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CITY OF HASTINGS
COUNCIL MEETING
7:00 P.M.
Monday
DATE: October 19, 1998
I. CALL TO ORDER:
II. ROLL CALL:
III. DETERMINATION OF QUORUM:
PRESENTATION: Pool Committee Fundraising Presentation
IV. APPROVAL OF MINUTES:
Approval of Minutes of the Regular Meeting of October 5, 1998
V. COUNCIL ITEMS TO BE CONSIDERED:
VI. CONSENT AGENDA:
The items on the consent agenda are to be acted upon by the City
Council in a single motion, There will be no discussion of these items
unless a Councilmember or citizen so requests, in which event the item
will be removed from the Consent Agenda to the appropriate department.
1. Pay All Bills as Audited
2. Authorization to Solicit Bids for the Procurement of One 15-16 Passenger
Bus for TRAC
3, Resolution- Metropolitan Liveable Communities
4, Resolution- Dakota County Water Resources Awareness Week
5. 1998 Transfers/Adjustments
6. Resolutions- Application for Renewal of Premises Permit for Lawful
Gambling at Friar Tucks, 1840 Vermillion Street & RJs Tavern, 106
Second Street East- Renewal- Outreach Six Acres
7, Civic Arena Pay Request
1,} Graus Contracting, Inc. (#16) $ 1,135.76
2,} Don Zappa & Sons Excavating (#16) $ 7,368.97 Final
3.} Arkays Service (#16) $ 2,067.00 Final
4.} Kellington Construction (#16) $14,757.98 Final
5.} Fabcon, Inc, (#14) $ 743.50
(#16) $ 8,827,90 Final
6,} Listullndustrial (#16) $ 690.41 Final
7,} Merrimac Construction (#16) $ 7,02 Final
8,} Bartley Sales Co., Inc, (#14) $ 1,781.75
(#16) $ 593.00 Final
9.} Carciofini Caulking (#16) $ 278,30 Final
10.} Bredemus Hardware Co. (#14) $ (7,60)
(#16) $ 1,742,25 Final
11,} Hoffers, Inc. (#16) $ 87.80 Final
12.} Twin City Garage Door (#16) $ 232,25 Final
13.} Skillman Painting (#16) $ 1,377,75 Final
14,} Swanson Plumbing & Heating (#14) $ 1,481,20
(#16) $ 30,589,34
15,} Miller Electric (#14) $ 2,375.00
-Continued-
VI. CONSENT AGENDA: (Continued)
8. Civic Arena Change Orders
A. Miller Electric, Inc.-$1,214.00
B. Kellington Construction-$3,433.75
9. Order Feasibility Study- Bohlken 5th Addition
10. Approve Change Order #1, Elevated Water Storage Tank
11. Pay Estimate #5, 1998 Street & Utility Improvement Program, Richard
Knutson, Inc., $184,716.63
12. Schedule Public Hearing for November 2, 1998- Alley Vacation- Alley Block
8, Barker's Addition
13. