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HomeMy WebLinkAbout04-17-78 245 Hastings, Mirmesota April 17, 1978 The City Council of the City of Hastings, Mirmesota met in a regular meeting on Monday, April 17, 1978 at 7: 30 P.M. in the C01.mcil Chambers of the City Hall. Sharmon Trautmarm, Fischer, Erickson, Trutna, Novak, Karnick, Collins, and tvfayor Petersen. . Members absent: None. Members present: - The minutes of the meeting of April 3, 1978 were approved with the following correction. In the first recommendation of the policy adopted by the Council regarding Dutch Elm Disease Control, wherever the word ''homeowner'' is stated it shall be replaced by "property owner", also the phrase "Le. Cemetary, etc." shall be omitted. RESOLUTION #160-78 AWARD BID AMBULANCE FIRE DEPARTMENr Moved by Councilman Erickson, seconded by Councilman KaOOck to adopt the resolution awarding the bid for the ambu- lance to Superior Coach Sales, Burnsville, Mirmesota at the bid price of $12,982.00. Ayes, 8; Nayes, none. The Mayor opened the public hearing on the proposed PUBLIC HEARING bridge construction and roadway improvements on Pleasant Drive PLEASANT AVE. BRIDGE from 23rd Street to C.S.A.H. No. 47 at 7:34 P.M. The City Administrator read into the record the legal notices of the hearing. The Mayor then asked the City Engineer to explain the project to the audience. There were many comments and questions from concerned citizens. The following people opposed the project and requested their objection be noted in the record. Allen Meier, 1401 W. 17th Street; Willard Bauer); owner of property in the area; Rodney Van VIeet, 1326 W. 19th Street; Michael Harriage, 2504 Old Bridge Lane. After the Mayor had given everyone the opportunity to be heard in regard to the project, closed the Hearing at 8:09 p.m. A complete transcript of the hearing is on record in the office of the City Engineer. -- Moved by COlD1cilman Sharmon, to approve the Pleasant Ave. Bridge project lD1der Alternate II, that being the standard state aid policy of 50% from state aid and 50% assessed. Motion died for lack of a second. APPROVE PLEASANT AVE. BRIDGE PROJECT WIrn ALTERNATE II FAILS Moved by ColD1cilman Trautmarm, seconded by Councilman APPROVE PLEASANI' AVE Fischer to approve the Pleasant Ave. Bridge Project with AlternateBRIDGE PROJECT WIrn 1. A copy of Alternate I is on record in the office of the City ALTERNATE I Engineer. Ayes, 7; Nayes, Karnick. Motion carried. The Mayor opened the public hearing on the East lOth Street Sanitary Sewer and Roadway Improvements at 8: 20 p.m. The City Administrator read into the record the legal notices of the hearing. The City Engineer gave a brief explanation of the project. The Mayor asked for cOlIllIlents or questions from the citizens present. There were IJC( objections to the construction. The Mayor closed the hearing at,8~35 p.m. Moved by Councilman Erickson, seconded by Councilman KaOOd to approve the lOth Street Sanitary Sewer and Street Improvements including necessary utilities and roadway improve- ments on adjacent Progress Drive. Ayes, 8; Nayes, none. The Mayor opened the public hearing on the South Frontage Road Improvement west of Pine Street at 8: 37 p.m. The Administrator read into the record the legal notices oovering the hearing. The City Engineer reported to the C01.U1cil that in developing the feasibility report, a conclusion has been reached to recommend deletion of this project from the 1978 program and refer the matter to staff for further study. Staff should once again instigate discussions with MN/DOT and include this portion of the South Frontage Road into the broader picture of T .H. SS from City limits to T .H. 61. There being no further conments, the Mayor closed the hearing at 8:45 p.m. PUBLIC HEARING lOrn STREET IMPROVEMENfS APPROVE lOrn STREET IMPROVEMENTS /) . - / If' J?-7-7/C ..~~ ~/~1:5~ PUBLIC HEARING sourn FRONTAGE ROAD ---- 246 DELETE SOUill FRONTAGE Moved by COtn'lcilman Novak, seconded by COtn'lcilman ROAD PROJECT Trautmann to accept the recommendation of the City Engineer in regard to the South Frontage Road Improvement and delete this project from the 1978 program and refer it back to Staff for further study. Ayes, 8; Nayes, none. APPROVE OLIVE STREET Moved by Cotn'lcilman Trutna, seconded by Cotn'lcilman PROJECT Novak to accept and approve the project: Olive Street from 1st to 2nd Street, Sanitary Sewer and Watennain. This item was carried over from the meeting of 4/3/78. Ayes, 8; Nayes, none. APPROVE HOME OCCUPATION M:>ved by COtn'lcilman Novak, seconded by COtn'lcilman PERMIT R. JUNKMAN Fischer to approve a Home Occupation permit for Mrs. Ramona Junkman, 1000 West 1st Street, to conduct an Electro.lysis Service in her home. Ayes, 8; Nayes, none. APPROVE VARIANCE MILTON TERRELL APPROVE TRANSFER OF LIQUOR LICENSE FINAL READING ORD. '89 SEC. SER. WHISPERING OAKS PHASE II PLAT REFERRED TO PLANNING aMvllSSION APPROVE VAlIANCE J..ST NATIONAL BANK APPROVE FINAL PLAT VALLEY WEST ADDITION ACCEPT GIFT FRCM RIrnARD DARSOW FOR REFORESTATION ARBOR DAY 4/28/78 PARATRANSIT PROPOSAL REPORT Moved by Councilman Fischer, seconded by COtn'lcilman Trautmann to approve a variance from the rear setback require- ments to construct a garage, to Milton Terrell, 517 Ramsey St. Ayes, 8; Nayes, none. Moved by Cot.n1cilman Erickson, seconded by COt.n1cilman Collins to approve the transfer of the On-Sale and On-Sale Stn'lday liquor license issued to William Carlson, dba: Ivanhoes, 314 Vermillion Street, Has tings, to: Mickart, Inc. (Michael Ellis and Art Siebenaler) dba: Ivanhoe's, effective May 1, 1978. Ayes, 8; Nayes, none. Moved by Cotn'lcilman Novak, seconded by COtmcilman Shannon to pass the third and final reading of the Amendments to the Sign Ordinance (Section 10.07 , Subdivision 3) regarding Billboards. Ayes, 8; Nayes, none. Moved by Cotn'lcilman Karnick, seconded by C01Dl.cilman Collins that the Preliminary Plat of Whispering Oaks Phase II be referred to the Planning Canmission for their review of items not previously covered, as per Staff~recommendation. Ayes, 8; Nayes, none. Moved by COtn'lcilman Shannon, seconded by COtn'lcilman Trautmann to approve the variance on the width of the driveway for the 1st National Bank drive-in facility. Ayes, 8; Nayes, none. M:>ved by COt.n1cilman Trautmann, seaoruied by COtn'lcilman Novak to approve the final plat of Valley West Addition subject to the surveyor indicating individual lot areas, total plat area, payment of park dedicacion, and interceptor sewer fees, and the execution of a legal document regarding the job in the right-of-way and utility easement. Ayes, 8; Nayes, none. The Richard Darsow family presented the City Parks Department a gift of $500.00, in memory of their daughter,Pau1a, for reforestation at Roadside Park. t.bved by Councilman Fischer, seconded by COt.n1cilman Trautmann to accept thisiiit. On behalf of the City the Mayor expressed his thanks and appreciation for the gift. Ayes, 8; Nayes, none. Moved by C01Dl.cilman Erickson, seconded by COt.n1cilman Fischer to adopt the resolution proclaiming April 28, 1978 as "Arbor Day" and the month of May as "Arbor M:>nth" in the City of Hastings. Ayes, 8; Nayes, none. The City Administrator reported that the Paratransit Proposal has been reviewed by both the MI'C and the Metropolitan Council. The next step is to complete the final application with the Minnesota Department of Transportation which he will be doing this next week. (----- I i i I I '-,-- I I r ----- - I kn ~_I J I ~\ I ,..-- The Corps of Engineers Vennillion River Recreation Area Project was discussed by the Council. The Council felt that due to the many other obligations the City has, such as Lake Rebecca, etc., they would not participate in this project. M:>ved by Councilman Fischer, seconded by Councilman Erickson to notify the Corps of Engineers that the City will not parti- cipate in the Vennillion River Recreation Area Project. Ayes, 8; Nayes, none. The Four Diamonds lease proposal for ball parks was held over to the meeting of April 24, 1978. M:7ved by Councilman Shannon, seconded by Councilman Erickson to approve the issuance of a 3.2 On-Sale Beer License for Gordon D. Daggett, 10175 Lock Blvd., Hastings, dba: Boca Chica Taco House South, 122 W. Third Street,IJiastings, Mn. Ayes, 8; Nayes, none. 247 VERMILLION RIVER RECREATION PROJECT ABANDONED LEASE PROPOSAL TABLED TO 4/24/78 APPROVE 3. 2 BEER LICENSE G. DAGGETT Moved by Councilman Trutna, seconded by Councilman LAND SALE IND. PARK Trautmann to approve the sale of two parcels of land in the MICHAEL O'CONNOR Hastings Industrial Park #1, to Michael O'Connor, legally described as follows: That part of gutlot A, Com. at the S. E. corner of said Outlot A; thence N 89 33' 00" W, assumed bearing, along the south line of said Outlot A, a distance of 63.30 feet So the point of beginning of the land to be described; thence N 89 33' 00" W along said ssuth line of Outlot A, a distance of 300.00 feet; thence N 0 27' 00" E a distance of 320.00 feet, thence S 430 26' 00" E a distance of 534.60 feet to the point of beginning. Containing 1. 