECT OFFI $297.43 TRI CO WATER COND WATER BOTTLES $14.70 TRI -STATE CUTTER $374.85 UNITED BLDG CENTERS BRWN WOODTITE $31.63 VIKING SAFETY PRODUCTS LIME MN DOT VEST $151.99 VWR SCIENTIFIC INC OPERATING SUPPLIES $108.93 WAL -MART SLIDE TRAY $10.47 WARD, DAN STEEL TOE BOOTS REMB $49.99 WINTER, LAWRENCE CONNECTORS $185.38 $92,014.72 $745,493.43 J • m IMMEDIATE PAY COUNCIL REPORT Mon Jun 12 1995 11:05:10 Page 1 --------------- GENERAL FUND ALL SEASONS 36 TREES $5,100.27 BENNETT OFFICE SUP. SERVICE CONTRACT $126.00 $6,316.15 BIG BEAR BULK $64.36 CHAMPLAIN PLANNING PRESS 8 SUBSCRIPTIONS $67.00 LIQ PUR MAY COUNTY TREASURER STATE DEED TAX- COWGER $1.65 FRIENDLY BEVERAGE CO DEPT NATURAL RESOURCES DNR REG FEES $2,931.00 JACOB WETTERLING FOUNDATION PROG FEES SAFETY CAMP $228.00 KERR TRANSPORTATION SERVICES DRUG TEST $34.00 $9,680.35 STANDARD PRINTING PAPER $237.96 $3,850.75 US POSTAL SERVICE NEWSLETTER POSTAGE $276.50 $9,607.93 $9,066.74 CASE DEPOSITS LIQUOR STORE CITY OF HUTCHINSON LOTTERY SALES $6,316.15 COLLINS BROTHERS INC SUPPLIES $162.77 ED PHILLIPS & SONS CO. LIQ PUR MAY $2,812.31 FRIENDLY BEVERAGE CO CASE DEP $2,084.45 FRONTEER DIRECTORY CO CROW RIVER DIR ADV $1,173.00 GRIGGS COOPER & CO LIQ PUR MAY $9,680.35 INSURANCE PLANNERS LIQ LIAB INSU CARE $3,850.75 JOHNSON BROTHERS LIQUOR CO. WINE PUR MAY $9,607.93 JORDON BEVERAGE INC. CASE DEPOSITS $1,052.70 LENNEMAN BEVERAGE DIST. INC CASE DEPOSITS $2,570.45 LOCHER BROS INC CASE DEPOSITS $18,293.80 •PAUSTIS & SONS BEER PUR MAY $459.00 QUALITY WINE & SPIRITS CO. CREDIT $1,263.65 TRAVELERS DIRECTORY SERVICE ADD'L OWED $23.40 TRI CO WATER COND COOLER RENTAL $64.59 TRIPLE G DISTRIBUTING INC MIX DRINKS $29,181.50 $88,796.80 PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB 5 -20 $655.00 AMERICAN FAMILY INS CO. EMPLOYEE CONTRIB 5 -20 $89.16 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 5 -20 $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB 5 -20 $147.57 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 5 -20 $1,757.45 PERA LIFE INS CO. EMPLOYEE CONTRIB 5 -20 $124.50 PERA - D.C.P. EMPLOYEE CONTRIB 5 -20 $52.02 PRUDENTIAL EMPLOYEE CONTRIB 5 -20 $155.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB 5 -20 $318.46 PUBLIC EMPLOYEES EMPLOYEE CONTRIB 5 -20 $13,245.11 TEMPLETON INC EMPLOYEE CONTRIB 5 -20 $448.46 WADELL & REED EMPLOYEE CONTRIS 5 -20 $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIB 5 -20 $28,877.63 $46,120.36 WATER /SEWER FUND • MPCA REG- R.DEVRIES $80.00 IMMEDIATE PAY COUNCIL REPORT Mon Jun 12 1995 11:05:10 WIRE TRANSFER Page 2 $80.00 $144,063.90 GO WASTEWATER TREATMENT BONDS AMERICAN BANK INTEREST 156,400.00 AMERICAN BANK PRINCIPAL 350,000.00 PAYROLL FUND MN DEPT OF REVENUE WITHHOLDING TAXES 5761.81 L J l � • EMBER REICHGOTT JUNGE ASSISTANT MAJORITY LEADER Senator 46th District Room 205 State Capitol 75 Constitution Avenue St- Paul, MN 55155 -1606 Phone: 296 -2889 and 7701 48th Avenue North New Hope, Minnesota 55428 June 5, 1995 Mayor Marlin Torgerson City of Hutchinson 111 Hassan Street S.E. Hutchinson, MN 55350 -2522 Dear Mayor Torgerson: FOR YOUR INFORMATION Senate State of Minnesota DECEIVED UN 7 1995 CITY OF HUTCHINSON Thank you for contacting me at various times during the 1995 legislative session regarding your support for the Hutchinson sales tax. I appreciated hearing from you. As a member of the House - Senate conference committee on the • Omnibus Tax Bill, I did support the Hutchinson sales tax and discussed the initiative with my Senate colleagues on several occasions. However, there were no other votes for the sales tax on the Senate side. They indicated that the sales tax proceeds were dedicated for uses that were too broad as compared to previous uses approved by the Senate. I was unable to persuade my colleagues on this issue, and eventually, the House acceded to the Senate position. I am sorry that the sales tax provision was not enacted into law. You may want to talk further with Sen. Doug Johnson, Chair of the Senate Tax Committee, about how to structure this initiative should you pursue it again in 1996. Best wishes. Sin ��L Ember Reichgott Junge Assistant Majority Leader ERJ:ms cc: Sen. Steve Dille • COMMITTEES: Vice Chair, Ethics & Campaign Reform • Vice Chair, Rules & Administration Taxes & Tax Laws Education • Education Funding Division • Judiciary • Chair, Special Subcommittee on Ethical Conduct Legislative Audit