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cp05-09-1989 cSUNDAY -7- L" I- IUTCHINSON CITY CALENDAR WEEK OF n �_ May 1__TO r_ tay 13 VJEDNESDAY -10- 10:00 A.M. - Directors Meet at City Hall 7:00 P.M. - Public Hearing at .Jr. /Sr. Cafe- , teria Re. Bluff Street, Waller Drive and Carlisl Street Projects THURSDA -11- MONDAY -8- FRIDAY -12- VACATION 6 CONFERENCE: DOUG METER - May 8 -19 GARY PLOTZ - May 10 -12 Conference TUE '�Y 9- 11:30 A.M. - CAER Committee Meeting at Police Station 2:00 P.M. - Open Bids at City Hall foL Nursing Home Revenue Bond 5:30 P.M. - Special Meetiflg of Nursing Home Board at Burns Manor re. Revenue Bond 7:30 P.M. - City Councdl Meeting at City Hall SATURDAY -13- FISHING SEASON OPENS �r. r a- _:7 AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NAY 9, 1989 1. Call to Order - 7:30 P.X. 2. Invocation - Rev. Lavern Johnson, Bethlehem United Methodist Church 3. Consideration of Minutes - Regular Meeting of April 25, 1989 aR_TR_DpenTng oprn 24, 1989 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - April 1989 2. Nursing Home Board Minutes - March 23 and April 11, 1989 3. Police Commission Minutes - April 26, 1989 • (b) Short -Term "On Sale" Ron-Intoxicating Malt Liquor License for Hutchinson Huskies Baseball Assn. at Veterans Memorial Park Concession Stand for May - August 1989 Action - Motion to order report and minutes filed and issue license 5. Public Hearing - 8_00 P.M. None 6. Communications, Requests and Petitions (a) Consideration of Request By Prudential To Offer City Employees 457 Deferred Compensation Plans As Voluntary Payroll Deduction Action - Motion to reject - Motion to approve (b) Consideration of Request to Operate Food Concession In Library Square During Summer Months Action - Motion to reject - Notion to refer to Park & Recreation Board (c) Consideration of Request By Hutchinson Technology, Inc. to Use Civic Arena And Recreation Center Facilities for Company Picnic On July 15 Action - Motion to reject - Motion to approve 1 CITY COUNCIL AGENDA - MAY 9, 1989 (d) Discussion of Status of Trailer Removal At Midwest Trailer Court Action - (e) Consideration of Request By Hutchinson Assembly of God Church to Use Library Square On July 16, 1989 for Outdoor Concert Action - Notion to reject - Motion to approve 7. Resolutions And Ordinances (a) Resolution No. 8998 - Resolution for Purchase Action - Notion to reject - Notion to waive reading and adopt 8. Unfinished Business (a) Consideration of Additional Fees for R.C.N. Contract (DEFERRED APRIL 25, 1989) Action - Notion to reject - Notion to approve • 9. New Business (a) Consideration of T.H. 15 South Left -Turn Lane Plan And Access Plan In Vicinity of South find of Lynn Road Action - (b) Consideration of Sale of New Dimension Plating Loan to Community Reinvestment Fund Action - Notion to reject - Notion to approve sale and enter into agreement (c) Consideration of Hutchmobile Schedule And Policies Action - Notion to reject - Notion to approve (d) Consideration of Main Street Banners Action - Motion to reject - Motion to approve (e) Consideration of Awarding Bid for Nursing Home Revenue Bond Action - Motion to reject - Motion to approve and adopt Resolution • E CITY COUNCIL AGENDA - NAY 9, 1989 (f) Consideration of Youth Center Location And Concept of Six -Month Trial Period Action - Notion to reject - Motion to approve and authorize City Attorney to formalize lease terms and execute agreement - Notion to adopt Resolution (g) Consideration of Offer for Assessment Payments On Anderson /Beeler Property Action - Motion to reject - Motion to approve (h) Consideration of Accepting Settlement Regarding Korngiebei /Pinske Litigation Action - Motion to reject - Motion to approve settlement (i) Consideration of Settlement Agreement Between City And League Insurance Trust Action - Motion to reject - Motion to approve settlement agreement (j) Consideration of Rental /Purchase of Equipment from Gopher State • Action - Motion to reject - Motion to approve (k) Consideration of Awarding Negotiated Bid for $500,000 In Financing for Hutchinson Community Hospital Action - Notion to reject - Motion to approve and adopt Resolution (1) Consideration of Approval to Do Calcium Chloride Treatment On Les Kouba Parkway In 1989 Action - Notion to reject - Motion to approve (m) Consideration of Fire Department Selling Excess Equipment Action - Motion to reject - Notion to approve 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations And Contract Payments (a) Verified Claims • Action - Notion to approve and authorize payment from appropriate funds 12. Adjournment K3 i 0 0 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 25, 1989 1. The meeting was called to order by Mayor Ackland at 7:30 P.X. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Xikulecky. Also present: City Administrator Gary D. Plotz, Consultant Engineer Marlow V. Priebe and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Walter Marth. 3. MINUTES The minutes of the regular meeting of April 11, 1989 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MARCH 1989 2. PLANNING COMMISSION MINUTES - MARCH 21, 1989 3. HRA MINUTES - MARCH 21, 1989 AND MARCH 28, 1989 4, AIRPORT COMMISSION MINUTES - APRIL 17, 1989 (b) RENEWAL OF ON -SALE NON - INTOXICATING MALT LIQUOR LICENSES 1. CROW RIVER COUNTRY CLUB 2. GODFATHER'S PIZZA 3. GOLD COIN RESTAURANT 4, PIZZA HUT 5. LITTLE CROW BOWLING LANES (c) RENEWAL OF OFF -SALE NOR - INTOXICATING MALT LIQUOR LICENSES 1. CASH WISE FOODS 2. ERICKSON FREEDOM STATION 3. GEORGE'S FOOD 'N FUEL 4. ONE -STOP GAS & GROCERY 5. SOUTHTOWN MOBIL 6. TOM THUMB FOOD MARKET 7. SUPER AMERICA - HWY. 7 & HVY. 15 (d) APPOINTMENT OF JEFF HAAG TO POLICE CIVIL SERVICE COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Xlinar, to order report and minutes filed, issue the licenses and ratify the 1 �I CITY COUNCIL MINUTES - APRIL 25, 1989 is appointment. Motion unanimously carried. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF ALLEY WEST OF ADAMS STREET AND NORTH OF FOOD 'N FUEL Following discussion, Alderman Carls moved that for a period of 60 days to stop traffic with a gate at the north property line of the Credit Union. Notion seconded by Alderman Torgerson. The motion was amended by Alderman Carls to read that the gate goes up one week after signs are posted, and signs should be signed and posted with all deliberate speed. Alderman Torgerson seconded the amended motion and unanimously carried. Main motion carried unanimously. (b) PRESENTATION BY CHUCK BARGER OF RCN OF WATER PLANT IMPROVEMENTS COVERING FILTERS AND PUMP CONTROL SYSTEMS AND AUTHORIZE ADVERTISING Mr. Chuck Barger reported on the filters and pump control systems at the water plant. Following discussion, Alderman Mlinar moved to ap- prove the water plant improvements of filters and pump control systems and advertise for bids on June 2, 1989. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF PETITION FROM CLIFTON HEIGHTS RESIDENTS FOR IMPROVEMENTS, STREET LIGHTING AND TRAFFIC SIGNS Following discussion, Alderman Carls moved to approve for the 1990 im- provement project list and refer to the Utilities, Police and Street Departments and City Administrator. Motion seconded by Alderman Tor- gerson and unanimously carried. (d) WITHDRAWN FROM AGENDA (e) UPDATE REPORT BY BILL BASSETT ON LOBBYING ACTIVITIES BY COALITION OF GREATER MINNESOTA CITIES Mr. Bill Bassett presented an update report on legislative action and what the Coalition is doing. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8993 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8993. Notion unanimously car- ried. 2 0 CITY COUNCIL MINUTES - APRIL 25, 1989 8. UNFINISHED BUSINESS (a) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 89 -03, LETTING NO. 3 (DOWNTOWN SPRINKLING PROJECT) Mr. Dwayne Peterson represented the HCDC Finance Committee and reported on the proposed formula from its April 25, 1989 meeting. The property owners with either no basement or a basement under 1,500 sq. ft. would have a 5300 deferred assessment, and the additional amount from the Revolving Loan Fund would be $135,285. Following discussion, Alderman Carls moved to approve the report and set hearing for May 23, 1989 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8981 and No. 8982, and make an alternate that the 5300 assessment not be deferred but rather be an activated assessment. Motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF PUBLIC PARKING LOT FOR NORTH MAIN STREET UNDER THE DEVELOPMENT DISTRICT PROGRAM TAX INCREMENT FINANCE PLAN OF 1980 Administrator Plotz reported on the alternatives for the parking lot situation. Engineer Priebe recommended deferring the item for a re- view by the Street Department for the cost of gravel on the lot or possibly leasing the lot. Alderman Mlinar moved to defer to May 9, 1989. Notion seconded by Ald- erman Torgerson and unanimously carried. (c) CONSIDERATION OF REJECTING BID(S) FOR REMOVAL OF TRAILERS AT MIDWEST TRAILER COURT (DEFERRED FEBRUARY 28, 1989) Following discussion, Alderman Torgerson moved to reject the bid from Duiamond 5 Wrecking, Inc. Motion seconded by Alderman Mlinar and unan- imously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Alderman Mikulecky moved to discontinue service on May 1, 1989 unless other arrangements had been made, and to defer payment to May 25 for Dr. Steven DeKoster. Motion seconded by Alder- man Torgerson and unanimously carried. (b) CONSIDERATION OF ADDITIONAL FEES FOR RCM CONTRACT Following discussion, Alderman Mikulecky moved to defer until the next meeting for additional figures from RCM. Motion seconded by Alderman Mlinar and unanimously carried. 3 CITY COUNCIL MINUTES - APRIL 25, 1989 (c) CONSIDERATION OF PROPOSED CONSTRUCTION AGREEMENT WITH MN /DOT FOR TRUNK HIGHWAY NO. 22 PROJECT Following discussion, Alderman Torgerson moved to approve and enter Into agreement and to waive reading and adopt Resolution No, 8997. Motion seconded by Alderman Carle and unanimously carried. (d) CONSIDERATION OF REQUEST FROM HUTCHINSON MANUFACTURING & SALES INC. FOR CITY SEVER HOOK -UP Administrator Plotz recommended obtaining surveys from other cities to determine their policy(s) for hook -up charges. Alderman Torgerson moved to defer to May 9, 1989. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF ELECTRICAL SERVICE AT OLD WASTEWATER TREATMENT PLANT BY QUADE'S ELECTRIC It was reported the cost would be $2,200 to complete the electrical service, plus the cost for an electrical inspection. Following dis- cussion, Alderman Mlinar moved to approve the work. Motion seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF UNDERGROUND SPRINKLING SYSTEM AT VETERANS MEMORIAL FIELD Following discussion, Alderman Carle moved to approve the sprinkling system, based on the memorandum from the Interim Parks & Recreation Di- rector to take $9,500 from the chemical budget and one -half ($5,100) from the salary savings for a Recreation Director. Motion seconded by Alderman Mlinar and unanimously carried. Interim Director Haugen reported bids had been received for this proj- ect; however, one of the four bidders presented an alternate bid on the sprinkling system. It was the legal opinion of the City Attorney that the specifications had been changed, and the City only had one bid. It was his recommendation to obtain quotes from the other three low bid- ders. Alderman Carle moved to direct the Interim Park & Recreation Director to contact all three lower bidders with the specifications to receive quotes. Motion seconded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF REQUEST FROM SCHOOL DISTRICT NO. 423 REGARDING SIDEWALK AND STREET LIGHTS Following discussion, Alderman Carle approved the request for the new school. Motion seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF AWARDING 1989 GASOLINE AND DIESEL FUEL CONTRACT FOR CITY VEHICLES 4 0 CITY COUNCIL MINUTES - APRIL 25, 1989 Following discussion, Alderman Mlinar moved to approve and award the quotation to Cenex Co -Op for 5.059 per gallon over the Koch price. Motion seconded by Alderman Torgerson and unanimously carried. (i) CONSIDERATION OF CURBING AROUND PET HOSPITAL'S EAST AND NORTH ENTRANCES AND DIAGONAL PARKING ALONG NORTH SIDE OF PROPERTY RIGHT- OF -VAY Dr. & Mrs. Curtis Reiter presented a proposed site plan for improve- ments at the Hutchinson Pet Hospital. Following discussion, Alderman Torgerson moved that the Engineering Department do a survey and study of the curb to extend it back as far as possible without doing a sur- vey of the whole street and get a cost estimate for the project. Mo- tion seconded by Alderman Mlinar and unanimously carried. (j) WITHDRAWN FROM AGENDA (k) CONSIDERATION OF REVISED LAYOUTS FROM MN /DOT FOR HWY. 7 EAST PROJECT Following discussion, Alderman Carla moved to defer. Motion seconded by Alderman Nikulecky and unanimously carried. (1) CONSIDERATION OF ESTABLISHING HANGAR RENT FOR NEW HANGAR AT MUNICIPAL AIRPORT AS RECOMMENDED BY AIRPORT COMMISSION Mr. John Miller appeared before the Council to express concern regard- ing some of the actions taken by the Airport Commission. Following discussion, Alderman Carle moved to send all related items back to the Airport Commission for further consideration. Motion seconded by Ald- erman Mlinar and unanimously carried. (m) CONSIDERATION OF CHARGING HANGAR RENT FOR CIVIL AIR PATROL PLANE AT MUNICIPAL AIRPORT AS RECOMMENDED BY AIRPORT COMMISSION Following discussion, Alderman Carla moved to send all related items back to the Airport Commission for further consideration. Motion sec- onded by Alderman Mlinar and unanimously carried. (n) CONSIDERATION OF EXTENDING CONDITIONAL USE PERMIT REQUESTED BY CLARK MILLER OR A & W RESTAURANT SITE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carla moved to approve the extension. Motion seconded by Alderman Mlinar and unanimously carried. (o) CONSIDERATION OF FINAL PLAT OF MAC SUBDIVISION (TWO NILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to refer to the County with no objection. Motion seconded by Alderman Mikulecky and unanimously carried. 5 CITY COUNCIL MINUTES - APRIL 25, 1989 E (p) CONSIDERATION OF BEGINNING ANNEXATION PROCEEDINGS ON TRACT IN SECTION 1 LYNN TOWNSHIP OFF SOUTH GRADE ROAD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to refer back to the Planning Commission for additional information. Motion seconded by Alderman Carls and unanimously carried. (q) CONSIDERATION OF BEGINNING REVISED ANNEXATION PROCEEDINGS ON MCDONALD PROPERTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to refer to the Municipal Board. Motion seconded by Alderman Carls and unanimously carried. (r) DISCUSSION OF BURGER KING SITE PLAN WITH RECOMMENDATION OF PLANNING COMMISSION It was the recommendation of the Planning Commission that the house located on Hwy. 7 East adjacent to the site be removed and the open excavation be filled in, and also the open excavation to the north of Gas 'N Grocery be filled and restored to a buildable condition within 20 days of notice by the City. Following discussion, Alderman Carls moved to direct the City Attorney to take the necessary steps to accomplish the recommendations of the Planning Commission. Motion seconded by Alderman Mlinar and unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that six proposals were received for remodeling or replacement of City Hall. A summary report will be pre- pared and distributed to the Council members. (b) COMMUNICATIONS FROM COMMUNITY EDUCATION DIRECTOR Mr. Jim Mills reported that the Spanky's facility would be available for use as a youth center for 53,000 /month rent. The school district bad youth development funds available for this project; however, addi- tional funding was needed. It was suggested that a six -month lease arrangement be entered into between the City and School District with the owner of the property. Following discussion, Alderman Mlinar moved to approve the resolution from the Youth Development Planning Committee and negotiate a proposal for recommendation. Motion seconded by Alderman Torgerson and unani- mously carried. 0 CITY COUNCIL MINUTES - APRIL 25, 1989 0 0 (c) COMMUNICATIONS FROM CONSULTANT ENGINEER MARLOW PRIEBE Engineer Priebe reported that bids were received on April 24, 1989 for Letting No. 2 and Letting No. 4. It was his recommendation to order the preparation of Assessment Roil No. 250 for Letting No. 2 and set a public hearing for May 23, 1989 at 8:00 P.M., and to reject the bids for Letting No. 4 and advertise for bids on May 15, 1989 at 2:00 P.M. Following discussion, Alderman Mlinar moved to approve and waive read- ing and adopt Resolution No. 8994 and No. 8995 for Letting No. 2. Motion seconded by Alderman Carls and unanimously carried. Following discussion, Alderman Mlinar moved to reject the bids, adver- tise for bids on May 15, 1989, and to waive reading and adopt Resolu- tion No. 8996. Motion seconded by Alderman Carls and unanimously car- ried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12, ADJOURNMENT There being no further business, the meeting adjourned at 10:10 P.M. 7 • • MINUTES BID OPENING MONDAY, APRIL 24, 1989 City Administrator Gary D. Piotz called the bid opening to order at 2:00 P.M. Also present were Consultant Engineer Marlow V. Priebe and Administrative Sec- retary Marilyn Swanson. The reading of Publication No. 3978 and No. 3979 was dispensed with lowing bids were opened and read: LBTTI80 10, 2 Juul Contracting Co., Inc. Hutchinson, MN N. H. Snider Construction Co. Slayton, MN LETTIRO 80, 4 Wm. Mueller & Sons, Inc. Hamburg, MN Bauerly Bros., Inc. Sauk Rapids, MN Mid Minnesota Hot Mix Annandale, MN $219,848.75 (A & B) Deduct $1.50 /ft. 259,793.40 (A & B) Deduct $1.00 /ft. $86,419.40 87,509.30 79,674.56 The bids were referred to the Engineering Department for review. The bid opening adjourned at 2:10 P.M. The fol- • 0 0573[ nts eaC. L�. yy rp.a C -404 U. S."PM1TWNT of COMMtato la.t.aal uNNVO rN CtNSUS Period In which Patients leer"" I IPla.w Tames any Mora N home and ndSsn, Icarani DP C." REPORT OF BUILDING OR 553 ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 103500 27 9 9999 095 1 0 26 9999 02730 DANES MARIA OLDS OFFICIAL Of your building permit system Ma changed. mark fXl appropriate boa below and eaplaM M commen4. CITY HALL 37 WASHINGTON AVE WEST ❑ Discontinued issuing permits HUTCHINSON RN 55350 ❑ Merged with another system ❑ Split into two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL Had other changes THIS FORM ON OR BEFORE It no permits wore issued tluring Bureau of the Cen.ue Instructions are included. For This period, mark 1X1 in the box ❑ 1201 East Tenth Street further assistance, p0 collect and return this form effs summille, IN 47132 VATELY OWNED 13011763-7244. NEW RESIDENTIAL PUBUCLY OWNED HOUSEKEEPING 78uJidings Number of BUILDINGS Valuation of Valuation of Housing construction Buildings Housing g construction unite Omit cants units Orn/ t centt Icl (dl la) Ill ( ) Single - family houses, detached Exclude mobile homes. 5 $395,224 Single - family houses. attached - Separated by ground to roof wall, -No units above or below, and - Separate heeling systems end utility meters. (Count each unit as s separate building) t02 Two - family buildings 103 Three - and four - family buildings 104 Five -or -more family buildings 106 TOTAL — Sum of 101 -106 = 0 108 NEW RESIDENTIAL PRIVATELY OWNED PUBUCLYOWNED NONDINGS EEPING Item Number of Number of BUILDINGS Valuation of Valuation of No. Buildings Rooms construction 0 cants "dings ng Rooms construction Omit CMts Is) 01 lei Id1 of 111 (9) Hotels. motels. and tourist cabins (transient accommodations only) 213 Other nonhousekeeping shelter 214 NEW PRIVATELY OWNED PUBLICLY OWNED NONRESIDENTIAL Number n Valuatio of Number Valuation of BUILDINGS Item No. of construction of construction buildings Omit rents buildings Omit cents 1.1 Ibl IN Id? NI Amusement, social, and recreational 318 Churches and other religious 318 ' Industrial 320 Parkin era es Ibuildin send open decked) 321 Service stations antl repair garages 322 Hospitals and institutional 323 Offices, banks. and professional 324 Public works and utilities 325 Schools and other educational 326 Stores and customer services 327 Other nonresidential buildings 328 S 725.00 Structures other than buildings 328 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS. AND Item CONVEgSIONS Number Valuation of Number Valuation of No. of construction of construction buildings Omit cents buildings Omit cents L1 Ib1 1U l41 a) Residential — Classify addition. of garages and carports in item 438. 434 5 4 8,950.00 Nonresidential and nonhousekeeping 437 5 S68,500.00 1 S 5,000.00 Additions of residential garages and carports r attached and detachedl 438 1 $24,000.00 /LCAbE, CVN I INUE UN RE YERSE SIVE �� EMOLITIONS AND PRIVAT • WN I LV W AZING OF UILDINOS Ile lam Number of Number of Buikatgs Xousirp Bu60Ktgs Mousing units units 7SVh-or-mm (a) Ibl Icl fill al uflnachld,nddeachadI N6 e 411- and mll buildings 647 Y builEln a 646 All other buiidin a and structu res bQ RMMWMUR INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 6600,000 OR MORE Meson provide the followlnyy Information for each permit authorizing construction valued at $500.000 W more entered In sections I through IV. Item No. Owner- Numbs, of from Description Name and address of ship Valuation of erg, owns, or builder Merk W construction Noosing Suikinpa I —IV one units LI Ibl ICI Idl LI In 191 Kl,d or Wlkinp ------------------------------------ ❑Private Shea eddnrr 1 Kind of bulking __ ___________________ ____ _______________________________ 1:1 Private ❑PUWk e Kind el lwedlnp ____ _______________________________ Si; ;;di.; ________ ____ _______________________________ ❑ham i KW of b"N _______________________________ SM aaaeN _____________ 6 Kind of building _ _______________________________ ____ _______________________________ ❑raven SM sddnss 6 Kkd of buad'vtg __ ______________Saddress ___ _______________________ --------- ❑pmats ________________ S adds 6 Kind of bulking ----------------- ____ _______________________________ _----- Seas sadreN ___ _______________________________ OPUbk e Kkd el building ____ _______________________________ oPnwata 6 Aina of vm __ --------------------------------- �Mvab Slu ila.w _______________________ f Comments Am You awes of any new pormltdssuing jurisdictions? ®No ❑ Yes — Please give additional information in comments. Nome of person to contact regarding this report James G. NdII[d Telephone Title Area code Number E+tenvon Bul ;din Official .ow c+o. n sae 612 B — • 0 BURNS MANOR MUNICIPAL NURSING HOME Minutes - March - 1989 The Board of Directors for Burns Manor Municipal Nursing Home met Thursday, March 23, 1988 at 12:00 noon in the small dining room. President Larry Graf presiding. Members present: Larry Graf Marge Putney Ancher Nelsen Members absent Guests: Press: Elaine Black Kay Peterson Pat Mikulecky Mavis Geier Jim Mills Mayor Paul Ackland Gloria Dansereau Bill Hargis - Good Neighbor Jane Hodgins - Hutchinson Leader Bob Walters - KDUZ Radio Burns Manor board meeting was called to order by President Larry Graf . APPROVAL OF MINUTES A motion was made by Pat Mikulecky and seconded by Marge Putney to approve the minutes of February 23, 1989. All in favor. Motion carried. APPROVAL OF BILLS A motion was made by Kay Peterson and seconded by Pat Mikulecky to approve the bills in the amount of $53,177.16. All in favor. Motion carried. MEMORIAL 7UND $25,000.00 was received from the Helen Zelany estate. OLD BUSINESS A. Smoke Free: A motion was made by Pat Mikulecky and seconded by Kay Peterson that Burns Manor be smoke free for staff and visitors by January 1, 1990. Residents may smoke under supervision. B. Sale of Bonds: Bill Hargis, President of Good Neighbor, recommended that the nursing home issue revenue bonds that will be repaid from nursing home revenues. The state officials have approved a consulting contract between Burns Manor and Good Neighbor, the negotiations have not been finalized. He stressed that plans for the facilities future must continue. A motion was made by Kay Peterson and seconded by Ancher Nelsen that the board recommend the City of Hutchinson finance the capital improvement of Burns Manor. All in favor. Motion carried. Mr. Hargis recommended the board and memorial committee members serve on the nursing home finance, operations and capital improvements. March Minutes Page 2 A motion was made by Pat Mikulecky and seconded by Kay Peterson that l Larry Graf structure the appointments. All in favor. Motion carried Larry Graf thanked Gloria Dansereau for 11 years of dedicatied service. Ancher Nelsen will present Gloria with a plaque that he made. NEW BUSINESS A. Election of Officiers: A motion was made by Ancher Nelsen to nominate Larry Graf for President, seconded by Marge Putney. All in favor. Motion carried. B. Vice President: A motion was made by Marge Putney to nominate Ancher Nelsen for Vice President, seconded by Pat Mikulecky. All in favor. Motion carried. C. Legislature: A motion was made by Kay Peterson, seconded by Marge Putney to approve Ancher Nelsen meeting with Bill Hargis and John Bernhagen to draft a bill for the legislature. All in favor. Motion carried. D. Ancher Nelson reported on the meeting he attended. E. Thanks to Ancher: Bill Hargis thanked Ancher Nelsen for the valuable assistance he has given in formulating the Good Neighboto and Burns Manor agreement . The state has given tentative approval to the consulting agreement. F. Meeting Time: A motion was made by Pat Mikulecky and seconded by Kay Peterson to change the time of the monthly meeting to 12:00 noon. All in favor. Motion carried. A motion was made to adjourn by Pat Mikulecky and seconded by Kay Peterson. All in favor. Motion carried. There being no further business, President Larry Graf adjourned the meeting 0 March Minutes Page 3 The Burns Manor board of Directors will meet Thursday, April 27, 1989 at 12:00 in the small dining room. ATTEST: arry braT, vresicen Respectfully submitted: M vis J G ier, Secretar, BURNS MANOR MUNICIPAL NURSING HOME Minutes - April - 1989 The Board of Directors for Burns Manor Municipal Nursing Home met Tuesday, April 11, 1989 at 6:30 p.m. in the small dining room for a special meeting. President Larry Graf presiding. Members present: Larry Graf Kay Peterson Ancher Nelsen Pat Mikulecky Elaine Black Jim Mills Mavis Geier Members absent: Marge Putney Guests: Bill Fahey, Bond Consultant Press: Jane Hodgins - Hutchinson Leader Bob Walters - KDUZ The report given by Bill E. Fahey to the Burns Manor board of Directors and the Hutchinson City Council addressing Burns Manor Nursing Home Financing is made a part of the April 11, 1989 minutes. The nursing home board will have to resolve the use of restricted funds. A motion by Pat Mikulecky, seconded by Jim Mills to request the city council to proceed and pass the bond issue to finance nursing home improvements. All in favor. Motion carried. A motion was made to adjourn by Kay Peterson, seconded by Jim Mills. All in favor. Motion carried. There being no further business, President Larry Graf adjourned the meeting. Respectfully submitted Mavis J.6eier, Secretary ATTEST: Carry Graff- President' /_�* 0 0 HUTCHINSON POLICE COMMISSION MEETING The Police Commission met on April 26, 1989 at 7:00 p.m. at the Police Department. Jeff Haag, Delores Saar and Kevin Compton were present. The purpose of the meeting was to review the applications for the Liaison Officer and the Patrol Officer positions. The following twelve applicants were selected as finalists for the position of Police /Liaison Officer. Carl Zeidler, Kelley Jonnson, Kevin Langer, Kevin Stenson, Leonard Swanberg, Michael Bulozomi, Charles Jones, Jeffrey Harapat, Douglas Hoffman, Bruce Lindgren, Jeffrey Kaping, Robert Swenson. They will be notified that they are being considered further and asked to answer the following two questions. 1) What reason do you have for seeking the position of School Liaison Officer in Hutchinson? 2) What primary funciton do you see as being most critical in being an effective Liaison Officer? These answers must be returned to the Chief of Police by May 10, 1989. The candidates for patrolman were narrowed with the intention of reducing it to 15 applicants. That process will continue at the next meeting. The next meeting was scheduled for Tuesday, May 2, 1989 at 12:00 noon at the Police Department. j Y (612) 587.5151 HvrCy" CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN, 55350 • • MEMO MAY 9, 1989 TO: MAYOR & CITY COUNCIL ------------------------------------------------------ - - - - -- FROM: KEN MERRILL, FINANCE DIRECTOR ------------------------------------ ----------------------- - - - --- SUBJECT:MARCH FINANCIAL REPORT ---------------------------------------------------------- - - - - - -- Attached is the March financial report which was inadvertently left out of your packet of April 25th. /� -�?. MARCH CITY OF HUTCHINSON FINANCIAL REPORT - 1989 MARCH REVENUE REPORT - GENERAL FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE • MARCH DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 26378.46 1278791.00 1252412.54 2.1% LICENSES 6512.50 7422.50 19825.00 12402.50 37.4% PERMITS AND FEES 6565.14 10153.09 90000.00 79846.91 11.3% INTER - GOVERNMENT REVENUE 1425.73 110289.42 1549218.00 1438928.58 7.1% CHARGES FOR SERVICES 27817.64 89166.35 515362.00 426195.65 17.3% FINES & FORFEITS 5558.95 8779.47 35500.00 26720.53 24.7% MISCELLANEOUS REVENUE 10430.37 27599.48 156556.00 128956.52 17.6% CONTRIBUTIONS FROM OTHER FUNDS 75000.00 75000.00 426000.00 351000.00 17.6% REVENUE FOR OTHER AGENCIES - 277.75 -4.74 200.00 204.74 -2.4% TOTAL 133032.58 354784.03 4071452.00 3716667.97 8.7% EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL 5642.93 9896.13 32940.00 23043.87 30.0% CITY ADM. /CITY CLERK 12139.45 40823.65 141512.00 100688.35 28.8% ELECTIONS 0.00 0.00 2768.00 2768.00 0.0% FINANCE 15147.38 61166.49 225914.00 164747.51 27.1% MOTOR VEHICLE 5228.33 18237.77 64074.00 45836.23 28.5% ASSESSING 0.00 0.00 20700.00 20700.00 0.0% LEGAL 2641.25 7702.25 41000.00 33297.75 18.8% 3625.97 5378.54 12475.00 7096.46 43.1% •PLANNING CITY HALL 2811.21 10069.77 41856.00 31786.23 24.1% RECREATION BUILDING 3446.91 10802.15 57366.00 46563.85 18.8% POLICE DEPARTMENT 69504.73 243435.65 836667.00 593231.35 29.1% FIRE DEPARTMENT 7061.78 23567.01 104915.00. 81347.99 22.5% COMMUNITY SERVICE OFFICER 2542.92 7147.33 30482.00 23334.67 23.4% SCHOOL LIAISON OFFICER 0.00 0.00 22039.00 22039:00 0.0% BUILDING INSPECTION 4720.70 17114.94 61908.00 44793.06 27.6% EMERGENCY MANAGEMENT 0.00 0.00 13238.00 13238.00 0.0% SAFETY COUNCIL 0.00 0.00 150.00 150.00 0.0% FIRE MARSHALL 3816.59 12496.97 50840.00 38343.03 24.6% ENGINEERING 12073.41 49589.77 224454.00 174864.23 22.1% STREETS & ALLEYS 28945.06 88774.26 366040.00 277265.74 24.3% STREET MAINTENANCE A/C 5588.76 14770.08 89900.00 75129.92 16.4% LIBRARY 14860.98 31274.42 68791.00 37516.58 45.5% SENIOR CITIZEN CENTER 5680.93 16318.45 82860.00 66541.55 19.7% PARK/REC. ADMIN. 5841.05 19283.79 95151.00 75867.21 20.3% RECREATION 6039.94 25490.99 153472.00 127981.01 16.6% CIVIC ARENA 13674.04 48051.95 112411.00 64359.05 42.7% Pr1RK DEPARTMENT 27648.81 82511.46 409116.00 326604.54 20.2% CEMETERY 3899.53 11067.61 49132.00 38064.39 22.5% CCHMLti[TY DEVELOPMENT 2219.86 8874.19 33150.00 24275.81 26.8% DEBT SERVICE 1500.00 4500.00 57000.00 52500.00 7.9% AIRPORT 1404.90 3567.29 55075.00 51507.71 6.5% TRA'iSIT 8319.62 25284.05 129016.00 103731.95 19.6% E`;FR„l COUNCIL 79.68 7274.10 30000.00 22725.90 24.2% .:'.D.P. CJORDINATRO 2795.83 12837.74 0.00 - 12837.74 0.0% CNALLCCATED 2172.05 32140.04 355040.00 322899.96 9.1% TOTAL 9_81074.60 949448.84 4071452.00 3122003.16 23.3% cMARCH 0EVENUE REPORT - LIQUOR FUND CITY OF HUTCHINSON FINANCIAL REPORT - 1989 MARCH ENTERPRISE FUNDS CURRENT YEAR TO ADOPTED BALANCE PERCENTAGE MARCH DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 34916.47 96331.08 447800.00 351468.92 21.5% WINE SALES 10095.39 26255.23 160300.00 134044.77 16.4% BEER SALES 49743.14 132574.47 700300.00 567725.53 1819% BEER DEPOSITS -77.63 - 137.29 0.00 137.29 0.0% MISC. SALES 2361.37 7072.64 45000.00 37927.36 0.0% INTEREST 461.77 1155.24 5600.00 4444.76 20.6% REFUNDS & REIMBURSEMENTS 0.00 0.00 0.00 0.00 18.9% CASH DISCOUNTS -50.55 - 106.09 - 2800.00 - 2693.91 0.0% TOTAL 97449.96 263145.28 1356200.00 1093054.72 19.4% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 9775.76 38322.90 133169.00 94846.10 28.8% SUPPLIES, REPAIR & MAINTENANCE 83.08 197.54 4700.00 4502.46 4.2% OTHER SERVICES & CHARGES 1399.97 3700.79 39800.00 36099.21 9.3% MISCELLANEOUS 0.00 0.00 8900.00 8900.00 0.0% CAPITAL OUTLAY 788.32 788.32 29000.00 28211.68 0.0% TRANSFERS 0.00 0.00 110000.00 110000.00 0.0% COST OF SALES 77492.26 194795.19 1032600.00 837804.81 18.9% wHER 0.00 0.00 - 2300.00 - 2300.00 0.0% TOTAL 89539.39 237804.74 1355869.00 1118064.26 17.5% REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS 0.00 0.00 0.00 0.0% WATER SALES 43835.23 117152.72 506000.00 388847.28 23.2% WATER METER SALES 2170.00 3365.30 6500.00 3134.70 51.8% REFUSE SERVICES 40403.26 102692.25 412000.00 309307.75 24.9% SEWER SERVICES 121483.42 327984.89 1147000.00 819015.11 28.6% EPA SALES 0.00 0.00 0.00 PENALTY CHARGES 1532.81 3624.40 11000.00 7375.60 0.0% INTEREST EARNED 3137.57 20177.99 60000.00 39822.01 33.6% REFUNDS & REIMBURSEMENTS 1523.00 1802.32 2000.00 197.68 0.0% OTHER 19478.00 19959.00 2000.00 - 17959.00 998.0% TOTAL 233563.29 596758.87 2146500.00 1549741.13 27.8% EXPENSE REPORT - WATER SEWER /FUND REFUSE 40721.80 142424.50 411438.00 269013.50 34.6% A&ATER 112574.35 170140.51 853683.00 683542.49 19.9% :WER 197884.07 337895.66 1805816.00 1467920.34 18.7% 'ASIE TREATMENT PLANT CONSTRUCT. 15861.76 23519.76 0.00 - 23519.76 TOTAL 367041.98 673980.43 3070937.00 2396956.57 21.9% 11 RETAIL "ON SALE" �btdtc of Aill11t5ow, COU.rTl- OF Leod_, „,_,., .... .. .. _..,._L7 ty. .. ..OF ............... .)IUt.cil.lnson .. .......... ........._. _. ... _._.. To the _._.... City ........ ... Council ..............of the ....... City ........... ........ ....... of...... Rutchinson .... ......... State of A"Resota: Hutchinson Tr&Ye-}ers Baseball Assn. ._._.._ ___ __._._....... _. ............. .............. ...._........._. _._.._ hereby aPPI i BS or a license for the term, of.... from the __...'!” .........day of... /Y,l a..l . _.._. _.., 19....ti f to ni! At Retail Only, Non - Intoxicating Malt Liquors, ua the same are drilned by law, for consumption "ON" tlwee certain premises in the _........_. ......... _. ...... . _ _._ ..........City .._._... _...._. ........._._..oj .Hutchinson .. d"mbrd as /ollaws, to-wit:... _._._.... ......... _ .... ....... ... ......... ._.... ._ __..... Concession Stand L��tr�ack Ve_�v -�awi ili�rnor�a1 tY��k.. at which place sail applicant_... operate sthe b+"iness of and to that end represent _. and elate, .... as follows That said apelicant._.....1 s a _.. ....... ........- .......eilisen _..... of the United States; of good moral clwracter .......... _ . and repute; and hn _ attained the age of $1 years; that ..... ........ _.... ...... .... ._ ... .... ........ ......._.... proprietor the est,,Ni.vluuent for which the license will be issued d/ this application is grantrd. That na n+annfacturer of such rain- intoxieatdng malt liquor has any ownership, in whole or in part, in said business of said applicant ..._. or any interest therein; That said applicant. make application pursuant and subject to all the laws of the Slate of .lfinnesota and the ordinances and regulations of said......_..... C7 ty............. ........................_............_..... ........................._..... upplicable thereto, whi. -A nee hereby made a part hereof, and hereby agree......to observe and obey the sane; ........... .. ... ......... ....._ .......... _ ..... _ ... ._......._. _.. INO..u4 gM..vaW,vm.vta lt •__..._...._...... _....... ..............._....... ur. a but nvvlvuay.) Recommend approval with restrictions and requi reme is as ig past. No beer allowed to be brought into III ca Cher or bat park ntic. from o tside Drivers license I.U. to be required for purchase 1 Beer not to be consumed off ball park area. l% � �4Lffi Pi Each applicant farther slates tdmt Jle is not now the holder of, nor has _/le made application for, mw dues —he intend to make application for a Federal Retail Dealer's Special tai stamp for the sale of urtozicallog liquor. Dated / /. /L.G�._..nl...� ............. 18.��. L' 'G(q�y..�.� ..._.. / _ ........ ........4........ ..-:,-::................_.... ............................ ._.. .4ppiicant ... P. 0..4ddress..._....... - _. -. • The Prudential / low Mr. Gary Plotz City Administrator Hutchinson, Minnesota Dear Gary, Charles A. Becker, CLU Agent Emeritus and Registered Representative Private Office 101 Park Place, Hutchinson, MN 55350 612 587 -3207 rP This is in reference to Section 457 of the Internal Revenue Code. We seek authorization to offer to enployees of the City of Hutchinson, Prudential products that qualify under the Code. Sincerely, Charles A. Becker, CLU & Paul E. Peterson, CLU ChFC. Nat,.der :ewer / Pruco Secunties Corporauon. N"3 M, NJ 07101 (� u Is APR 1989 RECEIVED r iU w 4/24/89 s °� •.�....�w�/ Dear Mr. Mayor and City Council This letter is to express my desire to operate a food concession in the park adjacent to Peter's during the summer months. I believe that this could enhance many of the events taking place there and also help me when these events consume all of the available parking around our restaurant. I can ensure that the portable unit will be attractive and operated in a businesslike manner. epectl5i � 2: Peter's Restaurant & Lounge � Jj-, V,Y PARKS • RECREATION • FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 (612) 587 -2975 SENIOR CENTER CIVIC AREN. 587.8564 587.4279 TO: Mayor b City Council FROM: Mary Haugen, Civic Arena /Pool Manager DATE: May 4, 1989 RE: 1989 H.T.I. Picnic Hutchinson Technology Incorporated has requested approval to rent the Civic Arena, the Recreation Center, and Linden Park on July 15, 1989 for their annual employee picnic. The conditions and activities are basically the same as the 1988 picnic. A total rental fee of $800 will be charged. The attached information sheet from H.T.I. details the activities and general information regard- ing the picnic. The 1988 picnic was handled quite well and supervision of activit- ies including the dance was more than adequate. A volunteer clean- up crew did an excellent job of keeping the facilities in good condition. Based on this information, the Parks 6 Recreation Board has discussed the issue and feels approval is in order. It's my understanding that in this case, permits for alcohol are not necessary (similar to 3M's steak frys). H.T.I. has been informed to verify this the Police Department. We are looking forward to once again working with the picnic committee to help make this event a continued success. klm C!' 'e- The Hutchinson Technology Incorporated Picnic Committee requests approval for the use of the Hutchinson Civic Arena /Recreation Facility on July 15, 1989. HTI will be using these facilities and surrounding grounds for the 1989 company picnic. General information regarding this use follows: - Interior set up and decoration will take place Friday evening, July 14. - Picnic hours are 11 a.m. until 4 p.m. - Picnic activities to include: • Meal • Concessions • Children's games Family activities • Volleyball tourney (9 -4) Tug -of -war Small animal petting zoo (2 -4) - Adults only dance to run 7 p.m. to 11 p.m. using Civic Arena only. - Crow River Band to provide entertainment. - HTI will allow, but not provide alcohol. - Pop will be provided free of charge. - No glass bottles or kegs allowed. (Above three conditions are the same as last year.) - HTI picnic committee to arrange for /provide clean -up for facility and all grounds. - HTI to pay a total of $800 for rental of the facilities: $300 - Civic Arena $300 - Recreation Center $200 - Park /Grounds (These terms agreed to by Mary Haugen.) - HTI will not be renting the swimming pool. Picnic guests may swim for standard charge. - Expected attendance: • 2,000 -2,500 for picnic • 200 -400 for dance - Picnic committee contacts: • Charlene Dettmann, 587 -1959 • Wendy Sullivan, 587 -1991 WS.1 /DA/04- 28 -89 /da l-2' 0 0 v A utchinson tm ssembly of Ad Highway 7122 West • Route 5. Box 87 HUTCHINSON, MINNESOTA 55350 Telephone: 612- 587.2074 I-lav 1, 1 989 Citr of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn Marilyn Swanson Dear Marilyn. Wes Vagle, Pastor Tom Johnson, Assistant Pastor M►E! BY `e;e would like to request permission from the City Council to reserve the bandshell in Library Square on July 16, 1989. We would like to hold a concert open to the public starting at 7 00 PM Sincerely. OL wX4 el'e"l Wesley D. eagle Pastor -. "V2 T — Come kow With Us — � —F RESOLUTION NO. 8998 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 66 Doz. Softballs 3365.34 Summer Rec. Program Rec. Yes qN Sports Federatic 3" Water Meter 1985.00 Resale Water Yes Water Products Co. 7393 Porta Feed Jr. 1625.64 Water Treatment Chemical Water Yes alco Chemical Co. Irrigation System 11700.03 Veterans Field Sprinkler Parks * iley's Sprinklers Watermain Installation 2500.00 Veterans Field Sprinkler Parks Juul Contracting Remove Fuel Tanks 1600.00 MPCA Tank Removal Guide- Airpor Yes J 6 M Trucking line *Per Authorization of C ty Cou it Funding of 4/25/89 Meet ng. (Four Equivalent Propo al s Rec ived) The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Aviation Fuel (4,000 Gil) 4,538 Resale Airport Yes Jayco Aviation Date Approved: 00 tion made by: Seconded by: May 9, 1989 Resolution submitted for Council action by: �q / RESOLUTION NO. 8998 (PAGE 2) CITY OF HUTCHINSON RESOLUTION FOR PURCHASE . The Hutchinson City Council authorizes the purchase of the following: ITEM PURPOSE DEPT. BUDGET VENDOR Tractor Cab nclosure Cem. *1. Carlson Lake Stat. Road Oil eal Coating Street Yes Kock Asphalt Co. Black Top oad Repair T,810-ORoad Street Yes Wm. Mueller $ Son Sand f, Pea Rock oad Repair Street Yes Meeker Washed San Well Maintenance intenance of Well #i5 Water Yes LTP Enterprisesra Trees ibrary Square Phase III Park *2. Laws Nursery Inc. Airport g Street , Street/ Crack Repair unway & Street Maintenan e Air. Yes Bargen, Inc. Drag Line Rental 1120.0 Sturges Agreement Street Yes Structural Specia. ists *1. Capital Equipme t Budget additional $ from 4370 *2. Reimbursed from Firsta Federal The following items were authorized due to an emergency need: ITEM I COST Date Approved: May 9. 1989 Motion made by: Seconded by: PURPOSE I DEPT. IBUDGET VENDOR Resolution submitted for Council action by: 0 (612) 587 -5151 HVIIl1" CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEXID TO: MAYOR & CITY COUNCIL FROX: DOUG HEIER DATE: MAY 4, 1989 SUBJECT: DISPOSITION OF 80 OCTANE FUEL TANKS LOCATED AT HUTCHINSON AIRPORT CL January 30, 1989, the Airport Commission established a list of goals to be accomplished during 1989. One of the goals was the removal of the underground 80- octane fuel tanks once the tanks were empty of fuel. After determining that the tanks were empty they were removed by the City Crew. The U.S. Environmental Protection Agency (EPA) has adopted regulations concerning underground storage tanks which became effective December 22, 1988. These regulations require certain procedures when disposing of gasoline tanks. The procedures and cost are as indicated below and are based on the destruction of 2 fuel tanks: 1. Remove remaining fuel, purge and cap tanks $ 420.00 2. Closure and test site for contamination 450.00 3. Destruction of both tanks 680.00 4. Transportation of tanks to destruction site 50.00 Total cost to destroy fuel tanks £1,600.00 The cost as I have outlined above covers the destruction of both fuel tanks, but keep in mind that the test site results are still pending. Based on those results further expenditures may be required. A f_w weeks ago, the City received from their insurance company an estimate of expenditures required for underground tanks. They indicated a cost of b_tween £600 to $1,000 per tank for insurance cost and £1,000 to $1,500 cost to test ground around tanks to determine if there were any leaks. Eas_d en -•_3e estimated costs, had the tanks remained in the ground, the City couli anticipated costs between $3,200 and £5,000 for the two tanks. AL a safety precaution I had the fuel removed from the tan's and also had the capped to prevent vapors from escaping ani pQ:' =sibiy explcdlnz. _ = ucn iture requ` r 1_0 1Tp__.^__. C.0 tL:1r_ c'_mt ir'm bLl':'_e line #2411 of tn_. Alrp,_rt .. -v 17'" ? A 0 �E car oll muller later, inc. Jllllllllllllt�ineers rc itects land surveyors equal opportunity employer 0 10901 red circle drive box 130 minnetonka, minnesota 55343 612 - 935 -6901 r,1 AY 1989 N RECEIVED sY May 3, 1989 Mayor and City Council City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: Marilyn Swanson RE: Filter Rehabilitation and Control System Modifications RCM File No. 14007.01 Honorable Mayor and Councilmembers: The initial engineering proposal on the above projects as submitted in June of 1988 and approved by the Council in July, suggested a hourly fee for our professional services based upon our salary cost times a factor of 2.4 by principals and employees engaged directly on your project. Reimbursable expenses for mileage, printing expenses, and the Health Departments review fee would be invoiced at actual cost when incurred. Due to the projects uncertainties and the unknown condition of the existing equipment, an initial fee limitation of $29,000 was suggest, subject to additional authorization for unforeseen problems. The proposed fee was not a lump sum quotation, as provided for the high service pumping and well No. 7 engineering service. At the present time, our invoicing has reached this $29,000 upset limit. We, therefore, recommend raising this limit by $4,000 to $33,000. This increased amount should be sufficient to complete the project through the construction phase. The City will be invoiced only for the actual hours used on the projects. The contract documents, as approved last week, are presently on the street with bids scheduled for receipt on June 2, 1989. The questions raised at last weeks Council meeting were justified and I am sorry that I was unable to answer them at that time. Attached is a copy of our latest invoice showing the actual invoicing to the $29,000 upset limit, no professional time has been charged to the City beyond this amount. Additional time has been spent on this project to complete preparation of the documents for publication but not professional fee will be invoiced until the limit is raised. In my review of our internal cost accounting printouts and the initial estimated hours, two areas of excessive time appeared. The first involves the existing cylinder operated butterfly valves on the filters. It was originally assumed that these valves could be reused with only the addition of new solenoid valves on the existing cylinders. Upon closer examination, it was determined that most of the valves were in such poor operating condition that both the operators and the valve require replacement at this time. Additional time and effort was expended to investigate the problems and arrive at a satisfactory solution. Three of the valves will remain in place with new operators and the remaining ten will be replaced in their entirety. t-a City of Hutchinson May 3, 1989 Page 2 The second item of excessive hourly overrun was in the area of the overall control system selection. In order to familiarize the City staff with the two different control system design philosophies and the availability of equipment, trips were made locally to three different control manufacturers and some of their Twin Cities' installations. During these trips, the City staff personnel and ourselves had the opportunity to observe the ranges of equipment available, discuss performance with the actual user operators, and reach a consensus of the desirable control features. While these trips consumed time not initially foreseen, the time was invaluable in solidifying the think of your staff and our design personnel to your system's specific needs. The proposed system will be far more satisfactory to the City's use as a result of this additional time. Growth is being built into the system for future expansion and enhancement. We encourage your prompt review to this request to enable the project to continue without delay. You uly, Charles S. Barger, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. CSB /jj c: Randy DeVries, City of Hutchinson 0 P 0 Rieke Carroll Muller Associates, Inc. INVOICE I Engineers • Architects • Land Surveyors STATEMENT REMIT TO THE I P O. BOX 130 P.O. BOX 775 ci P.O. BOX 51 171 15 5th STREET N.E. ACiMSS CHECKEDI MINNETONKA, MN 55343 GAYLORD. MN 55334 ST. CLOUD, MN 55301 GRAND RAPIDS, MN 55744D AtRfL ?# 1144 INVOICE N ^. 14es J00 NO. 14001011 CITY OF MUTCMINSCN 37 wASHINGT:N AVENUE kF ST HUTCHINSCN# wN 5515C ATTN: KEN MERRILL °DR: �'EMLEILITLTIC!. C= �;.GINAL %'LTE ^5 "! PR,F£SSIG =•at S ?RVI r: ��_ °E_R'Ja�Y ♦ 19c= : 0" CH zI# 19t9 PRCPESSICNAL PERSn"% ` CIVIL ENGR f4. ELECTRICAL EN51 REPPCD TECh yr k a SECRETARY U. 1S.0 18.5 ` {1 Z.4 RATE mac• 5. 7 ` . I E A "CUNT';.,. szo.fl0�� _..?5 �4a.25 1C.4G �29�11 :; t 14.30 31.4 # - 9.10 04,91 11.70 1.1. -. SOSTCTALS t . r s T:TALS } RET1111S lPSASLE'EXPEWS =5 MIEEC TRAVEL REPRODUCTION TCTAL' U. 1S.0 18.5 ` {1 Z.4 RATE mac• 5. 7 ` . I E A "CUNT';.,. szo.fl0�� _..?5 �4a.25 1C.4G �29�11 :; t 14.30 31.4 # - 9.10 04,91 11.70 1.1. -. PLUS 14C.00 Of f declare under the penalties of law that this account, claim or demand is just and correct and no part of it has been paid. X 14.14 25.44 4 0 . C S a.. ?•3$9.3? 19384.3T - 1#94:5.12. TOTAL LAt3CR 3 #334.19 -------- 0_OE 3USTCTIL S 3#374. °? —el` ��� Rieke Carroll Muller Associates, Inc. INVOICE I Engineers • Architects • Land Surveyors STATEMENT REMIT TO THE P,O. 80% 130 P O. Box 776 P.O. BOX 51 15 6th STREET N.E. ADDRESS CHECKED MINNETONKA, MN 66343 1] GAYLORD, MN 56334 C1 ST. CLOUD. MN 66301 GRAND RAPIDS, MN $5744 D 5:LLING SUMMAP.T "N VOI:E AMOUNT PRFVI :US INVOICES 1CTAL T7 DATE UPSET LIMIT ADJJSTMENT Il trusi m :UTS'4h31NC :%VA12E5 ',C. 1421 SATE 2/24/89 21.2- TDTAi x1.24 X� tX 1 4 I declare under the penalties if law th6t this account, claim or dbrna6d is Just and correct and no part of it has been paid. X $IAN. ".E - llkvW 451.9�-- T2;4L THIS J22 S 2992:.61 a-;r ssmaszc pj 5J2 lij T;:TSL NOW CJE S 29443.$5 3.y - -1.. yf -1i.♦ . Y YNMOICf NG• 14a5 job N ?. 140074^1 #}(r EXPENSES TOTAL y LC. C? 3.374.57 2bA} •41 142.25 26.259.72 1 : 182.3+ 299694.29 Il trusi m :UTS'4h31NC :%VA12E5 ',C. 1421 SATE 2/24/89 21.2- TDTAi x1.24 X� tX 1 4 I declare under the penalties if law th6t this account, claim or dbrna6d is Just and correct and no part of it has been paid. X $IAN. ".E - llkvW 451.9�-- T2;4L THIS J22 S 2992:.61 a-;r ssmaszc pj 5J2 lij T;:TSL NOW CJE S 29443.$5 3.y - Y Y b Y „>r P. 1--cp cnaarrroll muller Wlales, Inc. gineers architects land surveyors equal opportunity employer 10901 red circle drive box 130 minnetonka, minnesota 55343 612- 935 -6901 May 3, 1989 Mayor and City Council City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: Marilyn Swanson RE: Service Line Corrosion RCM Project No. 861907 -0 Honorable Mayor and Councilmen: 6Y FOR YOUR INFORMATION The final test results of the copper corrosion test coupons installed last fall have been received and reviewed by our office. These results verify the effectiveness of the corrosion inhibitor program placed in operation last year at the Hutchinson Water Treatment Facilities. The test indicated a nine to one reduction in the copper corrosion observed prior to the operation of the chemical feed equipment. A similar reduction is observed in the influent to the waste treatment facilities and the final sludge concentrations. Copies of the coupon tests are attached. RCM recommends that the City continue to maintain the Nalco 7393 corrosion inhibitor program in your potable water system. You may wish to perform periodic coupon tests to verify the ongoing protection. Your truly, Charles S. Barger, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. CSB/ j j Attachment c: Randy DeVries, City of Hutchinson "NALCO CHEMICAL COMPANY 2415 ANNAPOLIS LANE SUITE 170 1 i PLYMOUTH. MINNESOTA 55441 City of Hutchinson 37 Washington Avenue W Hutchinson, MN 55350 Attention: Mr. Randy DeVries Dear Randy: March 7, 1989 UNISOLV AREA 612 -559 -3191 mmmm APR 10 1989 IMeYOCuMI -Ni 4r As:uiltes ile. uox 130 Hopkins. Minn. 55343 I just received the Analytical Report for your corMsion coupons. These coupons were put in place October 10, 1988 and removed on January 5, 1989. The reason for installing .these coupons was to evaluate the effectiveness of our Nalco 7393 'corrosion inhibitor program in Your potable water system. Corrosion rates are measured in MPY (Mils per year) and are judged accordingly: 0 - 2 MPY Excellent.Control 2 - 5 MPY very Good Control 5 -10 MPY Adequate Control 10 -15 MPY Need Corrective Action 15+ MPY Severe System Corrosion The coupons in your system experienced an excellent corrosion rating of 0.9 MPY. The report also states that corrosion was observed over more than 508 of the surface which indicates the corrosion is not localized. Judging from these results, I can conclude that our Nalco program is reducing the corrosion rate in your system and significantly reducing the amount of copper being added to the water supply. If you have any further questions, please feel free to give me a call at 559 -3191. Sincerely, '14X— Scott S. Budd Sales Representative SSB /bjh attachment CC: Dick Nagy 'OPVQnnfr 0F1ICI 5 nN' N'= l:l N"" NA" nvu_LL. L.IIN013 6F)501i tn2n nnCn 31, 0 u 9 ANALYTICAL - LABORATORY REPORT From: City of Hutchinson Analysis No. M 25361 Hutchinson, MN, Date Sampled 2/ 2/88 Sample Marked: Date Received 2/ 9/88 Once - Through Potable Date Printed 2/15/88 >>> CORROSION COUPON EVALUATION <<< COUPON METALLURGY Copper CORROSION INHIBITOR No Treatment PERIOD OF EXPOSURE Starting Date of Exposure 12/30/87 Ending Date of Exposure 2/ 2/88 Total Days of Exposure 34.0 COUPON WEIGHT LOSS Initial Coupon Weight in Grams 9.5510 Final Coupon Weight in Grams 9.2660 Total Weight loss in Mg. 285.0 Corrosion Weight Loss in Mg. 283.0 CORROSION RATE Mils per Year (mpy) ; 8.2 Lab Comments: >> TYPE OF CORROSION OBSERVED << General - Indicates that the predominant corrosion is occurring over more than 50% of the surface. NALCO CHEMICAL COMPANY One Nalco Center ANALYTICAL LABORATORIES Naperville, IL 60566 -1024 Box87 Sugar Land, TX 77478 Form 738 (3-85) II/ Qaad�ac�ad N A LC O �Li-J o OQCr�I�OLR] U ��pO�j From: City Of Hutchinson Hutchinson, MN Sample Marked: Potable Water Analysis No. Date Sampled Date Received Date Printed M 28217 l/ 5/89 1/13/89 1/26/89 i >>> CORROSION COUPON EVALUATION <<< > i I COUPON METALLURGY Copper CORROSION INHIBITOR 7393 i PERIOD OF EXPOSURE Starting Date of Exposure 10/ 7/88 Ending Date of Exposure 1/ 5/89 Total Days of Exposure 90.0 COUPON WEIGHT LOSS Initial Coupon Weight in Grams 9.5750 I Final Coupon Weight in Grams 9,5360 Total Weight loss in Mg. 39.0 Corrosion Weight Loss in Mg. 37.0 CORROSION RATE Mils per Year (mpy) ; 0.4 Lab Comments: >> TYPE OF CORROSION OBSERVED << General - Indicates that the predominant corrosion is occurring over more than 508 of the surface. NALCO CHEMICAL COMPANY One Nalco Center ANALYTICAL LABORATORIES Naperville, IL 60566 -1024 Form PS -188 Rev. 10187 Box 87 Sugar Land, TX 77487.0087 I� Qaad��aa From: City Of Hutchinson Analysis No. M 28219 Hutchinson, MN Date Sampled 1/ 5/89 Date Received 1/12/89 Sample Marked: Date Printed 1/20/89 Potable Water >>> CORROSION COUPON EVALUATION <<< COUPON METALLURGY Copper CORROSION INHIBITOR 7393 PERIOD OF EXPOSURE • Starting Date of Exposure : 10/ 7/88 Ending Date of Exposure l/ 5/89 Total Days of Exposure 90.0 COUPON WEIGHT LOSS Initial Coupon Weight in Grams 9.4850 Final Coupon Weight in Grams 9.3980 Total Weight loss in Mg. 87,0 Corrosion Weight Loss in Mg. 85.0 CORROSION RATE Mils per Year (mpy) : 0.9 Lab Comments: >> TYPE OF CORROSION OBSERVED << General - Indicates that the predominant corrosion is occurring over more than 508 of the surface. NALCO CHEMICAL COMPANY One Nalco Center ANALYTICAL LABORATORIES Naperville, IL 60566.1024 Fpm PS-108 Rev. 10187 Box 87 Sugar Land, TX 77487-0087 I( QaQ TR@jA1 NALCO U o M2 U From: City Of Hutchinson Analysis No. M 28220 Hutchinson, MN Date Sampled l/ 5/89 Sample Marked: Date Received 1/12/89 Potable Water Date Printed 1/20/89 >>> CORROSION COUPON EVALUATION <<< T COUPON METALLURGY Copper CORROSION INHIBITOR 7393 PERIOD OF EXPOSURE Starting Date of Exposure 10/ 7/88 Ending Date of Exposure l/ 5/89 Total Days of Exposure 90.0 COUPON WEIGHT LOSS Initial Coupon Weight in Grams 9.5900 Final Coupon Weight in Grams 9.5090 Total Weight loss in Mg. 81.0 Corrosion Weight Loss in Mg, 79,0 CORROSION RATE Mils per Year (mpy) ; 0.9 Lab Comments: » TYPE OF CORROSION OBSERVED << General - Indicates that the predominant corrosion is occurring over more than 508 of the surface. NALCO CHEMICAL COMPANY One Nalco Center ANALYTICAL LABORATORIES Naperville, IL 60566 -1024 Fpm PS-108 R". 10187 Box 87 Sugar Land, TX 77487-0087 CC:JMH,/ AddPrSte: X25 Time: Std 0:07, Add 0:00, Tot 0:07 L�ILIUL�L�U U D�Lti1L, NALCO 16 ° MLrTOW IJ ERP V From: City of Hutchinson Hutchinson, MN Sample Marked: Potable Water Analysis No. Date Sampled Date Received Date Printed >>> CORROSION COUPON EVALUATION <<< COUPON METALLURGY Copper CORROSION INHIBITOR 7393 PERIOD OF EXPOSURE Starting Date of Exposure 10/ 7/88 Ending Date of Exposure l/ 5/89 Total Days of Exposure 90.0 COUPON WEIGHT LOSS Initial Coupon Weight in Grams 9.6600 Final Coupon Weight in Grams 9.5850 Total Weight loss in Mg. 75.0 Corrosion Weight Loss in Mg. 73.0 CORROSION RATE Mils per Year (mpy) 0,8 Lab Comments: >> TYPE OF CORROSION OBSERVED << M 28218 l/ 5/89 1/20/89 2/ 1/89 General - Indicates that the predominant corrosion is occurring over more than 508 of the surface. NALCO CHEMICAL COMPANY One Nalco Center ANALYTICAL LABORATORIES Naperville, IL 60SW1024 Form PS-108 Rev. 10187 Box 87 Sugar Land, TX 77487 -0087 (612) 587 -5151 ITY OF HUTCHINSON VASHING TON AVENUE WEST :HINSON, MINN. 55350 M E M 0 DATE: May 4th, 1989 TO: Mayor and City Council FROM: City Engineer RE: T.H. 15 South Left Turn Lane Plan I will present the left turn lane plan completed by the State for review and comments at the meeting. 0 MVP /pv W, Marlow V. Priebe City Engineer 7— Hutchinson Community Development Corp. 0X 587 -7500 y 0 In y ot'V�" O: City Council FROM: HCDC Finance Committee 0 45 Washington Ave. East Hutchinson, Minnesota 55350 SUBJECT Sale of New Dimension Plating (NDP) loan to Community Reinvestment Fund (CRF) Some time ago CRF approached all communities with public fund loans to businesses obtained from State and Federal dollars, to purchase these loans. Upon further investigation and a review by CRF of the city's loan portfolio, they extended an offer to purchase the NDP loan. The purchase of this loan by CRF in no way changes any of the drys relationship with NDP, or its desire to work with NDP in helping to maintain a successful business in saving and increasing additional jobs. Also, nothing changes with the bank of record. Having the money up front would give an opportunity of helping another project if one should be available in the future. Enclosed with this memo is the Finance Committee Minutes recommending sale to CRF, Exhibit A outlining the Purchase Summary, Basic Facts Relative to Discounting of New Dimension Plating Loan, Qualified Seller Agreement (being reviewed by City Attorney), and Lending Capacity Analysis. To date NDP has repaid principal and interest amounting to $55,205". The loan was for 12 years at S% interest and there are 9 years remaining. Total was for $150,000.00 "' of which $24,495.00 is principal. 9 FINANCE COMMITTEE HCDC MONDAY, MAY 1, 1989, 7:30 AM CHAMBER MEETING ROOM MEMBERS PRESENT DuWayne Peterson, Chairman Glenn Matejka, Bd. Rep. Dick Burgart Brent Schmeling Mark Erickson Gregg Sainsbury Jim Young Gary Plotz MINUTES Meeting was called to order by Chairman Peterson. OTHERS PRESENT John Bernhagen After discussion and a review of facts presented by Dick Burgart, Matejka moved, seconded by Burgart and carried to recommend to the City Council that they enter into an agreement with Community Reinvestment Fund, a non - profit corporation, to purchase the loan the city has with New Dimension Plating, Inc., subject to review by the City Attorney regarding recourse and other input in general. Meeting adjourned at 8:15 AM. I� • 01 0 0 \J QUALIFIED SELLER AGREEMENT BETWEEN THE COMMUNITY REINVESTMENT FUND, INC. THE CITY OF HUTCHINSON, MINNESOTA April 21, 1989 QUALIFIED SELL$R AGREEMENT 0 THIS AGREEMENT entered into as of April 21, 1989 between Community Reinvestment Fund, Inc., a Minnesota nonprofit corporation ( "CRF") and the City of Hutchinson, Minnesota, a municipality located in the State of Minnesota ( "Seller "); WITNESSETH WHEREAS, the Seller desires to sell to CRF and CRF desires to purchase from Seller one or more Development Loans (as defined herein) pursuant to the terms and conditions of this Qualified Seller Agreement as follows; WHEREAS, the Development Loans offered for sale have not been undertaken for the purpose of profit or gain on the part of the Seller but for the purpose of advancing the charitable goals of the Seller or other allowable public purposes and are not investments for profit in any conventional business sense; and WHEREAS, the type, nature and principal amount of Development Loans to be purchased by CRF are limited by reason of (i) the restrictions imposed upon CRF as a condition to its status as a corporation exempt from federal income taxes under Section 501 of the Internal Revenue Code and (ii) the ability of CRF to resell its own debt obligations, supported by Development Loans so purchased and certain other assets, pursuant to the Secondary Market Program of CRF; and WHEREAS, by approving this Qualified Seller Agreement the Board of Directors of Community Reinvestment Fund hereby designates Seller to be a Qualified Seller (for the term and as defined herein) thereby making Seller eligible to sell Development Loans to CRF from time to time solely in accordance with the terms and conditions of this Agreement and subject to continued compliance by Seller with the terms and conditions hereof. NOW THEREFORE, Seller and CRF agree as follows: Article I DEFINMONS ACTUAL PURCHASE PRICE shall mean the definitive purchase price for any Development Loan as established pursuant to a Loan Purchase Agreement. ttvHHO WER means the corporation, partnership, association, individual or other person or persons to whom the Development Loan was made, or if such Development Loan has been assumed or assigned, their successors. CLOSING means the purchase by CRF and sale by Seller of all right, title and interest of Seller in and to one or more Development Loans and Development Loan Documents pursuant to a Loan Purchase Agreement. COLLATERAL means all of the real property or other property, equipment, inventory, rights, revenues, proceeds and other assets pledged, mortgaged or otherwise assigned to secure repayment of the Development Loan. 0 DEFAULT means the occurrence of any default or event of default under or in connection with a 0 Development Loan Document, including, without limitation, the failure to pay principal of or interest on the Development Loan as and when due. DEVELOPMENT LOANS means a loan for the purpose of promoting, retaining or maintaining employment; supporting, maintaining, improving or revitalizing the economic or physical infrastructure of the community, providing or improving affordable housing; promoting economic growth; or otherwise financing property or activities used or useful in connection with any such purpose. DEVELOPMENT LOAN DOCUMENTS means the loan agreement, lease agreement or other instrument pursuant to which funds have been advanced by or on behalf of the Seller or some other lender to or for the benefit of a Borrower together with any note or other instrument issued in connection therewith and any mortgage, security agreement, pledge agreement, assignment of rents and leases, guaranty or other document securing or supporting the Borrower's obligations thereunder. ESTIMATED PURCHASE PRICE shall mean the estimated purchase price for any Development Loan as provided in Section 6 of Article III hereof. LOAN means the obligation of a Borrower to repay money borrowed, together with interest thereon at a stated rate, as evidenced by a note, lease, loan agreement or other similar instrument, together with any applicable participation agreement or certificate with respect thereto. LOAN FILE means the file maintained and/or compiled by a Seller with respect to a Development Loan including, at a minimum, the documents, information and other materials described in Article IL paragraph (L). LOAN PURCHASE AGREEMENT shall mean the agreement or agreements by such name pursuant to which specific Development Loans are identified for sale to CRF, the Estimated Purchase Price and Actual Purchase Price thereof is established and a Closing is scheduled. SECONDARY MARKET PROGRAM shall mean the program of CRF pursuant to which from time to time it shall raise or cause to be raised funds by selling debt obligations, certificates of participation or other instruments or securities for the express purpose of applying such funds to purchase Development Loans from Qualified Sellers pursuant to Loan Purchase Agreements and in connection with which CRF or its assigns will pledge such Development Loans and, if any, other designated assets or funds to secure the debt obligations. SERVICER shall mean a bank, financial institution or other person, which may include CRF or any Qualified Seller approved by CRF for such purpose, which is designated by CRF as a Servicer of one or more Development Loans. 2- Article II 0 ELIGIBILITY OF DEVELOPMENT LOANS FOR PURCHASE Section 1. The Seller Seller represents and warrants that it is one of the following: (i) a 501(c)(3) local economic development organization, (ii) an organization whose Development Loans were made for Section 501(c)(3) charitable purposes (Section 170(b)(1)(A)(vi) organization), or (iii) a unit of federal, state, county or municipal government, or a duly constituted agency thereof (Section 170(b)(1)(A)(v) organization) that focuses its lending activities at economically distressed or declining areas, disadvantaged persons, neighborhood or community revitalization, or other Section 501(c)(3) charitable purposes. Section 2. Secondary Market Program Development Loan Requirements The Secondary Market Program being undertaken by CRF requires that all Development Loans have common characteristics. In consideration of CRFs willingness to consider Development Loans identified and offered from time to time by Seller to CRF, Seller hereby represents, warrants and covenants that each Development Loan offered by Seller to CRF shall comply with the following requirements. In addition, by execution and delivery of a Loan Purchase Agreement as to any Development Loan, the Seller shall be deemed to represent, warrant and covenant that each such Development Loan complies with each and every requirement set forth below. A. Origination. Each Development Loan shall have been closed in the Seller's name as lender or validly assigned and endorsed to Seller as a holder in due course and Seller owns all right, title and interest to and in the Development Loan and Development Loan Documents being sold. Whether Seller or any other entity originated or packaged the Development Loan shall not in any manner qualify or condition Seller's representations and warranties to CRF. B. Term, Loan Now Current. The Borrower has raised no defenses to payment of the Development Loan and, unless otherwise disclosed to and approved by CRF in writing, the Development Loan shall have been originated and commenced amortization at least 12 months prior to the date of Closing, the Borrower shall have remained current in all payments since the Development Loan was originated and no fees connected with the closing of the Development Loan shall remain unpaid. In addition, all sums to be advanced under the Development Loan Documents shall have been advanced to the Borrower and the Development Loan Documents do not contain any mandatory future advance clause. C. Compliance with Law. All requirements of all federal, state and local laws, rules and regulations of whatever kind, nature or origin applicable to the Development Loan and the transaction relating thereto, including without limitation, truth -in- lending, flood control, real estate settlement procedures, usury, consumer protection disclosures and equal credit opportunity laws shall have been fully complied with; the Development Loan and Development Loan Documents shall not be in violation of any such laws, rules or regulations; and any right of rescission in relation to the Loan under such taws, rules or regulations shall have expired D. Valid Lien or Financing Statement; Not Modified. The Development Loan shall be secured by a valid and perfected lien on the Collateral in the manner and with the priority intended by the Development Loan Documents, a copy of the most recent Financing Statements with respect thereto shall have been furnished to CRF, the Development Loan and Development Loan Documents shall be legal, valid and binding obligations of the Borrower, enforceable in accordance with their respective terms and conditions, and free from any right of set off, counterclaim or other claim or defense; no part of the -3- . Collateral shall have been released from the Development Loan Documents unless expressly consented to by CRF in writing, no guarantor shall have been released; the terms of the Development Loan shall have not been modified, amended, or in any way waived or changed unless disclosed to and approved by CRF in writing. E. No Unknown Adverse Circumstances. The Col- lateral shall be undamaged by fire, windstorm or other casualty and there shall not be pending or threatened any proceeding in eminent domain or condemnation with respect to all or any part of the Collateral. There shall be no circumstances or conditions with respect to the Development Loan, the Collateral or the credit standing of the Borrower, which adversely affects the expectation of repayment of the Development Loan in full, as and when due except to the extent previously disclosed to and approved by CRF in writing. F. Title to Collateral. To the best of Seller's information and belief, after the exercise of due diligence, the title to, serial numbers of, and other rights of possession of or identification of Collateral, shown in the Development Loan Documents shall be as therein described. G. Plat or Survey. For each Development Loan for which real property has been pledged as Collateral, Seller shall possess a survey certified to Seller as accurate (such as the type normally included with a mortgage title insurance policy) for such real property showing the boundaries, improvements, setback lines, easements, and encroachments onto or off of the Collateral, or equivalent documentation in accordance with prudent lending practices. H. Perfection of Security Interest. Any and all actions required to perfect the security interest in the Collateral, including without limitation, recordation (and/or registration or re- registration or re- filing) and notification to prior lienholders (with a recorded request for notice of default where required), shall have been validly and duly completed. I. Insurance. There shall be in full force and effect hazard and comprehensive insurance policies with such terms and amounts as are carried by businesses of like type and character to the Borrower, issued by reputable carriers licensed to offer such insurance in the jurisdiction in which the Collateral is located and sufficient in type, amount of coverage, and endorsed to protect Seller's and CRFs interests, as may be or become applicable. J. Payment Records. Seller or its agent shall have maintained accurate records, prepared in accordance with generally accepted accounting principles consistently applied, reflecting all receipts and disbursements as to each Development Loan and all funds received, retained, administered and /or disbursed in accordance with all laws, rules, regulations and contracts relating to loan or escrow funds. K Loan Not in Default. There shall be no Default or delinquency under the terms and conditions of the Development Loan or the Development Loan Documents nor shall any event have occurred to the knowledge of Seller which, with the passage of time, the giving of notice or both, shall become a Default under any of the Development Loan Documents. L Loan File. Seller shall have maintained a loan file containing all pertinent information, notices, documents, correspondence, etc., relating to such loan; and upon sale to CRF, each such file shall be delivered to CRF or its designated agents at Closing. (Refer to Exhibit 1 for checklist.) The Seller shall make such Loan File available to CRF, its agents, assigns and representatives, and any prospective purchaser of the obligations sold in connection with the Secondary Market Program, and any agents or representatives thereof at or prior to closing. • M. Most Recent Financial Information. For each Development Loan, to the best of its knowledge Seller shall have provided to CRF the most recent, complete and accurate financial statements of the Borrower, and where applicable, of any guarantors thereof. 4- N. No Omissions or Misstatements. Nothing shall have come to the attention of the Seller which would cause it to believe that the loan file described in (L) above and other information furnished to CRF for a Development Loan may contain any untrue statement of material fact or may omit to state a fact which, under the circumstances, would be material in connection with CRFs determination to purchase such Development Loan either at the price agreed to or otherwise. O. Compliance with Qualified Seller Agreement. Acceptance of the purchase price of any Development Loan by the Seller at Closing shall constitute a representation by Seller as of the date of Closing that such Development Loan complies with all requirements of this Qualified Seller Agreement and a reiteration, ratification, reaffirmation of the warranties, representations and covenants herein set forth and such warranties, representations and covenants shall survive the Closing. The representations, warranties, covenants, indemnities, agreements and other statements of the Seller and its officers and authorized representatives set forth in or made pursuant to this Agreement for any Loan Purchase Agreement and any related documents shall remain operative and in full force and effect regardless of any investigation or statement as to the results thereof made by or on behalf of CRF or the underwriters for the Secondary Market Program or any controlling person and will survive delivery of and payment of the purchase price of any Development Loan. Section 3. Seller Authorized to Sell Development Loans Seller shall be the sole owner of the Development Loan or shall have received written permission to sell all of its right, title and interest in and to the Development Loan and Development Loan Documents from all parties whose consent is required, if any, and has full right, title and legal authority, and shall have duly taken all required action and obtained any and all consents and approvals required to sell, transfer, and assign the Development Loan and Development Loan Documents to CRF free and clear of all claims or encumbrances of any type. The Qualified Seller Agreement, each Loan Purchase Agreement and any related documents and any attachments thereto shall have been duly authorized by passage of a formal resolution by the governing body of Seller (a sample of which is attached hereto as Schedule II), shall be duly executed and delivered by Seller, and shall be the legal, valid and enforceable obligation of Seller in accordance with its terms; and compliance by Seller with the terms and conditions of this Qualified Seller Agreement, each Loan Purchase Agreement and any related document shall not conflict with, result in a breach of or default under, or be adversely affected by any terms and conditions applicable to or statutes governing Seller, the charter or bylaws of Seller, or of any agreement or instrument to which Seller is a party, or any judgment, order, or regulation to which Seller is subject. Seller shall at all times be a Qualified Seller of Development Loans to CRF under the requirements set forth in this Qualified Seller Agreement and any Loan Purchase Agreement. Section 4. CRF Authorized to Purchase Loans; Qualified Seller Agreement Authorized CRF hereby represents, warrants and covenants with Seller that (i) CRF has full legal authority and has duly taken all required corporate actions and has obtained any required consents or approvals required to enter into this Qualified Seller Agreement, (if) this Qualified Seller Agreement and any attachments hereto have been duly authorized, executed and delivered by CRF, and is the legal, valid and enforceable obligation of CRF in accordance with its terms; and (iii) compliance by CRF with the terms and conditions of its Qualified Seller Agreement will not conflict with, result in a breach of or default under, or be adversely affected by any terms and conditions of the charter or bylaws of CRF, or of any agreement or instrument to which CRF is a party, or any judgment, order, or regulation to which CRF is subject. 0 -5- ►._J Article III MOM lt ii. . .0y Section 1. Invitation From time to time CRF shall invite Qualified Sellers and other organizations which may be eligible to be designated Qualified Sellers to identify and submit Development Loans to CRF for purchase. This Qualified Seller Agreement has been approved and executed in connection with such an invitation. Notwithstanding such invitation, CRF shall only be obligated to purchase Development Loans from time to time pursuant to a Loan Purchase Agreement and, in such event, subject to any and all terms limitations and conditions set forth therein. Section 2. Loan Evaluation Seller shall identify each Development Loan that it desires to sell, if any, and shall permit CRFs staff or agents to review the complete Loan File for such Development Loan and any other information pertaining thereto as described in Article II, Section 2 of this Agreement. Section 3. Site Visits When requested by CRF or its agents, Seller shall arrange visits to the premises of the Borrower or any guarantor at its principal place of business and, if at a different site, at the location of the Collateral. Such site visit shall be for the purposes of enabling CRF or its agents, where applicable, to inspect the Collateral, to interview the Borrower and any guarantor, and to otherwise become familiar with the business affairs of the Borrower and any guarantor. Section 4. Presentation to CRF Loan Purchase Advisory Committee A Confidentiality of Information Presented to Loan Purchase Advisory Committee. Seller shall permit CRF to present information on each Development Loan, including but not limited to financial information, proprietary product information or other information which the Borrower may otherwise consider confidential, to CRFs Loan Purchase Advisory Committee. CRF shall exercise good faith efforts to endeavor to protect any confidential information presented to CRF or CRFs Loan Purchase Advisory Committee. B. Recommendations by Loan Purchase Advisory Committee. The Loan Purchase Advisory Committee shall make recommendations to the CRF Board of Directors as to the advisability of purchasing each Development Loan presented to it as well as any adjustment in the price to be offered for each Development Loan provided, however, the CRF Board of Directors shall be solely responsible for authorizing the execution of any Loan Purchase Agreement by CRF. Section 5. Purchase Offer Upon approval of its Board of Directors, CRF shall offer to purchase development loans by executing and delivering to Seller a Loan Purchase Agreement (a sample of which is attached hereto as Schedule VI). The terms and conditions set forth in the applicable Loan Purchase Agreement together with the terms and conditions contained herein, shall govern the purchase of any specific Development Loan by CRF from Seller. Section 6. Purchase Price IsA. Estimated Purchase Price. The Loan Purchase Agreement shall specify an Estimated Purchase Price and shall contain provisions for establishing an Actual Purchase Price. M B. Actual Purchase Price. On the date of Closing CRF shall determine the Actual Purchase Price which shall be paid for each Development Loan. The Actual Purchase Price shall be determined by calculating: (1) The Market Value of a Development Loan which shall be the present value of such Development Loan determined by application of a discount rate derived by CRF from the then current spread above United States Treasury Bills necessary in the judgment of CRF and its underwriter for the Secondary Market Program to produce adequate cash flow to pay debt obligations issued thereunder as and when due. (2) A transaction fee which shall be a sum not to exceed 600 basis points (which amount may be specified with more precision in a Loan Purchase Agreement); and (3) The Credit Reserve Retainage which shall be determined based on the risk rating of each Development Loan as determined by CRF, its Loan Purchase Advisory Committee and the underwriter for the Secondary Market Program. The Actual Purchase Price shall then be finally determined according to the following formula: Market Value (as determined on the date of closing) - Transaction Fee - Credit Reserve Retainaae Actual Purchase Price C. Seller's Rights if Actual Purchase Price is Less Than Minimum Estimated Purchase Price. For each Development Loan, if the Actual Purchase Price is less than the Estimated Purchase Price because the Market Value has declined, Seller may, at its option, decline to sell a Development Loan and shall only pay a Processing Fee of $500 per Development Loan to CRF. If Seller declines to sell the Development Loan for the reason stated in this paragraph, CRF shall release Seller from any and all obligations to purchase such Development Loan under the related Loan Purchase Agreement or to service the Development Loan for the benefit of CRF as specified in Article IV of this Qualified Seller Agreement. Section 7. Acceptance Delivery to CRF of two (2) originally signed copies of a duly authorized Loan Purchase Agreement by Seller shall constitute acceptance of a purchase offer by Seller with respect to any Development Loan approved by the CRF Board of Directors and identified in such Loan Purchase Agreement subject in all events to the terms hereof and of such Loan Purchase Agreement. Section & Closing; Transfer of Loans; Documenting the Sale The Loan Purchase Agreement shall specify a date for the Closing at which time a duly authorized and executed assignment of Note and all other Development Loan Documents, together with all original loan files and related documents, shall be delivered to CRF or its agents. Seller shall be responsible, at its own expense, for completing all actions and documentation necessary to effect the sale. At Closing, Seller shall, without limitation to the generality of the foregoing, endorse the promissory note, assign (and satisfy any necessary recordation and /or registration requirements) of the security instruments, and notify insurers or guarantors so as to effectuate any necessary policy or guarantee endorsement to protect CRFs interest. In addition, at any time and at its own expense, Seller shall cause such further acts to be done as CRF shall reasonably request in order to perfect its right, title and interest in and to the Development Loan, including without limitation, the execution and delivery of such other documents, notices or agreements that CRF may reasonably require to perfect, memorialize or give public notice of the -7- transaction or any aspect thereof. Section 9. Interim Servicing by Seller Upon execution of a Loan Purchase Agreement by Seller and continuing until the earlier of (a) the Closing; (b) the date on which the Loan Purchase Agreement has expired; or (c) the date on which Seller has been released from complying with the terms and conditions of the Loan Purchase Agreement, Seller shall service and administer each Development Loan for which it has executed a Loan Purchase Agreement in accordance with the terms and conditions set forth in Article IV hereof for the benefit of CRF and its Secondary Market Program. Section 10. Term, Purpose, Termination of Agreement The purpose of this Qualified Sellers Agreement is to provide for an agreement among the parties hereto as to the type of Development Loans to be purchased from time to time from Seller and the minimum terms and conditions with respect to which such Development Loans must comply and remain eligible for purchase by CRF for its Secondary Market Program. It is understood and agreed that CRF may rely upon the warranties, representations and covenants of Seller, and the Seller's agreement to sell Development Loans submitted from time to time pursuant hereto, to CRF, in connection with the Secondary Market Program of CRF. Based on the foregoing, it is the intention of CRF to sell bonds or other obligations pursuant to its Secondary market Program to generate funds to purchase the Development Loans as provided in the Loan Purchase Agreement(s). CRF shall be under no obligation under this Agreement or any Loan Purchase Agreement unless funds are actually available to CRF under its Secondary Market Program to purchase Development Loans at the Actual Purchase Price. This Qualified Sellers Agreement shall remain in full force and effect until the last to occur of the following (1) 60 days following receipt by either party of a written notice of intention to terminate this agreement so long as no Development Loans have been purchased hereunder by CRF and no Loan Purchase Agreement is then in effect; (2) payment in full of any Development Loan sold to CRF in connection herewith (3) Seller's expenditures of the proceeds of the sale of all Development Loans pursuant to the terms of Article V hereof and any applicable Loan Purchase Agreement, and (4) termination hereof upon the mutual written agreement of the parties hereto. Article IV LOAN SERVICING AND ADMINISTRATION Section 1. Interim Servicing of Development Loans The Seller shall continue to service a Development Loan being sold to CRF pursuant to a Loan Purchase Agreement to the date of Closing. As of Closing, the Development Loan shall be serviced by a Servicer designated at the discretion of CRF. The Seller shall report to CRF at least monthly, and more frequently if requested by CRF, as to the status of any Development Loan, including the principal amount outstanding, any interest accrued and unpaid and the existence of any Default existing under or with respect to the Development Loan Documents. Section 2. Reports The reports required by Section 1 of this Article may be provided on forms prescribed from time to time by CRF. 8- Article V OTHER PROVISIONS Section 1. Reuse of Proceeds A. Segregation of Proceeds. Each Qualified Seller which sells a Development Loan shall covenant and agree that substantially all of the proceeds (i.e. at least 95 %) from the sale of a Development Loan to CRF shall be used solely to fund new Development Loans and that no more than five percent of such proceeds shall be used for administrative expenses in connection therewith. In furtherance of such covenant and agreement, each Qualified Seller shall segregate such proceeds (less any amounts required to be paid to the Federal government, State or other organization which may have initially provided moneys used to fund the Development Loan purchased by CRF) in an account, separate and apart from any other funds of the Seller, at a commercial bank or by establishing a seperate fund or account on the Seller's books, and shall file annual reports with CRF as to any disbursements therefrom. B. Proceeds Not to be Used for Operating Expenses. In addition to the foregoing each Qualified Seller shall certify and agree that no such proceeds derived from the sale of development loans to CRF shall be used for general operating expenses of the Qualified Seller or for public infrastructure improvements which are not directly and integrally related to specific improvements or activities of a revenue producing enterprise which also is receiving financial assistance from the Qualified Seller in the form of a Development Loan, either funded with moneys derived from the sale of one or more Development Loans to Seller or otherwise. Section 2. Optional and Mandatory Repurchase/Replacement of Development Loans A. Optional Repurchase/Replacement of Development Loans. At the option of and with the mutual agreement of CRF and Seller to be provided in the Loan Purchase Agreement as to any specific Development Loan, without limitation to or exclusion of any other rights or remedies CRF may have at law or in equity or under the terms of the Qualified Seller Agreement, upon the occurrence of any Default relating to any such Development Loan, CRF shall have the right to require Seller to repurchase or replace any or all Development Loans so in Default in the manner and in accordance with the provisions set forth below. B. Mandatory Repurchase/Replacement of Development Loans. If, as for any Development Loan purchased by CRF from Seller, any of the warranties and representations of the Seller are in fact untrue in any respect or if Seller fails to comply with any provision of the Loan Purchase Agreement or this Qualified Sellers Agreement, then CRF may, in its sole option and discretion, tender any such Development Loan to Seller for repurchase by Seller in the manner and in accordance with the provisions set forth below. C. Repurchase Price. The Seller shall, within ten days after the date of tender of such Development Loan by CRF pursuant to A or B hereof, pay to CRF the same percentage of the unpaid principal balance of the Development Loan as tendered that CRF paid to the Seller in connection with the original purchase of such Development Loan, with adjustments for interest and any comparable items at the time of repurchase and together with reimbursement to CRF for the aggregate amount of any advances and court costs, or other expenses that may have been incurred by CRF in connection with such Development Loan and the tender thereof. PZ 11 Section 3. Reports A. Initial Portfolio Summary. The Seller agrees that prior to the sale of its first loan to CRF, Seller shall provide a portfolio summary on the form attached to this agreement as Schedule IV attached hereto. B. Annual Report to CRF. Seller also agrees to provide an annual report to CRF containing at least the following information: (a) a description of how loan sale proceeds have been used, e.g. new loans made, types of projects financed, jobs created, etc.; (b) a summary of the performance of all loans in the Seller's portfolio over the preceding calendar years on the form attached to this Agreement as Schedule IV. Except for the Initial Portfolio Summary, during the period that this Qualified Seller Agreement is in force, Seller shall submit the portfolio summary as part of its annual report to CRF; (c) any other information, including photographs of projects financed from loan sale proceeds, that the Seller deems appropriate. CRF intends to use the information provided in the annual reports as a basis for fundraising and reporting to contributors and investors in the Secondary Market Program. Reports shall cover the preceding calendar year and shall be submitted to CRF not later than April 1 of each year. C. Interim Servicing Reports. Seller shall submit monthly the interim servicing reports described in Article IV, Section 1 of this Agreement. Article VI DEVELOPMENT LOAN CLOSING PROCEDURES Section 1. CRF Disbursement Procedure- -Loan Proceeds CRF will disburse the purchase price of a Development Loan in accordance with the following: Checks issued or wire transfers for the purchase price of a Development Loan will be made payable to the Seller or a designated payee as authorized on the Payment Instruction Authorization attached hereto as Exhibit (4). Generally, the Payment Instructions Authorization will be completed by Seller and is to be executed and returned upon execution of this Agreement. In the event that the Seller wishes to change its payment instructions, a new Payment Instructions Authorization must be executed and forwarded to CRF. Section 2. Delivery With Complete Documentation Seller shall make delivery of Development Loans by submitting loan packages by certified mail on or before the date specified in the Loan Purchase Agreement in the manner specified in this Section 2. Each Development Loan submission package should be checked against this Section 2. CRF has also provided a checklist as Schedule I which may be used by the Seller to assist in compliance with this Section. A completed copy of the checklist should be submitted with each Development Loan submission package. All documentation must be clear and legible. The following documents, secured at the top by a prong fastener (on the right side of a legal -sized manila folder) arranged in the order listed with the first item on top, must be forwarded to CRF. (Documents denoted by # must be originals; all other documents must be copies.) A. Financial Statements of the Borrower, as most recently prepared, reviewed or compiled, as applicable. 0 B. Amortization schedule reflecting the outstanding principal and interest payments. # C. The Note or other comparable instrument evidencing the Development Loan. The -10- reverse side of the Note must bear the following endorsement signed by the Seller. 'Pay to the Order of the Community Reinvestment Fund.' D. Any mortgage, as recorded and as amended or supplemented to date of Closing. # E. An assignment of the mortgage (CRF Form A -1), in recordable form. F. A UCC -11 Search of the County and Secretary of State's office reflecting the filings made to perfect the security interest of the Seller in the Collateral and an assignment thereof (using the UCC -3 form) to CRF. G. Any applicable title insurance policy. # K An assignment to CRF (using CRF Form A -2) of all other Development Loan Documents. I. Copies of evidence of all required insurance coverage, containing a loss mortgagee clause identifying CRF and requiring notice to CRF upon termination or modification thereof. # J. Any codents to assignments required by any of the Development Loan Documents. Section 3. Remedies CRF shall have the right to take one or more of the following actions in the event that the Seller submits a Development Loan package that does not meet the requirements of this Agreement: A. CRF may adjust the purchase price for the noncomplying Development Loan as liquidated damages. The minimum purchase price adjustment shall be 1/2 of 1% of the original principal balance of a Development Loan. B. CRF may, at its discretion, cancel this Qualified Sellers Agreement or any Loan Purchase Agreement. C. If a Development Loan has not yet been purchased, CRF may refuse to purchase the Development Loan. If a Development Loan has already been purchased, CRF may require that the Seller repurchase the Development Loan for the purchase price and in the manner provided in Article V Section 2C of this Agreement. D. The Seller may be precluded from participation in future CRF programs. Article VII MISCELLANEOUS Section 1. Notices All communications hereunder shall be in writing and, except as otherwise provided, shall be delivered at, or mailed or telegraphed to, the following addresses: if to CRF, to 1005 Foshay Tower, 821 Marquette Avenue, Minneapolis, Minnesota 55402 -2903 Attention: Frank Altman; if to the Seller, addressed to it at _, Attention: 0 11- Section 2. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Section 3. Parties in Interest This Agreement shall be binding upon and shall inure to the benefit of CRF and Seller, shall be for the benefit of investors in the Secondary Market Program and the successors and assigns of CRF, Seller and any such investors, and no other person shall acquire or have any right under or by virtue of this Agreement. Section 4. Time Time shall be of the essence of this Agreement. Section 5. Assignments The right, title and interest of CRF in, under and pursuant hereto and in, under and to the Development Loans and Development Loan Documents shall be assignable to any entity formed, sponsored or controlled by CRF for the purpose of the Secondary Market Program and any trustee, agent, fiduciary or investor therein or therefor. Section 6. Counterparts This Agreement may be executed in any number of counterparts. Section 7. Survivability The covenants, representations and warranties contained in this Agreement shall survive the purchase, sale, and delivery of any Development Loans. CITY OF HUTCHINSON (Seller) Un And By:. • DATED: _ 1989 COMMUNITY INVESTMENT FUND, INC. U3 Its: And By: -12- 0 SCHEDULES ATTACHED TO THE QUALIFIED SELLER AGREEMENT Checklist II. Sample Resolution Authorizing Sale of Loan by Seller's Governing Body III. Payment Instructions Authorization IV. Portfolio Summary V. Loan Purchase Agreement VI. Sample Resolution Approving Sale of Loan 0 \_J 13- SCHEDULEI CHECKLIST Seller shall make delivery of Development Loans by submitting loan packages by certified mail addressed to CRF as provided in Article VII hereof. Each Development Loan submission package should be checked against this Article V, Section 21 of the Qualified Sellers Agreement. All documentation must be clear and legible. The following documents, secured at the top by a prong fastener (on the right side of a legal -sized manila folder) arranged in the order listed with the first item on top, must be forwarded to CRF. (Documents denoted by # must be originals; all other documents must be copies.) A. Financial Statements of Borrower, as most recently prepared, reviewed orcompiled, as applicable. B. Amortization schedule reflecting the outstanding principal and interest payments. # C. The Note or other comparable instrument evidencing the Development Loan. The reverse side'of the Note must bear the following endorsement signed by the Seller: "Pay to the Order of the Community Reinvestment Fund." D. Any mortgage, as recorded and as amended or supplemented to date of Closing. # E. An assignment of the mortgage (CRF Form A -1), duly recorded. 40 F. A UCC -11 Search of the County and Secretary of State's office reflecting the filings made to perfect the security interest of the Seller in the Collateral and an assignment thereof (using the UCC -3 form) to CRF. l_ J G. Any applicable title insurance policy. # H. An assignment to CRF (using CRF Form A -2) of all other Development Loan Documents. I. Copies of evidence of all required insurance coverage, containing a loss mortgagee clause identifying CRF and requiring notice to CRF upon termination or modification thereof. # J. Any consents to assignments required by any of the Development Loan Documents. -14- SCHEDULE II SAMPLE QUALIFIED SELLER'S RESOLUTION APPROVING SALE OF LOAN(S) TO COMMUNITY REINVESTMENT FUND DATA: Name of Qualified Type of Seller (e.g. City, HRA, Minnesota nonprofit corporation, etc.) Date of Adoption of Resolution: Type of Meeting: Regular or Special Time of Meeting: Place of Meeting: Members Present: Members Absent: Members Voting in Favor of Resolution: Members Voting Against Resolution: Loan(s) to be Sold;Obligor(s): Approximate Principal Amount: H. CERTIFICATION: I, the undersigned, being the duly qualified and acting of the Qualified Seller referred to above hereby certify that attached hereto as Exhibit A is a true and complete copy of a resolution entitled "Qualified Seller's Resolution Approving Sale of Loan to Community Reinvestment Fund' duly adopted by the governing body of the Qualified Seller identified above on the date referred to above at a meeting duly noticed, called and held at which a quorum was present, such resolution being duly adopted by a majority of the Board. Such resolution is in full force and effect and has not been amended or repealed [Insert Name of Qualified Seller] By: Its: Date: 1989 Mis 0 0 Exhibit A QUALIFIED SELLER'S RESOLUTION APPROVING SALE OF LOAN TO COMMUNITY REINVESTMENT FUND RECITALS WHEREAS, the Qualified Seller described on the cover sheet hereof (the "Qualified Seller ") is authorized and empowered to sell the loan described on the cover sheet hereof (the 'Loan") to Community Reinvestment Fund, Inc., a Minnesota nonprofit corporation and /or its assigns ( "CRF"); and WHEREAS, the Qualified Seller has heretofore entered into the Qualified Seller Agreement identified on the cover hereof, and WHEREAS, on this date, this governing body has received a proposed Loan Purchase Agreement and has been advised of the estimated purchase price which CRF is willing to pay for the Loan;and WHEREAS, Qualified Seller deems the sale of the Loan to CRF pursuant to the proposed Loan Purchase Agreement to be in the best interest of the Qualified Seller; NOW, THEREFORE, BE IT RESOLVED by the governing body of the Qualified Seller as follows: 1. The sale of the Loan to CRF pursuant to the Loan Purchase Agreement is hereby authorized and approved. 2. The and of the Qualified Seller shall be authorized to execute, deliver and perform the Loan Purchase Agreement and any assignment, agreement, instrument, certificate or other document contemplated by the Loan Purchase Agreement in order to effectuate the sale of the Loan to CRF pursuant to the Loan Purchase Agreement. 3. The Loan Purchase Agreement shall be in substantially the form approved hereby, but with all such changes therein not inconsistent with law as shall be approved by the officers authorized to execute and deliver the same, including any final purchase price established pursuant to such Loan Purchase Agreement, which approval of any such changes by such officers shall be conclusively evidenced by the execution thereof. 4. CRF shall be entitled to rely upon the due adoption of this Resolution and the approval of the sale of the Loan and this Resolution shall continue in full force and effect and shall be binding upon the Qualified Seller unless CRF is notified in writing by certified mail, return receipt requested, addressed to CRF as follows: Community Reinvestment Fund 1005 Foshay Tower 821 Marquette Avenue Minneapolis, Minnesota 55402 Attention: President and such notice of revocation or amendment of this Resolution shall not be effective against CRF or any person relying upon a certified copy of this Resolution until fourteen (14) days following receipt of such notice by CRF in the manner described herein. -16- SCHEDULE III PAYMENT INSTRUC'T'IONS AUTHORIZATION This form must be completed for each application- commitment agreement reviewed by CRF. Choose the one method of payment which you wish to use in receiving loan settlement funds under the CRF Secondary Market Program. This authorization must be signed by an appropriate officer Payment Contact Person. FOR CRF USE ONLY Lender Name Lender I.D. Servicer I.D. Seller's Address: Organization: Street: City: State: Zip: Telephone: Method of Payment: (Please check one) CHECK to above address or CHECK to: Bank Name Street Address City/State/Zip tr WIRE to: Signature: Account Number Payee Bank(Name of Institution) State Tax I.D. Federal Tax -17- Date 0 Total Loans in Portfolio Total Delinquent Loans Period of Delinquency 30 -59 days 60-89 days 90+ days In Foreclosure 0 SCHEDULE IV PORTFOLIO SUNASARY FYE:12/31/86 FYE:12/31/87 FYE:12/31/98 Outstanding Outstanding Outstanding No. Balance No. Balance No. Balance I" I" SCHEDULE V SAMPLE RESOLUTION APPROVING QUALIFIED SELLER AGREEMENT WITH COMMUNITY REINVESTMENT FUND I. REFERENCE DATA: Name of Qualified Seller: Type of Seller (e.g. City, HRA, Minnesota nonprofit corporation, Date of Adoption of Resolution: Type of Meeting: Regular or Special Time of Meeting: Place of Meeting: Members Present: Members Absent: Members Voting in Favor of Resolution: Members Voting Against Resolution: II. CERTIFICATION: I, the undersigned, being the duly qualified and acting of the entity referred to above hereby certify that attached hereto as Exhibit A is a true and complete copy of a resolution entitled "Resolution Approving Qualified Seller Agreement With Community Reinvestment Fund" duly adopted by the governing body of the Qualified Seller identified above on the date referred to above at a meeting duly noticed, called and held at which a quorum was present, such resolution being duly adopted by a majority of the Board. Such resolution is in full force and effect and has not been amended or repealed. [Insert Name of Qualified Seller] By: Its: Date: _ 1989 19- 0 Exhibit A RESOLUTION APPROVING QUALIFIED SELLER SALE AGREEMENT WITH COMMUNITY REINVESTMENT FUND RECITALS WHEREAS, the entity described on the cover sheet hereof desires to participate in a program sponsored by Community Reinvestment Fund, Inc , a Minnesota nonprofit corporation ( "CRF), pursuant to which various municipalities, development corporations, nonprofit corporations and others who have made and /or presently own certain types of Development Loans (defined below) desire to sell such Development Loans for the purpose of raising funds to be used for reinvestment in new Development Loans or certain other permitted purposes; and WHEREAS, on this date the governing body has received a form of Qualified Seller Agreement from CRF setting forth the requirements of CRF applicable (i) to the Development Loans (as therein defined) and (ii) to entities qualified to sell Development Loans to CRF (herein "Qualified Sellers"); WHEREAS, this governing body deems the sale of one or more Development Loans to CRF pursuant to the proposed Qualified Seller Agreement to be in the best interest of this body, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The entity described on the cover sheet hereof hereby determines that it qualifies as a seller of Development Loans under the Qualified Seller Agreement and wishes to become a "Qualified Seller ". 2 The and of this body shall be authorized to execute, deliver and perform the Qualified Seller Agreement and any assignment, agreement, instrument, certificate or other document contemplated by the Qualified Seller Agreement. 3. The Qualified Seller Agreement shall be in substantially the form approved hereby, but with all such changes therein not inconsistent with law as shall be approved by the officers authorized to execute and deliver the same, which approval shall be conclusively evidenced by the execution thereof. -20- i 0 EXHIBIT A PRELIMINARY LOAN PURCHASE SUMMARY PRESENTED TO THE CITY OF HUTCHINSON, MINNESOTA LOAN TO: New Dimension Plating Inc. CRF Loan Number 5004701 Remaining Principal as of June 1, 1989: $125,505.80 Interest Rate: 8.00% Remaining Term: 9 years ESTIMATED LOAN PURCHASE PRICE: $100,967.69 — I The estimate presented here is based on current market conditions which may change between now and the date of closing. The Actual Purchase Price will be determined on the date of closing, and payment shall be in the form of cash and a Credit Reserve Retainage which is an agreement to reimburse Seller a portion of the Seller's Surplus under certain circumstances as described in Section 9 of the Loan Purchase Agreement subject to various assumptions and conditions, including no default by the Borrower. The right to be reimbursed out of the Seller's Surplus, which may be forfeited as provided in Section 9 of the Loan Purchase Agreement, has been mutually agreed to be valued as three (3) percent of the remaining principal balance of the Loan based on the risk associated with the particular loan. Cash: $97,202.51 Discount for Credit Reserve Retainage: $3,765.17 Total: $100,967.69 MARKET CONDITIONS Current market conditions require that this loan yield between 175 and 350 basis points above the most current Treasury Bond Yield described above (herein, the "Market Rate "). Because the stated interest rate on the Loan is less than the currently estimated Market Rate for an obligation of similar term and credit quality, the loan must be discounted to yield the currently estimated Market Rate. The Actual Purchase Price will be computed based on the yield derived from the most recent Treasury Bond auction and an adjustment of not more than 300 basis points above such yield. PRICING INFORMATION The estimated loan purchase price has been calculated by subtracting from the loan's remaining principal value the following components: Estimated Market Value and Estimated Transaction Fees. Pricing Component Dollar Value Discount Remaining Principal Balance: $125,505.80 Estimated Market Value Discount: $18,262.82 15% Estimated Transaction Fees: $6275.2 9 5% Estimated Purchase Price: $1003967.69 200/c IE LENDING CAPACITY ANALYSIS I Selling loans_ increases the capacity of a development organization to male additional loans. The information presented below compares the existing lending capacity, attributable to this loan only, if the loan is held to term. If the loan is sold under the conditions shown above, and subsequent loans are also sold at the same discounts as the original loan, Hutchinson Community Development Corporation's lending capacity increases substantially. Existing lending capacity if loan is not sold: $178,654.68 Lending capacity if loan is sold: $411,358.28 If future loans made from the proceeds of this loan sale bear higher interest rates, the lending capacity will increase even more than that shown above. 0 BASIC FACTS RELATIVE TO DISCOUNTING OF NEW DIMENSIONS LOAN: 1. CURRENT BALANCE $126,287.56 2. REMAINING MONTHS OF LOAN 110 3. TOTAL PRINCIPAL AND INTEREST TO BE RETURNED ON THE LOAN FROM THIS POINT ON $178,604.67 4. IF LOAN IS SOLD AND WE COULD REINVEST $100,000 FOR THE REMAINDER OF THE LOAN TERM WE WOULD ONLY NEED TO RECEIVE 6.45% TO BREAKEVEN. 5. IF PROCEEDS WERE EARNING 8% FOR REST OF LOAN TERM, THE TOTAL RETURN WOULD BE $205,512 OR ALMOST $30,000 MORE WITH ABSOLUTELY NO RISK. 6. IF LOAN WERE DISCOUNTED DIRECT TO NEW DIMENSIONS AND THEY HAD TO BORROW THE $100,000 TO PAY US OFF, AND IF HE HAD TO BORROW AT 12.5 %, HIS PAYMENT FOR A LIKE TERM WOULD BE $1,531.52. SO TOTAL SAVINGS TO COMPANY IS NEGLIGIBLE. REASONS TO DISCOUNT I REASONS TO RETAIN 1. NO ADDITIONAL RISK 2. ABILITY TO FUND ADDITIONAL PROJECTS 3. POSSIBILITY OF ADDITIONAL INTEREST EARNINGS 4. NO MATERIAL DIFFERENCE TO COMPANY 5. SOUND DECISION IF TROUBLE IS PERCEIVED 1. KEEPING WITH INTENT OF LOAN 2. NOT NECESSARY TO SELL PROGRAM TO COUNCIL 3. • 0 0 (612) 587 -5151 y�ry' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 April 28, 1989 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: HAZEL SITZ, PERSONNEL /TRANSIT COORDINATOR l RE: HUTCHMOBILE SCHEDULE AND POLICIES Information was presented to the Council earlier this year about bus service changes that were being considered. I now propose to make the following changes effective June 5. 1. Change the service schedule to operate 5 shuttles daily instead of the previous 7. The two least -used shuttle routes (11:25 a.m. and 4:25 p.m.) would be eliminated, with dial -a -ride service to take care of the needs at those times. If this causes a scheduling problem, we could reinstate the two shuttles again in September. 2. Simplify from a 2 -price fare to a single rate of $.75. Presently we charge f.60 for advance reservations /shuttle and f.85 for same -day requests. About 70% of riders pay the lower price now, so this would result in slightly higher revenues. We would continue to print coupon books for sale at a small discount. 3. Increase the price of the 'Courtesy Coupons' used by businesses, schools and institutions from f.30 per ride to $.40 per ride. These are sold in lots of 50 and have been used extensively, especially by the schools. The new imprint would state 'Not for Resale,' since they are intended to be used for business promotions, social service agencies or titled educational programs, not as cut -rate rides for individuals. 4. Initiate a monthly pass (non- transferable) for $20. Any passenger who rides more than 27 times per month would benefit from this pass. At present, this might be 15 or more individuals. These changes are in line with trends in other transit systems throughout the state and have been suggested in part by our MN /DOT Transit Project manager. 0 (612) E H• U - T - C - H - I - N - S - O•N M• 1 - N - N - E - S - O•T•A 0 37 Washington Ave. W. • Hutchinson, MN 55350 M E M O R A N D U M TO: Mayor and City Council FROM: Skip Quade, Chairman MAINSTREET - SUBJECT: BANNERS FOR MAIN STREET Date: April 27, 1989 0 Hutchinson MAINSTREET - Hutchinson requests your authorization to place 32 MAINSTREET - Hutchinson banners on the light poles on Main Street from College Hill to 4th Ave SE. MAINSTREET - Hutchinson will be designing the banners and be responsible for the cost of the banner and the brackets. We request that the City install the brackets and hang the banners. We propose to hang the banners June 12, 1989, so they will be in place for Water Carnival and remain thru the Arts and Crafts Festival. The banner will be 30" X 60" have a white background, black lettering with a teal colored building. The Design Committe of MAINSTREET - Hutchinson will be attending the City Council meeting and have a sample of the proposed banner. The contact person for this project is Jan Carney. Thank you for your consideration. (attachment) /bb ME 16 6h. -rvs„ 4 CCU pV P(.A rw 9 I �I - }NNE f Ti KA CIK r V07-C f T�CACKC-T S 47- r*Cff" -b TD PCJ E W1 ST, tAZ0 -3S STLS� STRAR°,nla AND cc*NtPS CTrI.Z Rcc3D F" 159A'k'cT -4-- Q i I • PaQ V (9(9 -no$ hATfP�,(L - s7E�L Go2R05 (O�J Pj°�7TECT�ON %iOT PIP GhLV, OK ZUJCRO l6ATC ,!;-I V 15 ZOKL � un� +nu�mm�a�►nn � W � HUT NINSON 0 0 BID SUMMARY SHEET $830,000 Nursing Home Revenue Bonds, Series 1989 City of Hutchinson, Minnesota SALE: Tuesday, May 9, 1989 BID OPENING: 2:00 P.M. AWARD: 7:30 P.M. Account Manager: DOUGHERTY, DAWKINS, STRAND & YOST, INC. Account Members: Net Interest Cost: $ 653.345.00 Net Interest Rate: 8.0809 Bid Ranking: 2 • Account Manager: MILLER & SCHROEDER FINANCIAL, INC. • Account Members: Net Interest Cost: $_697.682.50 Net Interest Rate: 8.6293 Bid Ranking: 4 Account Manager: Account Members: MILLER SECURITIES, INC. Net Interest Cost: $ 639-199.00 Net Interest Rate: 7.9059 Bid Ranking: 1 02248 EHLERS AND ASSOCIATES, INC. q, E. Account Manager: MOORE, JURAN & COMPANY, INC. Account Members: Net Interest Cost: $ 680, 050.00 Net Interest Rate: 8.4112 Bid Ranking: Account Manager: Account Members: Net Interest Cost: $ Net Interest Rate: Bid Ranking: Account Manager: Account Members: Net Interest Cost: $ Net Interest Rate: Bid Ranking: Account Manager: Account Members: Net Interest Cost: $ Net Interest Rate: Bid Ranking: 3 • • 0 11 BID FORM The City Council Hutchinson, Minnesota RE: $830,000 Nursing Home Revenue Bonds, Series 1989, Dated May 1, 1989 May 9, 1989 For all or none of the above bonds, in accordance with the Terms and Conditions of Sale, we will pay you $ / •S -cra , (not less than $814,000) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: We enclose our good faith deposit in the amount of $16,600, to be held by you pending delivery and payment. Alternatively, we have wired our good faith deposit to the Ehlers & Associates, Inc. Bond Issue Escrow Account 11850 -788 -1 at Resource Bank & Trust Co., Minneapolis, Minnesota. If our bid is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers & Associates, Inc., as escrow holder of the good faith deposit, pursuant to the Offering Statement dated May 3, 1989. This bid is for prompt acceptance and is conditional upon delivery of said bonds to us or to a named registrar within 40 days from date hereof, or thereafter at our option. The bonds shall be fully registrable as to principal and interest and the City will select the registrar /paying agent and pay the customary charges. Account Manager: MTT.i.F.R SF.f i1RTTTFC, INC By: JEROME D. OLSON ACCOUNT MEMBERS: BIDDING ALONE The foregoing offer is hereby accepted by and on behalf of the City Council of the Hutchinson, Minnesota this day of May, 1989. Attest: Title: By: Title: According to our computations (the correct computation being controlling in the award), the total net interest cost of the above bid is $ !1 crz/ and the average net effective interest rate is 2. 70 S 7 %. Good faith deposit received (for return to unsuccessful bidder) v due 1991 -7--4--% due 1996 .7 5 % due 2001 2 due 1992 _% due 1997 % due 2002 OZY % due 1993 % -% due 1998 _-7 7.5<!5 % due 2003 _fr_% due 1994 due 1999 Z-1,51 due 2004 �_% due 1995 %_ %S % due 2000 We enclose our good faith deposit in the amount of $16,600, to be held by you pending delivery and payment. Alternatively, we have wired our good faith deposit to the Ehlers & Associates, Inc. Bond Issue Escrow Account 11850 -788 -1 at Resource Bank & Trust Co., Minneapolis, Minnesota. If our bid is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers & Associates, Inc., as escrow holder of the good faith deposit, pursuant to the Offering Statement dated May 3, 1989. This bid is for prompt acceptance and is conditional upon delivery of said bonds to us or to a named registrar within 40 days from date hereof, or thereafter at our option. The bonds shall be fully registrable as to principal and interest and the City will select the registrar /paying agent and pay the customary charges. Account Manager: MTT.i.F.R SF.f i1RTTTFC, INC By: JEROME D. OLSON ACCOUNT MEMBERS: BIDDING ALONE The foregoing offer is hereby accepted by and on behalf of the City Council of the Hutchinson, Minnesota this day of May, 1989. Attest: Title: By: Title: According to our computations (the correct computation being controlling in the award), the total net interest cost of the above bid is $ !1 crz/ and the average net effective interest rate is 2. 70 S 7 %. Good faith deposit received (for return to unsuccessful bidder) v 0 Ll BID FORM The City Council Hutchinson, Minnesota RE: $830,000 Nursing Home Revenue Bonds, Series 1989, Dated May 1, 1989 May 9, 1989 For all or none of the above bonds, in accordance with the Terms and Conditions of Sale, we will pay you $ SL4 dW — , (not less than $814,000) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: g v� % due 1991 �% due 1992 % due 1993 ;r--2% due 1994 i �z % due 1995 7 _% due 1996 � due 1997 % x due 1998 x due 1999 1r-j_X due 2000 due 2001 S due 2002 �! x due 2003 S-4, % due 2004 We enclose our good faith deposit in the amount of $16,600, to be held by you pending delivery and payment. Alternatively, we have wired our good faith deposit to the Ehlers S Associates, Inc. Bond Issue Escrow Account #850 -788 -1 at Resource Bank 6 Trust Co., Minneapolis, Minnesota. If our bid is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers & Associates, Inc., as escrow holder of the good faith deposit, pursuant to the Offering Statement dated May 3, 1989. This bid is for prompt acceptance and is conditional upon delivery of said bonds to us or to a named registrar within 40 days from date hereof, or thereafter at our option. The bonds shall be fully registrable as to principal and interest and the City will select the registrar /paying agent and pay the customary charges. Account Manager: Miller & Schroeder Financi -l: jJ,�QPt� Inc. « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « The foregoing offer is hereby accepted by and on behalf of the City Council of the Hutchinson, Minnesota this day of May, 1989. Attest: Title: By: Title: According to our computations (the correct computation being controlling in the • award), the total net interest cost of the above bid is = GZ,LR . SD and the average net effective interest rate is 94/%a 93 x. Good faith deposit received (for return to unsuccessful bidder) DOI?SEY & WHITNEY q 'E1 w P�muaNlF M1cwlao Paorsaaww.i EPareu,yPa DDB PARE ATHNUR 2200 FIRST BANK PLACE EAST NEW TOE=. NEW ToRC 10022 1908 MEET INTERSTATE CENTER MINNEAPOLIS, MINNESOTA 55402 (RI9) Y6•RBOO 9a AOHTE a•• STREET (612) 340 -2600 P. 0. nee STREET 0 ORACBCH UOAT ENGLAND TELEX 29 -0006 LONDON RCDT OAT, ENOLAAD - ON EILLIN02, ROATAXA DBIBD (AO6IYH8 -gggg 01_gp9•� LELECOPIEp (012 1 040 -286D 06, HUE TRONCHET ¢OI D"IDSON BUILDINO !BOOB PARIS, MuAa B THIRD STREET NORTH 0I- 42- 66 -59 -49 GREAT PALLS. MORTARA 59401 340 MRBT NATIONAL HANB BQILDINO (406J n?T -060¢ P. O. BOX B ROCRESTER, MINNESOTA 66900 I¢} EAST PHONT STREET MISSOULA. MONTANA 69809 (eOT�¢BB•0156 (gO61T0-6096 610 NORTH CENTRAL LIFE TOWER 946 MINNESOTA STREET 015 MHST NATIONAL HANE BUTLMNO ST. PAUL, MIITNBSMA SUM May 3, 1989 }INTENTS, MTNNatoa BERRI (812)¢9} -&M' � (e19)9rz_o0n1 n� uAr. Gary D. Plotz City Administrator p v3456 �89 City of Hutchinson � RI 37 Washington Avenue West �° p,1 =Y1989 N Hutchinson, Minnesota 55350 CEVM W N p Mr. Kenneth Merrill c BY._._�_... City Finance Director City of Hutchinson �2Z1a0Z6�$`��� yy 37 Washington Avenue West rl` Hutchinson, Minnesota 55350 Mr. William Fahey Ehlers and Associates 2950 Norwest Center 90 South 7th Street Minneapolis, Minnesota 55402 Ms. Nancy Liss Ehlers and Associates 2950 Norwest Center 90 South 7th Street Minneapolis, Minnesota 55402 Re: $830,000 Nursing Home Revenue Bonds, Series 1989 City of Hutchinson, Minnesota Dear Ms. Liss and Gentlemen: O Enclosed is a draft of the Bond Resolution the bonds referred to above for consideration by \ p-,d for aT a the Council City at its meeting on Tuesday, May 11th. Please the review i resolution to ensure that it conforms to your expectations. You should pay particular attention to the provisions of Section 4, which sets forth the revenue pledge, the provision q 'E1 UoRSEY & WHITNEY Page -2- Mr. Gary D. Plotz Mr. Kenneth Merrill May 3, 1989 Mr. William Fahey Ms. Nancy Liss relating to the reserve fund, the provisions for the issuance of parity additional bonds and subordinate additional bonds and the covenants of the City with respect to the operation of the Burns Manor Nursing Home. If you have any questions, please give me a call. Yours truly, Jerome P. Gilligan e✓ . JPG:cmn Enclosure LJ 0 • 0 r� U The City Administrator presented affidavits showing publication in a legal newspaper having general circulation in the City, and in a daily or weekly periodical published in a Minnesota city of the first class, which circulates throughout the state and furnishes financial news as a part of its service, of the notice of sale of $830,000 Nursing Home Revenue Bonds, Series 1989 of the City, bids for which are to be considered at this meeting as provided by the resolution of the City Council adopted April 11, 1989. The affidavits were examined and approved and ordered placed on file in the office of the City Administrator. It was reported that —�— sealed bids for the purchase of said Bonds had been received from the following institutions at or before the time stated in the notice, and the bids were then publicly read and considered, and were all found to conform to the notice of sale and the terms and conditions of sale and to be accompanied by the required security, and the purchase price, interest rates and net interest cost under the terms of each bid were found to be as follows: Bidder Purchase Price Interest Rates Net Interest Cost 9F 0 Councilmember then introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $830,000 NURSING HOME REVENUE BONDS, SERIES 1989; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: Section 1. Recitals, Authorization and Sale of Bonds. 1.01. Authorization and Recitals. This Council under the authority of Minnesota Statutes, Sections 447.45 to 447.50 and Chapter 475 and pursuant to a resolution adopted by this Council on April 11, 1989 determined that it is necessary and expedient for the City to issue and sell its Nursing Home Revenue Bonds, Series 1989 (the Bonds) to defray the expenses incurred and to be incurred by the City in constructing improvements to the City's nursing home, which is known as the Burns Manor Nursing Home (the Facility), and acquiring and installing items of equipment therein, including every item of • costs of the kinds authorized in Minnesota Statutes, Section 475.56. $16,000 of the principal amount of the Bonds represents interest as provided in Minnesota Statutes, Section 475.56. Under Minnesota Statutes, Sections 447.45 to 447.50, the City is authorized to issue revenue bonds to finance the betterment of the Facility, and to pledge and appropriate the revenues to be derived from operation thereof to pay the principal of and interest on the Bonds when due; to create and maintain reserves for that purpose and for the purpose of paying operating expenses of the Facility; and to make and enter into all covenants determined to be necessary or proper to assure the marketability of the Bonds, the completion of the improvements to the Facility, the segregation of the revenues pledged, and the sufficiency thereof for the prompt and full payment of all of the Bonds and interest thereon. There are presently no outstanding obligations of the City which are payable from the revenues of the Facility. 1.02. Sale of Bonds. Notice of the sale of the BOnds was duly published as required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond Sale and the Terms and Conditions of Sale, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been • determined. The most favorable proposal received is that of • , of (the Purchaser), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. • • 1.03. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: -2- 0 [Face of the Bonds] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON NURSING HOME REVENUE BOND SERIES 1989 Date of Interest Rate Maturity Original Issue CUSIP May 1, 1989 SEE REVERSE FOR CERTAIN DEFINITIONS -3- 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 named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on May 1 and November 1 in each year, commencing November 1, 1989, 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 principal office of the Bond Registrar hereinafter designated, the principal hereof are payable in lawful money of the United States of America by check or draft of of I , as bond registrar, transfer agent and paying agent (the Bond Registrar), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes . have the same effect as though fully set forth hereon. -3- • This Bond shall not be valid or become 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 the manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Administrator and by a printed facsimile of the official seal of the City. (Facsimile Signature) City Administrator Date of Authentication: �J • (Facsimile Seal) (Facsimile Signature) Mayor iCERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $830,000 (the Bonds), issued pursuant to a resolution adopted by the City Council on May 9, 1989 (the Resolution), to finance the costs of constructing improvements to the City's nursing home facility (the Facility) and acquiring and installing items of equipment therein, 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, Sections 447.45 to 447.50 and Chapter 475. The Bonds are payable from net revenues derived from the operation of the Facility which have been pledged to the payment of the Bonds by the Resolution and from amounts on deposit in the Reserve Account established by the Resolution (the Reserve Account). This Bond shall not be payable from nor charged upon any funds of the City other than the net revenues of the Facility pledged to the payment thereof and amounts on hand in the Reserve Account. No owner of this Bond shall ever have the right to compel any exercise of the taxing powers of the City to pay this Bond or the interest thereon, nor to enforce payment thereof against any property of the City, except the net revenues of the Facility and amounts on hand in the Reserve Account. The Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 1991 through 1993 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 1994 and later years 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 in $5,000 principal amounts selected by lot within a maturity, on May 1, 1993 and on any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. At least thirty ® days prior to the date set for redemption of any Bond, notice -5- of the call for redemption will be published in a daily or weekly periodical, published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate • and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. 0 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 this Bond a valid and binding obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form as so required; that in the Resolution the City has pledged the net revenues to be derived from the operation of the Facility to the payment of the Bonds; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. Q. [A copy of the opinion of Bond Counsel shall be printed on the Bonds, below which the following certificate shall appear.) We certify that the above is a full, true and correct copy of the legal opinion rendered by Bond Counsel on the issue of Bonds of the City of Hutchinson, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Administrator The following abbrevia inscription on the face of this though they were written out in laws or regulations: (Facsimile Signature) Mayor =ions, when used in the Bond, shall be construed as full according to applicable TEN COM -- as tenants UNIF GIFT MIN ACT..... Custodian..... in common (Gust) (Minor) TEN ENT -- as tenants by the entireties • under Uniform Gifts to JT TEN -- as joint tenants Minor3 with right of survivorship and Act ...................... not as tenants in (State) common Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: 0 PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: I I 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, enlarge- ment or any change whatsoever. Signature(s) must be guaran- teed by a commercial bank or trust company or by a broker- age firm having a membership in one of the major stock exchanges. Section 3. Bond Terms Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "Nursing Home Revenue Bonds, Series 1989" and shall be payable primarily from the Bond Account of the City created in Section 4.04 hereof. The Bonds shall be dated initially as of May 1, 1989, shall be issuable in the denominations of $5,000 or any integral multiple thereof, shall mature on May 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from May 1, 1989 until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts, respectively: Year Amount Rate Year Amount Rate 1991 $30,000 % 1998 $ 50,000 % 1992 25,000 1999 75,000 1993 50,000 2000 75,000 1994 50,000 2001 75,000 1995 50,000 2002 75,000 1996 50,000 2003 75,000 1997 50,000 2004 100,000 The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of a Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. . 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on May 1 and November 1 in each year, no commencing November 1, 1989, to the owners thereof as such appear of record in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bend register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (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, interest rate and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly 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 valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur 40 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, interest rate, 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 receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1. 3.04. Appointment of Initial Registrar. The City hereby appoints , of -10- , as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver a contract with the Registrar on behalf of the City. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator shall transmit to the Registrar, from the Bond Account described in Section 4.04, money sufficient for the payment of all principal and interest then due. 3.05. Redemption. Bonds maturing in the years 1991 through 1993 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in 1994 and later years are each subject to redemption, at the option of the City and in whole or in part, • and if in part in inverse order of maturities and in $5,000 principal amounts selected by lot within a maturity, on May 1, 1993 and on any interest payment date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Notice of redemption shall be published in a newspaper which is published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and shall be mailed by the City Administrator, at least 30 days before the date of redemption, to the Registrar and to the holder of each Bond to be redeemed. 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. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator and shall be sealed with the official corporate seal of the City; provided that said signatures and the corporate seal may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such -11- officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of 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 upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions. 4.01. Nursing Home Fund. So long as the Bonds and any additional bonds payable from the Bond Account, as hereinafter defined, issued under Section 4.09 hereof are outstanding, all of the gross income and revenue derived from the operation of the Facility, and of any further additions or improvements to the Facility, including all amounts received with respect to services and commodities furnished by the Facility to any person, and any lease rentals from the Facility, are hereby set aside, appropriated and pledged to the Nursing Home Facility Fund, which is hereby created and shall be maintained as a separate and special fund on the books of the City (the Nursing Home Facility Fund). The City =tee shall maintain the books and records showing all receipts and disbursements of revenues herein pledged to the Nursing Home Facility Fund and of all other moneys pertaining to the Facility, on which books and records there shall be maintained the separate subfunds or accounts hereinafter designated in this Section 4. 4.02. Capital Expenditures Account. In the Nursing Home Facility Fund there is created and shall be maintained as a separate account a Capital Expenditures Account (the Capital Expenditures Account). The Capital Expenditures Account shall be used only to pay expenses which under generally accepted accounting principles constitute capital costs necessarily incurred for the acquisition and betterment of nursing home related facilities, including the Facility, and including but not limited to land, easements, buildings, structures and equipment; the cost of all architectural, engineering, legal and other professional services, printing and publication, and other costs reasonably necessary and incidental thereto; and interest on the Bonds or additional bonds issued to finance -12- • capital improvements or additions to the Facility and any improvements or additions thereto and for a reasonable period thereafter. To this Account shall be credited all of the proceeds of the Bonds except the amount thereof to be deposited in the Bond Account and the Reserve Account as provided in Sections 4.04 and 4.05, and the proceeds of any other bonds of the City issued in the future as contemplated by this Resolution or otherwise, for the financing of capital improvements or additions to the Facility, and such other moneys as may from time to time be appropriated thereto for this purpose. The balance, if any, remaining in the Capital Expenditures Account after completion of any improvement or addition to the Facility, including but not limited to, the improvements financed with the Bonds, shall be transferred to the Bond Account to the extent necessary to pay interest on bonds payable therefrom and if not so required shall be transferred to the Operating Account for working capital. 4.03. Operating Account. In the Nursing Home Facility Fund there is created and shall be maintained as a separate account an Operating Account (the Operating Account). All gross revenues received from the operation of the Facility and all other funds appropriated to pay costs of operation, administration and maintenance of the Facility shall be credited to the Operating Account. The moneys on hand in the • Operating Account shall be used only to pay promptly when due, expenses which under generally accepted accounting principles constitute current, reasonable and necessary costs of the operation, maintenance and current repair of the Facility, exclusive of depreciation and interest costs, and to maintain a reasonable working reserve for recurring expenses. The revenues of the Facility from time to time on hand in the Operating Account in excess of the foregoing requirements are the net revenues pledged and appropriated to make the transfers to the other subfunds or accounts in the Nursing Home Facility Fund required in this Section 4. s 4.04. Bond Account. In the Nursing Home Facility Fund there is created and shall be maintained as a separate account a Bond Account (the Bond Account). There is hereby appropriated to the Bond Account from the proceeds of the Bonds, the sum of $ to pay the estimated interest to accrue on the Bonds during the period of construction of the improvements to the Facility to be financed with the Bonds. Commencing in May, 1990, there is appropriated and shall be credited to the Bond Account each month from the net revenues on hand in the Operating Account, a sum of not less than one - twelfth of the total amount of principal to become due on the next two interest payment dates, and a sum not less than one -sixth of the total amount of interest to become due on the next interest payment date on all of the then outstanding bonds -13- . payable from the Bond Account. This requirement is cumulative, and if the full amount required cannot be transferred in any month, the deficiency shall be restored from the next net revenues available. The moneys on hand in the Bond Account shall be used only to pay the principal of and interest on the Bonds and on any additional bonds payable from the Bond Account issued pursuant to Section 4.09 hereof when due. The balance therein on each payment date shall be used first pro rata to pay the interest then due on all of said bonds, and then pro rata to pay the principal then due. Upon the call of any such bonds for redemption in advance of maturity, there shall also be appropriated and credited in the Bond Account, over and above the amounts herein required, additional funds from surplus revenues, the Reserve Account or the proceeds of refunding bonds sufficient to pay the principal amount of the obligations redeemed and the premium required for such redemption, if any. 4.05. Reserve Account. In the Nursing Home Facility Fund there is created and shall be maintained as a separate account a Reserve Account (the Reserve Account). There is hereby appropriated and shall be credited to the Reserve Account from the proceeds of the Bonds, the sum of $ There shall be maintained in the Reserve Account an amount equal to the "Reserve Requirement ", as hereinafter defined. • The "Reserve Requirement" shall be an amount equal to the lesser of (i) ten percent (10 %) of the aggregate original principal amount of all series of bonds payable from the Bond Account (including any additional bonds issued pursuant to Section 4.09) which are then outstanding or (ii) the maximum amount of principal and interest to come due in any future calendar year on all bonds payable from the Bond Account (including any additional bonds issued pursuant to Section 4.09). In calculating the amount on deposit in the Reserve Account, investments therein shall be valued at the market value thereof. All income derived from the investment of amounts in the Reserve Account shall remain in, and be credited to, the Reserve Account if the balance therein is less than the Reserve Requirement until such time as the balance therein is equal to the Reserve Requirement. If the balance in the Reserve Account equals or exceeds the Reserve Requirement, the income shall be transferred to any Account established pursuant to Section 4.07 or to the Repair and Replacement Account. If the balance in the Reserve Account is less than the Reserve Requirement there shall be transferred to the Reserve Account the net revenues remaining after the required transfers to the Operating Account and Bond Account until the balance therein equals the Reserve Requirement. If the balance in the Reserve Account exceeds the Reserve Requirement, the excess may be transferred to any Account established pursuant to Section 4.07 . or to the Repair and Replacement Account. Amounts in the -14- • Reserve Account can only be used to make up deficiencies in the Operating Account or Bond Account; provided that if any amounts in the Reserve Account are transferred to the Operating Account or Bond Account there must be included in the next annual budget of the Facility an amount necessary to restore the balance in the Reserve Account to the Reserve Requirement. 4.06. Repair and Replacement Account. In the Nursing Home Facility Fund there is created and shall be maintained as a separate account a Repair and Replacement Account (the Repair and Replacement Account). The Repair and Replacement Account shall be used to segregate net revenues of the Facility from time to time received in excess of those currer'ly needed for the purpose of the Operating Account, the Bond Account and the Reserve Account, and any balance therein shall be transferred to these Accounts whenever and to the extent needed for replacements, improvements and additions to the Facility; or may be transferred to the Capital Expenditures Account to finance improvements or additions to the Facility, or to the Bond Account for the purpose of redemption of bonds in advance of maturity, or to any Account established pursuant to Section 4.07 for the payment of other bonds issued to finance the acquisition and betterment of facilities for the Facility. 4.07. Establishment of Other Accounts. The City • reserves the right to establish other accounts in the Nursing Home Facility Fund for the purpose of segregating revenues for the payment of principal of and interest on general obligation revenue bonds or revenue bonds which may be issued by the City on a junior and subordinate basis to the Bonds pursuant to Section 4.10, to finance costs of improvements or additions to the Facility or the acquisition and installation of equipment therein, and the right to pledge revenues of the Facility to any such Account for such purpose; provided that the pledge of such revenues is e- ressly made junior and subordinate to the pledge herein of such revenues to the Bond Account and Reserve Account. 4.08. Deposit and Investment of Funds. All revenues and bond proceeds appropriated to the Nursing Home Facility Fund, when uninvested, shall be kept on deposit with one or more depository banks duly qualified under the laws of the State, with the security therein required. Such revenues and funds shall be kept invested and reinvested so far as possible, solely in securities which are authorized by law for the investment of municipal sinking funds. All securities so purchased shall mature at or before the time when it is estimated that the proceeds thereof will be needed for the purposes of the account from which funds are withdrawn for the purchase. All income, gain and loss on such investments shall • be credited or charged, as the case may be, to the account from which the investment was made. -15- • 4.09. Issuance of Additional Parity Bonds. The City may issue additional bonds payable from the Bond Account on a parity with the Bonds and any additional bonds previously issued under this Section 4.09 to finance the improvement of the Facility or additions thereto, or the acquisition and installation of items of equipment in the Facility, or to refund the Bonds or any additional bonds issued pursuant to this Section 4.09 upon the following conditions: (a) upon the issuance of any such additional bonds there shall be deposited in the Reserve Account an amount necessary to cause the balance therein to equal the Reserve Requirement taking into account the issuance of such additional bonds; and (b) either (i) the proceeds of the additional bonds are used to finance improvements to the Facility ordered by any governmental body (other than the City), or (ii) the average annual amount of net revenues of the Facility which was available for deposit in the Bond Account pursuant to Section 4.04 hereof for the last two calendar years is at least one hundred twenty -five percent (125° %) of the maximum amount of principal and interest on the Bonds and any additional bonds issued pursuant to this Section 4.09 (including the proposed additional bonds to be issued) to . come due on the then current year or any future calendar year, or (iii) the additional bonds are to be issued to refund the Bonds or any additional bonds issued pursuant to this Section 4.09, and the maximum amount of principal and interest to come due on the bonds to be issued is not greater than the maximum principal and interest requirements on the refunded bonds for any calendar year prior to the final stated maturity of all Bonds and additional bonds issued pursuant to this Section 4.09 then outstanding which will remain outstanding following the issuance of the refunding bonds, or (iv) the proceeds of the bonds are to be used to finance the improvement of the Facility or additions thereto or the acquisition and installation of equipment therein, and the City obtains a written report from an independent consultant who is qualified to study operations of nursing homes and has a reputation for skill and experience in such work, which report sets forth and states the estimated net revenues of the Facility which will be available for deposit in the Bond Account pursuant to Section 4.04 hereof for the three calendar years following the year in which it is estimated the improvements, additions or equipment financed by the bonds are to be placed in service, is not less than one hundred twenty -five percent (125° %) of the maximum amount of principal and interest to come due on the Bonds and any • additional bond issued pursuant to this Section 4.09 -16- • (including the proposed additional bonds to be issued) to come due in the calendar year in which such improvements, additions or equipment is expected to be placed in service or any future calendar year thereafter. Any report delivered under (iv) above shall also state the relevant assumptions on which the estimate of net revenues contained therein is based. 4.10. Junior and Subordinate Lien Bonds. The City may issue additional bonds for the purpose of financing improvements of the Facility or additions thereto, or the acquisition and installation of items of equipment in the Facility or to refund the Bonds or any additional bonds issued pursuant to Section 4.09 or this Section 4.10 without meeting the conditions set forth in Section 4.09 hereof, provided that such additional bonds are expressly made subject and junior and subordinate to the lien and charge of the net revenues contained herein in favor of the Bonds and any additional bonds issued under Section 4.09 hereof. 4.11. Imposition of Charges. The City hereby covenants and agrees with the holders from time to time of the Bonds, and any additional bonds issued pursuant to Section 4.09, that so long as any Bond is outstanding the City will impose and collect reasonable rates, fees and charges for the use of the Facility according to schedules calculated to • produce net revenues which after the making of the reasonably expected deposits to the Operating Account, will produce one hundred twenty -five percent (125 %) of the amount necessary to pay all principal and interest when due on the Bonds, and any additional bonds payable from the net revenues of the Facility (excluding from such principal and interest requirements interest on the Bonds and any additional bonds for any period has been capitalized or otherwise credited to the Bond Account to pay interest during construction of improvements or additions to be financed with such bonds and said net revenues, to the extent available and necessary, are hereby irrevocably pledged and appropriated to the payment of the principal and and interest thereon. If, in the reasonable opinion of the City Council (as set forth in a resolution of the Council) any laws, rules or regulations enacted or promulgated by the United States of America, the State of Minnesota or any agency or instrumentality of either of them shall not permit the City to produce the level of net revenues required pursuant to the preceding sentence, the City shall, in conformity with then prevailing laws, rules or regulations, maintain rates, fees and charges which will produce the maximum permissible net revenues. • 4.12. Insurance. The City will procure and keep in force insurance on the Facility and the equipment and furnishings therein, protecting against loss or damage by fire, -17- . tornado, windstorm, flood, theft and all other causes customarily insured against for like properties by prudent owners, in amounts sufficient to cover total loss thereof. In the event of loss covered by said insurance policies or bonds, the proceeds shall be used to repair or restore the damage compensated thereby or to retire Bonds and any additional bonds issued pursuant to Section 4.09. 4.13. Books of Account. The City shall at all times keep proper and adequate books of account showing all receipts and disbursements of moneys derived from the operation of the Facility, which books shall show the segregation and application of revenues of the Facility in accordance with the provisions of this Resolution. 4.14. Licenses. The City will apply for and maintain all licenses necessary to permit the continued operation of the Facility as a nursing home. 4.15. Tax Exemption of Bonds. The City will not take any action the effect thereof would be to adversely affect the exemption from federal income taxation of the interest on the Bonds. 4.16. Continued Ownership. The City will continue • its ownership and will operate the Facility or cause the Facility to be operated as a nursing home, and will cause it to be maintained in good and efficient operating condition, free from all liens on the revenues or the physical properties thereof, other than the liens herein provided or authorized, and will not sell or otherwise dispose of any capital assets of the Facility except at their fair market value, and will use the proceeds of any such sale or disposition to procure other capital assets of equal usefulness for the purposes of the Facility or to pay and redeem the Bonds and any additional bonds issued pursuant to Section 4.09. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this Section 5, 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 irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the • S: • Registrar on or before that date a sum sufficient for the payment thereof in full; provided that notice of the redemption thereof has been duly given as provided in Section 3.05. 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 times 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 or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. Section 6. Countv Auditor Registration, Certi MrA a 6.01. County Auditor Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as the • County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on his bond register as required by law. • 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City the owners from time to time of the or permit to be taken by any of its agents any action which would cause to become subject to taxation under of 1986, as amended (the Code), and promulgated thereunder (the Regulat -19- covenants and agrees with Bonds that it will not take officers, employees or the interest on the Bonds the Internal Revenue Code the Treasury Regulations ions), as such are enacted • or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The City agrees that it will not enter into any contracts for the management of the Facility by a third party that would jeopardize the tax exempt nature of the interest on the Bonds. 6.04. Investment of Money on Deposit in the Bond Account. After May 1, 1993 the City Administrator shall ascertain monthly the amount on deposit in the Bond Account. If after May 1, 1993 the amount on deposit therein ever exceeds by more than $41,500 the aggregate amount of principal and interest due and payable from the Bond Account within the next succeeding 12 months, such excess shall be used to prepay and redeem Bonds or be invested at a yield less than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. If any additional bonds are ever issued and made payable from the Bond Account, the dollar amount in the preceding sentence shall be changed to equal 5 percent of the aggregate original principal amount of the bonds of all series, including the Bonds, of which any bonds are then outstanding and payable therefrom. The City reserves the right to amend the provisions of this Section at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this • Council determines that the provisions of this Section are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. L 6.05. Arbitrage Certification. The Mayor and the 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 certification in accordance with the provisions of Section 148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the 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. 6.07. Official Statement. The Official Statement relating to the Bonds, dated May _, 1989, prepared and -20- . distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the official Statement. 6.08. Authorization of Receipt of Bond Proceeds and Pavment of Certain Costs of Issuance of the_ heBonds. The Registrar is hereby authorized and directed, on the date of issuance and delivery of the Bonds, to receive the Bond proceeds and to pay from such proceeds the fees and expenses of the following persons in the following amounts incurred in connection with the issuance of the Bonds upon receipt by the Registrar of a statement therefor: Payee Ehlers and Associates, Inc Minneapolis, Minnesota Service Performed Financial Consultant Registrar and Paying Agent Amount The claims of the above persons in the amounts set forth • opposite the names of such persons are hereby approved and no further action of this Council shall be necessary in connection with the payment of such fees and expenses of issuance of the Bonds. The Registrar shall transfer the remaining Bond proceeds to, or at the direction of, the City. Attest: City Clerk- Administrator E -21- Mayor 0 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Administrator. 11 • _22_ The following resolution is presented for your consideration: Note: School District No. 423 has approved /disapproved the attached resolution as of May 9, 1989: BE IT RESOLVED that the City of Hutchinson enter into a contractual lease agreement for a six month period with the current owner of the local facility known as Spanky's. The purpose of said agreement to provide a chemical /tobacco free youth facility in Hutchinson. This agreement subject to the following conditions: 1. City of Hutchinson to pay $75,000 for leasehold improvements and fixtures to the current owner of Spanky's. Said owner to refund all but $12,500 at the end of six months should said operation be determined unsuccess- ful. The City of Hutchinson reserves the right to renew said agreement for additional six -month periods with refunds by said owner of all but $25,000 at the end of one year, all but $37,500 at 18 months, all but $50,000 at two years, all but $62,500 at 30 months and no refund at the end of three years. Said additional scheduled refunds by the owner shall be contingent on operations determined as unsuccessful at the end of each six month interval. 2. Rent to be $1,000 per month for six months with first month to be paid by current owner. 3. Owner to refurbish facility including cleaning, painting, repair /refinish tables as needed, add one television set, repair /paint chairs. A11 work to be completed prior to opening of facility. 4. Owner to repair and maintain all mechanical equipment, i.e., plumbing and heating, air conditioning, refrigeration equipment, including ice machines and coolers, during said lease period. 5. Owner to provide limited food service in adjoining facility. 6. City of Hutchinson to cover all operational costs of said facility for a six -month period except as noted in the aforementioned conditions. 7. Opening date as agreed upon by the City of Hutchinson and the current owner. E 9F -2- PROJECTED MONTHLY OPERATING COSTS OF FACILITY TO BE PAID BY LESSEE ESTIMATED MONTHLY INCOME Rent $1,000 10 games - $1,500 Utilities 400 Soft drinks /snacks - 400 Junker (refuse) 40 Sewer /water 80 Other income - dance cover charge; membership fee; Common area 100 city and school subsidy Cable TV 30 Insurance 100 ASCAP /BMI 50 Repairs 100 Telephone 60 Maintenance 400 $2,360 Labor /Management $2,000 per month Mgr 1,500 per month Other 500 per month 0 -3- Furthermore, it should be noted that the most critical factors in the success of this venture, beyond funding, are the direct involvement of youth in the manage- ment structure and competent adult supervision /management. Motion Passed Date: 0 0 Second Failed BE IT RESOLVED, that Independent School District No. 423 dedicate $5,000 of the 1989 -90 Community Education Youth Development levy to provide for a portion of the operating costs, other than capital improvements, of the local facility known as Spanky's. FURTHERMORE, it is understood that these funds are to be transferred to the City of Hutchinson as requested to be used in conjunction with City of Hutchinson funds to provide for a chemical /tobacco free youth facility. Said resolution to be contingent upon the City Council of Hutchinson entering into an agreement with the owner of said facility for a six month period to include an appropriate agreed upon financial commitment by the City of Hutchinson. FURTHERMORE, that Independent School District No. 423 shall assume no liability or obligation of any kind for the operation of said faciity except for the partial funding commitment set out above. Motion Passed Second Failed 9 -F' 0 0 a May 3, 1989 a56� X23 8g� N Mr. Gary D. Plotz o MpY19a w Hutchinson City Administrator N ttEC — 37 Washington Avenue West 0� BY -- - --- Hutchinson, Minnesota 55350 s2a��2zz1Z�26`� Re: City of Hutchinson v. Korngiebel and Pinske Our File Number: 3188 -87 -0047 Dear Gary: I have been informed that Mr. Korngiebel sent a check payable to the City in the amount of $812.10 to settle the above - referenced litigation. Of the $812.10, $247.10 reimburses the City in full for the repair of faulty pipe in the restrooms. The remaining $565.00, is half of the cost to repair the facility's heating system. I also understand Mr. Pinske has inspected and repaired the roof and extended the roof's warranty for an additional year. In light of Defendants' recent remedial steps with regard to the facility's problems, I recommend that any further litigation be discontinued. The City has realized its primary objectives in the litigation therefore any further legal proceedings are unnecessary. In the City's Complaint against Defendants Korngiebel and Pinske we included a number of potential damages which are not included in Plaintiff's settlement offer, however, our main objective in serving the Complaint was to force Defendants to remedy the facility's heating problem, faulty restroom pipe, and leaky roof. Excepting the 508 settlement of the cost to repair the facility's heating system, our objectives have been fully met. As noted above, Defendants have reimbursed the City for half the heating repairs. I believe this to be a fair settlement in light of the difficulty in legally demonstrating Defendants are liable for the heating system's failures. The monetary amount at issue is inadequate to further press the issue. Further, many of the additional items of damage we claimed in our Complaint occurred .outside the warranty period and no legitimate claim exists for these items. We recommend approval of the settlement. With the Council's approval I will dismiss the Complaint as it pertains to Mr. Korngiebel, but will not dismiss as to Mr. Pinske to insure that he will comply with the promise to warrant the roof for an additional year. q /Vr ARNOLD & MGDOWELL ATTORNEYS AT LAW DAVID B. ARNOLD 5881 GEDAR LASE ROAD OF COUNSEL CHARLES R. CARMICHAEL MINNEAPOLIS. MINNESOTA 55418 -1492 WILLI" M. O VIZOR GARY D. McDOWELL PAUL D. DOVE STEVEN A. ANDERSON (812) 545 -9000 O. BARRY ANDERSON MN TOLL FREE 800 -343 -4545 STEVEN S. HUGE 501 SOUTH FOURTH STREET LAURA K. FRETLAND GABLE MGLAW MINNEAPOLIS PRINCETON. MINNESOTA 55371 DAVID A. BRUEOOEMANN TELECOPSEA (812)545 -V B3 (812) 389.2214 TELECOPIER(612) 389 -5508 JOSEPH M. PAIEMENT JAMES UTLEY 101 PARE PLACE JULIA A. CHRISTIANS HUTCHINSON, MINNESOTA 55350 RICHARD G. McOEE (812) 587- 7575 TELEOOPIER (e12) 587-0095 May 3, 1989 a56� X23 8g� N Mr. Gary D. Plotz o MpY19a w Hutchinson City Administrator N ttEC — 37 Washington Avenue West 0� BY -- - --- Hutchinson, Minnesota 55350 s2a��2zz1Z�26`� Re: City of Hutchinson v. Korngiebel and Pinske Our File Number: 3188 -87 -0047 Dear Gary: I have been informed that Mr. Korngiebel sent a check payable to the City in the amount of $812.10 to settle the above - referenced litigation. Of the $812.10, $247.10 reimburses the City in full for the repair of faulty pipe in the restrooms. The remaining $565.00, is half of the cost to repair the facility's heating system. I also understand Mr. Pinske has inspected and repaired the roof and extended the roof's warranty for an additional year. In light of Defendants' recent remedial steps with regard to the facility's problems, I recommend that any further litigation be discontinued. The City has realized its primary objectives in the litigation therefore any further legal proceedings are unnecessary. In the City's Complaint against Defendants Korngiebel and Pinske we included a number of potential damages which are not included in Plaintiff's settlement offer, however, our main objective in serving the Complaint was to force Defendants to remedy the facility's heating problem, faulty restroom pipe, and leaky roof. Excepting the 508 settlement of the cost to repair the facility's heating system, our objectives have been fully met. As noted above, Defendants have reimbursed the City for half the heating repairs. I believe this to be a fair settlement in light of the difficulty in legally demonstrating Defendants are liable for the heating system's failures. The monetary amount at issue is inadequate to further press the issue. Further, many of the additional items of damage we claimed in our Complaint occurred .outside the warranty period and no legitimate claim exists for these items. We recommend approval of the settlement. With the Council's approval I will dismiss the Complaint as it pertains to Mr. Korngiebel, but will not dismiss as to Mr. Pinske to insure that he will comply with the promise to warrant the roof for an additional year. q /Vr Mr. Gary D. Plotz May 3, 1989 Page 2 i think it's appropriate to set Council's consideration for next should you have any questions or contact me. Very truly yours, ARNOL & ELL G. Barry Anderson GBA /dps RGM \3188 \47- LTR.05 this matter on the agenda for the week's council meeting. As always concerns, please don't hesitate to • i C DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. MCDOWELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE CHARLES L. NAIL. JR. LAURA E. FRETLAND DAVID A. BRUEOGEMANN JOSEPH M. PAIEMENT JAMES UrLEY JULIA A. CHRISTIANS April 19, 1989 ARNOLD & MGDOWELL ATTORNEYS AT LAW 5881 GEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800- 343 -4545 CABLE MCLaw MINNEAPOLIS Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 TELECOPIER (012) 545 -1790 Re: O'Borsky Matter Our File No. 3188 -87 -0006 Dear Gary: n_� J V I SOUTH } OURTH STREET BINGETON, MINNESOTA 55371 (612) 388 -2214 101 PARE PLACE .L` HCTCHINS, MINNESOTA 55350 ( 12) 587 -7575 P NAPA 7,980 ti Z I am enclosing herewith for Council action and I would appreciate it if you would include it in the next packet, a copy of the settlement agreement resolving the outstanding dispute between the City and the League Insurance Trust. You will note that the Settlement Agreement does make reference to Exhibit "A" and I have not attached Exhibit "A" to this Agreement. That document is merely a denial of coverage on part of the League Trust and to include it in the packet would be duplicative and a waste of time. As previously noted, this Agreement has been accepted, but I suppose it would be appropriate to have the Council approve the settlement _ If you have any questions with regard to this matter, do not hesitate to contact me. Thank you. Very truly yours, ARNOLD & cDOWELL� . G. Barry Anderson GBA:lm Enclosure 9 t POLICY HOLDERS RELEASE 9 I am the for the City of Hutchinson (Name) (Title) and I verify that I am signing this release for and on behalf of the City of Hutchinson and am duly authorized by the city council to do so. In consideration of the sum of Nine Thousand Five Hundred Fourteen and Forty One Cents Dollars ($9514.41 ) paid, the receipt and sufficiency of which is hereby acknowledged, the City of Hutchinson does hereby release and forever discharge the League of Minnesota Cities Insurance Trust, its heirs, administrators, executors, successors, and assigns from any and all actions, causes of actions, demands, claims or potential claims, whatsoever for, upon, or by reason of any damage, loss or injury, and all consequential damage which heretofor have been or which hereafter may be sustained by the city in consequence of any a r ct o r amr oission on the part of any city employee official, administrato ogent concerning the emnlovment andinr re- Further, in consideration of the above payment, the undersigned for and on behalf of the City of Hutchinson also expressly declares and agrees: 1. That neither the payment of the aforementioned amount nor execution of this release shall be construed as an admission of liability or coverage for liability. 2. Correspondence from Robert A. Weisbrod, addressed to G. Barry Anderson, dated January 23, 1989 and attached hereto as Exhibit A. is evidence of the disputed nature of this compromised claim. Witness whereof, the hand and seal of the undersigned is set hereunto this _ day of , 19_ WITNESS WITNESS READ CAREFULLY BEFORE SIGNING (Seal) (Seal) q --7- ACKNOWLEDGMENT Page 2 of 2 STATE OF ) i ss.. COUNTY OF 1 On the day of ,19_, before me came to me known who being by me duly sworn did depose and say that he /she resides in ; that he /she is the of the City of that he /she executed the foregoing instrument; that the sealed affixed to said instrument is such corporate seal; that it was so affixed by order of the governing body of said corporation; and that he /she signed his /her name thereto by like order. NOTARY p-Z. 0 (612) 587 -5151 f/UTIH' CITY OF HUTCHINSON 37 WASHING TON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: May 4th, 1989 TO: Mayor and City Council FROM: City Engineer RE: Gopher State One Call The new system on calling for utilities locations, mandated by State Law, copy of which is attached, is causing problems in this office. We request immediate rental /purchase of equipment from Gopher State, the same as being used by Hutchinson Utilities. This equipment will provide us with proper data that we can provide builders, etc... and retain for our files as required. MVP /pv attachment u W, y. e. Marlow V. Priebe City Engineer 9 -C. RECEIVING APPLICATIONS RECOMMENDED EQUIPMENT AND PRICES Only equipment and software provided by One Call Concepts, Inc. is warranted to operate effectively for its proposed use with your computerized one -call center. One Call Concepts does not recommend or in any way guarantee the performance of products other than those listed herein and strongly advises against the use of other types of application. One Call Concepts incorporates herein by reference the disclaimers and limitations of liability and warranty previously set forth. RECEIVING EQUIPMENT OPTION LEASE /PURCHASE WITH MAINTENANCE OPTION I One Call Concepts receiving Printer unit $ 50 per month -- Receive only printer -- Internal or external modem -- 120 cps print speed -- Low to medium volume design OPTION 2 AT &T 5310 teleprinter -- Receive only printer $125 per month -- Internal or external modem -- 160 cps print speed -- Medium to heavy volume design OPTION 3 Remote entry stations -- Data General CRT $100 per month -- High speed error - correcting modem -- CRT to modem interface cable -- Notification input training RENTAL WITH MAINTENANCE $ 40 per month One year minimum $100 per month $ 75 per month The lease purchase term for each of the above items is 24 months. maintenance fees will be required after this initial period. On -going All prices are firm for 60 days. After 60 days, they are subject to change without notice. The direct cost of shipping, installation, state and local taxes, if any, will be included on your statement. 0 0 11 9s MINNESOTA STATUTES CHAPTER 216D. ONE CALL EXCAVATION NOTICE SYSTEM Section 216D.01. Definitions. 2160.02. Notice to excavators and underground yg6q operators. 2160.03. No6flca6on center. 216D.04. Excavation. 216D.05. Precautions to avoid damage. 216D.06. Damage to facilities. 216D.07. Effect on local ordinances. 2160.01. DeflnNlons Subdivision 1. Applicability. The definitions in this section apply to sections 2160.01 to 2160.07. Subd. 2 Damage. "Damage" means: (1) the substantial weakening of structural or lateral support of an under- ground facility; (2) penetration, impairment, or destruction of any underground protective coaling, housing, or other protective device; or (3) impact with or the partial or complete severance of an underground facility to the extent that the facility operator determines that repairs are re- quired. Subd. 3. Emergency. "Emergency" means a condition that poses a clear and immediate danger to life or health, or a significant loss of property. Subd. 4. Emergency responder. "Emergency responder" means a fire department or company, a law enforcement official or office, an ambulance or other emergency rescue service, or the division of emergency services created by section 12.04, subdivision 1. Subd. 5. Excavation. " Excavabon" means an activity that moves, re- moves, or otherwise disturbs the soil by use of a motor, engine, hydraulic or pneumatically- powered tool, or machine - powered equipment of any kind, or by explosives. Excavation does not include: (1) the repair or Installation of agricultural drainage file for which notice has been given as provided by section 1161.07, subdivision 2; (2) the extraction of minerals; (3) the opening of a grave in a cemetary; (4) normal maintenance of roads and street d the maintenance does not change the original grade and does not involve the road ditch; or (5) plowirq, Cultivating, planting, harvesting, and similar operations in con- nection with growing crops, unless any of these activities disturbs the soil to a depth of 16 inches or more; or (6) kindsaping or gardening unless one of the eceviries disturbs the sod to a depth of 12 inches or mom. Subd. 5. Excavator. "Excavator" means a person who conducts ex- cavation in the state. "M. 7. Local govaremenfal unit. "Local governmental unit" me- ans a county, town, or statutory or home rule charter city. Subd. 0. NoUlkallon cantor. "Notificaabon center' means a center that receives notice from excavators of planned exavation and transmits this no- 60 to participating operators. Subd. 0. Operator. "Operator" means a person who owns or oper- ates an underground facility. A person is riot considered an operator solely because the person is an owner or tenant of real property where Underground facilities are looted if the underground facilities are used exclusively to fur- nish services or commod'or'es on that property. Subd. 10. Person. "Person" means the state, a public agency, an in- dividual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of mm. Subd. 11. Underground facility, "Underground fatality" means an un- derground line, facility, system, and its appurtenances used to produce, store, transmit, or distribute communications, data, dec6icily, power, heat, Oil, petroleum products, water including storm water, steam, sewage, other similar substances. 2160.02. Notice to excavators end underground facility operators Subdivision 1. Display and distribution. Local governmental units that Issue permits for an activity, invoMrp excavation must continuously display an excavator's and operator's notice at the location where permits are ap- plied for and obtained. An excavator and operator's notice and a Copy of sec- tions 2160.03 to 216D.07 must be furnished lo each person obtaining a permit for excavation. Saw. t Para[. The norl5eatlorf center slab pracribe an excevator a. operator's notice. The notice must Worm excavators and operators of their Obligation to comply with sections 216D.03 to 216D.07. The center shall fur- nish to local govemmental units: (1) a copy of the notice and sections 216D.03 to 216D.07 in a form suita- ble for photocopying; (2) a copy of the display and distribution requirements under subdivision 1: and (3) the telephone number and mailing address of the notification center. 21801.03. Notification center Subdivision 1. Participation. An operator shall participate in and share in the costs of one statewide notification center operated by a vendor select- ed under subdivision 2. Subd. 2 Eatabllalrmad of notification center. (a) The notification center services must be provided by a nonprofit corporation approved in writing by the commissioner. A group or nonprofit corporation that intends to seek ap- proval under this paragraph shall notify the commissioner by Septmeber 1, 1987, of the date, time and location of its first meeting. The commissioner shall provide advance notice of the first organirationl meeting by publication in qualified legal newspapers and in appropriate trade journals and by written notice to all appropriate trade associations. The nonprofit corporation must be governed by a board of directors of up to 20 members one of whom is the director of the office of pipeline safety. The other board members must represent and be elected by operators, exca- vators, and other persos.:8gible to participate for the center. By Novembe 1, 1987, the board shall, with input from all interested parties, determine the operating procedures and technology needed for a single statewide notifica- tion center and establish a notification process and Competitive bidding proce- ours to select a vendor to provide Ole notification service. In deciding to approve a nonprofit corporation, the commissioner shall Consider whether 4 meets the requirements of this paragraph and whether it demonstrates that 9 has the ability to Contract for and implement the notification center service (b) O the commissioner has not approved a nonprofit corperi ion under paragraph (a) by January 1. 1988, the Commissioner $hah follow One proce- dure in Orris paragraph. The commissioner shall prepare a preliminary draft of operating Procedures and technology needed for a statewide notification center and the method for assessing the cost of the service arorg opera- lots. After holding at least one public hearing on the Preliminary oral[ lo8ow- ing notice given in the manner required by paragraph (a), the commissioner shall adopt final operating procedures, technology, and assessment me6lods. The preliminary draft, pubk hearings, and final adoption are not subject to chapter 14. By June 1. 1988, the commissioner shall select a vendor b pro- vide the notification center service. The commissioner shah advertise for bids as provided in section 168. 07. subdivision 3, and base the selection of a vendor on an Identification of the lowest responsible bidder as provided in section 16B.09, subdivision 1. The commissioner shah select and contract with the vendor to provide the noti6catlon center service, but all costs of the center must be paid by the operators. The commissioner may at any time appoint a task force to advise on the renewal of the contract or any other matter involving the center's operations. (c) The rotfcation center must be in operation by October 1, 1988. An operator may submit a bid and be selected to Contract to provide the notfh- cation center service under paragraph (a) or (b). The commissioner shall an- nually review the services provided by the nonprofit corporation approved under paragraph (a) or the vendor selected under paragraph (b). Subtl. S. Cooperation with Meat govemmML In establishing operat- ng procedures and technology for the statewide notification center, the board 1f directors or the Commissioner must work In cooperation with the league if Minnesota cities, the assocaton of Minnesota counties, and the township dficers' association. The purpose of this Cooperation is to maximize the par- icipation of teal governmental units that issue permits for activities irwolv- 9 J ng excavation to assure that excavators receive notice of and comply with the requirements of sections 216D.01 to 216D.07. Suter 4. Notice fa but goveremmbl rnlb. The notification center shall provide kocaI governmental units with a master list, by county. of the Operators in the county who are participants in the notification abler, and the telephone number and mailing address of the noOBation cm. 216D.04, Excavation Subdivision 1. Notice of excsvellon required; contents. (a) Except in an emergency, an excavator shall contact the notification center and pro. vide an excavation notice at least 48 hours before beginning any excavation, excluding Saturdays, Sundays, and holidays. An excavation begins, for pur- poses of this requirement, the first time excavation occurs in an area that was not previously identified by the excavator in an excavation notice. (b) The excavation notice may be oral or written, and must contain the following information: (1) the name of the individual providing the excavation notice: (2) the precise location of the proposed area of excavation; (3) the name, address, and telephone number of the excavator or the ex- cavator's company; (4) the excavator's field telephone number, t one is available; (5) the type and the extent of the proposed excavation work; (6) whether or not the discharge of explosives is anticipated; ant (7) the date and time when excavation is to commence. Sold. 2. DuOU If notification center. The notification center shall as- sign an inquiry Identification number to each excavation notice and retain a record of all excavation notices received for at least six years. The center shall immediately transmit the information contained in an excavation notice to every operator that has an underground facility in the area of the proposed excavation. Sued. S. Locating underground facilities (a) An operator shall, within 46 hours after receiving an excavation notice from the center, excluding Satur- days, Sundays, and holidays, unless otherwise agreed to between the exca- vator and operator, bate and mark or otherwise provide the approximate horizontal location of the underground facilities of the operator, without cost to the excavator, the excavator shall determine the precise location of the underground facility, without damage, before excavating within two feet of the marked location of the underground facility. (b) For the purpose of this section . the approximate horizontal location of the underground facilities is a strip of land two feet on either side of the un- dergrourh0 facilities. (c) Mariners used to designate the approximate location of underground fad - M" must follow the current color code standard used by fine American Pub- lic Works Association. (d) N the operator cannot Complete marking of the excavation area before the excavation commencement ikee stated in the excavation notice, the oper- ator shag promptly comaCI the excavator. If the excavator postpones the ex- avaton Commencement time stated in the excavation notice by more than 48 hours, or cancels the excavation, the excavator shall notify to no6fioa- Oon center. 216D.05 PreewOraa fa avid damage An excavator shelf: (1) plan the excavation to avoid damage to and minimize interference wit underground hikes in and near the construction arss; (2) maintain a dearaha between an urndegroud pettily and edge or point of ally mmof *W "llipment, Corpfderkhp tlhe lohown rent c control of the cutting edge Of point to avoid damage to the facility: (3) provide support for underground facilities in and near the Constructio, area, including during backhll operations, to protect the facilities; and (4) conduct the excavation in a careful and prudent manner. 21611.08. Damage to facilities Subdivision 1, Nona; repairs. (a) If any damage occurs to an undergrounc facility or its protective covering, the excavator shall notify the operator a: soon as reasonably possible. When the operator receives a damage notice the operator shall promptly dispatch personnel to the damage area to inves tigate. If the damages endangers fife, health, or property, the excavator repon sible for the work shall take immediate action to protect the public and property. and to minimize the hazard until arrival of the operator's personnel or unu emergency responders have arrived and taken charge of the damaged area (b) An excavator shall delay backfilling in the immediate area of the damagec underground facilities until the damage has been investigated by the opera tor, unless the operator authorizes otherwise. The repair of damage must be pertormed by the operator or by qualified personnel ahrthorired by the operator (c) An excavator who knowingly damages an underground facility, and whc does not notify the operator as soon as reasonably possible or who backfius in violation of paragraph (b), is guilty of misdemeanor. Subd. 2. Cal mimbrrsemed. (a) If an excavator damages an underground facility, the excavator shag reimburse the operator for the cost of necessary repairs, and for a pipeline five Cost the product that was being carried in the pipeline and was lost as a direct result of the damage. rho Raimlwnaarn.nt it not required if the damage to the hudergrw* ty was caused by sole negligence of the operator or the operator failb, to comply with section 2160.04, subdivision 3. Subd. 3 Prime iaefa evidence of negfigeace. it is prima We evidence Of the excavator's negligence in a CM court action fi damage to the under- ground facilities of an operator resulted from excavation, and the excavator failed to give an excavation notice under section 216D.04 or provide support as required by section 216D.05. 216D.07 food as local erdinaacea (a) Sections 216D.01 to 216.007 do not affect or knpafr local ordinances, charters, or other providons of law regulring permits to be obtained before excavating. (b) A person with a permit for excavation from the state or public agency is su*C1 to sections 2160.01 b 2160.07. The state tat issued a permit for excavation is not Sable for We actions of an excavator who fags to Com- ply with sections 2160.01 to 216.07. 1 0 L J 0 :'FFICE OF PIPELINE SAFETY MARKET HOUSE 269 EAST FIFTH STREET ROOM 130 ST. PAUL. MINNESOTA 55101 TELEPHONE. (612) 296.9636 October 25, 1988 a>_ STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY t'r v MEMO TO: MEMBERS OF THE MINNESOTA SENATE MEMBERS OF THE MINNESOTA HOUSE OF REPRESENTATIVES FROM. 11i✓ WLYILLIAM BARSEAU nIRECTOR SUBJECT: UPDATE ON THE GOPHER STATE ONE -CALL PROGRAM As I said earlier, I intend to keep you up -to -date regarding actions taken to improve the effectiveness of the one -call notification center. As you know, the notification center is operated by a vendor (One - Call Concepts) who is governed by a non - profit Board of Directors (Gopher State One - Call). M.S. 216D. mandates that the Director of the Office of Pipeline Safety serve on the Board, along with representatives of the operator and excavating communities. In order for any meaningful change to occur, the full Board must adopt practices or take actions directing the vendor to implement such improvements. I have enclosed a copy of a letter forwarded to all underground operators in Minnesota from Gopher State One -Call that outlines temporary remedial actions taken to improve the notification centers operation. The attached letter also addresses future issues that will be resolved. It is the intent of the Board of Directors of Gopher State to continue to monitor the one -cal! center on a daily basis. The enclosed letter demonstrates the level of remedial action already taken to addrez3 problems with the center. Further, the Gopher State One -Call Board is thoroughly reviewing the entire project. The Board will direct the vendor to implement all necessary long term solutions that will contribute to a more efficient use of the center. The bottomline for this program remains enhancing safety. The concept of one -call is right. The public will be safer. Your continued understanding of the problems and willingness to forged ahead contributes to the overall level of safety for all Minnesotans. Enclosure wb /mnleg AN EQUAL OPPORTUNITY EMPLOYER q -,I Minnesota utilities October 19, 1988 Page 2 Terminal Code ABCOEF 01 NLA Ticke_ t_ Ner 1 We recognize that this temporary action will result in excavators not being able to call the center to determine location status. We apologize for this inconvenience, but we need to keep the maximum number of lines open to receive location requests. ° Several operators are attempting to use receiving equipment which is not compatible to the notification center equipment. It is imperative that operations not obtaining receiving equipment from One Call Concepts use compatible equipment. The general specifications of all receiving equip- ment is: ° Minimum baud rate - 1200 baud, 2400 baud preferable. ° 1200 baud receives must handle at least 150 characters per second (CPS) or utilize an 8K buffer. ° 2400 baud receivers must handle at least 350 CPS or utilize an 8K buffer. ° 7 databits, 1 stopbit, even parity. ° Receiver must be equipped with an audible alarm bell for high priority messages which recognizes a Control "G" to generate alarm. ° 30 column paper capacity. ° XONAOFF flow control (Control "S" and Control `Q•), Bell- compatible modem. Operators must recognize that due to the variety of equipment on the market place the only method for discerning receiver compatibility is to test the receiver on -line with the notification center. The notification center reserves the right to reject all non - compatible equipment. ° Operators who have not yet submitted their database should submit this information immediately. If you have any questions or need additional information, write the notification center at the following address: Gopher State One -Call 2025 Centre Pointe Boulevard Suite 310 Mendota Heights, MN 55120 Please report in writing all damage to underground facilities to the notification center. The notification center will be compiling this information to analyze damage occurring within the state. i 11 Minnesota Utilities October 19, 1988 Page 3 SGSOC's contract with OCC does not require OCC to r services on any equipment not leased from OCC. P ovide free consulting ° For operators with receiving equipment, receiving equipment and related telephone lines must be de day, seve dicated to receiving transmissions 24 hours a n days a week. Some operators have unplugged their equipment or used the dedicated equipment or telephone lines for other purposes. This practice must cease for the notification center to operate. ° Operators must verify their database printout from the center. A written verification must be submitted indicating one of the following: 1. The database as entered is correct; or, 2. The data base will be correct once the following modifications are made. (Please attach list of additions /deletions.) Only emergency additions to operator databases will be accepted by tele- phone (612) 454 -8388; however, a follow up written confirmation will be required. All other database changes must be made in writing. The notification center is not a replacement for common sense. If an excavator is aware of other underground facilities in an area: ° Have the excavator contact the operator directly; and, ° Urge the operator to join the notification center. ° Operators and excavators are using the location request lines for adminis- trative questions. Only location requests will be accepted on the loca- tion request lines. center'sladministratuve umberr(612)454 8388.s should be ° In the metro area, several excavators are providing incomplete street crossing information. The complete street and cross- street names must be used. For example, "26th and 5th" must be stated as °East 26th Street and 5th Avenue South ". If there is any doubt regarding an address, it should be verified before calling the notification center. (We recommend having backup township range, section, quarter section information to speed the Process.) ° There has been some confusion about the respective roles of the Gopher Pipeline Safety. State One -Call Board, One Call Concepts, Inc. and the Minnesota Office of ° Minnesota Department of Public Safety, Office of Pipeline Safety - Responsible for implementation of Minnesota Statutes Chapter 2160, including creation of GSOC. Minnesota Utilities October 19, 1988 Page 4 ° Gopher State One -tall, Inc. (GSOC) 9 - Volunteer Non - Profit Board - Responsible for development, implementation and oversight of state- wide notification center - Act on behalf of all Minnesota excavators and operators ° One Call Concepts, Inc. - Operator of the state -wide notification center - Reports to GSOC Actions The GSOC Board has taken the following actions to improve the call handling ability Of the notification center: Authorized One Call Concepts to hire an additional seven answering atten- dants. One Call Concepts is in the process of obtaining additional incoming lines to increase call handling capacity. ° Authorized One Call Concepts to obtain an additional 2,000 square feet of S Office space to house more receiving attendants. ° Authorized One Call Concepts to install two FAX machines in the center. If operators are interested in FAXing location requests to the notifica- tion center, contact the center at (612) 454 -8388. ° Temporarily eliminated NLR call backs into the center and replaced this process with mailing NLR's to the center within 48 hours of receipt. ° Through this letter, operators will be better equipped to interface with the center and are being advised to share these actions with the exca- vators they interface with. ° implementation of an education plan which includes, among other things, the addition of two full time staff members to interface with the operator and excavator community. The Board is GSOC appreciates the support and patience shown by the operators and excavators. notification enter ae viable edamage gpreventionetoolXperienced to date and make the Ver my urs, rz- RogwKiffineyer, airman yours, • e encourage you to share this information with other operators or excavators. Please feel free to reproduce or quote any portion of this letter in any news- letters or other media you come in contact with.) 0 9 but n community hospital — 1095 Hignv ay 15 South, Hutchinson, htlnnesota 55350 • Telephone 61211587 -2148 May 9, 1989 The Honorable Mayor Paul Ackland and Members of the City Council City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Ackland and City Council Members: Negotiations of the final rate and selection of the successful bidder for the sale of a $500,000 five -year revenue note were completed yesterday. We recommend the City Council award the bid for sale of such note to First Midwest Lease Corporation of St. Paul, Minnesota, with a total required payment of $604,194.60. • As mentioned in a previous letter to you, we negotiated with six firms, one of which elected not to submit bids. Results of the bidding process show the total required payments ranged from a low of $604,194.60 to a high of $629,450. The negotiated rate from First Midwest Lease Corporation shows the lowest total required payment bid, with an average P & I of $120,838.92 paid monthly. The average maturity was 2.75 years, with a true interest cost of 7.995% and arbitrage interest cost of 7.4 %. The issue includes all costs of issuance. The resolution and documents for this sale are being prepared by the firm Briggs & Morgan. This proposal has been reviewed in detail and meets our hospital's requirements. Specific details of these bids are available upon request. Thank you for your consideration of this recommendation. Very truly yours, HUTCHINSON COMMUNITY HOSPITAL Francis P. Seivert Director of Finance FPS:lh 9 -� hutcl-linson community hospital 1095 Highway 15 South, Hutchinson, Minnesota 55350 • Telephone 6121587 -2148 May 5, 1989 The Honorable Mayor Paul Ackland and Members of the City Council City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Ackland and City Council Members: On Tuesday, March 28, 1989, the City Council approved a request from the Hospital Board of Directors to issue a "revenue note or other form of revenue bonds" for the specific purpose of purchasing various capital assets. This issue would pledge the revenues from the Hospital only, and would not pledge assets of the City of Hutchinson in any specific way. Over the past few weeks, I have been in contact with various investor representatives, seeking various forms of financing alternatives. I have evaluated proposals of issuing "revenue bonds," "a revenue note," a tax - exempt equipment lease(s) with annual appropriations, and general obligation certificates of indebtedness for equipment. I have had discussions with Mr. Barry Anderson, City Attorney; Mr. Gary Plotz, City Administrator; and with Mr. Bill Fahey, City Financial Consultant. I have sent out a "Request for Proposal" (RFP) to five different firms which have the resources to place these types of issues with investors. These firms include: 1. Ehlers & Associates; 2. First Midwest Lease Corporation; 3. Norwest Bank of Minneapolis; 4. Piper Jaffray & Hopwood; and 5. Bell- Atlantic Leasing. Throughout the past weeks, I have been negotiating with these firms for a reasonable interest rate. I have also analyzed the issuing costs and have decided to include those in the issue and subsequent payment streams. Since this is being treated as a negotiated sale, I have set Monday, May 8, 1989, as the date to negotiate the final rate and select the successful bidder. We will present our recommendation to you for your approval at your regular meeting on Tuesday, May 9. We are enclosing a sample resolution for your review. Our recommendation is conditional upon receiving satisfactory opinions from the City bond counsel and /or the City Attorney. q K• The Honorable Mayor Paul Ackland and Members of the City Council May 5, 1989 Page Two Since this financing will be negotiated with the investor, I hope that the closing date can take place within the next week. If you need any further information, please do not hesitate to contact me or Mr. Phil Graves, Hospital Administrator. Thank you, in advance, for your consideration of this matter. Very truly yours, nKICHINSON COMMUNITY HOSPITAL l� cis AS02�% Director of Finance FPS: Ih 0 • 0 i �1� l 0 RESOLUTION AUTHORIZING ISSUANCE OF A HOSPITAL REVENUE NOTE, PLEDGING HOSPITAL REVENUES TO THE PAYMENT THEREOF AND GRANTING A SECURITY INTEREST CI" 'o4wt7L BE IT RESOLVED by the Eeerrrty ward of County, Minnesota, (the "Issuer ") as follows: WHEREAS: (1) the Issuer owns and operates , a county hospital facility (the "Hospital") as a revenue producing enterprise; (2) the Issuer has incurred or intends to incur certain capital costs in connection with the Hospital more fully described in Exhibit A -2 attached to the Note and incorporated herein by reference (the "Project"). In anticipation of amortizing the costs of the Project through tax exempt financing the Issuer has by this Resolution authorized the issuance and execution of bonds in the form of a single debt instrument in the form attached as Exhibit A hereto (the "Note ") to permanently finance the Project, the pledge of Hospital Revenues (as defined in the Note), and the grant of a security interest in the Project to secure payment of the Note, all in accordance with the provisions of Minnesota Statutes, Section 447.45 to 447.50 (the "Act "); (3) the amount estimated to be necessary to finance the Project will require the issuance of the Note in the principal amount of $ as hereinafter provided; (4) the Note and the interest accruing thereon are payable solely from the net revenues of the municipal hospital and facility and do not give rise to a charge against the general credit or taxing powers of the Issuer and neither the full faith and credit nor the taxing powers of the issuer is pledged for the payment of the Note or interest thereon. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be dated as of the date of its issuance and shall be in substantially the form set forth on Exhibit A attached hereto and incorporated herein by reference, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, . and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $ 2. Sale of the Note. That the offer of First Midwest Municipal Lease Corporation (it and any registered assign of the Note being hereinafter called the "Lender ") to purchase the $ Hospital Revenue Note, Series , referred to herein as the "Note ", in accordance with the terms and at the rates of interest therein set forth, and to pay therefor the sum of $ is hereby accepted. 3. Execution. The Note shall be executed on behalf of the Issuer by the signatures of the Chairman of the County Board and County Auditor and shall be sealed with the seal of the Issuer; provided that the seal may be omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Chairman of the County Board or the County Auditor such officers of the Issuer as, in the opinion of the Issuer's attorney, may act in their behalf, shall without further act or authorization of the Issuer to execute and deliver the Note. 4. Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) the executed Certification of the Issuer in the form attached hereto as Exhibit B; (2) the executed UCC financing statement in the form attached hereto as Exhibit C -1 and C -2; (3) an executed Information Return for Tax Exempt Governmental Bonds in the form attached hereto as Exhibit D; (4) an opinion of counsel for the Issuer in substantially the form attached hereto as Exhibit E; and (5) such other documents and opinions as the Lender may reasonably require. 5. Registration of Transfer. The Issuer will cause to be kept at the office of the County Treasurer a Note Register in which, subject to such reasonable regulations as it may prescribe, the Issuer shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon E 2 i • surrender of the Note together with a written instrument of transfer satisfactory to the County Treasurer, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of County, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said Issuer with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 19 of the Note. The Registered Owner attests that this assignment and transfer is in full compliance with applicable state and federal security laws; including, specifically, registration requirements and exemption from registration requirements and further certifies that no further action on the part of Itasca County or its officials is necessary. Dated: Registered Owner Upon such transfer the Treasurer shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 6. on of Oual In order to qualify the Note as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations: (a) the Note is issued after August 7, 1986; (b) the Note is not a "private activ.ity bond" as defined in Section 141 of the Code; (c) the Issuer hereby designates the Note as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the Issuer (and all subordinate entities of the Issuer) during this calendar year 19_ will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the Issuer during this calendar year 19 have been designated for purposes of Section 265(b)(3) of the Code. The Issuer shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 7. Preservation of Tax Exempt Status of the Note. In order to preserve the tax exempt status of the Note, the Issuer covenants that it shall take such actions as are required and within their reasonable control to prevent the interest on the Note from becoming taxable for federal income tax purposes for the owners thereof including but not limited to the following: (A) Not Private Activity Bond. hereby covenants not to use the Project or permit it to be used by a non - governmental such a manner as to cause the Note to be a activity bond" within the meaning of Secti through 150 of the Code. The Issuer to cause or person, in "private ins 103 and 141 (B) Yield Restriction; Rebate. The Issuer shall comply with requirements under Section 148 of the Code relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Note, and the rebate of excess investment earnings to the United States if the Note (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceeds the small- issuer exception amount of $5,000,000 hereinafter described. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the Issuer hereby finds, determines and declares that the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the Issuer (and all subordinate entities of the Issuer) during the calendar year in which the Note is issued and outstanding at one time is not reasonably L .J 4 expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 8. Registration of Resolution. The Treasurer is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Itasca County, and to obtain from said County Auditor a certificate that the Note as a bond of the Issuer has been duly entered upon his or her bond register. 9. Authorization to Execute Documents. The forms of the Note, Certificate of the Issuer, UCC -1 Financing Statements and Information Return for Tax Exempt Governmental Bonds are hereby approved in substantially the forms attached hereto as Exhibits A, B, C -1, C -2 and D, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the Issuer Attorney prior to the execution of the documents. The Chairman of the County Board and County Auditor are authorized to execute such documents together with any other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Chairman of the County Board or the County Auditor such officers of the Issuer as, in the opinion of the Issuer Attorney, may act in their behalf, shall without further act or authorization of the Issuer do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Adopted: 0 J Brad Emans Asst. Chief, H.F.D. Dear Mayor and Council: HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 Chief: Orlin "Butch "Henke May 2, 1989 It is spring cleaning time and we have old excess to sell. 1) 15 Minitor pagers that are 10 to 12 years old that we can sell for $50.00 each to McManus Communications. My recommendation would be to use the sale money to buy 2 new Minitor II pagers. As you know we are in the middle of replacing all are pagers. 2) 5 to 7 pair of odd size bunker pants that we can sell for $50.00 to $75.00 per pair. The sale money could be put in our equipment budget. If you have any questions, feel free to call me. Sincerely, Brad Emans Is 9-/4 May 5, 1989 AArroLD & MGDOwELL ATTORSEY4 AT LAW 101 PARK PLACE- HCTCHINSON, MINNESOTA 55'150 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (6I2) 587 -7575 TELECOPIER(012) 587' 4008 RESIDENT ATTORNEY G. BARRY ANDERSON Re: Sturges vs. City of Hutchinson our File No. 3244 -87 -0008 Dear Gary: ,F I'll 11.1 WILLIAM W. CAMERON PAUL D. DOVE 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612')545 -6000 MN TOLL FREE 800.343 -4545 TELEGOPIER(612) 545 -1103 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 5ri.371 ((112) J89-22L4 TELECOPIER(012) 380 -5509 �2345g)\ 91-" REC iV�z„€3 tZ I am requesting that the above referenced matter be placed one • again on the agenda for consideration next Tuesday. I am enclosing herewith a revised Easement for the signature of Delmer Sturges and his wife, Doris Sturges. I am also enclosing a copy of my settlement letter of January 6, 1989. This settlement was held up because of a couple of concerns. First, the City felt it would be helpful to have an engineer on board to review the settlement prior to final approval. I have separately written Marlow on this subject. Second, I had expressed some concern about the language in the proposed easement having to do with granting permission to Mr. and Mrs. Sturges to drain into the system. Limiting language restricting that right to agricultural purposes has been inserted into the easement. The easement has also been modified slightly to make it clear that it is at City discretion as to whether or not the pipe will be buried. There was one question raised by the Council to which there may never be a satisfactory answer. That issue concerns the obligation in the easement for covering the pipe. As the former City Engineer mentioned during our last discussion of this subject, that could be an expensive proposition. on the other hand, the property owner . sees no reason to make a contribution to the covering of the pipe since the pipe has little if any benefit to him. Further, since �C _X7 DAVID U. ARNOLD CHARLES R. CARMICIIAEL CARY D. M' DOW'ELL STEVEN A. ANDERSON 0. DARR1 ANDERSON STEVEN S. HOLE LAURA H. FRETLAND DAVID A. DRCEOCEMANN JOSEPH M. FAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. MCGEE May 5, 1989 AArroLD & MGDOwELL ATTORSEY4 AT LAW 101 PARK PLACE- HCTCHINSON, MINNESOTA 55'150 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (6I2) 587 -7575 TELECOPIER(012) 587' 4008 RESIDENT ATTORNEY G. BARRY ANDERSON Re: Sturges vs. City of Hutchinson our File No. 3244 -87 -0008 Dear Gary: ,F I'll 11.1 WILLIAM W. CAMERON PAUL D. DOVE 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612')545 -6000 MN TOLL FREE 800.343 -4545 TELEGOPIER(612) 545 -1103 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 5ri.371 ((112) J89-22L4 TELECOPIER(012) 380 -5509 �2345g)\ 91-" REC iV�z„€3 tZ I am requesting that the above referenced matter be placed one • again on the agenda for consideration next Tuesday. I am enclosing herewith a revised Easement for the signature of Delmer Sturges and his wife, Doris Sturges. I am also enclosing a copy of my settlement letter of January 6, 1989. This settlement was held up because of a couple of concerns. First, the City felt it would be helpful to have an engineer on board to review the settlement prior to final approval. I have separately written Marlow on this subject. Second, I had expressed some concern about the language in the proposed easement having to do with granting permission to Mr. and Mrs. Sturges to drain into the system. Limiting language restricting that right to agricultural purposes has been inserted into the easement. The easement has also been modified slightly to make it clear that it is at City discretion as to whether or not the pipe will be buried. There was one question raised by the Council to which there may never be a satisfactory answer. That issue concerns the obligation in the easement for covering the pipe. As the former City Engineer mentioned during our last discussion of this subject, that could be an expensive proposition. on the other hand, the property owner . sees no reason to make a contribution to the covering of the pipe since the pipe has little if any benefit to him. Further, since �C _X7 Mr. Gary D. Plotz May 5, 1989 Page 2 the easement is granted solely for a municipal improvement, the maintenance of that municipal improvement, if it creates any liability, creates liability for the City of Hutchinson and no one else. In other words, it will be to the City's benefit to cover the ditch when and if that issue arises in the future. To the extent there is any benefit to the property owner from covering the ditch (land reclamation and the like) , those costs may very well be accessible to the property owner although I hesitate to make any firm comments in view of the long period of time that will likely pass before any significant discussion concerning enclosing the ditch occurs. On balance, I believe the settlement is a sensible one with the easement to be executed as revised. I would ask that the City approve the revised easement and the terms of the settlement involving a payment of $14,000 by the City of Hutchinson and the balance by the City's insurance carrier. If you have any questions with regard to this matter, do not hesitate to contact me. Thank you. Very truly G. 'B"arry_Anderson GBA:lm DAVID B. ARNOLD .CHARLES R. CARMICHAEL GARY D. MIDOMELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. MOOR CHARLES L NAIL, JR. LAURA R. PRETLAND DAVID A. BRUEOOEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS January 6, 1989 ARNOLD & McDOWELL ATTORNEYS AT LAw 101 PARR PLACE HUTCHINSON. MINNESOTA 55350 (612) 587 -7575 RESIDENT ATTORNEY O. BARRY ANDERSON Honorable Paul Ackland Mayor of Hutchinson 148 Hassan Street Hutchinson, Mn. 55350 Mr. John Mlinar 704 Hilltop Drive Hutchinson, Mn. 55350 Mr. Michael Carls 915 Neal • Hutchinson, Mn. 55350 Mr. Marlin Torgerson 1245 Rolling Oaks Lane Hutchinson, Mn. 55350 Mr. Pat Mikulecky 605 Harmony Lane Hutchinson, Mn. 55350 Re: Sturges vs. City of Hutchinson Our File No.: 3244 -87 -0008 Gentlemen: 6061 CEDAR LAME ROAD MINNEAPOLIS, MINNESOTA 66410 (612) 645 -0000 MN TOLL FREE 600 -040 -4546 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 66071 (612) 3BG -2214 As you may recall, I was authorized by the city council to commense eminant domain proceedings if a negotiated settlement could not be reached on the claims of Mr. Sturges regarding construction of a ditch located on the southerly edge of the City of Hutchinson. To review briefly, you may also recall that the settlement proposal made by the plaintiff in this matter was a demand in the neighbor- hood of $35,000.00 plus the loss of use of the real estate. Since council authorization, I have been in contact with the attorney for the plaintiff and this matter has been thoroughly analysed and argued; plaintiff's demand has dropped steadily and the settlement proposal now on the table, without any additional offer on the part of the City of Hutchinson, is $15,000.00., A copy of the settlement proposal is included in your packet. January 6, 1989 Page 2 0 The insurance carrier for the City of Hutchinson has no responsibility for damages arising out of the loss of the land. Nonetheless, I have arranged to have the insurance carrier contribute $1,000.00 towards the settlement amount plus pay the additional damages claimed by Sturges for the loss of the use of the land (which amounts to only $160.00). Thus, the settlement proposal before the city council is to pay the sum of $14,000.00 ($15,000.00 minus $1,000.00) in exchange for an easement and in exchange for a commitment to cover the ditch when it would become appropriate and consistent with existing city policy. The precise language would need to be approved by the city engineer, but I assume in general this concept is acceptable. It would be my recommendation to the city council that the proposal now before the City of Hutchinson be approved. It is possible, of course, that if an eminent domain proceeding were completed the damages would be less than $14,000.00. However, I think a more likely outcome is probably of an award of somewhere between ten and twelve thousand dollars and frankly, the risk of a much higher award is not worth the gamble represented by the additional two thousand dollars in the proposed settlement. It would be my recommendation to simplify matters and to have the . settlement proposal as outlined by Mr. Malecki's letter dated December 28, 1988, approved subject to approval by the city engineer and city attorney of tha language to be included in the release of all claims. Obviously, we would also need an easement from Mr. Sturges as part of the settlement. The easiest way to handle this matter is to allow this matter to be placed on the agenda unless someone objects strongly and wishes to have a closed meeting. Please let the administrator know if that is your wish. Thank you. Best personal regards, ARNOLD & McDOWELL G. Barry Anderson GBA:mb CC: Gary D. Plotz EASEMENT • In return for the payment to them of $15,000, the receipt of which is hereby acknowledged, Delmer Sturges and Doris Sturges, husband and wife, of the County of McLeod, State of Minnesota, hereinafter referred to as "GRANTORS," do hereby grant, bargain, and convey to the City of Hutchinson, a Minnesota municipal corporation, its heirs and assigns, a perpetual easement and right - of -way for the location, establishment, construction, and maintenance of an open drainage ditch (subject to the conditions recited hereinafter) approximately 90 feet in width and 665 feet in length, in a corridor over and across the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 12, Township • 116N, Range 30W, McLeod County, Minnesota, said corridor being located over and across said Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 12- 116N -30W, as shown on the surveyor's sketch dated September 11, 1987, marked Exhibit "A," attached hereto and made a part hereof by reference. The grant of this easement to include the grant of reasonable access over lands adjacent to said open ditch for future maintenance purposes, provided that any future maintenance work so undertaken is done in such a manner as to minimize crop or other damage to the adjacent lands. The sole purpose for the grant of the within easement is for said open drainage ditch or later buried pipe or buried storm sewer drain to receive storm sewer drainage waters discharged or to be • discharged by the City of Hutchinson into said drainage ditch or later buried pipe or buried storm sewer drain. As additional consideration for the grant of the within easement and as a condition for the continuation of the easement, GRANTORS and their heirs and assigns shall have the perpetual right, without fee, cost or expense, to drain their lands in-the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4), Section 12- 116N -30W, into the open drainage ditch or later buried pipe or buried storm sewer drain, to be located within the easement granted hereby. It is understood that the permission to drain is granted by the City solely for agricultural purposes. As additional consideration for the grant of the within easement and as a condition for the continuation of the easement, the City of Hutchinson shall, at such time in the future as real estate development conditions on or near the Southwest Quarter (SW • 1/4) of the Northeast Quarter (NE 1/4) of Section 12- 116N -30W warrant and at the discretion of the City, convert the open drainage ditch presently permitted by the within easement into a buried pipe or buried storm sewer drain, at which time the easement granted hereby shall, without further action by GRANTORS, their heirs or assigns, be modified or amended to provide to the City of Hutchinson, a perpetual easement for the location, establishment, construction and maintenance of a buried pipe or buried storm sewer drain within the corridor described herein above, with rights to the use of the surface above said buried pipe or buried storm sewer drain to revert to GRANTORS, their heirs, and assigns, provided that the exercise of said rights with respect to the use of the surface lands above said buried storm sewer pipe or storm sewer • drain shall in no way interfere with or otherwise harm the • continued operation and maintenance of said buried pipe or buried storm sewer drain by the City of Hutchinson. Dated this day of May, 1989. Delmer Sturges Doris Sturges STATE OF MINNESOTA) ss. COUNTY OF McLEOD ) The foregoing instrument was acknowledged before me this day of May, 1989, by Delmer Sturges and Doris Sturges, husband and wife, Grantors. 0 Drafted by: G. Barry Anderson ARNOLD & MODOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X 0 Notary Publ CENTRAL GARAGE FUND *PERA Hutch Sports Inc. Brandon Tire Boyu!n Equipment Carquest Auto Parts Farm & Home Hutch Wholesale Jerabek Machine Shop • MTI Dist. Co. MacQueen Equipment Pederson Sells Equipment Sorenson Farm Supply U.S.Postmaster Wigen Chev. employer contribution REGULAR COUNCIL MEETING May 9, 1989 • 6.00 gutter broom 202.50 parts WATER $ SEWER FUND supplies 9.80 supplies *PERA employer contribution $322.89 parts *U.S. Postmaster postage for water bills 161.77 parts Ed Dulas polish 7.50 meter postage Davies Water Equipment repairs 135.39 Pro Maintenance Inc. quartz 4000.00 City Hall $ offices 1" meter 145.50 Am. National Bank agents fees 364.80 Am. National Bank principal and interest 401,506.25 Anderson Interiors supplies & rental 46.95 Coast to Coast supplies 155.85 Commissioner of Revenue sales tax 760.04 Curtin Scientific chemicals 30.23 Data Stream Systems repairs 1250.00 Dixie Petro Chemical chemicals 427.70 Erickson More 4 supplies 3.69 Ed Davis Bus Machines office supplies 148.20 Fisher Scientific supplies 1811.52 Farm F, Home supplies 31.81 Farmers Elevator Assn lawn mix 92.50 Floor Care Supply supplies 659.59 Fitzloff Hardware supplies 19.38 G & K Services uniform rental 96.80 Hach Co. supplies 95.00 • The Hotsy Corp, supplies 39.00 Hutch Utilities gas $ electricity 14,301.05 Hutch Fire $ Safety repairs 27.80 Junker Sanitation refuse charges 37,299.80 Mn. Valley Testing Lab testing 214.20 Plaza Hardware supplies 34.08 Power Process Equipment chart 81.95 Sorenson Farm Supply ladder rental 12.50 State Treasurer Class IV certificate -Meece 15.00 State Treasurer certification fee -Lanz 15.00 Tri Co. Water Cond. salt 8.00 U.S. Postmaster meter postage 93.40. $ 464,349.14 CENTRAL GARAGE FUND *PERA Hutch Sports Inc. Brandon Tire Boyu!n Equipment Carquest Auto Parts Farm & Home Hutch Wholesale Jerabek Machine Shop • MTI Dist. Co. MacQueen Equipment Pederson Sells Equipment Sorenson Farm Supply U.S.Postmaster Wigen Chev. employer contribution $50.91 parts 53.25 repairs 6.00 gutter broom 202.50 parts 1096.01 supplies 9.80 supplies 485.23 supplies 11.75 parts 321.67 parts 2376.00 parts 52.89 supplies 3.50 meter postage 3.25 repairs $ parts 164.29 $ 4837.05 11-al l GENERAL FUND *U.S.Postmaster May postage for Sr. newsletter 5165.44 *Dept. of Natural Resources DNR registration fees 486.00 • *Templeton Funds Trust Co. employer contribution 164.08 *Mn. Renaissance Festival tickets 231.25 *Chanhassen Dinner Theatres 46 tickets 1077.75 *PERA employer contribution 4168.27 *McLeod Co. Treasurer chloride treatment 2701.00 *Dept. of Natural Resources DNR registration fees 435.00 *Roger Bakken 5 3M tapes 12.50 *11SU Dept. of Theatre Arts 46 tickets 287.50 Kathy Stouvenal MRPA conf. 67.08 Mary Haugen Mn Aquatic conf. 100.08 Millie Messner shelter reservation 10.00 Marlin Torgerson damage to sprinkler head 20.00 Floyd Groehler seminar expenses 10.57 Douglas Meier seminar expenses 15.97 Edward J. Harper %safety boots 30.00 Arne Heil tour refund 15.00 Rex Haraldson prom refund 18.00 Finley Mix %safety glasses 80.00 Leo Lamecker gas key refund 30.00 Jay Berglund partial refund overpayment 145.00 Lori Galles league fee partial refund 33.00 Maggie Mueller overpayment partial refund 103.00 Evan Swanson league deposit refund 25.00 Donald Krussow brackets $ opening car doors 70.00 Hazel Sitz logis training meeting 31.43 • Lori Adamietz CAD training 17.97 Janet Brown CAD training 37.78 Nancy Buss Logis training 65.63 Jean Gray CAD training 78.28 Barbara Mathwig CAD training 12.82 Sharon Zieman CAD training 14.72 Steven C. Madson expenses 327.79 American Trest Center repairs 545.00 AMI Roto Rooter opening line 38.00 Americ Inn room -Liz Gerebie 129.16 Bargen Inc. crack routing etc. 12,036.00 Beacon Products Inc. supplies 481.00 Bureau of Bus. Practice subscription 65.88 Clareys Safety Equipment supplies 151.50 Carlton Inn hotel reservation- 2726.00 Com.of Transportation 4 signs 340.00 Flaherty Equipment Corp. repairs 520.93 Government Training Office registration fee 15.00 Gemplers Inc. supplies 39.90 Int'l Conf. Bldg. Officials uniform code 18.90 Jayco Aviation aviation gas 4538.40 Kandi Roofing Co. patching $ repairing hole 144.00 Mn.State Armory Bldg. Com. yearly payment 1000.00 Marks TV service buzzer & speaker 100.00 McLeod Co. Historical Society 1st payment for 1989 2500.00 • Mn. Public Transit Assn. registration fees 20.00 Mn. Bookstore peace officer training manuel 5.50 NRPA dues to NRPA 85.00 Natl Fire Prot. Assn. subscription 17.50 Natl Auto Dealers used car guide subscription 35.00 -3- Office Products repairs $25.00 Old Log Theatre 46 tickets 1046.50 Peters meeting 20.00 • Priebe Eng. PA eng.services $ expenses 2141.37 Publications Center literature 15.30 R.E. Mooney F, Assoc. supplies 973.20 Rickman Seed Center chemicals 328.00 The Sheep Shedde conf. with park director 20.66 Technical Inst. of Hutchinson firefighter class 32.00 Wesleys Pharmacy film processing 4.86 Albinson supplies 76.03 Albrecht Oil Co. gasoline $ kerosene 305.04 Allen Office supplies 14.95 Allen Office supplies 61.74 Allied MechanicalSystems supplies 22.73 AN.Welding Supplies cylinder rental 6.50 Bremis Concrete Co. supplies 232.69 Bureau of CriminalAppr. CJDN connection chgs. 150.00 Brinkman film 13.98 Bennett Office repairs 47.67 Bennett Office Supplies repairs F, supplies 68.04 BRW prof. services 1113.55 John Bernhagen May compensation 1800.00 Carr Flowers plant -K.Moe 15.00 Chapin Pub.Co. publication costs 72.00 Carquest Auto Parts supplies 16.11 Crown River Vet Clinic boarding fees 157.90 Coast to Coast supplies 10.02 • Coast to Coast supplies 263.53 Coast to Coast supplies 480.00 Chamber of Commerce rental $ secretarial 379.51 Copy Equipment repairs & supplies 531.20 Co. Treasurer DL fees 102.50 Co. Treasurer real estate tax es 708.16 County Market supplies 22.87 Chas. Bailly Y Co. audit services 11,715.00 Culligan Water Cond. repairs $ salt 31.70 Ericksons More 4 supplies 25.75 Family Rexall Drug pictures 6.57 Family Rexall Drug supplies 91.03 Farm $ Home supplies 216.53 Feed Rite Controls chemicals 15.00 Floor Care Supplies cleaning supplies 3097.61 Fitzloff Hardware supplies 213.93 GF Nemitz Sons pint 35.50 G.A. Ernst $ Asso. 29 audits 2916.00 Gopher State One Call 58 calls 342.50 Guardian Pest Control pest control 44.00 G $ K Services uniform rental 488.24 Hager Jewelry UPS charges 6.47 Hager Jewelry name plaque S .-S Henrys Candy Co. supplies 582.97 . Home Bakery Hutch Conventions $ Vistors Bureau cookies March collection tax 9.00 1308.66 Hutch Com. Hospital laundry 32.40 Hutch Iron $ Metal iron 16.29 Hutch Landscaping tree 35.00 Hutch Leader advertising 697.16 -4- Hutch Utilities gas $ electricity $8652.63 • Hutch Wholesale supplies 418.81 Hutdh Wholesale supplies 26.49 Hutch Fire $ Safety maintenance 96.90 HCVN #10 cable franchise 750.00 Ink Spots printing 128.45 Insurance Planners ins. agent fees 63.10 K Mart supplies 30.91 Kokesh supplies 175.56 Marco Bus. Products office supplies 267.27 Mankato Mobile Radio repairs 45.00 McLeod Coop Power Assn. electricity 519.44 Meeker WashedSand p. rock $ sand 852.36 Mid Central Inc. equipment 256.00 Kenneth Merrill logis meetings 35.37 Mn.U.C.Fund unemployment comp. 300.44 Mn. Elevator Inc. elevator service 54.85 MRPA dues 110.00 MRPA workshop reg. fees 35.00 McGarvey Coffee coffee 125.51 Northern States Supply supplies 102.35 Plaza Hardware supplies 134.52 Quades Sport Shop supplies 672.70 Rutz Plbg & Htg repairs 45.00 Schmeling.0il Co. gasoline & diesel fuel 14.65 Shopko supplies 45.83 • Sorensen Farm Supply supplies 4 rental 212.50 Standard Printing printing 143.47 Two Way Com. Inc. repairs & equipment 1124.00 Two Way Com. Inc. repairs 104.40 Tri Co. Water Cond. salt $ service 55.50 U.S. Postmaster meter postage 478.35 Xerox Corp. contract payt & maintenance 524.19 West Central Ins. Inc. supplies 1106.74 Wigen Chev co. repairs 2164.77 Wm. Mueller & Sons sand 115.50 $ 95,840.81 Menard Buildings 8 unit hanger 104,900.00 BOND FUNDS 1984 Parking Impr. Bonds First Trust agent fees $ 703.50 Bonds of 1987 DebtService Am. National Bank bond principal $ interest 137,300.00 Bonds of 1979 • Norwest Bank interest & agent fees 5,896.25 Bonds of 1977 Norwest Bank bond principal,interest $ fees 82,200.00 MM LIQUOR STORE FUND Withhold Tax Account City of Hutchinson Withhold Tax Account City of Hutchinson PERA Commissioner of Revenue PERA Quality Wine F, Spirits Johnson Brothers Griggs Cooper $ Co. Ed Phillips &Sons Quality Wine & Spirits Griggs Cooper $ Co. Johnson Brothers Wholesale Ed Phillips & Sons Quality Wine $ Spirits Co. Johnson Brothers Griggs Cooper $ Co. Ed Phillips $ Sons is 0 employer contribution $291.74 payroll 4046.88 employer contribution 293.03 payroll 4283.08 employer contribution 160.68 April sales tax 8184.96 employer contribution 163.45 wine & liquor 447.14 wine $ liquor 3139.72 wine & liquor 3425.05 wine & liquor 1034.52 wine $ liquor 1419.31 wine & liquor 1619.88 wine $ liquor 1468.39 wine & liquor 37.96 wine & liquor 2419.55 wine $ liquor 1994.47 wine $ liquor 1792.47 wine $ liquor 6860.96 $39,443.24 0 (612) 587 -5151 JW ITY OF HUTCHINSON WASHINGTO N AVENUE WEST CHINSON, MINN. 55350 TO MAYOR & CITY COUNCIL MEMO 3/_\7 FROM: KEN MERRILL, FINANCE DIRECTOR ---------------------------------------- - - - - -- _3 SUBJECT: PERMANENT PART TIME EMPLOYEE ------------------------------------------ - - - - -- FOR YOUR INFORMATION In the 1989 Finance Department budget we have budgeted funds for a permanent part -time position. Internally we have met and reviewed what is anticipated of the position. Hazel Sitz, Personnel Coordinator, has created the job description for the position based upon the discussion. Gary Plotz, has reviewed and agrees to the request. If there is no objection by the City Council, we will begin advertising for this position in the Thursday (May 4, 1989) edition of the Hutchinson Leader. We will of course post the job internally giving our employees first opportunity. We then will fill the job under current city council policy. TITLE ACCOUNTING TECHNICIAN jobdes70 5 -89 DEPARTMENT FINANCE -36- SUPERVISED BY DIRECTOR OF FINANCE SUMMARY THIS IS DATA ENTRY AND RECORD KEEPING WORK RELATING TO CITY FINANCIAL RECORDS DUTIES AND RESPONSIBILITIES 1 Prepares verified claims for payment for each city council meeting. Enters data on terminal. 2 Assists in processing checks for payment of claims after checks are printed. Files verified accounts after payment. 3 Assists in preparation and entry of cash receipts into computer terminal. 4 Prepares miscellaneous billings. Maintains records on miscellaneous billings. 6 Assists with perpetual inventory system of liquor store, including invoice entry. 7 Assists with special assessment data maintenance. 8 Serves as backup for other finance department functions. 9 Performs related duties as required. EQUIPMENT Typewriter, calculator, data entry terminal DESIRABLE QUALIFICATIONS Training and experience in computerized accounting methods and procedures. Efficient work habits with accuracy and attention to detail. Ability to prioritize work and assume increasing responsibility. WORKING CONDITIONS Average 20-25 hours per week; flexible hours as arranged with director. STARTING RATE $7.00 /hour DOG 9 0 E DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. MCDOWELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE LAURA E. PRETLAND DAVID A. BRUEGGEMAHN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. McOEE May 1, 1989 AANOLD & MGDOWELL ATTORNEYS AT L.Aw 5881 CEDAR LASE ROAD MINNEAPOLIS, MIR"NESOTA 55419 -1492 (612) 545 -9000 MN TOLL FREE 800- 343-4545 CABLE MGLAW MINNEAPOLIS TELEGOPIER (612)545 -1703 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: Our File No.: 3244 -88 -0027 Dear Gary: OF COUNSEL WILLIAM W. CAMERON PAUL D. DOVE 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 - 2214 TELECOPIER(612) 388 -5506 101 PARR PLACE HUTCHINSON. MINNESOTA 55350 (610) 561 -0575 TELECOPiER (012)56] -4086 3p31-1231 �2`� .� Se ^ti ( r CC � M,EY 1919 N _ h l0 _mac. Y (� 7f �2�2o2bLSi1ti��` FOR YOUR INFORMATION This letter is to advise you, and for you to pass along to the council at the next regularly scheduled 'c- counciu meeti erg, ctra� the Mayor and myself met with Richard Horak, a professional construction manager (and also a registered engineer) to discuss issues relating to the police station and the resolution of still - open claims between the City of Hutchinson and the construction manager assigned to the project. I have not heard from Mr. Horak regarding his opinion and I will advise you of any developments. Thank you. Very truly yours, (612) E H • U • T• C • H • I N • c • 0 • N tv1 =! • N N -E • S • _,O •T • A ,fie � '..G.