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HomeMy WebLinkAbout06-07-71 741 Hastings, Minnesota June 7, 1971 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, June 7, 1971 at 8:00 o'clock P.M. in the Council Chambers of the City Hall. Members present: Councilmen Novak, Kane, Collins, Hallberg, Wilson, Driscoll, Christenson and Mayor Rotty. r- i Members absent: Councilman O'Connor. Minutes of the last meeting were read and approved. Councilman Hallberg introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID - DELIVERY OF GASOLINE WHEREAS, pursuant to an advertisement for bids for tank wagon and station delivery of regular and premium gasoline, bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: Station Delivery - Premium Erickson Oil Products 27.09 per gallon Bulk Delivery - Regular Midland Cooperatives, Inc. Local Oil Company American Oil Company 22.249 22.9 23.6 ,-- Bulk Delivery - Premium Midland Cooperatives, Inc. Local Oil Company American Oil Company 24.249 25.9 26.6 NOW THEREFORE BE IT RESOLVED By the City Council of Hastings: 1. That Erickson Oil Products be awarded the contract for Station Delivery of Premium Gasoline and Midland Cooperatives, Inc. be awarded the contract for Bulk Delivery of Regular Gasoline for one year beginning July 1, 1971, as being the lowest bidders. 2. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Erickson Oil Products and Midland Coopera- tives, Inc. for Premium Station Delivery and Regular Bulk Delivery, re- spectively, according to the specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 7th day of June, 1971. ,"'--'" I I 2u . N t::.~"".J.. f: ~ City Clerk The Mayor declared open the public hearing on t~e application of the First Federal Savings and Loan, owner of Lot 1, Block 13, Original Town Addition to the City of Hastings to grant a variance from Section 7.3.6 "Signs prohibited within public right-of-way". The Clerk reported that notice had been given as required by Section 12.3.2 of the Zoning Ordinance. All persons present were given an opportunity to be heard. Whereupon the following resolution was offered by Councilman Novak: ATTEST: WHEREAS, a written application for a variance has been sub- mitted; the conditions and requirements of Section 12.3.1 are hereby found to exist; that notice of public hearing has been given as required by Section 12.3.2; a Public Hearing held and all persons present given an opportunity to be heard; further that the applicant has set forth reasons /"" 742 justifying the granting of a variance and the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or detrimental to the public welfare. THEREFORE, the requested variance should be and hereby is granted, subject to the plans as presented and approved by the Council. Adopted by the City Council this 7th day of June, 1971. ATTEST: ~I . fl ~~k-.,u - City Clerk g~ cJ!ay . o Councilman Christenson seconded the motion to adopt said resolution and the same was passed by the following vote: Ayes, all; Nays, none. Moved by Councilman Hallberg, seconded by Councilman Wilson that the City enter into the following agreement with The Calder Corpor- ation: Ayes, all; Nays, none. AGREEMENT THIS AGREEMENT, made and entered into this 7th day of June, 1971, by and between The City of Hastings, a Municipal Corporation in the State of Minnesota, hereinafter referred to as "Hastings". and The Calder Corporation, a Minnesota Corporation, hereinafter referred to as "Calder". For and in consideration of the mutual covenants herein contained and other good and valuable considerations, the parties hereby agree as follows: 1. Hastings hereby employs Calder, and Calder hereby accepts employment by Hastings, said employment to be as exclusive agent and developer in charge of the total sale and promotion of bke Hastings Industrial Park, a more particular description of which is attached hereto and incorporated herein as Exhibit I to this agreement. The principal function of Calder shall be to devote its best efforts to obtaining industry for location in the Industrial Park. Said function shall include, but is not limited to platting, engineering assistance, complete charge of the promotional effort to obtain industry, and the offering to "such industry or industries of its assistance for the pur- pose of accomplishing the design, planning, construction and financi~g of any proposed construction. [i . I 2. The Term of this agreement shall be for a period of three (3) years from the date of execution and delivery hereof, and payment shall be made to Calder by Hastings as follows: a. $24,009.00 per year, payable in quarterly installments Joe$6:~009-.()O-each in advance. b. In addition, all promotional travel and entertainment expenses to obtain prospects and customers shall be determined by a prior estimated budget, and shall re- ceive a prior approval by Hastings or its agents before any expenditures are incurred. c. In addition, a lO% land sale commission on all land sold at prices agreed upon by Hastings, shall be paid by Hastings upon the closing of any such land sale. As to any other arrangement concerning the disposition of land, there shall be a commission to be agreed upon by Hastings and Calder. (Such as on a land lease where Hastings is the principal involved) This provision for land sale or rental commissions shall not apply on any sale, lease, or other transaction with the H. D. Hudson Manufacturing Company. o 3. Hastings shall set-up and appoint a liaison committee of at ..,~.. 743 least three persons assigned to work with Calder's representative on this project. Calder will provide a qualified project manager who will work on this project on a full time basis. . -- 4. Calder hereby guarantees Hastings that within a period of one year from the date of the execution and delivery of this contract it shall either have obtained a tenant or customer for a portion of the proposed premises and having a building under construction for said customer, or it shall on its own account build a speculation building upon land to be furnished by Hastings on a lease basis of $l.OO. In the event that Calder shall be required to build the speculation build- ing because of the failure to obtain any such customer as indicated herein, then said lease shall run for a period until such time as the building is rented or sold. Said lease of land shall contain sufficient land to accomodate under municipal regulations the proposed speculation building containing approximately l2,000 square feet with 2,000 square feet set aside as office space. The building shall be in shell form and will not contain the mechanical and electrical, (such as the heating plant or all of the electrical work that may be required by any prospec- tive tenant). 5. After the expiration of one year, as herein set forth, then Hastings shall have the right to terminate this contract without cause at any time upon three months notice to'Ca1der. Upon any such termination Calder shall be protected as to any pending sales or prospects obtained by it for the period of one year after the termination of the contract, and Calder shall submit to Hastings the names of all prospects interviewed. 6. Calder agrees not to act as an agent for any other industrial park development within a 25 mile radius. It is to be noted, however, that if a prospective client obtained at Hastings' expense rejects the Hastings location, Calder may place said client elsewhere and reimburse Hastings for any expenses paid by Hastings for the purpose of obtaining the prospect to locate that prospect in the Hastings Park. ,7. Each party agrees to furnish to the other its full coopera- tion and effort in the development and promotion of the Industrial Park. 8. It is the understanding of the parties that by the terms of this agreement, Calder is receiving exclusive sales rights, but not the exclusive control of the development which includes the. construction and/or design of the, park or of any proposed buildings therein. It is understood that-said industrial park, shall be ,exposed to other developers and firms who may wish to build on their own account and employ their own architects, designers, engineers and/or contractors. Calder agrees to cooperate with real estate brokers. THE CITY OF HASTINGS By s/ Evarist J. Rotty Mayor '., . >~y. ,sf Wallace H.' Erickson City Clerk > . . .,o:..c.. ..f..)...", THE CALDER CORPORATION ! . By s/ Alfred A. Albert Executive Vice President PUBLIC HEARING ON REZONING The Mayor declared open the Public Hearing on the application to rezone the following described property from 1,..2 to C-2 in accordance with Section 17 of the City Zoning Ordinance dated December 7, 1970: Part of S 1/2 of NE 1/4 commencing 1418 feet West and lO feet North of SE cornerN 300 feet E l45.2 feet South 300 feet West 145.2 feet to beginning. 