Commission • Legislative Commission on Planning & Fiscal Policy Re. fed ny . Legislative Coordinating Commission 20% w,r- o .e, ru,e, SERVING • Crystal • New Hope • Robbinsdale • Brooklyn Center • Golden Valley .Aelpo W TO: Mayor and Council FROM: Brad Emans, Fire Chief May, 1995 The fire department responded to 18 calls in May. Breakdown of the calls: • 1 - Rural Residential 2 - Rural Haz-mat Incidents 3 - Medicals 3 - 10 -52 (Accident with injury) 2 - City Residential 7 - City Commercial /Industrial • SCBA Check • Auto Extrication (4 cars) • Hose Testing • Car Fires • DNR Wildland Fires • HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCH IN SON, MINN ESOTA 55350 STATE OF /� FA DEPARTMENT OF NATURAL NICHOLS OFFICE CENTER, 9180, 410 JACKSON ST., PHONE NO. (507) 389 -6713 ' May 15, 1995 Brad Emons, Chief Hutchinson Fire Department 111 Hassan Street SE Hutchinson, MN 55350 -2522 Dear Brad: RESOURCES MANKATO, NN 56001 FILE NO. Thank for your help at the Hutchinson Regional Arbor Day Celebration. The men you provided were very helpful and great to work with, and a fine example of how the fire service can respond to help out another agency. We really appreciate that. Please thank Casey, the water tender driver, and the grass rig driver for me. I think the 850 fourth graders got a good fire prevention and fire awareness lesson. Very truly yours, k10 0-n c�( awl t D8TL _Ame_11 Assistant Regional mek Forester AN EQUAL OPPORTUNITY EMPLOYER 0 0 HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, May 1, 1998 0 The meeting opened at 8:05 P.M. The minutes were read and approved. COMMITTEE'S Uniforms - Rob Carlson reported that everyone had been given two 1st responder patches. Rob and the uniform committee will determine were there are to be placed on the uniforms. Rural Tanker - Tom Pessek announced that the committee has a couple of options to present to the Townboards for approval. A meeting date will be made soon. BILLS City, Fire Marshall and Rural Account None General Account None RUNS 413 VFW 4/16 3M 413 Prince of Peace 4/18 3M 4/4 Luthens - Barn 4/17 Medical 4/4 Patterson - F/A 4/17 Medical 4/4 Rescue - Rural 4/18 Rescue - City 4/5 St. John's Parsonage 4/20 Medical 4/8 Medical 4/23 Roth - Car 419 Medical 4/25 Robinson - Grass 4/10 3M 413 SCBA's 4/11 Greencastle Apts. 4/3 Drill / Meeting 4112 Goebels 4110 Drill 4/14 Rescue - Rural 4/17 Drill 4/15 Medical MMS to approve the runs as read. Motion passed. COMMUNICATION'S None NEW BUSINESS Jeff Neis announced a mass disaster drill will be rescheduled in August. Silver Lake vAll host a tornado /mass casualty drill on June 1 Q 8:00 P.M. See signup sheet for trucks to take. Brent Reiner asked about Scuba tank filling. Steve Schramm said it world cost abort $500 to set up to fill tanks. Steve Schramm stated that the key for the garbage container is in the control room. Randy Redman talked about Stale Fire School and the Regional Sectional fire school July 22 at Litchfield. Chief Emans went over the Skywam procedures. Put the copies of the procedure in your SOP books. Chief Emans thanked Casey Stotts for the nice job on the dance. Applause followed. Chief Emans also talked about discussions with City Engineer, Jon Rodeberg about traffic controls on 3rd & Main and Adams & 3rd- No action at this time. Chief Emans also talked about the new alarms being installed in the city. The meeting adjourned at 8:50 p -m. Respectfully submitted by, Jim Brodd Secretary f• 0 HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, May 8, 1995 The meeting opened at 8:55 p.m. Jim P. talked about the upcoming Silver Lake drill on June 1st. There was discussion on %bich tricks to take. Tom P. talked about the tanker. The townboard meeting will be scheduled for late June and will be presented to the Department at the June business meeting. Casey S. talked about the policy for the residents of the High Rises and Elderly Housing and that he has instructed them to stay in their rooms during alarms and that the firefighters would escort them out if needed. Casey S. also stated that tours for the Village Coop, Prince of Peace, and Augusta Homes was being set-up- Duane H. that the Dept. of Health did a site inspection for the list responder training certification. Steve S. stated that the Hurst Tod rep. will check on our unit this week for the power loss problem. Steve S. talked about the Skywam