08 acres more or less. Purchase price of $10,800.00, earnest money in the amount of $500.00 and the balance of $10,300.00 on the day of closing. The second parcel is legally described as follows: That part of Outlst A, cOJllIlencing at the S.E. corner of said Outlot A; thence N 89 33' 00" W assumed bearing, along the south line of said Outlot A, a distance of 363.30 feet toothe point of beginning of the land to be described; thence N 89 33' 00" E alongosaid south line of Outlot A, a distance of l85.000feet; thence N 0 27' 00" E a distance of 480.65 fest; thence S 49 45' 00" E a distance of 148.93 feet, thence S 0 27' 00" W a distance of 320.00 feet to the beginning, containing 1.7 acres more or less. Purchase price of $17,000.00, earnest money in the amount of $500.00 and $1,200.00 additional payment on April 18, 1978, the balance of $15,300.00 plus interest from date of closing at the rate of 8% per annum will be paid pursuant to the terms of the Contract for Deed executed by the parties at closing, providing as follows: Interest from date of said contract on declining balances shall accrue at the rate of 8% per aIU1l..nn, Principal and interest shall be paid in monthly install- ments of $479.46 each, the first payment due on day of closing and each month thereafter with any balance due three (3) years from date of said contract. Ayes, 8; Nayes, none. rooved by Councilman Trautmann, seconded by Councilman Kamick to authorize the advertisement for one squad car for the Police Department. Bids to be opened at 11:00 a.m. on May 15, 1978 and considered for award at the Council meeting of May 15, 1978. Ayes, 8; Nayes, none. The request for a name change on the liquor license for the Downtowner, Inc. was held over. The approval of the By-laws for the Fire Department was held over to a later date. Moved by Councilman Fischer, seconded by Councilman Erickson to authorize the City Administrator to advertise for a full-time employee for the Parks Department to fill the vacancy in that Department. Ayes, 8; Nayes, none. AlITHORIZE ADVERTISE SQUAD CAR NAME mANGE ON LIQUOR LICENSE HELD OVER APPROVAL OF BY -lAWS FIRE DEPT HELD OVER ADVERTISE FOR PARK DEPARTMENT EMPLOYEE 248 DALE JOONSON RESIGNS PLANNING COMNITSSION APPROVE CONSENT AGENDA ACKNOWLEDGE VOLUNTEER MEMBERS OF CITY COMvl. RESOLUTION #161-78 BOND SALE 1978 IMPROVEMENTS Moved by COlUlcilman Erickson, seconded by COlUlcilman Fischer to accept the resignation of Dale Jomson, 1901 Manor Lane, from the Plamring Conunission, effective April 17, 1978. Ayes, 8; Nayes, none. Moved by COlUlcilman Novak, seconded by COlUlcilman Erickson to approve the following items on the Consent Agenda. Ayes, 8; Nayes, none. a) Renew Gas Fitter License for 0' Cormor- Kranz Co. b) Pay all bills as audited. Moved by COlUlcilman Novak, seconded by COlUlci1man Sharmon that the volunteer members of the various Committees and Conunissions of the City be acknowledged for their faithful service during VollUlteer Week. Ayes., 8; Nayes, none. Natural Resources Commission Housing & Redevelopment Comm. Plarming Commission Charter Commission Library Board Board of Appeals Historical Preservation Cornm. Civil Service Commission Industrial Park Advisory Board Transportation Advisory Comm. VollUlteer Firemen Police Reserve [-1 Councilman Novak introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC SALE OF $920,000 GENERAL\DBLIGATION IMPROVEMENT BONDS OF 1978 SERIES A BE IT RESOLVED by the City COlUlcil of the City of Hastings, Mirmesota as follows: 1. I t is hereby fOlUld, determined and declared that this City should issue $920,000 General Obligation Improvement Bonds of 1978, Series A, to defray the expense of various improvements in the City. 2. This COlUlcil shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $920,000 General Obligation Imrpovement Bonds of 1978, Series A, of the City. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspapaerof the City and in Conmer- cial West not less than ten days in advance of date of sale, as provided by law, which notice shall be substantially the form set forth in Exhibit A attached hereto. lJ 4. The terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. The motion for the adoption of the foregoing resolution was duly seconded by COlUlcilman Sharmon and upon a vote being taken thereon, the following voted in favor thereof: All members, and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. ,..----,,\ I . I I l_J 249 NanCE OF BOND SALE $920,000 CIIT OF HASTINGS WASHINGTON AND DAKarA COUNTIES ~IINNEsarA GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978, SERlES A EXHIBIT A ,-- These bonds will be offered Monday, May 22, 1978, at 5:00 o'clock P.M., Central Time, at the City Hall, in Hastings, Minnesota. The bonds will be dated June 1, 1978, and interest will be payable August 1, 1979 and semiannually thereafter. The bonds will be general obligations of the Issuer for which its unlimited taxing powers will be pledged. The bonds will mature without right of redemption, on February 1 in the years and amounts as follows: 1981 $100,000 1982 $110,000 1983-1988 $100,000 1989 $110,000 All dates are inclusive. Sealed bids for not less than par and accrued interest on the principal sum of $920,000 will be accepted. No rate of interest nor the net effective average rate of the issue may exceed 7% per annum. An acceptable