1 Acre. 744 The Clerk reported that notice had been given as required by Section 12.3.2 of the Zoning Ordinance. Persons present were given an opportunity to be heard. Whereupon Councilman Wilson offered the following resolution: WHEREAS, a written application for a rezoning has been sub- mitted; the conditions and requirements of Section 12.3.1 are hereby found to exist; that notice of public hearing has been given as required by Section l2.3.2; a public hearing held and all persons present given an opportunity to be heard; further that the applicant has set forth reasons justifying the granting of the rezoning and the granting of the rezoning is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or detrimental to the public welfare. THEREFORE, the requested rezoning of the above described property shall pass its first reading amending the City Zoning Ordin- ance that the property be rezoned from 1-2 to C-2 in accordance with Section 17 of the City Zoning Ordinance dated December 7, 1970. Adopted by the City Council this 7th day of June, 1971. ATTEST: tv ,# ~L~~ C'ity Clerk g81 Councilman Collins seconded the motion to adopt said resolution and the same was passed by the following vote: Ayes, all; Nays, none. Moved by Councilman Kane, seconded by Councilman Collins that the request by Red Owl Stores to construct a fence along Eddy Street and the request of Lawrence Yanz to construct an addition to the Bierstube be referred to the Planning C~ission. Ayes, all; Nays, none. Moved by Councilman Collins, seconded by Councilman Kane that parking be allowed on Pine Street from llth Street to l4th Street from June 8, 1971 until August 21, 1971. Ayes, all; Nays, none. Moved by Councilman Collins, seconded by Couneilman Driscoll to pass the third reading to amend Section 7 of an Ordinance entitled "AN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUORS WITHIN THE CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA, REPEALING INCON- SISTENT ORDINANCES AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF" to finally read as follows: The City Council of the City of Hastings does ordain: Section 7. Delete "Memorial Day" Adopted by the City Council this 7th day of June, 1971. ATTEST: L'~~J.L' City Clerk ~~~ Moved by Councilman Christenson, seconded by Councilman Collins to pass the second reading of an Ordinance on "Destructive Devices". Ayes, all; Nays, none. Moved by Councilman Christenson, seconded by Counc.illDBmDr1sco11 to pass the second reading of an Ordinance on "Threatening, Abusive, Harassing Telephone Calls". Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman Christenson to grant a cigarette license to Vendrite, Inc. for Four Seasons Produce, 1512 Vermillion Street for the balance of the calendar year. Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman Christenson to approve expenses for Clarence Latch, Frank Truax, Arnold Endres and Joseph Kane to attend the Fire Convention at Bemidji on June 10 thru 13, 1971. Ayes, all; Nays, none. i ~ '~_':' H-1;; '---', I ' I I . '--~ [ 1\ 745 Councilman Novak left at this time. Moved by Councilman Wilson, seconded by Councilman Christenson that the Viking Lounge, Inc., 117 East Second Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. r- ! Moved by Councilman Wilson, seconded by Councilman Hallberg that John McNaughton and Delores McNaughton dba/ Maco-B Bar, l06 East Second Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman C~istenson that Loesch's Bar, Inc., 412 Vermillion Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. Moved by Councilman Hallberg, seconded by Councilman Kane that Robert L. Nybo, dba/ Nybo's, 314 Vermillion Street be awarded an On Sale Liquor License for a period of one year beginning July l, 1971. Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman Christenson that Thomas R. Stane and Dennis W. Grady, dba/ Gardner Hotel and Tavern, 217-229 East Second Street be awarded an On Sa1e.Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. Moved by Councilman Kane, seconded by Councilman Collins that the Bierstube, Inc., 109 West 11th Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. r- Moved by Councilman Christenson, seconded by Councilman Collins that James J. Hiniker, dba/ Friar Tuck's, 1840 Vermillion Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. Moved by Councilman Collins, seconded by Councilman Kane that Veronica Doffing Olson and Thomas H. Olson, dba/ Mississippi Belle, 101 East Second Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. Moved by Councilman Christenson, seconded by Councilman Driscoll that Gregory Langenfeld and Janice Langenfeld dba/ Gregory's, 1702 Vermillion Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. Moved by Councilman Driscoll, seconded by Councilman Wilson that Urban and Gordon Oehrlein, dba/ Eddies Cafe, 411 Vermillion Street be awarded an On Sale Liquor License for a period of one year beginning July 1, 1971. Ayes, all; Nays, none. Moved by Councilman Hallberg, seconded by Councilman Wilson to hold over the application of the On & Off Corporation for an On Sale Liquor License until the meeting of June 21, 1971. Ayes, all; Nays, none. . ,".' .;.)'] ..' r- , i , Moved by Councilman Driscoll, seconded by Councilman Collins that the following Sunday On Sale Liquor Licenses be awarded for a period of one year beginning July 1, 1971, and that the application of the On & Off Corporation for a Sunday Liquor License be held over until the meet~ng of June 21, 1971. Ayes, all; Nays, none. Robert L. Nybo, dba/ Nybo's, 314 Vermillion St. Veronica Doffing Olson & Thomas Olson dba/ Mississippi Belle 101 E. Second Street Bierstube, Inc., 109 W. 11th Street James J. Hiniker, dba/ Friar Tuck's, 1840 Vermillion Street Thomas R. Stane & Dennis W. Grady, dba/ Gardner Hotel and Tavern, 217-229 East Second St4eet Gregory Langenfeld & Janice Langenfeld dba/ Gregory's, 1702 Vermillion Street 746 Loesch's Bar, Inc., 412 Vermillion Street Urban & Gordon Oehrlein dba/ Eddies' Cafe, 411 Vermillion St. Veterans of Foreign Wars, Lyle Russell Post 1f1210, 322 E. Second Street American Legion, Nelson-Lucking Post #47, 50 Sibley Street Hastings Country Club, Westview Drive & Crest Lane Fraternal Order of Eagles, 1210 Vermillion Street Moved by Councilman Col1in~, seconded by Councilman Driscoll to approve the following Club On Sale Liquor Licenses for one year be- ginning July 1, 1971: Ayes, all; Nays, none. Veterans of Foreign Wars, Lyle Russell Post #1210, 322 E. Second Street American Legion Club, Nelson Lucking-Post #47, 50 Sibley St. Fraternal Order of Eagles, 1210 Vermillion Street Hastings Country Club, Westview Drive & Crest Lane ,..., I i I . U Moved by Councilman Hallberg, seconded by Councilman Wilson that the following Off Sale Liquor Licenses be awarded for a period of one year beginning July 1, 1971, and that the application of the On & Off Corporation for an Off Sale License be held Over until the meeting of June 21, 1971: Ayes, all; Nays, none. Rqbert G. Matsch dba/ Colonial Liquors, 205 E. 3rd St. George Freiermuth dba/ Hastings Off Sale Liquors, 414 Vermillion Street Eddy's Pharmacy, Inc., 301 E. 2nd Street Loesch's Bar, Inc., 412 Vermillion Street John McNaughton & Delores McNaughton dba/ Maco-B Bar, 106 E. 2nd Street Francis Pasch dba/ Frank's Liquor, 1300 Vermillion St. Viking Lounge, Inc., 117 E. 2nd Street Moved by Councilman Driscoll, seconded by Councilman Wilson to approve the following partial payments for work performed on the 1971 Improvement Program: Ayes, all; Nays, none. Austin P. Keller $60,219.26 Ii L-J Councilman Novak came in at this time. Moved by Councilman Christenson, seconded by Councilman Collins to approve expenses for one member of the Police Department to attend the Minnesota Police and Peace Officers Convention in Minneapolis on June 19 thru 21, 1971. Ayes, all; Nays, none. Moved by Councilman Kane, seconded by Councilman Collins to refer to the Planning Commission for recommendation the question of whether Special Use Permits should be required for uses allowed by Section 9.4.2.3 of the City Zoning Ordinance Uses Permitted: "Fire Station, retirement and nursing homes, professional offices, day care center, old age home, library, gift or craft shops and similar uses of a public service nature". Ayes, all; Nays, none. Moved by Councilman Hallberg, seconded by Councilman Collins that the following persons be appointed to a liaison committee to work with Calder's representative on the Industrial Park development pursuant to the contract entered into with Calder Corporation: Ayes, all; Nays, none. Pat Wilson, Ben Sontag, Donald Hallberg and Richard Collins. The Clerk presented affidavits showing publication of notice of call for bids on $410,000 General Obligation Bonds of 1971, Series A of the City, for which bids were received at the meeting of the Finance Committee of the City Council held at the office of the City Clerk on the 24th day of May, 1971 at 5:00 o'clock P.M., in accor- dance with the resolution adopted py the City Council on April 19, 1971. Said affidavits were examined, found to comply with the provi- sions of Minnesota Statutes, Chapter 475, and we~e approved and ordered placed on file. o The finance Committee received and opened bids for sale of said bonds. The following bids were received: Bidder Price Coupons . First National Bank of St. Paul First National Bank of Minneapolis Paine, Webber, Jackson & Curtis, New York $404,465.00 4.75% 1974-78 5.00% 1979-80 5.25% 1981-82 5.60% 1983-84 5.80% 1985-87 5.90% 1988-89 6.00% 1990-92 4.75% 1974-78 5.10% 1979-80 5.20% 1981 5.50% 1982-83 5.60% 1984 5.70% 1985 5.80% 1986 5.90% 1987-88 6.00% 1989-92 $404,llO.00 ---- Piper, Jaffray & Hopwood Allison-Williams Co. Dain, Kalman & Quail, Inc. Northwest National Bank Woodard-Elwood & Co. All of Minneapolis Northwestern National Bank Hastings, Minnesota American National Bank (Co- 4.60% 1974-78 St. Paul, Minn. OMan-) 5.30% 1979-82 John Nuveen & Co. (agers) 5.60% 1983-84 Chicago, Illinois 5.70% 1985 Merrill Lynch, Pierce, Fenner & Smith, Inc. 5.80% 1986 New York, N.Y. 5.90% 1987 Juran & Moody, Inc. 6.00% 1988-92 St. Paul, Minn. E. J. Prescott & Co. Minneapolis, Minn. First National Bank of Hastings, Minnesota $404,639.00 -- Reoffering Schedule of the Purchaser Rate Year Yie 1d 4.75% 1974 3.90% 4.75% 1975 4.00% 4.75% 1976 4.25% 4.75% 1977 4.50% 4.75% 1978 4.75% 5.00% 1979 4.90% 5.00% 1980 5.00% 5.25% . 1981 5.10% 5.25% 1982 5.25% 5.60% 1983 5.40% 5.60% 1984 5.60% 5.80% 1985 5. 70% 5.80% 1986 5.80% 5.80% 1987 5.85% 5.90% 1988 5.90% 5.90% 1989 5.95% 6.00% .1990 6.00% 6.00% 1991 6.00% 6.00% 1992 6.00% 747 Net Interest Cost & Rate $322,427.50 (5.8226%) $323,940.00 (5.8499%) $324,046.00 (5,8518%) The Finance Committee approved the bid submitted by the First National Bank of St. Paul and recommended that said bid be accepted by the City Council. The Council proceeded to consider all bids. After the bids had been considered and discussed, Councilman Novak introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $4l0,000 GENERAL OBLIGATION BONDS OF 1971, SERIES A PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS: 748 A. The City Council of the City of Hastinga adopted a resolution on October 5, 1970 calling for an election of $775,000 General Obligation Bonds of 1970, and in said resolution made certain findings of fact as to the acquisition and improvement of lands authorized to be sold to the City by the state legislature pursuant to Chapter X of the City Charter; . B. Pursuant to an election held on November 3, 1970 the City Council was authorized to issue said $775,000 General Obligation Bonds of 1970; C. The City Council adopted a resolution on April 19, 1971 providing for the public sale of $410,000 General Obligation Bonds of 1971, Series A, as well as $280,000 Improvement Bonds of 1971, Series A, and $385,000 General Obligation Water and Sanitary Sewer Revenue Bonds of 1971, Series A, of which bond issues the $410,000 General Obligation Bonds of 1971, Series A, constitute a part of the $775,000 General Obligation Bonds authorized at said November 3, 1970 election; n l_J NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings, Minnesota, as follows: 1. The City Council hereby ratifies, approves and affirms the findings made by the Council pursuant to its resolution of October 5, 1970 calling for an election on $775,bOO General Obliga- tion Bonds of 1971 and its resolution of April 19, 1971 providing for the public sale of a portion of said bonds insofar as such findings relate to the acquisition and development of certain property author- ized to be sold to the City by the state legislature pursuann to Chap- ter X of the City Charter, and the City Council hereby further deter- mines and declares that it is necessary and expedient tb borrow money by issuing said $410,000 General Obligation Bonds of 1971, Series A, as well as $385,000 General Obligation Water and Sewer Revenue Bonds of 1971, Series A to hel~ finance the acquisition and development of said state land consistent with the purposes set forth in said findings. I' i : L_~! 2. That the bid df The First National Bank of St. Paul to purchase $410,000 General Obligation Bonds of 1971, Series A of the City, in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefore the sum of $404,465,00 (plus a premium of -0-) is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and said bonds are hereby awarded to said bidder, The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders, Said bonds shall be payable as to principal and interest at the First National Bank of St. Paul, in St. Paul, Minnesota. 3. The $410,000 negotiable coupon general obligation bonds of the City shall be dated June 1, 1971 and shall be issued forthwith. Said bonds shall be 82 in number and numbered from 1 to 82, both inclusive, in the denomination of $5,000 each. Said bonds shall mature serially, lowest numbers first, on March 1, in the years and amounts as follows: $10,000 in each of the years 1974 to 1976 both inclusive; $15,000 in each of the years 1977 to 1979 both inclusive; $20,000 in each of the years 1980 to 1983 both inclusive; $25,000 in each of the years 1984 to 1986 both inclusive; $30,000 in each of the years 1987 to 1989 both inclusive; $35,000 in each of the years 1990 and 1991; $20,000 in the year 1992. LJ 4. Said bonds shall provide funds to acquire and improve property for economic development in the City. The total cost of said project including the cost of construction under the terms of the lowest bid received for each phase thereof, engineering, legal and other professional charges, publication and printing costs, interest accruing on money borrowed for the improvements before the collections of taxes levied therefor, and all other costs necessarily incurred and to be incurred from the inception to the completion of ;. 749 the project, is estimated to be at least equal to the amount of the bonds herein authorized. 5. The bonds of said issue maturing in the years and bearing the serial numbers set forth below shall bear interest, payable March 1, 1972 and semi-annually thereafter on September 1 and March 1 of each year, at the respective rates per annum set opposite said maturity years and serial numbers: Maturity Years Serial Numbers Interest Rate -- 1974-1978 1-12 4.75% 1979-1980 l3-19 5.00% 1981-1982 20-27 5.25% 1983-1984 28-36 5.60% 1985-1987 37-52 5.80% 1988-1989 53-64 5.90% 1990-1992 65-82 6.00% 6. All bonds of this issue maturing in the years 1986 to 1992, both inclusive, (bonds numbered 42 to 82, both inclusive), shall be subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on March 1, 1985 and on any interest payment date thereafter at par and accrued interest. At least thirty days prior mailed notice of redemption shall in each case be given to the bank where said bonds are payable and to the last known holder, and thirty days prior published notice of redemp- tion shall be given in accordance with law. Holders desiring to re- ceive mailed notice must register their names, addresses and bond numbers with the City Clerk, but published notice shall be effective without mailed notice. 7. The bonds and interest coupons to be issued hereunder shall be in substantially the following form: -- , UNITED STATE OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF HASTINGS $5,000 No. GENERAL OBLIGATION BOND OF 1971, SERIES A KNOW ALL MEN BY THESE PRESENTS that the City of Hastings, Dakota County, Minnesota, certifies that it is indebted and for value received promises to pay to bearer the sum of FIVE THOUSAND DOLLARS ~ on the first day of March, 19__ and to pay interest thereon from the date hereof until the principal is paid at the rate of per cent ( %) per annum, payable on the first day of March, 1972 and semiannually thereafter on the first day of September and the first day of March in each year, in accordance with and upon presentation and surrender of the interest coupons hereto attahhed, as the same severally become due. Both principal and, interest are payable at the First National Bank of St. Paul in St. Paul, Minnesota in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. All bonds of this issue maturing in the years 1986 to 1992, both inclusive (bonds numbered 42 to 82, both inclusive), are subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on March 1, 1985 and on any interest payment date thereafter at par and. accrued interest. At least thirty days prior mailed notice of redemption shall in each case be given to the bank where said bonds are payable and to the last known holder, and published notice of redemption shall be given in accordance with law. Holders desiring to receive mailed notice must register their names, addresses and bond numbers with the City Clerk, but published notice shall be effective without mailed notice. 750 This bond is one of an issue in the total principal amount of $410,000 all of like date and tenor, except as to maturity, inter- est rate and redemption privilege, which bond has been issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota for the purpose of acquiring and improving property for economic development, and is payable out of the General Obligation Bonds of 1971, Series A Fund of the City. This bond constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of said principal and interest when the same become due, the full faith and credit of said City have been and are hereby irrevocably pledged. ' IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and Laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this bond, together with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limita- tion of indebtedness. IN WITNESS WHEREOF, the City of Hastings, Dakota County, Minnesota, by its City Council has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of the City Clerk, and a facsimile of the corporate seal of said City to be printed hereon, and has caused the interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of June 1, 1971. ~ JJJ ~J.,L___ City Clerk (Form of Coupon) Mayor G cl-(jj 1 No. $ On the first day of March (September), 19____, unless the bond described below is called for earlier redemption, the City of Hastings, Dakota County, Minnesota, will pay to bearer at the First National Bank of St. Paul, St. Paul, Minnesota, the sum shown hereon for interest then due on its General Obligation Bond of 1971, Series A, No. dated June 1, 1971. / s/ Facsimile City Clerk / s/ Facsimile Mayor 8. The City Clerk is directed to cause said bonds to be prepared and the Mayor and Clerk are authorized and directed to execute the same by the facsimile signature of the Mayor and the manual signature of the City Clerk, with the facsimile of the corpor- ate seal printed on the bonds, and to cause said coupons to be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said officers. 9. The saidbonds'when so prepared and executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the said pruchaser shall not be obliged to see to the proper application thereof. 10. There is hereby created a special fund to be designated "General Obligation Bonds of 1971, Series A Fund" to be held and administered by the City Treasurer separate and apart from all other funds of the City. Said fund shall be maintained in the manner herein specified until all of the bonds herein authorized and the interest thereon have been fully pa~d. In said fund there shall be maintained two separate accounts, to be designated as the ','Capital Account" and the "Sinking Fund Account", respectively. The proceeds of the sale of the bonds herein authorized, less accrued interest received thereon and less any amount paid for said bonds in excess of $404,110, shall be credited to the Capital Account, from which there shall be paid all costs and expenses of said acquisition and improvements, <>., h u. '~';":"i... r~~ L~ I' L ,.-.. I i i L~ 751 including the costs of construction contracts heretofore let and all other costs incurred and to be incurred and the moneys in said account shall be used for no other purpose, provided that the bond proceeds may also be used to pay interest on said bonds due prior to the anti- cipated date of commencement of the collection of taxes herein levied. There is hereby pledged and there shall be credited to the Sinking Fund Account, all collections of taxes herein levied, all accrued interest received upon delivery of said bonds, all funds paid for the bonds in excess of $404,110, and all funds remaining in said Capital Account after completion of the improvements and payment of the costs thereof. The Sinking Fund Account shall be used solely to pay princi- pal and interest on the bonds issued hereunder. 11. To provide moneys for the payment of said principal and interest there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of, other general property taxes in said City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount 1971 · 1972 $41,895 1972 1973 34,440 1973 1974 33,942 1974 1975 33,443 1975 1976 38,194 1976 1977 37,446 1977 1978 36,698 1978 1979 41,160 1979 1980 40, llO 1980 1981 39,008 1981 1982 37,905 -- 1982 1983 41,979 1983 1984 40,509 1984 1985 38,987 1985 1986 42 , 714 1986 1987 40,887 1987 1988 39,029 1988 1989 42,420 1989 1990 40,215 1990 1991 22,260 Said tax levies are such that if collected in full they will produce at least five per cent in excess of the amount needed to meet when due the principal and interest payments on the bonds. Said tax levies shall be irrepealable so long as any of said bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Section 475.61 (3) M.S.A. For prompt and full payment of the principal of and interest on said bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevo- cably pledged. r- 12. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he shall require, and to obtain from said Auditor his certificate that said bonds have been entered in the said Auditor's Bond Register, and that the tax levy required by law has been made. 13. The officers of the City are hereby authorized and directed to prepare and. furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance. thereof, certified copies of all proceedings and records ,of the City relating to said bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are re- 752 quired to show the facts relating to the legality and marketability of said 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. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Christenson and upon vote being taken thereon, the following voted in favor thereof: All; and the following voted against the samw:- None. adopted. Whereupon said resolution was declared duly passed and I' I L__ The Clerk presented affidavits showing publication of notice of call for bids on $385,000 General Obligation Water and Sewer Revenue Bonds of 1971, Series A of the City, for which bids were received at the meeting of the Finance Committee of the City Council held at the office of the City Clerk on the 24th day of May, 1971, at 5:00 o'clock P.M., in accordance with the resolution adopted by the City Council on April 19, 1971. Said affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file. The Finance Committee received and opened bids for the sale of said bonds. The following bids were received: 4.75% 1976-78 5.10% 1979-80 5.20% 1981 5.50% 1982-83 5.60% 1984 5.70% 1985 Bank 5.80% 1986 5.90% 1987-88 6.00% 1989-92 ***See Page 762 for third bid and Reoffering Schedule omitted here. The Finance Committee approved the bid submitted by The First National Bank of St. Paul and recommended that said bid be accepted by the City Council. Bidder First National Bank of St. Paul First National Bank of Minneapolis Paine, Webber, Jackson & Curtis, New York Piper, Jaffray & Hopwood Allison-Williams Co. Dain, Kalman & Quail, Inc. Northwestern National Bank Woodard-Elwood & Company All of Minneapolis Northwestern National Hastings, Minn. Coupons Price Net Interest Cost & Rate 4.50% 1976-77 4.75% 1978 5.00 1979-80 5.25 1981-82 5.60 1983-84 5.80 1985-87 5.90% 1988-89 6.00% 1990-92 $379,071.00 $318,330.88 (5.8422%) r- l_-> $378,970.90 $319,863.48 (5.8704%) The Council then proceeded to consider such bid~. After the bids had been considered and discussed, eeanei1man Hallberg introduced the fo11Gwing resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $385,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS OF 1971, SERIES A PROVID!.NG FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS: (-~, \ ' ~ A. The City Council of the City of Hastings adopted a resolution on October 5, 1970 calling for an election of $775,000 General Obligation Bonds of 1970, and in said'reso1ution made cer- tain findings of fact as to the acquisition and improvement of ljnds authorized to be sold to the'City by the state legislature pursuant to Chapter X of the City Charter; 753 B. Pursuant to. an election held on November 3, 1970 the City Council was authorized to issue said $775,000 General Obligation Bonds of 1970; ,.--, C. The City ~ounci1 adopted a resolution on April 19, 1971 providing for the public sale of $385,000 General Obligation Water and Sewer Revenue Bonds of 1971, Series A, as well as $280,000 Improvement Bonds of 1971, Series A, and $410,000 General Obligation Bonds of 1971, Series A, of which bond issues the $410,000 General Obligation Bonds of 1971, Series A, constitute a part of the $775,000 General Obligation Bonds authorized at said November 3, 1970 election; D. The City owns and operates a municipal water and sani- tary sewer system as a revenue producing public utility and there are outstanding Water Revenue Bonds of 1953, 1960, 1961 and General Obligation Water Revenue Bonds of 1968 and 1970, the interest and principal of which consfitute liens upon the net.revenues of the water utility and General Obligation Revenue Sewer Bonds of 1967, the interest and principal of which constitute liens upon the net revenues of the sewer utility; E. The City Council has heretofore determined that it is necessary and expedient to issue $385,000 General Obligation Water and Sewer Revenue Bonds of 1971, Series A, pursuant to M.S.A. 475 and M.S.A. 444.075 and Chapter X of the City Charter to finance improve- ments to said water and sanitary sewer system; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hastings, Minnesota, as follows: 1. That the bid of the First National Bank of St. Paul to purchase $385,000 General Obligation Water and Sewer Revenue Bonds of 1971 Series A of the City, in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $379,071. (plus a premium of -0-) is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and said bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. Said bonds shall be payable as to prin- cipal and interest at the First National Bank of St. Paul in St. Paul, Minnesota. 2. The $385,000 negotiable coupon general obligation water and sewer revenue bonds of the City shall be dated June 1, 1971 and shall be issued forthwith. Said bonds shall be 77 in num- ber and numbered from 1 to 77, both inclusive, in the denomination of $5,000 each. Saidbando shall matur~ serially, lowest numbers first, on March 1 in the years and amounts as follows: $ 5,000 in the year 1976, $15,000 in each of the years 1977 to 1979, both inclusive; $20,000 in each of the years 1980 to 1983, both inclusive; $25,000 in each of the years 1984 to 1986, both inclusive; $30,000 in each of the years 1987 to 1989~ both inc1u~ive; $35,000 in each of the years 1990 and 1991, $20,000 in the year 1992. ---" 3. Said bonds are issued to provide funds for water and sanitary sewer improvement project, including the cost of construc- tion under the terms of the lowest bid received for each phase there- of, engineering, legal and other professional charges, publication and printing costs, interest accruing on money borrowed for the project before the collection of taxes and other revenues pledged for the payment of the obligations, and all other costs necessarily incurred and to be incurred from the inception to the completion of the project, is estimated to be at least equal to the amount of the bonds herein authorized. 4. The bonds of said issue maturing in the years and bear- ing the serial numbers set forth below shall bear interest, payable March 1, 1972 and semi-annually thereafter on September 1 and March 1 of each year, at the respective rates per annum set opposite said maturity years and serial numbers: 754 Maturity Years Serial Numbers Interest Cost 1976-1977 1978 1979-1980 1981-1982 1983-1984 1985-1987 1988-1989 1990-1992 1-4 5-7 8-14 15-22 23-31 32-47 48-59 60-77 4.50% 4.75% 5.00% 5.25% 5.60% 5.80% 5.90% 6.00% 5. All bonds of this issue maturing in the years 1986 to 1992, both inclusive (bonds numbered 37.to 77, both inclu- sive), shall be subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on March 1, 1985 and on any interest payment date thereafter at par and accrued in- terest. At least thirty days prior mailed notice of redemption shall in each case be given to the bank where said bonds are payable and to the last known holder, and thirty days prior published notice of redemption shall be given in accordance with law. Holders de- siring to receive mailed notice must register their names, addresses and bond numbers with the City Clerk, but published notice shall be effective without mailed notice. (-- ) L_--, 6. The bonds and interest coupons to be issued here- under shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY CITY OF HASTINGS No. $5,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BOND OF 1971, SERIES A r~ ! i ; "-__J KNOW ALL MEN BY THESE PRESENTS that the City of Hastings, Dakota County, Minnesota, certifies that it is indebted and for value received promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the first day of March, 19 and to pay interest thereon from the date hereof until the principal is paid at the rate of per cent ~%) per annum, payable on the first day of March, 1972 and semi-annually thereafter on the first day of September and the first day of March in each year, in accordance with and upon presen- tation and surrender of the interest coupons hereto attached, as the same seve~a11y become due. Both principal and interest are payable at the First National Bank of St. Paul in St. Paul, Minnesota in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. All bonds of this issue maturing in the years 1986 to 1992, both inclusive (bonds numbered 37 to 77, both inclusive), are subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on March 1, 1985 and on any interest payment date thereafter at par and accrued interest. At least thirty days prior mailed notice of redemption shall in each case be given to the bank where said bonds are payable and to the last known holder, and published notice of redemption shall be given in accordance with law. Holders desiring to receive mailed notice must register their names, addresses and bond numbers with the City Clerk, but published notice shall be effective without mailed notice. (I ) I L~ This bond is one of an issue in the total principal amount of $385,000 all of like date and tenor, except as to maturity, interest rate and redemption privilege, which bond has been issued pursuant to and in full conformity with the Constitution 755 and Laws of the State of Minnesota for the purpose of providing money for water and sanitary sewer improvements in the City, and is payable out of the General Obligation Water and Sewer Revenue Bonds of 1971, Series A Sinking Fund of the City. This bond constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of said principal and interest when the same become due, the full faith and credit of said City have been and are hereby irrevocably pledged. ,-- IT IS HEREBY CERTIFIED AND RECITED that all acts, condition and things required by the Constitution ,and Laws of the State of Minnesota to be done, to exist, to happen and to be per- formed, precedent to and in the issuance of this bond have been done, do exist, have happened and have been performed in regular and due form, time and manner as required by law; that the City has convenanted and agreed with the holders of said bonds that it will impose and collect charges for the service, use and availability of its municipal water and sanitary sewer facility at the times and in amounts necessary to produce net revenues adequate to pay all principal and interest when due on the bonds of this issue; and that the City will levy a direct annual, irrepealable ad valorem tax upon all of the taxable prop~rty in said City without limita- tion as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the bonds of this issue as they respectively become due, if the net revenues from said water and sanitary sewer facility are insufficient therefor; and this bond, together with all other indebtedness of the City outstanding on the date hereof, and on the date of its actual issuance and delivery, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Hastings, Dakota County, Minnesota, by its City Council has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of the City Clerk, and a facsimile of the corporate seal of said City to be printed hereon, and has caused the interest coupons to be executed and authenticated by the ,facsimile signatures of said officers, all as of June 1, 1971. . LJ,r4 ~ City Clerk' . E:fL#l1 u _~ , Mayor (Form of Coupon) No.- $ On the first day of March (September), 19 , unless the bond described below is called for earlier redemption, the City of Hastings, Dakota County, Minnesota, will pay to bearer at the First National Bank of St. Paul, St. Paul, Minnesota the sum shown hereon for interest then due on its General Obligation Water and Sewer Revenue Bond of 1971, Series A, No. dated June 1, 1971. / s/ Facsimile City Clerk / s/ Facsimile Mayor 7. The City Clerk is directed to cause said bonds to be prepared and when so prepared they shall be executed in behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Clerk and sealed with a printed facsimile of the corpor- ate seal of the City and authenticated by the printed, engraved or lithographed facsimile signatures of the Mayor and Clerk. When said bonds have been so prepared, they shall be delivered by the City Treasurer to the purchaser on receipt of the purchase price and said purchaser shall not be required to see to the application thereof. 8. For the convenience and proper administration of the moneys to be borrowed and repaid on said bonds, and to make adequate and specific security to the purchasers and holders of said bonds from time to time, there is hereby established a separate special fund of the municipality to be known as the General Obligation Water 756 ,and Sewer Revenue Bonds of 1971, Series A Fund. Said fund shall be contained and maintained as a separate permanent fund of the municipality until all bonds herein authorized are paid. There shall be established and maintained in said fund the following separate accounts to which shall be credited and debited all income and dis- bursements of said fund as hereinafte~ set forth. The Clerk and Treasurer of the municipality and all municipal officials and em- ployeesconcerned therewith shall establish and maintain financial records of the receipts and disbursements of the municipal water and sanitary sewer facility in accordance with this resolution. In such records there shall be established and maintained accounts of the General Obligation Water and Sewer Revenue Bonds of 1971, Series A Fund for the purposes and in the amounts as follows: I~ ) L-.J (a) A "Construction Account" into which there shall be paid the money derived from the sale of the bonds authorized hereunder less any accrued interest received thereon and less any amount paid for said bonds in excess of $378,951. From the Con- struction Account shall be paid all costs' and expenses of making the improvements to said water -and sanitary sewer system, including legal, engineering and financing expenses.' Any rba1ance remaining in said account after completion of said costs shall be transferred to the Sinking Fund Account. (b) A "Sinking Fund Account'!, for the payment of principal and interest on the bonds herein authorized. There shall be credited to said account the net revenues of the water utility and the net revenues of the sanitary sewer utility not otherwise pledged to the payment of other obligations of the City. There shall be credited to the Sinking Fund Account accrued interest payable at the time of delivery of said bonds, all 'funds paid for said bonds in excess of $378,951, and all collections of taxes which may hereafter be levied for the payment of the principal and interest of the bonds of this issue, togeth~r with other funds which may from time. to time be credited to said account to meet the princ4pal and interest requirements of this issue. No money shall be paid out of the Sinking Fund Account except to pay such princi- pal and interest. I~, , L_) (c) Net revenues in excess of those required for the foregoing or pledged to the payment:.' o:6-any ()~her ,obligations may be used for any proper purpose. 