policy. The priority if only three positions can be manned will be Heatwde, Co. #14, and Belle Lake. You can use 2338 and the Fire Marshall's car. The other three locations will be you own vehicles. Policy will be to go out only between the hours of 7:00 a.m. and 10:00 p.m. This will be strictly voluntary for responding. Randy R. stated that accountability will be discussed at the Chiefs meeting on Wednesday the 10th at Silver Lake. Randy also mentioned that we have received another full face mask from 3M and that the extra cartridges are In the air room. Meeting adjourned at 9:30 p.m. Respectfully submitted by, Jim Brodd Secretary /J �f a �iO�frla6G��L�t.ii� top NI Ac / e1� I' !t'iGGtCa y� ld 4Z.4ge'r... -.�.�� oG of a4e 01_ �cpr2 7 swL - e�4e - �� °� �..Tt�i e�s�la —�•� �w "`L • LIGHT TRAFFIC TASK FORCE MINUTES Monday, April 10, 1995 6:30 p.m. Members present: Leslie Smith, Lucille Smith, Ed Dodng, Mary Ann Kasich, Dolf Moon, John Rodeberg, Rick Larson, Brian Bonte, John Adt and Dave Mueller Guest: Ted Liepold A) Education - Dave Mueller reported on the program he and Officer Scott Schutte are presenting at the Elementary school teaching bike safety and promoting the Bike Bonanza. He stated 750 children will be reached at Park Elementary and he will be going to St. Anastasia School and the 6th Grade at the Middle School. B) Walking - Rick Larson stated the VolksSports group would like to have a • booth at the Bike Bonanza and the State President of the organization may be in attendance. C) Running - No reports D) Biking - Brian Bonte reported on the first bike club meeting on March 28th which included 14 members. He stated the club will be open to all ages and types of riders. The meetings are held at the A -1 Bike Shop. A. BIKE BONANZA Dolf Moon stated Dave Mueller is heading the group in charge of the event which will be held May 6th, 10:00 a.m. - 1:00 p.m. Ted Liepold is also involved in the event. Dave stated Cashwise and Festival Foods have donated food for the event and he has solicited donations from business for prizes to be given that day. The key will be participation. Dave stated there is a need for many volunteers to help make the day a success. Some of the actives will be a helmet give away, bicycle safety inspection, obstacle course for safe riding, lunch, exhibits, drawing for bicycles, etc. Promotion is the key . to the success. HUTCHINSON LIGHT TRAFFIC TASK FORCE MINUTES - APRIL 10, 1995 Discussion followed on organizations that could possibly be asked to help at the Bike Bonanza. B. B -BOP DAY - MAY 18TH Mary Ann handed out packets with information on the B -Bop day event. She stated with the Bike Bonanza planning in full gear this event would possibly not be promoted as much as she would like. Dolf Moon commented that the City of Hutchinson employees wellness committee will be promoting the day in conjunction with the Shape Up Challenge event for city employees. C. TABULATE SURVEYS Several members began tabulating the 1000 surveys which were returned. None IV OTHER 0 The next meeting will be Monday, May 8th, at 6:30 p.m. 2 • SLIGHT TRAFFIC TASK FORCE MINUTES Monday, May 8, 1995 6:30 p.m. Members present: Leslie Smith, Lucille Smith, Ed Doring, Mary Ann Kasich, Doff Moon, John Rodeberg, Rick Larson, Al Koglin, Will Mangum, Linda Madison, Brenda Ewing and Dave Mueller A) Education - No report B) Walking - Rick Larson commented on the display booth at the Bike Bonanza on May 6th. He stated the State Walking President and Presidents from Mankato and Twin Cities Clubs all attended Hutchinson's event and were very impressed with the turnout and the behavior. Rick commented on the upcoming Tri -Club picnic to be held in Hutchinson on August 12th. This is a one day event and the task force is invited on the guided walk. • C) Running - Will Mangum commented on the new runners club which met at the Library prior to the Light Traffic Task Force meeting. There were 6 members present with more possible names for the club from Glencoe as well as Hutchinson. They discussed club names, recruiting members, sponsorship, and the organization. D) Biking - No report A. RECAP OF "BIKE BONANZA" MAY 6TH - DAVE MUELLER Dave Mueller commented on the success of the event in which over 700 participants took part. He stated a suggestion for next year would be to incorporate a separate roller blade section to teach safety on roller blades. A video was made of the event and there was discussion on the use of the video possibly on Cable T.V. B. B -BOP DAY - MAY 18TH Mary Ann stated the task force could possibly make more of a push next year. Doff Moon stated the city employees will be promoting the event and the Heart at Work Committee has the packet of information. HUTCHINSON LIGHT TRAFFIC TASK FORCE MINUTES - APRIL 10, 1995 • C. SURVEY RESULTS Dolf handed out the survey results and commented on the responses. He stated Lee Brady will get these results and a presentation will be made to the City Council with charts and graphs. There will be a follow -up in the Hutchinson Leader. The comments will be tabulated at a later date. A) DISCUSSION OF CO -CHAIR POSITION OR NEW CHAIR POSITION Mary Ann commented on the fact she has been the chairperson for over a year and asked the committee their wishes regarding the position. After discussion, Ed Doring made a motion to set the term as a 3 year position with Mary Ann Kasich completing her term January 1, 1997, and Rick Larson will serve as vice chair assuming the chairmanship January of 1997. Seconded by Al Koglin the motion carried unanimously. IV OTHER • Al Koglin explained there is a county wide trail committee being formed which will consist of one person from each of the 5 commission districts. He stated the committee will work on a county map designating road for bike /pedestrian paths. The meeting will be in the next 30 days. The City Council will also act on the plan before the County acts on it. Don Winkler,MnDot, will attend the first meeting. u ► reysTiw The next meeting will be Monday, June 5th, at 6:30 p.m., Lee Brady and Bob Works will possibly attend to discuss the survey. Dave Mueller will show the video and photographs from the Bike Bonanza. 2 0 LIGHT TRAFFIC TASK FORCE MINUTES Monday, June 5, 1995 6:30 p.m. Members present: Leslie Smith, Lucille Smith, Ed Doring, Dolf Moon, John Rodeberg, Rick Larson, Brenda Ewing, Rick Kjonaas, Brian Bonte, John Ark and Ron Mortenson, MnDot A) Education - No report B) Walking - Rick Larson commented on the informational meeting held last week. He stated another meeting in planned for next week. Rick explained he now has the packet to form a club here. There is a video available on VolkSports which Rids will bring to the meeting in July. A Tri Club picnic and activity is being planned for August 12th to be held in Hutchinson. C) Running - No Report D) Biking - Brian Bonte reported as meeting was held before the Bike Bonanza and there were a number of people helping at the event. He stated meetings are held at the Bike Shop. Tuesdays and Thursdays are 20 mile road biking events. Wednesdays will be mountain biking at the land fill and Saturdays the bike club will try a family biking event of 10 miles around Hutchinson. E) Willmar meeting report - John Rodeberg reported on the meeting held in Willmar. He stated the State bike plan was presented at that meeting. John stated the Luce Line trail may be completed this year. The Bluff Street bridge will be held back to next year. John has a request for proposal ready for a $75,000 grant from MnDot. Rick Kjonaas commented on the pave shoulder on County Rd. 12 to be completed in July. Ron Mortenson, MnDot, explained that the design standards are being changed for the paving of shoulders. There was discussion on the wide shoulders being used as vehicle passing lanes instead of the intended bike lanes. John commented on the meeting with OSM representatives to review the site and plans for the Luce Line Trail. Discussion followed on the interest by Silver Lake residents to complete the trail to that community. Enhancement funds for the project must be initiated by the County, DNR or a City over 5,000 population. HUTCHINSON LIGHT TRAFFIC TASK FORCE MINUTES - JUNE 5, 1995 A. VIDEO OF "BIKE BONANZA" MAY 6TH - DOLF MOON Doff showed portions of the video taped at the Bike Bonanza event which was well attended. B. REVIEW OF SURVEY Dolf Moon commented on the presentation by the Light Traffic Task Force at the June 12th, City Council meeting. He showed the transparencies and charts which will be presented to the council. A. DISCUSSION OF BROCHURES AND POSTERS Doff stated educational money for brochures and posters may be available to the task force. The present account was spent on the surveys. Doff stated Mr. Bob Works is working on obtaining additional funding for educational brochures. � A. The helmets were not in on time and the orders were not all correct. Doff stated all vendors are behind. The problem is being resolved. B. Doff commented on the conference call held on May 22nd with people from Finland and Washington D.C. The next conference call will be held on August 2nd at 9:00 a.m. fY�Ii�LI��rI.CHH_ The next meeting will be Monday, July 10, 1995, at 6:30 p.m. 2 0 Administrative Office n M. Houlahan, Director PILiIBMY oneedand Fifth street sw O. Box 327 SYSTEM Box Willmar, Minnesota 56201 -0327 Phone: (612) 235 -6106 Fax: (612) 235 -3169 wilmarpi@forgus.cfa.org PIONEERLAND LIBRARY SYSTEM BOARD MEETING May 18, 1995 Meeting was called to order at 7:30 p.m. at Chippewa County Library in Montevideo. Joel Egge gave another short explanation of plans to remodel and renovate the building next door for PLS Admin /Service Center. New board members were introduced. Canfield /Griffin moved approval of minutes. Rudningen /Bohm moved approval of April 1995 financial reports. Motion carried. 1996 budget draft was distributed. Rudningen /Sanders moved approval of 1994 audit. Motion carried. Personnel Committee report was given by Schoener. Canfield/Rude moved approval of revised job descriptions and 1996 pay ranges. Motion carried, two opposed. Canfield /Rude moved approval of implementation plan for personnel recommendations. Motion carried. New educational requirements will apply to newly hired employees. Employees currently on job will be given opportunity to get the skills and educational opportunities they may need. Approval of flexible benefits plan was tabled until more information can be obtained. Rudningen moved approval of payment of 25% of accrued unused sick leave to those employees no longer earning sick leave. Motion carried. System Study Committee report given by Alsop. Brunner moved approval of FY 1996 regional library basic system support grant. Motion carried. Brunner moved approval of PLS Board appointments to SAMMIE governing board. Notion carried. Policy Committee report was given by Alsop. Committee is working on revising PLS bylaws, drafting amendments to agreement, and new contract with Grant County, South Dakota. Report of director and assistant director was summarized and discussed. Next meeting will be Thursday, June 15, 1995, 7:30 p.m., Kandiyohi County Highway Department, Willmar. Dorothv Tebben Secretary Fawce Fy FOR YOUR INF_ORMATTOK ing & Associates, Ltd. 820 North Sibley CERTIFIED PUBLIC ACCOUNTANTS Litchfield, Minnesota 55355 Principals: Cedl R. Fawcett, James A. Young, Paul A. Harvego Telephone: (612) 6937975 i f • I ACCOUNTANTS' REVIEW REPORT To the Board of Advisors Hutchinson Area Convention and Visitors Bureau 101 Main Street So. Hutchinson, Minnesota 55350 Telephone: (612) 5874747 We have reviewed the acco!npryin8 statement of financial position of Hutchinson Area Convention and Visitors Bureau (CVB) (a division of the Hutchinson Area Chamber of Commerce (RACC), a non -profit corporation) as of December 31, 1994 and 1993, and the related statements of activities and cash flows for the years then ended, in accordance with Statements on Srmrdrads for Accounang and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of CVB. A review consists principally of inquiries of CVB personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the ples accompanying financial statements in order for them to be in conformity with generally accepted accounting princi. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying Schedules 1 -3 is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, and we are not aware of any material modifications that should be made thereto. FAWCETT, YO G ASSOCIATES, LTD. Certified Public Accountants Hutchinson, Minnesota April 19, 1995 M MEMBERS OF: MINNESOTA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS AND AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS HUTCHINSON AREA CONVENTION AND VISITORS BUREAU STATEMENT OF FINANCIAL POSITION December 31, 1994 and 1993 ASSETS Current Assets Cash Receivables City lodging tax Advertising Total Current Assets Pro eeM and Equipment Equipment Less accumulated depreciation Net Property and Equipment T TOTAL ASSETS LIABILITIES AND NET ASSETS Liabilities Accounts payable Net Assets Unrestricted TOTAL LIABILITIES AND NET