- ,-rte -- .�,!�,�,�_ �'.�,�_ �'_ �< °� r r-- �, ^- Lc%^',..,,,•- 37 bvashington Ave. W. • Hutchinson. MN 55350 FOR YOUR INFORMATION M E M O R A N D U M DATE: May 4, 1989 To: Mayor & City Council FROM: Skip Quade, Chairman MAINSTREET Hutchinson RE: Christmas Street Light Decoration Replacement Committee We request that the following members of MAINSTREET Hutchinson be appointed to the Christmas Street Light Decoration Replacement Committee: Colleen Willhite Joanne Willmert Jay Beytien The MAINSTREET Hutchinson project is organized and well underway. We re- quest your consideration for appointments to any boards or commissions re- lating to our downtown community. Thank you in advance for your support. 0 /ms TO: FROM: SUBJECT r(612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: May 5, 1989 FOR YOUR INF_ORMAJV Mayor and Council ------------------------ - - - - -- Downtown Design Review Committee -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — —CHRISTMAS STREET LIGHT DECORATION REPLACEMENT COMMITTEE — ---------------------- - - - - -- We request that the following member of the Downtown Design Review Committee be appointed to the Christmas Street Light Decoration Replacement Committee: Rich Westlund Thank you in advance for your support. /bb 1] Y.Y PARKS • RECREATION • FORESTRY 900 Harrington Street Hutchinson, Minnesota 55350 5 , 4 ,g (612) 587 -2975 SENIOR CENTER CIVIC ARENA 587 -6584 6�A TO: Gary Plotz, Administrator FROM: Dolf Moon, Director of Parks & Recreation DATE: May 4, 1989 RE: Library Square Lights FOR YOUR INFORMATION Quade Electric has informed me they are waiting to recieve lamps. They anticipate recieving the lamps Friday, May 5, 1989 and in- stallation will begin immediately, Friday, time and weather per- mitting. If installation cannot be completed by Friday, they will take care of the situation early next week. I impressed upon them the urgency of this matter. klm =S EN ENGINEERSI ARCNITECM ■PLANNERS April 19, 1989 222 EASTLITTLE CANADA ROAD, ST PAUL, MINNESOTA 55177 672 4840272 u Mr. Gary D. Plotz, Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Dear Mr. Plotz: 9 APR�. �is S a^ RECE r ED m v LJ FOR YOUR INFORMATION We would like to modify our submittal for the Needs Assessment /Space Study for the City Hall to include optional consultants to be considered by the City's. The firm of Kaeding and Associates /Wentz (Electrical /Mechanical) are very familiar to us; we have worked together on numerous assignments. Orfield Associates (Acoustics) even though we have not worked with them is considered qualified to work on your project. We do not anticipate any change in our scope regarding the acoustics however you may wish to broaden Orfields work and the fees then would be adjusted accordingly. Sincerely, Short - Elliott - Hendric o Inc. Da in M. Lind? 1, AIA DML /dma Project Manag 0 SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON 1NC. MINNESOTA WISCONSIN 0 0 HUTCHINSON POLICE DEPARTMENT MEMORANDUM TO Gary Plotz FROM Ron Kirchoff SUBJECT Echo, Oakland & Main Street traffic accidents DATE April 25, 1989 FOR YOUR INFORMATION Ref. accidents at Echo Drive & Oakland and Echo Drive & Highway 15 for 1988 they are as follows: 12 -9 -88 Echo Drive & Oakland Avenue 10 -20 -88 Main Street & Echo Drive 12 -16 -88 Echo Drive & Oakland Avenue 12 -16 -88 Oakland Avenue & Echo Drive From 1 -1 -89 through 4 -24 -89 there have been no accidents reported at either locations. (612) 587 -5151 F CITY Of HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 DATE: May 1st, 1989 TO: Planning CommissiDn City Council FROM: City Engineer RE: Annexation - Section 1, T116N, R30W 0 FOR YOUR INFORMATION The balance of the SE 1/4 of the SW 1/4 of Section 1 owned by Ron Hanson and others, not presently in the City, should be annexed. To the best of our knowledge the area is completely surrounded by the City. At present, the City does not have the ability to control the land use or the type of structures. The only assessment is the deferred 1969 SW Storm Sewer. This was inplace when Mr. Hanson purchased the property and I believe some of the other present owners. I have checked with the Municipal Board and the area to be annexed can be described as follows: All that part of the SE 1/4 of the SW 1/4 of Section 1, Township 116 North, Range 30 West, not presently in the City of Hutchinson, but surrounded by the City. Containing 6.6 acres more or less. Marlow V. Priebe City Engineer MVP/PV 0 0 W X612) 587.5151 ITY OF HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 M E M 0 DATE: May 4th, 1989 TO: Mayor and City Council FROM: City Engineer RE: Main Street South FOR YOUR INFORMATION We have inspected the condition of the sod between 4th Avenue and 5th Avenue installed on the City contract. It is our opinion that damage is due to salt, etc... from winter weather conditions. Replacement would have to be an additional cost to the contract. If we are to replace same, request approval to do so. MVP /PV cc: Cal Rice Marlow V. Priebe City Engineer (612) 587.5151 ITV OF HUTCHINSON VASHINGTON AVENUE WEST 'HINSON, MINN, 55350 M E M 0 DATE: May 4th, 1989 TO: Mayor and City Council FROM: City Engineer RE: Hook -up Charges E FOR YOUR INFORMATION City Attorney Barry Anderson and myself expected to have a report on hook -up charges available for the May 23rd Council Meeting. Marlow V. Priebe City Engineer MVP/PV 0 .IId11I IIIIIIII�1'rl�� 1111111 III II IIII (A UilkCICA por n,,. ,-L rnOG / FOR YOUR INH / / 7 TION _ /7 7uvY_.h �rGU,r Ll� /nk. 2 �L/t`e�t. ni4C.. Tl�7 - by (uut /)14ech L,4uoe O !/J,ti�. �r�k.. /71,se. iuf�.2 By j � r Y . / / �Td6k •�! i -i r� r __ . . S�?d 7 l ' . ig / a4` . ,-,r/, 1 �9 ",< 99 a I . = � . _ I Z I 13 6 , - -- I9q . I b I 97'!4I L 65t � �1rz �z: I I 1 17 ILt° + 6zViz. v 199 9 z Ins o3 1 I �II 4o¢.z 1 a_ i' - Z 3 1z Y ' 7 1 l A IC f 1 f ' . r f p/ 9 J o. 79 A II � / M g 14.f Is P 9� .i 4 `` G_ G" _ rrL7ry 2 2 ✓ ._ J4'r 79w E6 �.� _ 91 �S of r, 4 9 Q -. 16 /F 1 36! Y7o�,3 lf7�Z1 =' ♦192~.1 .{7q 7 4 1 �I't 1 1 to,I 61 , 1 _ - - L. - -_-z 1 'SLIP { Es�zLa 7 7, -_. i I ; ._._. 1 A _ 6/ X19 8674 3 'FAQ '' 71 -_.18 7: -- - 1 .90- � I Z Y ' 0 A, _.Z 71 62 o Z _ I.Z.q it __ _S' I. 4 ' _ 8 721 456.21 </ II MI6/ ._ x ° n -- _ - -- - / S 2 _ °/ /93f'13 ^90IP_.7 at' 9 . -.J 3 _3 L! , p s % 446 ly ._� i' b -_ —� KT 6 3 d � ,3 /d GI` - — - 14,64:541 I Ix t 114416 °9D G A� __ " ,. n _ ? / h 'd 90 - 1 7r �lq 7 - 8 — - — - - i T c _ -- W )a 6:59= - - .. ___ -- - -- 1� o — 17A N4 q I4K.. ` 4/191 F}5' HUTCHINSON L TIES COMMISSION PAGE i HUTC[{:[N_ MINNESOTA � MARCH 3 1, 1909 SHEET MARCH 3 FOR YOUR INFORMATION x x x ELECTRIC x x x x x x x x GAS x x x x H x x x x TOTAL • x x x - -- _ ASSETS UTILITY PLANT LAND & LAND RIGHTS 140,963,10 13,978.10 154,941.20 VEPRECIADLE UTILITY F'LANT 23,067,321.64 2,419,215.21 25,486_,536.85 TOTAL UTILITY PLANT 23,200,284.74 2,433.193.31 25,641,470.05 -: LESS ACCUMULATED DEPRECIATION_ (11,88.6,_820.75) (1,027,120.03) (12,913,940.78) 'TOTAL ACCUMULATED DEPRECIATION ) (11,006,820,75) (1,027,120.03) (12,913,940.78) :- CONSTRUCTION IN -PROGRESS 11,417.54 115,931.92 TOTAL CONSTRUCTION IN PROGRESS _104,514.38 _ _ - - - - - -- 104,514 38 11 417.54 _ !15,931 92 ) TOTAL UTILITY PLANT DEPREC VALUE 11,425,975.37 1,417,490.82_ _ 12,843,4.6.9_.1.9 1 RESTRICTED FUNDS & ACCOUNTS FUTURE EXPANSION & DEVELOPMENT --.-,FUTURE - - --- -- - - 1'900,000.00 -- - 1,250,000.00 3,0.`;0,000.00 - F OR FUEL OtL- - - 750,000.00 - - -_ - _ .00 750,000.00 1 MEDICAL INSURANCE_ 60,000.00 40,000.00 100,000.00 ITA - OPERATING & MAINT RESERVE 200,000.00 .00 200,000.00 ^- INSURANCE LOSS 300,000.00 .00 300j000.00 - ' POND & INTEREST PAYMENT 1986 220,903.14 .00 220.983.i4 1966 POND RESERVE 392,000.00 .00 392,000.00___ CATASTROPHIC FAILUFE FUND 750,000.00 .00 750,000.00 -, FEDERAL INTERPRETATION .00 627,266.16 627,266.16 - MAIN REPLACEMENT FUND _9 .00 1,0001000_._00 1,00.01000.00 TOT AL RESTRICTED FUNDS ACCOUNTS 4,472,983.14 2,917,266.16 _ 7,390,249.30 ) CURRENT & ACCRUED ASSETS - CASH IN SANK 168,581,59 471,695.02 640,276.61 _. I INVESTMENTS & SAVINGS ACCOUNTS 442,447.48 108,098.88 550,546.36 CONTRACT ,00 49 983.64 49,983.64 ACCOUNTS kECEIVAbLE 843,533,59 472,111,34 1,315,644.93 -' INVENTORIES 518,069.33 60,406.39 578,475.72 PREPAID - INSURANCE_ _ _ _ - _ —___- 17,403.17 _._ 6,_110.22 23,513.39 Af.Cf <IJED INTEkES7 RECEIVAS)LE __. 171.909.57 93,933.28 _ -_. 265,842.85 -' TOTAL CURRENT & ACCRUED ASSETS 2,161,944.73 1,262.338.77 3,424,283.50 - DEFERRED CHARGE DOND DISCOUN'P 1986 85,337.97 .00 - 85,337.97- - TUTf.L DEFERRED CHARGE 65,337.97 .06 85 337.97 TOTAL ASSETS - 18,146,244.21 5,597,095.75 - 23,743,339.96 4/19/89 HUTCHINSON UTILITIES COMMISSION PPGF_ HUTCHINSON, MINNESOTA BALANCE SHEET MARCH 31, 1.969 w w w EIEC'iRIC w w w w w w w w GAS w w w w w .x « w w TOTAL g� 9 rp, MUNICIPAL EQUITY d LIABILITIES; � ...._- 'MUNICIPAL EQUTTY _ )I MUNICIPAL EQUITY 13,621,309,78 4,943,423.28 18,564,733.06 �S UNAPPROPRIATED RETAINED EARNINGS_ 349,87; O 270,397.93 620,273.13 C: _ CONTRIBUTION TO CITY ___ (112,500.00) _ _ (.00) (112,500.06) ). TOTAL MUNICIPAL_ EQUITY 13,850,684.98 5, 213,821.21 19,072,506.19 r- :._ "LONG TERM LIABILITIES- NET...OF CURRENT MATURITIES . 1986 BONDS 3,510,000.00 .00 3,_:.,1.0,0_0_0_._00_ - _L __ .__- _ TOTAL LIABILITIES _ . 3,10,000.00 _ .. ___ - .00 _ _ _ - 3,510,000 00 CONSTR CONTRACTS A ACCTS PAY RETAIN - .. _ _ _ _ _ —___ ___ TOTAL CONSTRUCTION A ACCTS FAY .00 __ . 00 __ - - - .00 CURRENT 6 ACCRUED LIABILITIES - ACCOUNTS PAYABLE ____ ___ - _ -540--,-501 .H4 _ 363.390.66 _.._____ 903,99 2.50 - _ INTEREST ACCRUED 61,916.61 .00 61,916.61 ACCT PAYABLE TO ASSOCIATED COMPANY (13,408.83) (.00) (1.3,408.83) ACCRUED PAYROLL _ 17,832.10 3,835.20 _ _ ACCRUED VACATION PAYABLE 77,803.84 16,040.68 93,852.52 CUSTOMER DEPOSITS —. 92,661.64 .00 92,861.64 -' - — _—_—_ _. OTHER CURRENT 6 ACCRUED LIAHILITI F_5 _ - _ 5 ^.03 _ _ __ _ 4.00 "._.___- .— _�.__. 56.03 TOTAL CURRENT 6 ACCRUED LIAR 777,559.23 383,274.54 1,160,833.77 TOTAL MUNICIPAL EQUITY d LIAB 18,146,244.21 5,597,095.75 23,743,339.96 g� 9 ELI. CTNIC DIVISION HUTCHIN'.0N 01 1 S COMMISSION HU7'CI- IIN6(/ *NNESOTA £a ATEMENT OF INCOME 6 EXPENSES MARCH 31, f.YBY w * CURRENT MONTH r 4 F'F,GE S w x YEAF: -TO -BATE: .x + INCOME STATEMENT OF•E V:RTiNG kEVE:A!CIE `:ALES - E.L.ECfT "R].0 ENERC,Y 733,594.24CR 2,195,369,F•6CR NET INCOME FROM OTHER SOURCCS 2,492.02CR 6,730. 1'OCR SECtIkI iY LIGHTS - f.,065,50Ck 3,196_500R POLE F'ENTAL 1,916.25Ck 1, 916.25CR TOTAL OPERAT INC. REVENUE '739, 368, OiCR ._ 207,213.if CR DEPRECIATION "22,500.00 TOTAL OPERATING EXPENSES 632,745.61 1,909,414.12 OPERATING INCOME 106 6..2 .40CR 297,798 .99CR • OTHER INCOME AND DEDUCTIONS .._ _. -- ___ -_.- --__- OTHER MET 735.42 210.20Ck INTEREST INCOME 32,890.83CR 95,7 79.33CR MISC INCOME /EXPENSE 1,081,65CR _ 1,OR6.68CR INTEREST EXPENSE 15,000.00 45,000.00 TOTAL OTHER INCOME AND DEDUCTIONS 18,237.06CR 52,076,23CR NET INCOME 124,859.46CR 349,875.20CR 0 u 11 l OPERATING EXPENSES PRODUCTION OPERATION - 3 37,361.65 1 108,205.10 PRODUCTION MAINTENANCE 2 20,251.58 3 36,61.1.68 PURCHASED POWER 4 426,551.23 1 1,264,097.69 TRANSMISSION OPERATION 7 7.75 _ _.._ ___ _.- _.__..____.___._ _ _ -_ ' -_-__. ___ DISTRIBUTION OPERATION 1 17,216.38 4 45,470.17 DISTRIBUTION MAINTENANCE 6 6,i54.24 _ 27,020.87_ _ CUSTOMER EXPENSES 6 _ _ CUSTOMER SERVICES 1 1,067,96 2 2,643.32 ADMINISTRATIVE 6 GENERAL EXPENSES 5 53,757.65 1 167,743.92 59,500.00 0 u 11 l 4'19189 HI ITCHINSON UTILITIES COMMISSION P(,CE ^_ HUTCHINSON, MINNESOTA GAS DIVISIiIN STATEMENT OF INCOME 6 EXPENSES MARCH 31, 1989 w w CURRENT MONTH • w + + YEAR-TO-DATE w .INCOME STATEMENT ' OF'C. fi'A71 NG REVENUE„ SALES 470,359.8iCR 1,547,734.57CR r FURFEITED DISCOUNT'S 3, 665. _ 'TOTAL OPERATING REVENUE - _ _1_,231.34Cf, - 471, S71.SSCR _ _1.3CR 1, 550, 794.70CR OPERATING EXPENSE MFG GAS PRODUCTION UF£RAT ION -- - 219.22 - - - 759. u3 - -- MFG GAS PRODUCTION MAINTENANCE 25.02 St2.59 PURCHASED GAS EXPENSE 336,795.83_ 1,197,050.58 DISTRIBUTION OPERATION ..16,851.78. .. -46, 199.'­4 DISTRIBUTION MAINTENANCE - 1,606.14 6,133.46 CUSTOMER EXPENSES 4,427_.28 12,724. ^5 CUSTOMER SERVICF_S - 711.97 - - _ _ _ -- -�- 1,762.21 ADMINISTRATION 1. GENERAL- 18,679.67 53,871_26 DEPRECIATION 7,100._00_ .. 1,300.00 -- -- TOTAL OPERATING EXPENSES' _ _ . - 388,416.91 1,344,912.92 - OPERATING INCOME 83,i54.24CR 205,886.76CR j OTHER INCOME AND DEDUCTIONS C OTHER - NET 112.20CR 144.7iCR -:; INTEREST INCOME -- �- �---- ---- -22,099.63CR -------- � - - - - -- --- --� - - - - 63,209.59CR MISC INCOME /EXPENSE 343,95CR 1,i56.65CR TOTAL OTHER INCOME AND DEDUCTIONS 22,555.78CR 64,511.SSCR i NET INCOME 105,7i0.02CR 270,397,93CR 1 : :l t' is l l L i THE HUTCHINSON SAFETY COUNCIL The Hutchinson Safety Council met Fire Hall. There were 12 members the program on hot liquid burns. points were highlighted: A 3rd degree burn can occur Turn down your water heater your water heater setting in 125° F. FOR YOUR INFORMATION March 27, 1989 at 12 noon at the present. George Fields presented A movie was shown and the following in I second at 145° F. to prevent hot liquid burns. Keep the low to medium range at around 407 of the burns found in burn units are hot liquid burns. George will tape the movie to make available to area groups. (Babysitter clubs, home ec classes or family studies classes were some suggestions.) The meeting was called to order by President John Reynolds. The February meeting minutes and Treasurer's report were approved as read. OLD BUSINESS 1. Les Smith will update the Safety Council in April concerning the use of the safety trailer at the County Fair. 2. New member solicitation: The Secretary will locate the form letter to send to potential new members and will bring to the next meeting. It was suggested that we solicit membership from the Hospital, KDUZ, the Hutchinson Leader and area organizations. The Secretary will also write up a press release concerning the Safety Council meeting to try to "market" the Safety Council to potential new members. NEW BUSINESS 1. Randy Exstad stated that Tornado Awareness Week if April 2 -6. The schools will be holding a drill on Thursday, April 6. 2. Les Smith stated that the State Council would attend our May meeting. Because of Memorial Day weekend our May meeting will be held on May 22nd. Carol Buftan from the State Safety Council will present the program. 3. John Reynolds said that several parents had expressed concern regarding a shortage of space on the school buses so that their children were required to stand. Les Linder stated that there is enough space for all the children to sit and if children were standing it was because they didn't want to sit. The meeting was adjourned by motion and seconded. Next meeting will be Monday, April 24 at 12 noon at the Fire Hall. Bernie Knutson from the Civil Air Patrol will present the program. Submitted by Jean Ward, Secretary /Treasurer TREASURER'S REPORT: Checking Balance April 30, 1989 $210.77 Savings Balance April 30, 1989 $169.17 THE HUTCHINSON SAFETY COUNCIL FOR YOUR "NFOR Mq The Hutchinson Safety Council met on Monday, April 24, 1989 at 12 noon /'O�6 at the Fire Hall. There were 11 members present. Bernie Knutson from the Civil Air Patrol spoke about how the Civil Air Patrol can provide support to law enforcement and rescue personnel in the Hutchinson area. The Civil Air Patrol works in the following areas: 1) Civil Defense 2) Emergency services and 3) Cadet Program. The Civil Air Patrol can provide assistance with the following emrgency situations: 1) Chemical spills 2) Medical / Transplants 3) Drowning victims 4) Flooding 5) Aviation training 6) Search and rescue The meeting was called to order by President John Reynolds. The March meeting minutes and Treasurers report were approved as read. OLD BUSINESS 1. Les Smith will update the Safety Council in May concerning the use of the safety trailer at the County Fair. John Reynolds will contact Glen Witte concerning the space. 2. New members: it was suggested that letters be sent to the following: 1) MN Highway Dept. 5) Civil Air Patrol 2) Legion Commander 6) MN Highway Patrol 3) VFW Commander 7) Student Council (High School) 4) Fred Luedke, TPA NEW BUSINESS 1. George Fields suggested that future meetings be held at Park Towers because it is handicapped accessible. There will be further discussion regarding this at the next meeting. 2. There will be no lunch provided at the next meeting. 3. President John Reynolds gave information regarding the Citation Awards program to Jim Haasl. 4. The Hutchinson Safety Council approved unanimously to support the Civil Air Patrol by asking the City Council to provide funds for a hangar at the Hutchinson Airport for storage of the Civil Air Patrol air craft. (George Fields moved that we support the Civil air Patrol in Hutchinson. Grant Knutson seconded and the motion carried unanimously.) The meeting was adjourned by motion and seconded. Next meeting will by Monday, May 22 at 12 noon at the Fire Hall. No lunch will be provided. Submitted by Jean Ward, Secretary /Treasurer TREASURER'S REPORT: Safety vest for Senior Party Checking Balance: $210.77 -24.99 $185.78 Savings Balance: $169.17 is i • E L J FOR YOUR INFORMATIOI PIONEERLAND LIBRARY SYSTEM EXECUTIVE COMMITTEE MEETING April 10, 1989 PRESENT: Steve Boehlke representing Chippewa Cty. Gladys Nelson .1 Lorna Carlson Carol Conradi Judy Oestreich Howard Turck Linda Ulrich David Lauritsen, Chippewa Kathy Matson, Associate Burton Sunberg, Director Ortonville Swift Cty. " Willmar Litchfield " Meeker County " Renville County Library The Executive Committee meeting was called to order at 7:35 PM by Chairman Boehlke. Nelson / Turck moved approval of Secretary's minutes for March 13; carried. Conradi/ Nelson moved acceptance of Treasurer's report; carried. The Financial Report showed that, with a quarter of the year passed, we have spent 26.96% of budget. The auditor's report was distributed and briefly examined. This will be looked at further next month at a full Board meeting. The monthly statistics and Public Library Newsletter were passed around. Mrs. Matson noted the upcoming events for or by PLS staff: April 20 - Adult Program Ideas - Redwood Falls (sponsored by SAMMIE) May 12 - Effective Communication Skills - Willmar Library April 26 - Health Fair - Kandi Mall - The Willmar Library will have a display titled "Children's Health" Nelson / Oestreich moved payment of bills; carried. Concerning Extension of Access implementation, Mr. Sundberg reported he had sent a letter to the Lac Qui Parle Board of Commissioners informing them of the costs involved in joining PLS earlier than January 1990. Also, Mr. Sundberg- and Mrs. Matson will meet with the Clarkfield librarian and Board to answer questions concerning their joining the PLS. Z- Following a discussion dealing with the possibility of pro- rating non - resident fees this last year before Extension of Access goes into effect, a motion was made (Oestreich /Conradi) and carried to request the staff to look at some options and present them at our next meeting. Mrs. Matson gave a Legislative Update reporting that two items currently being dealt with in the Legislature,of interest to libraries,were library funding and tax levy limits. The Family Ties project currently has received $6,500 with which to provide family living materials to selected libraries in our System. Pioneerland Executive Committee Meeting Minutes - April Page 2 A motion was made to authorize a meeting of the Finance committee April 25 at 7 PM (Nelson / Oestreich); passed. Nelson / Oestreich moved the adoption of a mileage rate of 24t /mile as approved by the IRS; carried. A Trustee Workshop, developed by LDS, would be available to PLS. We will look, at this program in more detail at our next full Board meeting which is May 8. Mrs. Matson then shared some of the highlights of the 1988 Annual Report submitted to LDS. The meeting was adjourned. Respectfully submitted, Judy Oestreich, Secretary u 0 0 r1 \J C� HCDC - Board of Directors Wednesday, February 1, 1989 7:00 AM - Chamber Meeting Room MINUTES Directors Present T.A. (Buzz) Burich, Chairman Carol Haukos Phil Graves Jim Bullard Glenn Matejka Meeting was called to order by Chairman Burich. Alu FOR YOUR INFORMATION Others Present John Bernhagen, Exec. Dir. Jeff Green, HTI Motion by Matejka, seconded by Bullard and carried to approve the minutes of February 1, 1989. Motion by Matejka, seconded by Haukos and carried to approve the Treasurer's report. Bernhagen and Bunch reported on information regarding the purchase of the loan on New Dimension Plating, Inc., by the Community Reinvestment Fund, a non - profit corporation. Matejka moved, seconded by Bullard and carried to secure formal documents and have the issue reviewed by the Finance Committee. Jeff Green reported on activities at Hutchinson Technology Inc. (HTI), he indicated that employment will remain at approximately 2,000 employees for the foreseeable future at the Huthinson facility. They have turned down a merger offer, but there are two other companies interested in HTI. The value of HTI is in keeping the company's management, resource and development personnel in place at this location. While the company did show a loss for the previous quarter, they were expecting to show a profit this quarter. Bernhagen reported on a Revolving Loan Fund proposal by other cities in the county. Started primarily by Winsted and Glencoe. Bullard will be attending a meeting on this and reporting back at the next Board meeting. Graves and Bernhagen reported on their presentation to the City Council regarding past accomplish- ments and goals for 1989. There being no further business, meeting adjourned at 8:30 AM. 0 A G E N D A SPECIAL MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, MAY 10, 1989 Jr. /Sr. High School Cafeteria 7:00 P.M. 1. Call to Order 2. PUBLIC HEARINGS: LETTING NO. 5. PROJECT NO. 89 -15 A. Bluff Street Improvements B. Waller Drive Improvements C. Carlisle Street Improvements • Action: Motion to close hearing(s) - Motion to reject - Motion to approve Project No. 89 -15 and call for plans and specifications - Motion to waive readings and adopt Resolutions 3. Adjournment PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, APRIL 27TH, 1989, AND ON THURSDAY, MAY 4TH, 1989. . NOTICE OF HEARING LETTING NO. 5 PROJECT NO. 89 -15 S.A.P. 133 - 104 -03 S.A.P. 133-112 -02 S.A.P. 133 - 121 -01 C.S.A.P. 43- 607 -07 Publication No. 3983 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Hutchinson Jr. /Sr. High School Cafeteria at 7:00 P.H. on the 10th day of May, 1989, to consider the making of an improvement on Bluff Street from T.H. 7 to 2,600' North by the Construction of Grading, Gravel Base, Curb and Gutter, Retaining Wall, Bituminous Surfacing, and Appurtenances; improvement of the Drainage Area Adjacent to Bluff Street from the South Fork of the Crow River to 2,600' North of T.H. 7 by the Construction of Storm Sewer Lines, Manholes, Catch Basins, Lead Lines, and Appurtenances; and Improvement of Certain Areas of Bluff Street, as needed, by the Construction of Sanitary Sewer Mains, Watermains, and Appurtenances; pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. . The estimated City /County /State Cost with an estimated Assessable Cost of of said improvement $361,400.00, for the is $1,319,900.009 Total Estimated Cost of $1,681,300.00 • Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. n(��� Dated: April 25th, 1989 ��,� A ,{�\Ft,O'4 City Admin rator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS REARING, 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, JANUARY 12TH, 1988, AND ON THURSDAY, JANUARY 19TH, 1989. . NOTICE OF HEARING LETTING NO. 5 PROJECT NO. 89 -15 Publication No. 3984 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in Hutchinson Jr. /Sr. High School Cafeteria at 7:00 P.M. on the 10th day of May, 1989, to consider the making of an improvement on Waller Drive from Bluff Street to 800' South and East by the Construction of Bituminous Surfacing and Appurtenances; pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated City Cost of said improvement is $3,100.00, with an estimated $7,200.00 Assessable Cost, for the Total Estimated Cost of #10,300.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: April 25th, 1989 • City —Adml istra • 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. n G'` 23p4p-�56?8 i '97 �.t;,y�Sc9 EY...- er jt� 0 E PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, JANUARY 12TH, 1988, AND ON THURSDAY, JANUARY 19TH, 1989. • NOTICE OF HEARING LETTING NO. 5 PROJECT NO. 89 -15 Publication No. 3985 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in Hutchinson Jr. /Sr. High School Cafeteria at 7 :00 P.H, on the 10th day of Hay, 1989, to consider the making of an improvement of Carlisle Street Area by the Construction of Storm Sewer Lines, Catch Basins, Lead Lines, and Appurtenances; pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated #8 City Cost of said improvement is ;27,250.00, with an estimated ,250.00 Assessable Cost, for the Total Estimated Cost of $35,500.00. Such persons as desire to be heard with reference to the proposed improvement Will be heard at this meeting. Dated: April 25th, 1989 City Addun, • .strat�r E PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHE.MR YOU ARE FOR OR AGAINST THE PROJECT, BETTER INFORMED OF IN ORDER TRAT YOUR COUNCIL CAN BE A TRUE REPRESENTATION OF OPINION. ��.%� .� �- ��- }�� �-,,•� �"`- �J ,:ems -� - `J • o-4 �aj� • �s s L �31� 3q 6 MAY 111£'9 RECEIVED BY • L Ol �' DAVID D. ARNOLD isCHARLES R. CARMICHALL GARF D. -W DOWELL SI "EVEN A. ANDERSON 0' BARRY ANDERSON STEVEN S. HOOF, LAURA H. FRETLIND DAVID A. DRUEG6EMANN JOSEPH M. PAIEMFNT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. M,GEE May 5, 1989 AR'VOLD & MGDOWELL ATTORNEYS AT LAW 101 PART{ PLACE HCTGHINSON, MINNESOTA 55350 (612) 587 -7575 TELECOPIER(612)587 -40D,f Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 RESIDENT ATTORNEY 0. BARRY ANDERSON Re: Connection Charges Our File NO. 3188 -87 -0001 Dear Gary: OF 11011,\ I WILLIAM W. CAMERON PAUL D. DOVE 5881 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 5.5420 (61 2) 545 -9000 MN TOLL FREE 600-04J -4545 T£LEGOPIER (612) 545 -1790 502 SOUTH FOURTH STREET PRINCETON, MISNESOTA 55371 (61'2)369 -2214 TELECOPI£R(6l ?)3BG -5506 RR pp 9� FOR YOUR INFORMATION • It is my understanding that in view of the upcoming Bluff Street hearing, Marlow has requested that the subject of connection charges be deferred to the last meeting in May. I concur with his suggestion. In that regard, and as additional reading material for the Council, I am providing a copy of my letter to you of April 12, 1988 which summarized our position on the subject of connection charges. I suggest this information be provided to the Council for their review as they are considering this subject. If you have any questions with regard to this matter, do not hesitate to contact me. Thank vou. Very truly yours, G. (Barry Anderson GBA:lm • DAVID E. ARNOLD CHARLES R. CARMICHAEL MICHAEL B. LRBARON GARY D. WDOWELL PAYE RNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOOF CHARLES L. NAII. JR. ]AURA R. FRETLAND DAVID A. BRUEOOEMANN JOSEPH M. PAIEMENT JAMES UTLEY April 12, 1988 ARNOLD & MCDOWELL AT oRNEYs AT LAW lot PARR PLACE HUTCHINSON. MINNESOTA 68880 (812) 887 -7373 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Deferred Assessments and Other Assessment Problems Our File No. 3188 -87 -0019 and Our File No. 3188 -87 -0050 Dear Gary: 5881 CEDAR TARE ROAD MINNEAPOLISo MINNESOTA 66416 (e12) 616.0000 MN TOLL FREE 800. 040.4646 601 SOUTH FOURTH STREET PRINCETON. MINNESOTA 66071 (ei2)060 -2214 This letter will be a follow up to prior communication on the sub- ject of deferred assessments and specifically on the Twin Oaks assessment problem. We have spent a considerable amount of time over the course of the last month investigating the question of whether or not the City may have other avenues available to it for reimbursement for expenses incurred in the 1970 improvement project which resulted in installa- tion of storm sewer service. Our conclusion is in the affirmative with the caveat that there is not a great deal of law on this subject. We also conclude that it is appropriate for the City to proceed in an effort to collect some of the past cost incurred in installing the project. There are at least two methods by which recovery could be made. First, Minnesota Statute Section 429.051 states as follows: "The municipality may subsequently reimburse itself for all or any of the portion of the cost of a water, storm sewer, or sanitary sewer improvement so paid by levying additional u • • 0 Mr. Gary D. Plotz April 12, 1989 Page 2 assessments upon any properties abutting on but not previously assessed for the improvement, on notice and herein is provided for the assessments initially made..." The current owner of the property has never been assessed for the storm sewer project and thus application of this provision is appropriate. Further, there has never been an assessment levied against this property since the only reference to an assessment was a deferred assessment which was never imposed on the property pur- suant to Chapter 429 of Minnesota Statutes. Any assessment under this provision is subject to the typical rules of governing special assessments such as a requirement that benefit to the property owner exceed the amount accessed in terms of market value. Anderson vs. City of Bemid'i, 295 N.W. 2d, 555 (Minn. 1980). In addit on, t e City s presumed to have established the special • assessment legally until the contrary is established. Carlson -Long Realty Company vs. City of Windom, 240 N.W. 2d, 517 (Minn. 1976). 40 It is interesting to note that in this case the recovery of past cost will result in a smaller figure than the original assessment which will, of course, make proving benefit significantly easier. The second avenue for collection of these costs and expenses is the imposition of use, availability and /or connection charges. The City of Hutchinson does have an ordinance that governs this subject which is identified as Section 280.20 "Connections of Sewer and Water Mains to Lands Not Assessed for Cost of Construction." That ordi- nance specifically provides that no person in possession of property fronting a sewer or water main shall connect with the same or any other public sewer or water main unless: I. The property to be benefited has been assessed; 2. The person owning the property shall first pay into the treasury a sum of money calculated on a per foot basis as was assessed against other property owners, together with interest from the date of construction to date of payment, providing that the amount shall in no case exceed the cost of constructing a six inch sewer or water main in front of the property at the time of connection. Mr. Gary D. Plotz April 12, 1988 Page 3 This would appear to be a connection charge. Connection charges are specifically authorized by Minn. Stat. Section 444.075(3) which pro- vides as follows: "Charges for connection to the facilities may in the discre- tion of the governing body be fixed by reference to the por- tion of the cost thereof which has been paid by assessment of the premises to be connected in comparison with other Fremi- ses, as well as the cost of making or supervising the connection." There is some case law upholding validity of such connection charges. See, for example, Crown Cor and Seal Com an Inc. vs. City of Lakeville, 313 N.W. 2 , 196 (M nn. 1981); Nor 'g vs. C of Maplewood, 326 N.W. 2d, 640 (Minn. 1982). At this point I would recommend attempting to collect past costs associated with the construction of this improvement from the current owner of the property or in the alternative to assess a con- • nection fee pursuant to Section 280 of the Hutchinson Municipal Ordinances. Although it may not strictly be required, I believe a due process hearing in the nature of an assessment hearing should be held regardless of which alternative is selected and I think this is particularly true in view of the amount of money involved in the dispute. I hope this is responsive to your inquiry. Thank you. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm 9 • TUESDAY, MAY 23, 1989 INTERVIEW SCHEDULE ARCHITECTURAL /ENGINEERING SERVICES FOR REMODELING AND /OR REPLACEMENT OF CITY HALL 4:30 P.M. - SHORT - ELLIOTT- HENDRICKSON, INC. St. Paul, Minnesota 5:00 P.M. - BOARMAN & ASSOCIATES Minneapolis, Minnesota 5:30 P.M. - PAULY OLSEN BETTENDORF EASTWOOD & ASSOC. 0 St. Cloud, Minnesota •