9. It is hereby found, determined and declared that the net revenues of the water and sanitary sewer facilities in excess of those net revenues pledged to the payment of sa~d pre- vious bond issues (hereinafter "excess net revenues") are sufficient in amount to pay when due 105% of the principal and interest on the bonds herein authorized and said excess net revenues are hereby pledged for the payment of the bonds of this issue, but solely to the extent required to produce five percent in excess of the prin- cipal and interest requirements of this issue as the same become due. Nothing contained her~in shall be deemed to preclude the City from making further pledges and appropriations of said excess net revenues for the payment of other or additional obligations of the City provided that it has first been determined by the City Council that said estimated excess net revenues of said utilities will be sufficient in addition to all other sources, for the payment of the bonds herein authorized and such additional obligations and any such pledge and appropriation of said excess net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. r---, I I ) I \"':-.J 10. In accordance withM..s.A.444.075, the City of Hastings hereby covenants and agrees with the holders of the bonds herein authorized .that it will impose and collect. charges for the service, use, availability and connection to said water and sanitary sewer utilities at the times and in the amounts required to produce excess net revenues adequate to pay all principal and interest when due on the bonds herein authorized. 11. The full faith and credit of the City is' hereby irrevocably pledged for the prompt and full payment of the principal '"-J;;'!':~'"'''' 757 and interest on the bonds herein authorized. If the excess net revenues of the water and sanitary sewer system appropriated and pledged to the payment of principal and interest on the bonds herein authorized shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, with- out limitation as to rate or amount an ad valorem tax upon all tax- able property in the City sufficient to pay such principal and interest as it becomes due. 12. For the purpose of complying with Minnesota Statutes 1969, Section 475.54, the maturity schedule of the $385,000 General Obligation Water and Sewer Revenue Bonds of 1971, Series A shall be and is hereby combined with the maturity schedules of the following bond issues of the City: (a) General Obligation Sewage Disposal Plant Bonds of 1954. (b) General Obligation Revenue Sewer Bonds of 1967. (c) General Obligation Water Revenue Bonds of 1968. (d) General Obligation Water Revenue Bonds of 1970. 13. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Dakota County, Minnesota, together with such other information as he shall require, and to obtain from said Auditor his certificate that said bonds have been entered in the said Auditor's Bond Register. 14. The City Council hereby ratifie~, approves and affirms the findings made by the Council pursuant to its resolution of October 5, 1970 calling for an election of $775,000 General Obligation Bonds of 1971 and its resolution of April 19, 1971 pro- viding for the public sale of $385,000 General Obligation Water and Sewer Revenue Bonds of 1971, Series A, insofar as such findings relate to. the acq~isition and development of certain property authoriz~d to. be sQld,~~:the~ City by the state legislature, and the City Council hereby further ratified and affirms that it is necessary and expedient to borrow money by issuing said $385,000 General Obli- gation Wate~ and Sewer Revenue Bonds of 1971, Series A, to defray the cost of water and sewer improvements to said land in order to advance the purposes set forth in said findings. 15. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to said bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketa- bility of said 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. ~ The motion for the adoption of the foregoing resolution was duly seconded by Councilman Novak and upon vote being taken thereon, the following voted in favor thereof: All; and the follow- ing voted against the same: None. Whereupon said resolution was declared duly passed and adopted. The Clerk presented affidavits showing publication of notice of call for bids on $280,000 Improvement Bonds of 1971, Series A of the City, for which bids were received at the meeting of the Finance Committee of the City Council held at the office of the City Clerk on the 24th day of May, 1971 at 5:00 o'clock P.M., 758 in accordance with the resolution adopted by the City Council on April 19, 1971. Said affidavits were examined, found to comply with the'pro~isions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file. The Finance the sale of said bonds, Bidder First National Bank of St. Paul First National Bank of Minneapolis Paine, Webber, Jackson & Curtis, New York Piper, Jaffray & Hopwood Allison-Williams Co. Dain, Kalman & Quail Woodard-Elwood Co. All of Minneapolis Northwestern National Bank of Hastings and Minneapolis American National (Co- Bank, St. Paul CMan- John Nuveen & Co. (agers) Chicago Merrill Lynch, Pierce, Fenner & Smith New York Juran &, Moody',' MtC'..>'J . St. Paul E. J. Prescott & Co. Minneapolis First National Bank of Hastings Committee received and opened bids for The following bids were received: Net Interest Coupons Price Cost & Rate 4.00% 1973-75 $277,592.00 $87,236.13 r-~ 4.50% 1976-77 (4.9849%) 4.75% 1978 L__ 5.00% 1979-80 5.25% 1981-82 4.00% 1973-75 ' $276,250.80 $87,451. 70 4.20% 1976 (4.9972%) 4.40% 1977 4.60% 1978 4.80% 1979 5.00% 1980 5.20% 1981 5.30% 1982 4.60% 1973-78 $280,000.00 $87,998.75 5.30% 1979-82 (5.0285%) r- I I I ~_/ Reofferin& Schedule of the Purchaser Rate Year Yield 4.00% 1973 3.70% 4.00% 1974 3.90% 4.00% 1975 4.00% 4.50% 1976 4.25% 4.50% 1977 4.50% 4.75% 1978 ,4.75% 5.00% 1979 4.90% 5..00% 1980 5.00% 5.25% 1981 5.10% 5.25% 1982 5.25% The Finance Committee approved the bid submitted by the First National Bank of St. Paul and recommended tbat said bid be accepted by the City Council. The Council proceeded to consider all bids. After the bids had been considered and discussed, Councilman Novak intro- duced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID ON SALE OF $280,QOO IMPROVEMENT BONDS OF 1971, SERIES A PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF BE IT RESOLVED by the Council of the City of Hastings, Minnesota, as follows: 759 ,--- 1. That the bid of the First National Bank of St. Paul to purchase $280,000 Dnprovement Bonds of 1971, Series A of the City, in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $277,592.00 (plus a premium of -0-) is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and said bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. Said bonds shall be payable as to principal and interest at the First National Bank of St. Paul in St. Paul, Minnesota. 2. The $280,000 negotiable coupon general obligation bonds of the City shall be dated June 1, 1971 and shall be issued forthwith. Said bonds shall be 56 in number and numbered from 1 to 56, both in- clusive, in the denomination of $ each. Said bonds shall mature serially, lowest numbers first, without option of prepayment, on March 1 in the years and amounts as follows: $30,000 in each of the years 1973 and 1975 both inclusive; $25,000 in each of the years 1976 to 1979, both inclusive; $30,000 in each of the years 1980 to 1982, both inclusive. 3. Said bonds shall provide funds for the construction of various improvements in the City. The total cost of said improve- ments, including the cost of construction under the terms of the lowest bid received for each phase thereof, engineering, legal and other professional charges, publication and printing costs, interest accruing on money borrowed for the improvements before the collection of special assessments levied therefor, and all other costs necessar- i1V incurred and to be incurred from the inception to the completion of the improvements, is estimated to be at least equal to the amount of the bonds herein authorized. 