ASSETS See Accountants' Review Report. See accompanying Notes to the Financial Statements. -3- Exhibit A 1994 1993 $ 18,827 $ 13,863 11562 3,112 330 0 $ 20,719 $ 16,975 S 2,776 $ 2,776 (1,477) (976) S 1,299 S 1,800 22 018 18 775 S 0 $ 918 22,018 17,857 22 018 S 18.775 Ewmm General Operating Managtaorm fee Board expense Legal and amwming Office expenses Total General Opwiag Visitor Marketing Travel directory Event brochures Billboard Media dvvtiring Total Vaitor Marketing Group Markd4 Trade shows Welcome matcialr Coupon protnouon Tour brochures Muoellareous Total Group Marketing Co®tmrty Development MultiCommuoi y Development Ca®unny Eduratwn Business appreciation Taal Community Development Relered Associations Aso dim dues Fair booth Total Related Associations ' Conference and Travel Seminars and oorfceaces ' Total Expenses Increase (Decrease) in Net Aseu Net Assets, Beginning of Year NET ASSETS, END OF YEAR See Amaunamr' Revsew Report. See accompanying Notes to the Financial Statement. 4- $ 8,200 S 6,380 f 6,380 Ednibit B 500 STATEMENT OF ACTIVITIES • BUDGET AND ACTUAL 139 750 For The Year Eroded Deounber 31, 1994 750 2,500 With Comparative Actual Atmmh For The Year Ended Deeamber 31, 1993 1994 1993 Revenue Budget Actual Actin • City lodging tax S 24,000 S 22,130 S 23,150 Entered 600 243 216 State Fort 1,800 3,082 Coupon packet 2,000 1,540 2,540 Mircellaaccws 1100 45 210 Total Revenues f 27.800 ; 23958 $ 26.658 Ewmm General Operating Managtaorm fee Board expense Legal and amwming Office expenses Total General Opwiag Visitor Marketing Travel directory Event brochures Billboard Media dvvtiring Total Vaitor Marketing Group Markd4 Trade shows Welcome matcialr Coupon protnouon Tour brochures Muoellareous Total Group Marketing Co®tmrty Development MultiCommuoi y Development Ca®unny Eduratwn Business appreciation Taal Community Development Relered Associations Aso dim dues Fair booth Total Related Associations ' Conference and Travel Seminars and oorfceaces ' Total Expenses Increase (Decrease) in Net Aseu Net Assets, Beginning of Year NET ASSETS, END OF YEAR See Amaunamr' Revsew Report. See accompanying Notes to the Financial Statement. 4- $ 8,200 S 6,380 f 6,380 500 408 139 750 750 750 2,500 1,461 1,833 501 501 S 11,950 f 9,500 ; 9.603 S 1,200 S 865 600 925 S 4,934 1,800 1,500 1,500 7,000 2,540 7,926 S 10.600 $ 5,830 S 14,360 S 1,025 S 682 S 079 500 267 2,073 1,490 • 500 400 85 77 $ 2,725 f 2,524 S 3,525 S 500 500 S 894 250 172 1,250 S 1,066 ; 0 S 100 S 260 f 260 575 ISO 160 $ 675 S 410 S 420 S 600 ; 467 S 343 S 27,800 S 19.797 S 28,251 S 0 S 4,161 S (1,593) 17,857 19.470 S 21,018 • CITY OF HUTCHINSON LIQUOR STORE COMPARISON MAY 1994 MAY 1994 LIQUOR BEER WINE MISC. TOTAL TOTAL BY WEEK 2 1,098 1,608 309 148 3,163 TOTAL 3 1,502 1,468 249 135 3,354 1 4 1,063 2,122 229 187 3,601 2 5 1,646 2,506 441 263 4,856 3 6 2,608 4,817 736 271 8,432 4 7 2,636 5,657 1,146 378 9,817 5 2,582 6,331 821 324 10,038 33,223 9 1,308 1,714 263 130 3,415 10 1,006 2,205 296 160 3,667 8 11 1,074 2,365 394 126 3,959 9 12 1,958 3,712 519 219 6,408 10 13 2,776 6,418 825 383 10,402 11 14 2,870 5.130 1,057 304 9,361 12 3,154 6,921 1,062 420 11,557 37,212 16 838 1,743 207 104 2,892 17 960 2,354 292 93 3,699 15 18 2,057 2,625 344 178 5,204 16 19 1,772 4,194 561 283 6,810 17 20 2,640 6,564 868 425 10,497 18 21 2,483 5,763 840 540 9,626 19 2,917 6,752 1,083 395 11,147 38,728 23 1,052 2,370 294 217 3,933 24 970 2,198 307 202 3,677 22 25 1,696 2,426 515 169 4,806 23 26 2,172 3,901 841 265 7,179 24 27 4,108 8,269 1,080 546 14,003 25 28 3,791 9,275 1,297 857 15,220 26 5,017 8,995 1,217 608 15,837 48,818 30 323 844 87 101 1.355 31 1,255 2,218 363 230 4,066 29 545 1,761 223 233 2,762 5,421 TOTAL 47,662 94,466 14,360 6,914 163,402 93 TOTAL 44,311 82,534 13,751 5.883 146,479 % OF SALE 29 58 9 4 12,737 100 SALES INC OR DEC 16.324 16,923 12 % i 0 CITY OF HUTCHINSON LIQUOR STORE COMPARISON MAY 1995 MAY TOTAL 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1 1,175 1,929 381 120 3,605 2 1,393 2,299 283 201 4,176 3 1,273 2,212 395 162 4,042 4 1,572 3,270 454 182 5,478 5 2,582 6,331 821 324 10,038 6 2,773 5,508 1,103 432 9,816 37,155 8 1,545 1,840 317 134 3.836 9 1,439 1,833 369 138 3,779 10 1,285 2,288 449 190 4,212 11 1,703 3,972 432 324 6,431 12 3,154 6,921 1,062 420 11,557 13 3,195 4,991 1,060 486 9,732 39,547 15 1,184 2,139 311 250 3,884 16 1,618 2,244 498 136 