approving legal opinion will be furnished by Briggs and Morgan, Professions1 Associa- tion, of St. Paul, Minnesota. The proceeds will be used to construct various improvements in the City. Dated: April 17, 1978 BY ORDER OF 1HE CIIT COUNCIL /s/ Wallace H. Erickson Clty Clerk OFFICIAL TERMS OF BOND SALE $920,000 CIIT OF HASTINGS (WASHINGTON AND DAKarA COUNTIES) MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978, SERIES A EXHIBIT B These Bonds will be offered Monday, May 22, 1978. Bids will be opened and acted upon at 5:00 o'clock P.M., Central Time, at the City Hall, in Hastings, Minnesota. The bonds will be offered upon the following tenns: DATE AND INTEREST PAY1v1ENTS OF 1HE BONDS The Bonds will be dated June 1, 1978 and will bear interest payable on each August 1 and February 1, to maturity, conunencing August 1, 1979. TIPE AND PURPOSE OF 1HE BONDS The Bonds will be general obligations of the Issuer for which its full faith and credi t and unlimited taxing powers will be pledged in addition to special assess- ments acticipated to be in the amount of approximately $920,000 to be levied against benefitted property. The Bonds will be in bearer forn with interest coupons attached and will be in the denomination of $5,000 each. The proceeds will be used to construct various improvements. MAWRITIES AND REDEMPTION The Bonds will mature February 1, in the years and amounts as follows: 1981 $100,000 1982 $110,000 1983-1988 $100,000 1989 $110,000 All dates are inclusive. All Bonds will be without right of prior redemption. 250 PAYING AGENT The Purchaser may, wi thin 48 hours after the sale, name the Paying Agent for whose Services the Issuer will pay customary and reasonable fees. Ai. alternate Paying Agent may also be named provided that there is no additional cost to the Issuer by reason thereof. CUSIP NUMBERS It is anticipated that if the Bonds qualify for assignment of CUSIP numbers such CUSIP m.unbers will be printed on the Bonds at the Issuer's expense, but neither the failure to print such number on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the Purchaser to [--.'. 'I, accept delivery of the Bonds. The CUSIP Service Bureau charge for the assign- ment of CUSIP identification m.unbers shall be paid for by the Purchaser. SETTLEMENT The Bonds shall be delivered without cost to the Purchaser at a place 11D.ltually satisfactory to the Issuer and Purchaser wi thin 40 days following the date of their award. Delivery will be subject to receipt by the Purchaser of an approving legal opiniomLof Briggs and Morgan, Professional Association, of St. Paul, Mirmesota, which opinion will be printed upon the Bonds, and of cus- tomary closing papers, including a non-litigation statement. Payment for the Bonds IIU1St be made by the Purchaser in Federal, or equivalent ftmds on the day of settlement ina timely marmer so as to be available to the Issuer on said day. At settlement, the Purchaser will be furnished with a certificate signed by appropriate officers of the Issuer on behalf of the Issuer to the effect that the official statement prepared for the Issue did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. One copy of the Official Statement will be furnished without cost to any inter- ested party upon request. Additional copies of the Official Statement will be furnished without <<10 the Purchaser upon request in reasonable quantity within a reasonable time of such request. TIPE OF BID Sealed bids for not less than par and accrued interest on the total principal amount of the Bonds and a certified or cashier's check in the amount of $9,200, payable to the order of the Treasurer of the Issuer, IIU1St be filed with the tmdersigned prior to time of sale. No bids will be considered which are not accompanied by the required certified or cashier's check. The certified or cashier's check of the Purchaser will be retained by the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid may be withdrawn until the conclusion of the meeting of the Issuer at which bids are to be acted upon. RATES Bidders IIU1St specify not more than five rates, none of which may exceed 7% per a1l1l1.un. All bonds of the same maturity nD.1St bear a single rate from date of issue to maturity. No rate may exceed the rate specified for any subsequent maturi ty . Additional coupons may not be used. AWARD Award will be made on the basis of lowest dollar interest cost determined by the deduction of any premium from the total interest on all Bonds from their date to their stated maturity as computed on the basis of the schedule of bond years in the Official Statement published for the Bonds. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated April 17, 1978 BY ORDER OF TIm CIIT COUNCIL /s/ Wallace H. Erickson City Clerk c r---, I I LJ 251 Councilman Trutna introduced the following resolution and moved its adoption: RESOLUTION #162-78 TAX INCREMENr BOND SALE RESOLUTION PROVIDING FOR PUBLIC SALE OF $100,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1978 BE IT RESOLVED by the City Cotmci1 of the City of Hastings, Minnesota as follows: 1. I t is hereby found, determined and declared that this City should issue $100,000 General Obligation Tax Increment Bonds of 1978 to defray the expense of the acquisition and betterment of real and personal property needed to carry out the development program together with all relocation costs incidental thereto. 2. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $100,000 General Obligation Tax Increment Bonds of 1978 of said City. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Commercial West not less than ten days in advance of date of sale, as pro- vided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. The terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sales" attached hereto as Exhibit B and incorporated herein by reference~ The motion for the adoption of the foregoing resolution was duly seconded by Councilman Erickson and upon a vote taken thereon, the following voted in favor thereof: All members. And the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. NOTICE OF BOND SALE EXHIBIT A $100,000 CITY OF HASTINGS WASHINGTON AND DAKOTA COUNTIES MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS OF 1978 These bonds will be offered M:>nday, May 22, 1978, at 5: 00 0' clock P.M., Central Time, at the City Hall, in Hastings, Minnesota. The bonds will be dated June 1, 1978 and interest will be payable August 1, 1979 and semiannually thereafter. The bonds will be general obligations of the Issuer for which its unlimited taxing powers will be pledged. The bonds will mature without right of redemption on February 1 in the years and amounts as follows: 1980-1989 $10,000 A$l dates are inclusive. Sealed bids for not less than par and accrued interest on the principal sum of $100,000 will be accepted. No rate of interest nor the net effec- tive average rate of the issue may exceed 7% per annum. An acceptable approving legal opinion will be furnished by Briggs and Morgan, Profess- ional Association, of St. Paul, Minnesota. The proceeds will be used for the acquisition and betterment of real and personal property needed to carry out the development program together with all relocation costs in- cidental thereto. Dated: April 17, 1978 BY ORDER OF TIm CITY COUNCIL /s/ Wallace H. Erickson Cl.ty Clerk 252 OFFICIAL TERMS OF BOND SALE $100,000 CITY Of HASTINGS. (WASHINGTON AND DAKOTA COUNTIES) MINNESOTA GENERAL OBLIGATION TAX INCREMENr BONDS OF 1978 EXHIBIT B These Bonds will be offered M>nday, May 22, 1978. Bids will be opened and acted upon at 5:00 o'clock P.M., Central Time, at the City Hall, in Hastings, Mirmesota. The Bonds will be offered upon the following terms: DATE AND INTEREST PAYlvIENf OF 1HE BONDS r- -, I The Bonds will be dated June 1, 1978 and will bear interest payable on each August 1 and February 1, to maturity, conmencing August 1, 1979. 1YPE.AND PURPOSE OF 1HE BONDS ''-- The Bonds will be general obligations of the Issuer for which its full faith and credit and unlimited taxing powers will be pledged in addition to tax increments derived from the downtown redevelopment project of the City. The Bonds will be in bearer form with interest coupons attached and will be in the denomination of $5,000 each. The proceeds will be used for the acquis- i tion and betterment of real and personal property needed to carry out the redevelopment program together with all relocation costs incidental thereto. MATIJRITIES AND REDEMPTION The Bonds will mature February I, in the years and amounts as follows: 1980-1989 $10,000 All dates are inclusive. All Bonds will be without right of prior redemption. PAYING AGENT I L"I The Purchaser may, wi thin 48 hours after the sale, name the Paying Agent for whose services the Issuer will pay customary and reasonable fees. 1m alternate Paying Agent may also be named provided that there is no additional cost to the Issuer by reason thereof. CUSIP NUMBERS It is anticipated that if the Bonds qualify for assignment of CUSlP numbers such CUSIP numbers will be printed on the Bonds at the Issuer's expense, but nei ther the failure to print such m.unber on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid for by the Purchaser. SETTLEMENT The Bonds shall be delivered without cost to the Purchaser at '8. place nnltually satisfactory to the Issuer and the Purchaser within 40 days following the date of their award. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Briggs and Morgan, Professional Association of St. Paul, Mirmesota, which opinion will be printed upon the Bonds, and of customary closing papers, including a non-litigation statement. Payment for the Bonds nnlSt be made by the Purchaser in Federal, or equivalent funds on the day of settlement in a timely marmer so as to be available to the Issuer on said day. At settlement, the Purchaser will be furnished with a certificate signed by appropriate officers of the Issuer on behalf of the Issuer to the effect that the Official Statement prepared for the Issue did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the cirCllI1Stances under which they were made, not misleading. 253 One copy of the Official Statement will be furnished without cost to any interest party upon request. Additional copies of the Official Statement will be furnished without cost to the Purchaser upon request in reasonable quantity within a reasonable time of such request. TYPE OF BID Sealed bids for not less than par and accrued interest on the total principal amount of the Bonds and a certified or cashier's check in the amount of $1,000, payable to the order of the Treasurer of the Issuer, TIUlSt be filed with the undersigned prior to time of sale. No bids will be considered which are not accompanied by the required certified or cashier's check. The certified or cashier's check of the Purchaser will be retained by the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid may be withdrawn until the conclusion of the meeting of the Issuer at which bids are to be acted upon. RATES Bidders TIUlSt specify not more than five rates, none of which may exceed 7% per annum. All Bonds of the same maturity TIUlSt bear a single rate from date of issue to maturity. No rate may exceed the rate specified for any subse- quent maturity. Additional coupons may not be used. AWARD Award will be made on the basis of lowest dollar interest cost determined by the deduction of any premium from the total interest on all Bonds from their date to their stated maturity as computed on the basis of the schedule of bond years in the OIfiicial Statement"published for the Bonds. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated April 17, 1978 BY ORDER OF 1HE CIIT COUNCIL /s/ Wallace H. Erickson City Clerk Councilman Trautma.ml introduced the following resolution and moved its adoption: RESOLUTION #163-78 LAKE REBECCA PROJECT BOND SALE RESOLUTION PROVIDING FOR PUBLIC SALE OF $140,000 GENERAL OBLIGATION BONDS OF 1978 BE IT RESOLVED BY 1HE City Council of the City of Hastings, Minnesota, as follows: 1. It is hereby found, determined and declared that this City should issue $140,000 General Obligation Bonds of 1978 to defray the expense of park imptovements in the City. 2. This Council shall meet at the time and plate specified in the fom of notice hereinafter contained for the purpose of opening and consider- ing sealed bids for, and awarding the sale of $140,000 General Obligation Bonds of 1978 of said City. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Conunercial West not less than ten days in advance of the date of sale, as provided by law, which notice shall be in substantially the fom set forth in Exhibit A attached hereto. 4. The terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Fischer and upon a vote being taken thereon, the following voted in favor thereof: All members, and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. 254 NOTICE OF BOND SALE EXHIBIT A $140,000 CIIT OF HASTINGS COUNI'IES OF WASHINGI'ON AND DAKOTA MINNESOTA These bonds will be offered J.Dnday, May 22, 1978, at 5: 00 0' clock P.M., Central Time, at the City Hall in Hastings, Minnesota. The bonds will be dated June 1, 1978 and interest will be payable August 1, 1979 and semi- annually thereafter. The bonds will be general obligations of the Issuer for which its unlimited tanng powers will be pledged. The bonds will (__' mature, without right of redemption, on February 1 in the years and amounts I as follows: \ ' 1981 1982 1983 1984 1985 1986 $10,000 1987 $10,000 1988 $10,000 1989 $10,000 ~990 $10,000 1991 $10,000 1992 All dates are inclusive. $10,000 $10,000 $15,000 $15,000 $15,000 $15,000 Sealed bids for not less than $138,000 and accrued interest on the principal sum of $140,000 will be accepted. No rate of interest nor the net effective average rate of the issue may exceed 7% per annum. An acceptable approving legal opinion will be furnished by Briggs and Morgan, Professional Associa- tion, of St. Paul, Minnesota. The proceeds will be used for park improve- ments in the City. Dated: April 17, 1978 BY ORDER OF 'IHE CIIT COUNCIL /s/ Wallace H. Erickson City Clerk OFFICIAL TE~ OF BOND SALE $140,000 CIIT OF HASTINGS COUMrIEB OF WASHINGI'ON AND DAKOTA MINNESOTA GENERAL OBLIGATION BONDS OF 1978 EXHIBIT B r~ i ! These Bonds will be offered Monday, May 22, 1978. Bids will be opened and acted upon at 5:00 o'clock P.M., Central Time, at the City Hall, in Hastings, Minnesota. The Bonds will be