4. The bonds of said issue maturing iA the'ye&~s and bear- ing the serial numbers set forth below shall bear interest, payable March 1, 1972 and semi-annually thereafter on September 1 and March 1 of each year, at the respective rates per annum set opposite said maturity years and serial numbers: Maturity Years Serial Numbers Interest Rates 1973-1975 1976-1977 1978 1979-1980 1981-1982 1-18 19~28 29-33 34-44 45-56 4.00% 4.50% 4.75% 5.00% 5.25% 5. The bonds and interest coupons to be issued hereunder shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA. COUNTY CITY OF HASTINGS No. $5,000 JMPROVEMENT BOND OF 1971, SERIES A KNOW ALL MEN BY THESE PRESENTS that the City of Hastings, Dakota County, Minnesota, certifies that it is indebted and for value received promises to pay to bearer, without option of prepayment, the sum of FIVE THOUSAND DOLLARS on the first day of March, 19 and to pay interest thereon from the date hereof until the principal is paid at the rate of per cent ( %) per annum, payable on the first day of March, 1972 and semiannually thereafter on the first day of September and the first day of March in each year, in accordance with and upon presentation and surrender of the interest coupons hereto attached, 760 as the same severally become due. Both principal aqd interest are payable at the First National Bank of St. Paul, in St. Paul, Minne- sota in any coin or currency of the United States of America which at the time of payment is legal ~ender for public and private debts. Thia bond is one of an issue in the total principal amount of $280,000 all of like date and tenor, excep~ as to maturity and interest rate, which bond has been issued pursu~nt to and in full conformity with the Constitution and Laws of the State of Minnesota for the purpose of providing money for various improve- ments, and is payable out of ,the Improvement Bonds of 1971, Series A Fund of the City. This bond constitutes a general obligation of the City, and to provide moneys for the prompt and ~u11 payment of, said principal and interest when the same become due, the full faith and credit of said City have been and are hereby irrevocable pledged. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and Laws of the State of Minnesota to be done, to happen and to be performed, pre- cedent to and in the issuance of this bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this bond, together:with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery does not exceed ~ny ~onstitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF" the City of Hastings, Dakota County, Minnesota, by its City Council has caused this bond to be executed in its behalf by the facsimile signature of the MayO't'I and the manual signature of the City Clerk, and a facsimile of the corporate seal of said City to be printed hereon, and has caused thei~te~estcou- pons to be executed and authenticated by the facsimile, signatures of said officers, all as of June 1, 1971. 1..Il.~~~ City ~rk ~&~ Mayor (Form.of Coupon) .,r No. $ On the first day of March (September), 19 , the City of Hastings, Dakota County, Minnesota, will pay to bearer at the First National Bank of St. Paul the sum shown hereon for interest then due on its Improvement Bond of 1971, Series A No. dated June 1, 1971. / s/ Facsimile City Clerk / s/ Facsimile Mayor 6. The City Clerk is directed to cause said bonds to be prepared and the Mayor and'Clerk are authorized and directed to exe- cute the same by the facsimile signature of the Mayor and the manual signature of the City Clerk, with the facsimile signature of the cor- porate seal printed on the bonds, and to cause said coupons to be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said officers. 7. The said bonds when so prepared and executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and Othe said purchaser shall not be obliged to see to the proper application th~reof. i' LI 8. There is hereby created a special fund to be desig- nated "Improvement Bonds of 1971, Series A Fund" to be held and administered by the City Treasurer separate and apart from all other funds of the City. Said fund shall be maintained in the manner herein specified until all of the bonds herein authorized and the interest thereon have been fully paid. In said fund there shall be maintained two separate accounts, to be designated as the "Construction Account" and the "Sinking Fund Account", respectively. The proceeds of the sale of the bonds herein authorized, less accrued interest received thereon and less any amount paid for said bonds in excess of $274,510, 761 ,..-- shall be credited to the Construction Account';; from which there shall be paid all costs and expenses of making said improvements, including the costs of construction contracts heretofore let and all other costs incurred and to be incurred and the moneys in said account shall be used for no other purpose, provided that the bond proceeds may also be used to pay interest on said bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied, and provided further that if upon completion of said improvements there shall remain any un- expended balance in said Construction Account, said balance may be transferred by the Council to the fund of any other improvement instituted pursuant to Chapter 429 M.S.A. There is hereby pledged and there shall be credited to the Sinking Fund Account, all collec- tions of special assessments and taxes herein levied, all accrued interest received upon delivery of said bonds, all funds paid for the bonds in excess of $274,510, and all funds remaining in said Construction Account after completion of the improvements and pay- ment of the costs thereof, not so transferred to the fund of an- other improvement. The Sinking Fund Account shall be used solely to pay principal and interest on the bonds issued hereunder. 9. It is hereby determined that no less than $280,000 of the cost of improvements shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by said improvements. The City hereby covenants and agrees that it will do and perform as soo~ as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece, or parcel of land due to any error, defect, or irregularity, in any action or proceed- ings taken or to be taken by the City or this Councilor any of the City officers or employees, wether in the making of such assessments or in the ~erformance of any condition precedent thereto, the City and this ~ounci1 will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. Said assessments shall be payable in equal, consecutive, annual install- ments, with general taxes for the years shown below and with interest on the deferred balance of all such assessments at the rate of 8% per annum: Improvement Designation Amount Levy Years Street Work Street and Sewer State Aid Street Work $ 34,402.79 151,593.82 76,108.89 1971-1980 10. To provide moneys for the payment of said principal and interest there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and co llecte,d with and as part of, other general property taxes in said City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount 1971 1972 $4,873 1972 1973 -0- ,..-- 1973 1974 -0- 1974 1975 -0- 1975 1976 -0- 1976 1977 -0- 1977 1978 -0- 1978 1979 1,663 1979 1980 2 ,328 1980 1981 2,914 Said tax 1eV'ies are such that if collected in full they, together with estimated collections of special assessments for the payment of said bonds, will produce at least five per cent in excess of the amount needed to meet when due the principal interest payments on the bonds. 762 Said tax levies shall be irrepealable so long as any of said bonds are outstanding and unpaid, provided that the City reserves the right and power 'to reduce the levies in the manner and to the extent permitted by Sec. 475.61 (3) M.S.A. For the prompt and full payment of the principal of and interest on said bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. 11. The City Clerk is hereby directed to, file a certi- fied copy of this reso1ut.ionwith the County Auditor of Dakota County, Minnesota, together with such other information as he shall require, and to obtain from said Auditor his certificate that said bonds have been entered in the. said Auditor's Bond Register, and that the tax levy required by law has been made. r- ~-.J 12. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the City relating to said bonds and to the financial condition and affairs of the City and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketabil- ity of said bonds as the same appear from the books and records under their custody and control ora-s 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. The motion for "the adoption of the foregoing resolu- tion was duly seconded by Councilman Driscoll and upon vote being taken thereon, the following voted ,in favor thereof: All; and the following voted against the same: None. Whereupon said resolution was declared duly passed ATTEST: L) t tI. t::~~ City Clerk r'- LJ and adopted. *** Insert on Page 752 Bidder Coupons Price et Interest Cost & Rate American National St. Paul John Nuveen Chicago Merrill Lynch, Pierce, Fenner & Smith New York Juran & Moody, Inc. St. Paul E. J. Prescott & Co. Minneapolis First National Bank Hastings Bank (Co- (Man- (agers) 4.60% 1976-78 5.30% 1979-82 5.60% 1983-84 5.70% 1985 5.80% 1986 5.90% 1987 6.00% 1988-92 $379,660.00 $319,942.50 (5.8718%) Reoffering Schedule of the ~urchaser Rate Year Yield Rate Year Yield Q 4.50% 1976 4.25% 5.80% 1985 5. 