4,496 17 1,394 2,771 343 217 4,725 18 1,659 3,932 477 283 6,351 19 2,917 6,752 1,083 395 11,147 20 3,051 5,741 989 792 10,573 41,176 22 1,319 2,241 337 185 4,082 23 1,274 2,314 327 184 4,079 24 1,750 2,943 493 458 5,644 25 1,939 4,645 518 265 7,367 26 5,017 8,995 1,217 608 15,837 27 4,386 8,008 1,406 706 14,506 51,515 29 545 1,761 223 233 2,762 30 1,887 2,672 512 258 5,109 31 1,476 2,700 464 226 4,866 12,737 TOTAL 54,265 103,252 16.324 8,289 182,130 94 TOTALS 47,662 94,466 14,360 6,914 163,402 % OF SALE 30 57 9 5 100 SALES INC OR DEC 18,728 11 % 76 COUNTY 5/15/ C LEOD COUNTY 15:46 :52 021 CITY DESCRIPT PIONEERLANI RARY SYSTEM COUNTY 34 INTEGRATED ANCIAL SYSTEM IF 0 PAGE 22 STATEMENT OF REVENUES AND EXPENDITURES AS OF 4/30/95 EDD: 5/15/95 13 :00:08 CURRENT YEAR CURRENT Z OF X OF MONTH _ _ -TO -DATE _ BUDGET _ BOGT YEAR FUNDS REVENUES - -- -- - - - -- - RESERVE .00 r• .00 ++ 15,687.000R +a 0 33 -CITY _ . _ _ ._ _ _ - - _ . _ . _ 17,8.76.50CR_ar _ _35_•753.000R i► 719115.000R q 50 33 COUNTY UPERATING .00 *► 10,278.75CR _ a► _ _._ 41,115.000A ___ +t 25 33 STATE OPERATING .00 r► .p0 rr _FEDERAL UPERATING .00 ir_ ,pp rr CAPITAL - _ _- .00 ra .00 ++ GIFTS 20C.000R ►► 670.000R to 400.000R ►t 169 33 INTEREST __,_____.00 y• � ___ CHARGES. FINES 25.30CR rt 146.26CR •+� __ 200.000R rs 73 33 COPY MACHINE .00 rt■ .00 ++ - _ - - - -- - _.00 •r .00 ■r FAX MACHINE .00 ►■ .00 ar - -- - -- -- -- BOOK SALES .DO ■+ .00 +r 600.000R ++ 0 33 rXI OTHER 350.ODCk tr 350.000R u TOTAL REVENUES 189451.60CR ■r► 47,198.01CR rrr 129,508.000R tsy 36 33 EXPENOTTUAFS SALARIES AND WAGES 6.766.76 +a 249731.19 a+ 76,455.00 t♦ 32 33 HEALTH INSURANCE 76.24 ♦+ 304.96 y+ 984.00 tr 31 33 - M�_LTH_INSURANCE - _--- - - -... s . 3.00 rt 0 SS /PtRA /M =_DICARE 756.23 +r 2,914.15 rs - 8,104.00 +r 36 _3E 33 _ BOOKS 1,513.24 rt 6,243.50 r+ 27,000.00 r♦ 23 33 37.12 it 2,440.55 •r 4,000._0_0 sa 33 VIDEO TAPES .00 ►a .00 ++ _61 BINDINGS .00 ►r .00 +s 100.00 rr 0 33 - _ QCLC AND OTHER CHARGES _ 00 ++ .DO y COM VENDOR CHARGES .00 r• .00 •t VEHICLE OPERATION .00 r► .00 p VEHICLE INSURANCE -- ,_ - -_ --- �- �- -.r, TELEPHONE AND LINE CHARGES .00 rt+ -_QQ .00 a+ - POSTAGE AND SHIPPING 72.00 ++ 288.00 a► 950.00 +r 30 33 - __NEW_ EOUIP"T__` -__ .00 ►► yQ ti 4,000.00 ►• 033 - MAINTENANCE AND CONTRACTS .00 rt► 206.74 r+ -- SUPPLIES AND PRINTING .00 r+ 249.30 ►+ 600.00 •+ 42 33 _ __ „_ PROMOTIONAL AND PUBLICITY __ - _ .00_ rr X00 ty MILEAGE AND MEETINGS - STAFF .00 ra .00 ++ MILEAGE AND MEETINGS - TRUSTEES .00 ►► .00 at _ EMBERSHIP3. WORK COMP/PROPERTY/LIABILITY WORK INSURANCE .00 ty 1,234.64 +s 19101.00 as 112 33 ADS AND LEGAL NOTICES .00 rs .00 as - AUDITING .00 ►y 00 ry 58 QO rs 0 33 BOOKKEEPING 9.68 yr 47.81 •r 113.00 ■r 42 33 CONTINUING EDUCATION 000 a+ 000 ++ - LEGAL SERVICES .00 rr .00 - _ STATE SALES TAX .00 •► .00 ►► 200.00 a• 0 33 ---TOT AL EXPENDITURES _ _ _ `� _ 9.231 .j7 rrr 3B�¢¢O.B4 s ►r 13 985.00 r►r 3133 ;i TOTAL FUNDS 99220.53CR yr►r 8,537.17CR + +yr 59523.000R irq 155 33 BA E SHEET AF O, 1995 ASSETS UTILITY PLANT - AT COST LAND 6 LAND RIGHTS DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS 6 ACCOUNTS INVESTMENT - GAS RESERVES MEDICAL INSURANCE BOND 6 INTEREST PAYMENT 1993 BOND RESERVE -- 1993 TOTAL RESTRICTED FUNDS 6 ACCOUNTS CURRENT 8 ACCRUED ASSETS CASH IN BANK INVESTMENTS 6 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE _ INVENTORIES PREPAID INSURANCE TOTAL CURRENT 6 ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 1993 _ TOTAL DEFERRED CHARGE TOTAL ASSETS w w w w TOTAL w w w w 891,734.75 51,502,319.00 52,394,053.75 (16,7691548.98)__ (16,769,549.98) 301,446.99 301,446.99 _35,925,951.76_ 864,905.55 100,000.00 449,684.00 1,38.9_,320.0.0 2,803,909.55 2,051,366.68 548,647.54 1,585,666.37 1,478,333.62 78,060.81 5,742,075.02 _ 178,264.23 _ 178,264.23 44,650,200.56___ 5/25/95 HUTCHINSON U1111 ITIES COMMISSION bAL SHEEI' APRIL 30, 1995 MUNICIPAL EQUITY 6 LIABILITIES _ MUNICIPAL EQUITY MUNICIPAL EQUITY UNAPPROPRIATED RETAINED EARNINGS _ TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -NET OF CURRENT MATURITIES 1993 BONDS TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS 8 ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE TOTAL CONSTRUCTION 6 ACCTS PAY CURRENT 6 ACCRUED LIABILITIES ACCOUNTS PAYABLE INTEREST ACCRUED ACCRUED PAYROLL ACCRUED VACATION PAYABLE ACCRUED MEDICAL FUND ACCRUED REC PAYMENT CUSTOMER DEPOSITS OTHER CURRENT 8 ACCRUED LIABILITIES TOTAL CURRENT 6 ACCRUED LIAB TOTAL MUNICIPAL EQUITY 6 LIAB PAGE ■ w w TOTAL • * • • 29,452,219.76 ( 46_0_, 792_ . 