offered upon the following terms: DATE AND INfEREST PAYMENTS OF 'IHE BONDS The Bonds will be dated June 1, 1978 and will bear interest payable on each Sugust 1 and February I, to maturity, comnencing August 1, 1979 TYPE AND PURPOSE OF 'IHE BONDS The Bonds will be general obligations of the Issuer for which its full faith and credit and unlimited taxing pgwers will be pledged. The Bonds will be in bearer fonn with interest coupons attached and will be in the denomination of $5,000 each. The proceeds will be used for park improve~nts in the City. MA'TIJRITIESAND REDEMPTION The Bonds will mature February 1, in the years and amounts as follows: 1981 $10,000 1987 $10,000 1982 $10,000 1988 $10,000 1983 $10,000 1989 $15,000 1984 $10,000 1990 $15,000 1985 $10,000 1991 $15,000 1986 $10,000 1992 $15,000 All dates are inclusive. All Bonds will be without right of prior redemption. I I " , I, 255 PAYING AGENT The Purchaser may, wi thin 48 hours after the sale, name the Paying Agent for whose services the Issuer will pay customary and reasonable fees. An alternate Paying Agent may also be named provided that there is no additional cost to the Issuer by reason thereof. CUSIP NUMBERS It is anticipated that if the Bonds qualify for assignment of CUSIP numbers such CUSIP numbers will be printed on the Bonds at the Issuer's expense, but neither the failure to print such number on any Bond nor any error with re- spect thereto shall constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The a.JSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid for by the Purchaser. SETILfl.ffiNT The Bonds shall be delivered without cost to the Purchaser at a place mutually satisfactory to the Issuer and the Purchaser within 40 days following the date of their award. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Briggs and Morgan, Professional Association of St. Paul, Minnesota, which opinion will be printed upon the Bonds, and of customary closing papers, including a non-litigatiQ,11 statement. Payment for the Bonds must be made by the Purchaser in Federal, or equivalent funds on the day of settlement in a timely manner so as to be available to the Issuer on said day. At settlement, the Purchaser will be furnished with a certificate signed by appropriate officers of the Issuer on behalf of the Issuer to the effect that the Official Statement prepared for the Issue did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. One copy of the Official Statement will be furnished without cost to any in- terested party upon request. Additional copies of the Official Statement will be furnished without cost to the Purchaser upon request in reasonable quantity within a reasonable time of such request. TIPE OF BID Sealed bids for not less than $138,000 and accrued interest on the total principal amount of the Bonds and a certified or cashier's check in the amount of $1,400, payable to the order of the Treasurer of the Issuer, must be filed with the undersigned prior to time of sale. No bids will be considered which are not accompanied by the required certified or cashier's check. The certified or cashier's check of the Purchaser will be retained by the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid may be withdrawn until the conclusion of the meeting of the Issuer at which bids are to be acted upon. RATES Bidders must specify not more than five rates, none of which may exceed 7% per annum. All Bonds of the same maturity must bear a single rate from date of issue to maturity. No rate may exceed the rate specified for any subsequent maturity. Addi tional coupons may not be used. AWARD Award will be made on the basis of lowest dollar interest cost determined by the addition of any discount to the total interest on all Bonds from their date to their stated maturity as computed on the basis of the schedule of bond years in the Official Statement published for the Bonds. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated: April 17, 1978 BY ORDER OF 1HE CITI COUNCIL /s/ W~llace H. Erickson CIty Clerk 256 \ ved by Councilman Shannon, seconded by Councilman Traut:JnaIu1, t adjourn this meeting to April 24, 1978 at 7:00 P.M. in the Co \ i1 Chambers. Ayes, 8; Nayes, none. Admim.stratCr Hastings, Minnesota April 24, 1978 11 I' I I, The City Council of the City of Hastings, Minnesota met in an adjourned meeting on April 24, 1978 at 7:00 P.M. in the City Offices. Members present: Councilmen Shannon, Trautmann, Fischer, Novak, Erickson, Trutna, Karnick, Collins, and Mayor Petersen. Members absent: None. .. M:>ved by Councilman Novak, seconded by Councilman Fischer to approve the Four Diamonds Lease proposal. The $2,000 per year, for five years, charge to be included in the Joint Powers Agreement between the City and the School Dis trict. Ayes, 7; Nayes, Councilman Trautmann. by