70% 4.50% 1977 4.50% 5.80% 1986 5.80% 4.75% 1978 4.75% 5.80% 1987 5.85% 5.00% 1979 4.90% 5.90% 1988 5.90% 5.00% 1980 5.00% 5.90% 1989 5.95% 5.25% 1981 5.10% 6.00% 1990 6.00% 5.25% 1982 5.25% 6.00% 1991 6.00% 5.60% 1983 5.40% 6.00 1992 6.00% 5.60% 1984 5.60% Moved by Councilman Driscoll, seconded by Councilman Collins that the bills as audited be approved and the City Clerk be instructed to issue warrants for the same. Ayes, all; Nays, none. ...-- NAME NO. Postmaster 1027 Local Oil Co. 1028 Daryl Plath 1029 League of Minn. Municipalitiesl030 Dakota County Sheriffs Office 1031 Postmaster 1032 Dorothy Karnick 1033 Northwestern National of Hastings 1034 Commissioner of Taxation 1035 State Treas. Soc. Sec. Fund 1036 State Treasurer 1037 Fluegel & Hertogs 1038 League of Minn. Municipalitiesl039 City Office Supply 1040 Elmer Pederson 1041 New England Life Insurance 1042 Fidelity Bank & Trust Co. 1043 American National Bank & Trust Co. 1044 First National Bn~k of St. Paul 1045 Northwestern National of Mplsl046 Hastings Insurance Agents 1047 St. Paul Stamp Works, Inc. 1048 Judge Electric 1049 Standard Ready Mixed Concrete 1050 Hastings Lumber Mart 1051 Werth Foods 1052 Wisconsin Dust Mop 1053 Xerox Corporation 1054 Northern States Power Co. 1055 Harry P. Schoen 1056 Ronald's Men's Wear 1057 Regina Memorial Hospital 1058 Ronald Hillmer 1059 Air Comm 1060 A. N. Frey 1061 Western Auto Store 1062 South Side "66" Service 1063 Gil Hebard Guns 1064 Erickson Oil 1065 Uniforms Unlimited 1066 Henry Stokke Sinclair 1067 Hastings Wheel Alignment 1068 Law Enforcement Equip. Co. 1069 The Gopher Shooter's Supply 1070 Gerald Kruger 1071 City Office Supply 1072 Paper Calmenson & Co. 1073 Smith Loughlin Exterminating 1074 City Auto Supply Co. 1075 Michel Sales Co. 1076 Armory Board 1077 Standard Ready Mixed Concrete 1078 Hastings Farmers Coop 1079 Muni-Chem Corp 1080 Weber & Troseth 1081 Bahls Motor & Impl. 1082 American Linen 1083 Minnesota Bearing Co. 1084 Schneider Motor & Impl. 1085 Ritchie Engineering Co. 1086 Ziegler Inc. 1087 Michael Todd & Co. 1088 Group Sales Co. 1089 Scientific International Research 1090 Mississippi Welders & Auto Supply 1091 1092 1093 -- I Great Northern Oil Co. Gopher Welding Supply CLAIMS June 7, 1971 DISPOSITION 29 postage stamps Gasoline, oil, & grease North Central Crime Conf. expenses Registration fees Execution fee Postage stamps Industrial Park Promotion Federal taxes for May State taxes for May Social Security for May Employees retirement (PERA) Legal fees for May Registration fee Office equipment for Court Room City Hall rent for May Group Insurance for June Bond payments Bond payments Bond payments Bond payments Insurance (Package Policy) Councilman name plates Repairs Construction material Construction lumber Household supplies Cleaning supplies Machine rental Service Special judge Uniform clothing Blood tests Breathalyzer school expenses June Service Contract Fire extinguisher refills Tires Repairs Target supplies Gasoline Uniform clothing Repairs " Supplies Supplies Civil Defense expenses " " supplies Repairs Exterminating service Repairs Paint for Pool Rental for Skating Lime Paint and grass seed Chemicals Supplies Repairs Laundry service Repairs " " " " Flags for Street work Chemicals Oxygen Road oil Oxygen 76J AMOUNT 13.00 287.79 53.00 138.00 2.30 10.00 177 . 00 2,976.20 1,759.20 596.91 6,064.31 510.00 23.00 2,288.00 385.00 1,451.52 21,353.29 11,825.25 14,749.28 19,877.50 11,221. 00 77 .10 222.40 4.20 185.87 67.98 1. 30 38.42 3,163.03 90.00 27.90 10.00 5.85 25.0.0 17.00 152.00 22.20 26.88 358.25 173.40 16.80 17.50 25.79 20 .72 4.66 11. 85 271. 72 40.00 64.01 574.90 80.00 15.00 52.05 77 . 61 104.55 45.78 9.89 31. 92 12.49 42.81 28.73 510.75 18;85 107.78 15 .13 121.03 5.35 764 Gross Industrial Service Toltz, King, Duvall, & Asso. Fairhaven Supplies Bob's Music St. Paul Stamp Works, Inc. O'Connor Kranz Thomas Donahue Harry S. Johnson Surveyors Frandrup Excavating Lyon Chemicals Coast to Coast Robe~t Miller Const. Flexible Pipe Tool CO. Clarence Latch Pioneer-United Telephone Daryl Plath Robert Metcalf Lloyd Gath Donald Henriksen George Dummer Hastings Fire Dept. Kranz Printing Larry Schweich Elizabeth Tlngquist Connie Jancoski Peter McCann Sondra Glasenapp Janelle Chapman Robert Metcalf Paul Foyte Alfred Altendorfer Russel Sorenson Richard Tate Einer Theodorson Charlotte Stoudt John Yanz Calvin Ruedy Arthur Zgoda J. W. Williams Clifford Nordstrom Francis Dummer Martin Conzemius Joseph Chylik Robert Ruedy Miles Christiansen Carl Reichling Alfred Lundberg Leander Felling Harold Knoll Miles Christiansen Joseph Vogt James Becker Emmett Plan Fraak Truax Bernard Swanson Claude Donndelinger Ralph Shingledecker Richard Holmes Keith Rosch Howard Biskupski LaVere Fox Calvin Ruedy Lawrence Schweich Kenneth Carl George Dummer Arthur Zgoda Peter McCann William Birchen Dorothy Fritze Lillian Parsons Arnold Endres Richard Doffing Donald Lange Robert Schroeder Robert Ruedy Robert Ruedy Michael Malszycki 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 11~6 ,1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 Laundry service Engineering fees Office supplies P.A. System Bakelite signs Repairs Construction mileage Hastings Industrial Park Surveying Excavating service Chemicals and pump Supplies Machine rental Repairs May mileage expense Service Meeting & mileage expense Crime Conference Expense Refinish & reblue Riot Gun Uniform gun Tools & tool box Fire calls & drills Government envelopes Boat rental City clerk clerical " " " City Hall cleani~g Municipal Court office " " " Police overtime hours " " " " " " " " " " " " " " " " clerical City dog catcher Extra hours " " Landfill attendant " " " " " " Extra hours Extra hours Labor at Pool " " " Parks overtime hours " " " " " " Parks labor " " " " Extra hours " " " " " " " " " " " " " " " " " " " " " " " " " " Street labor " " Engineering clerical " " Extra hours " " " " Water labor Extra hours " " Engineering labor 4.00 2,339.95 9.68 1,004.75 42.87 1,230.87 7.26 1,200.50 125.00 352.84 8.26 47.00 26.60 15.94 709.15 26.70 43.75 35.00 105.49 100.00 1,874.00 488.50 10.00 258.18 85.25 50.00 130.68 147.65 17.37 47.31 20.60 47.84 44.76 79.23 143.67 64.50 16.32 19.63 71. 60 64.30 76.97 97.71 70.65 72.00 202.55 176.84 35.44 39.99 34 . 71 83.13 183.10 28.00 123.90 93.28 149.26 124.50 89.38 169.38 17.48 48.93 39.44 11.82 14.58 21.24 8.74 9.43 75.20 93.60 182.85 153.76 41. 95 66.89 83.70 72 . 00 45.00 86.00 223.93 o c D I I ~tr :f\ 'i'; 766 Michael Ellsworth w. H. Erickson 1171 1172 Engineering labor Indust. Park, & M.A.M.A. meeting 47.20 18.95 Moved by Councilman Wilson, seconded by Councilman Novak that the meeting be adjourned. Ayes, all; Nays, none. ATTEST: ~Jffl ?~,J#~ City CLerk $ ~qj~ !f-Yor " , ' Hastings, Minnesota June 21, 1971 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, June 2l, 1971 at 7:00 o'clock P.M. in the Council Chambers of the City Hall. Members present: Councilmen Kane, Collins, Hallberg, O'Connor, Wilson, Driscoll, Christenson, and Mayor Rotty. Members absent: Councilman Novak. The Public Hearing on the application for variance to allow construction of an addition to the Bierstube property, Midtown Shopping Center, was commenced at 7:00 o'clock P.M. pursuant to notice. The Clerk reported that notices had been mailed and posted as required by the Zoning Ordinance. He further reported that since the agenda for this meeting had been set, the owner of the Midtown Shopping Center had submitted a request in writing that the request for variance be with- drawn as the owner would not add onto the property as requested. It was moved by Councilman Hallberg, seconde~ by Councilman Wi1s?n that the variance request be withdrawn. Ayes; "all; Nays, none. ' The Mayor declared open the Public Hearing on the Establisment of a Housing Authority for the City of Hastings. The City Clerk pre- sented affidavits of publication of Notice of Hearing as required by law. This hearing commenced at 8:00 o'clock P.M. as advertised. Mr. James Dag1ish representing the Housing Director of the State Planning Agency and Mr. Gunner Isberg, Dakota County Planner appeared and discussed the need for a Housing Authority in the City. All other persons were given an opportunity to be heard. A further report will be presented at the next Council meeting. Minutes of the last meeting were read and approved. Mo~ed by Councilman Kane, seconded by Councilman Driscoll that the next regular Council meeting be scheduled for Tuesday, July 6, 1971, as the regular scheduled meeting date of July 5, 1971 is a legal holiday. Ayes, all; Nays, none. The next matter for consideration was the proposed rezoning of