00 ) 28,991,427.76 --- - - - - -- 13,725,000.00 .. ..13,725.000.00 -- - -- -- -- 200,147.34 -- - 200, 147.34 -- -- -_ -- - 1,084,133.02 273,194.40 82,809.23 137.954.76 - - - -..- - - -- -- - - - -.. 39,628.39 75.92 33,844.74 1,733,625.46 44,650,200.56 STATFME.NT OF OME 6 EXPENSES APO, 1995 PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE --- ----- ----- YEAR TO DATE -------------- YEAR TO DATE ----- -------- DEVIATION -------- ------ BUDGET -------------- INCOME STATEMENT OPERATING REVENUE _ SALES - ELECTRIC ENERGY 3,386,148.31 3,393,739.33 3,294,206.75 99,532.58 10,540,505.00 SALES FOR RESALE 510.00 993.00 930.00 63.00 3,100,000.00 NET INCOME FROM OTHER SOURCES 15,344.26 14,853.i8 18,890.00 _ (4,036.82) _ _ 53,000.00 SECURITY LIGHTS 3,674.00 3,632.00 4,620.00 (988.00) 14,000.00 POLE RENTAL .00 .00 .00 .00 4,000.00 SALES - GAS 2,456,273.65 1,961,378.44 2,593,160.00 (631,781.56) 5,650,000.00 TOTAL OPERATING REVENUE 5,861,950.22 3,374,595.95 5,911,806.75 (537,210.80) 19,361,505.00 OPERATING EXPENSES PRODUCTION OPERATION 264,986.14 301,255.71 289,958.49 (11,297.22) 1,004,327.00 PRODUCTION MAINTENANCE 47,709.35 112,644.05 106,405.00 (6,239.05) 193,000.00 PURCHASED POWER 1,795,601.60 1,878,597.96 1,569,945.00 (308,652.96) 3,324,500.00 TRANSMISSION OPERATION .00 .00 .00 .00 3,400.00 TRANSMISSION MAINTENANCE 13,575.16 3,894.39 5,080.00 1.185.61 35,500.00 ELECTRIC DISTRIBUTION OPERATION 60,500.36 84,995.99 71,394.16 (13,601.83) ELECTRIC DISTRIBUTION MAINTENANCE 63,093.99 57,098.81 59,435.27 2,336.46 _213,263.00 125,819.00 MFG GAS PRODUCTION OPERATION 884.24 271.50 .00 (271.50) 2,500.00 MFG GAS PRODUCTION MAINTENANCE 1,041.39 703.73 1,710.00 1,006.27 2_,000.00 PURCHASED GAS EXPENSE 2,024,459.27 1,926,738.45 2,674,465.00 947,726.55 - 19,963 ' iob.00 GAS DISTRIBUTION OPERATION 66,395.25 78,759.53 71,467.95 (7,291.58) 205,602.80 GAS DISTRIBUTION MAINTENANCE 14,173.11 17,583.51 14,389.00 (3,194.51)_ _ 48,400.00 - CUSTOMER EXPENSES 44,526.50 - 49,967.37 43,103.13 _ _ (6,864.24) 152,612.50 CUSTOMER SERVICES 11,599.88 9,852.80 12,506.00 2,653.20 33,800.00 ADMINISTRATIVE 6 GENERAL EXPENSES 411,228.63 529,567.27 510,953.80 <18,613.47) 1,496,684.00 DEPRECIATION 483,333.32 579,999.60 574,200.00 (51799.60) - 1,900,000.00 TOTAL OPERATING EXPENSES 5,303,106.19 5,631,930.67 6,205,012.80 573,082.13 17,704,510.30 OPERATING INCOME 558,842.03 (257,334.72) (293,206.05) 35,871.33 1,656,994.70 OTHER INCOME OTHER - NET 21,041.39 91577.38 _ 24,670.00 _ _ _ <15,D92.62) 77,000.00 INTEREST INCOME 53,862.93 70,353.04 70,000.00 353.04 200,000.00 MISC INCOME 2,947.13 30,533.14 1,830.00 28,703.14 30,°" .00 MISC INCOME - GAS 142,475.90 82,355 -.49 85,000.00 -- _ (2,644.51) 500,000.00 TOTAL OTHER INCOME 220,327.35 192,819.05 181,500.00 51,319.05 807,500.00 OTHER EXPENSES MISC EXPENSES 1,743.24 15,692.33 18,450.00 2,757.67 41,000.00 INTEREST EXPENSE 221,820.00 218,084.00 219,875.04 1,791.04 670,288.00 TOTAL OTHER EXPENSES 223,563.24 _ 233,776.33 238,325.04 4,548.71 711,288.00 CONTRIBUTION TO CITY 162,500.00 162,500.00 168,750.00 6,250.00 675,000.00 TOTAL CONTRIBUTION TO CITY 162,500.00 162,500.00 168,750.00 - 6,250.00 675,000.00 NON -OPERATING INCOME (165,735.89) (263,457.28) (225,575.04) 22,117.76 (578,788.00) NET INCOME 393,106.14 (460,792.00) (518,781.09) 57,989.09 1,078,206.70 MEMO. FOR YOUR INFORMATION • To: Mayor, Coun 6 Planning Commission, and Planning Staff From: Brenda ffilanning Coordinator Subject: Lot Split Form Date: May 23, 1995 Attached is the form that we will be using when an applicant proposes a lot split. The form and the required survey should provide the information needed to properly consider the proposals. If you have any questions or comments, please contact me at 234 -4239. Enc. C J Date Filed: As owner(s) of the property described as I / we do request that the City Council approve the split of the above described lot. (C=1C �) City Parcel ID Number: Address of Property: Property Owner(s): Phone: Signature: County Parcel ID Number: NOTE: A Registered Land Survey identifying the lot split and the two resulting lots shall be submitted with this request. All existing structures and the setbacks from property lines, easements, adjacent streets and rights -of -ways shall be identified on the survey.