Councilman Trutna, seconded by Councilman Novak to adjourn fes, 8; Nayes, none. [; A'ITEST: I CLAIM Daryl Plath Ni te-Site, Inc. Northern States Power Edward J. Kranz Arleigh Cook, Treas. Alfred A. Altendorfer Burger King Corporation Orfei & Sons Inc. Metro Waste Control Comm. Metro Waste Control Comm. State Building Inspector John Bosch Bill Kiemen Mrs. Wallace Mitchell Sheldon Fox Profile Extrusion VillaJDevelopment Co. Government Training Service Craguns on Pine Beach W. H. Erickson N.W. Natl. Bank of Hastings Roger Tonsager Raymond Knoll, Jr. R. J. Kurowski David Latch Air Comm A1dy Graphic Design Brissman-Kennedy Inc. City of Hastings Coast to Coast Coca-Cola Bottling Midwest Color Lab Earl V. Zehnder, Treas. Dalco Doerer's Don's Market Emergency Product News Fluegel & Hertogs Dwyer & Associates, Inc. Fluegel & Hertogs Fluegel & Hertogs Hastings Hardware Northwestern Ins. Agency Hastings Lock Service ITT Continental Baking Co. Tom Loucks & Associates Inc. L & J Distributors Mantek Midland Products Co; Mn. Assoc. Civil Defense Dir. Mn. Rescue & FirsttAid Assoc. Minnesota Tractor Co. Tom Nelson Nite-Site Inc. Oxford Chemicals Joe O'Brien Chev-Cad Regina Memorial Hospital Sherwin-Williams Texgas Corporation Toltz,King,Duvall,Anderson & Assoc. Inc. Unitog Business Clothing Van Waters & Rogers Vendri te, Tnc. Leonard Olson Water Products Weber & Troseth Inc. CLAIMS APRIL 17, 1978 NO. 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585 4586 4587 4588 4589 4590 4591 4592 4593 4594 4595 4596 4597 4598 4599 4600 4601 4602 4603 4604 4605 4606 4607 4608' 4609 4610 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 4629 4630 4631 4632 4633 4634 4635 DISPOSITION Expenses Supplies YAC Billing Expenses Police Membership School expenses Safety film E. Hastings Partial Payment Reserve Capacity Charge " " " March Surcharge Report Reimbursement/Ambulance " " " " Building Permit Refund Refund of Platting fee Refund of Special Use Fee City Managers Conf. Registration " " " Reservation Ind. Park Director Expenses Federal Withholding Expenses School Expenses/Amb. " " " " " " Supplies " " YAC Xerox copies Supplies Supplies " 1978 Taxes HNH Supplies Supplies Arena Supplies Subscription Fees Survey & Plat work Legal Services Legal Services Supplies Blanket bond Repairs at City Hall Supplies/Arena Compo Plan Contract Supplies Supplies Supplies Membership dues " " Supplies " Supplies " Supplies Services City Hall drapes Supplies Engineering Services Supplies Supplies Supplies Mileage Supplies Supplies 257 AMOUNT 140.85 54.50 4.86 16.00 5.00 15.00 65.00 72,785.63 3,564.00 396.00 1,268.52 25.00 15.00 15.00 20.13 104.00 100.00 65.00 99.84 41. 27 5,679.70 10.00 25.50 25.50 103.70 11 7.85 38.12 38.91 46.40 12.08 21. 00 62.56 817.36 6.00 52.57 4.02 12.98 16.00 1,379.33 120.00 120.00 20.87 142.00 10.00 15.48 1,943.05 455.00 151.12 134.84 3.00 7.50 463.25 32.80 39.50 260.40 157.39 20.00 479.38 39.75 7,426.48 62.12 171 .60 146.40 , 11.25 100.98 19.85 258 CLA:tMS Youth Action Council Xerox Corporation Wisconsin Life Ins. Co. United Telephone System Robert Schluessler Ted Hasse Kris Olsen Randy Willhite Walter E. Petersen Richard J. Collins Lee E. Erickson Mary E. Fischer Edward J. Karnick Thomas V. Novak Theodore E. Shannon Fred G. Trautmam Thomas L. Trautna Peter McCann Elizabeth Tingquist Robert Schluessler M. Christianson Janice King Paul Foyte Ronald Hillmer Dorothy Johnson Charlotte A. Stoudt Kelly Plath Raymond Knoll, Jr. James P. Maher Bernard Swanson Eugene Tix Howard Biskupski Arthur Zgoda Peter McCann Richard J. Doffing Patrick M. Orman John Zgoda Richard J. Doffing Patrick M. Orman Albert F. Herrmann Walter Petersen Minnesota Gas Co. Lewis E. Jaquis Gerald C. Wuollet Bernard Swanson Bernard Swanson NO. 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 4655 4656 4657 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670 4671 4672 4673 4674 4675 4676 4677 4678 4679 4680 4681 DISPOSITION Expenses ' Supplies April Premium March billing Dog catcher patrol Mileage/YAC Mileage/YAC Mileage/YAC Mayor's Salary Councilman's Salary " " AMOUNT g'.OO 508,73 4,123.36 732.62 32.00 36.75 52.95 88.05 150.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 33.38 287.98 135.00 231. 84 92.00 48.26 64.23 101.56 170.44 89.30 48.38 111 . 64 96.44 154.37 16.23 29.10 5.40 28.84 25.70 262.20 28.84 25.70 .23.40 14.00 168.92 30.00 100.00 136.50 13.00 o " " " " ~I I " " " " " " L___ " " Ci ty Hall labor City Hall Clerical Dog Catcher fees Parks Labor Parks Clerical Police overtime " " Police Secretary " " Police labor Fire overtime Fire overtime " " " " Street Overtime " " Street labor Water overtime " " Water Labor Wastewater overtime " " School mileage Expenses Billing Civil Defense Expenses BCA School expenses Services Services ! 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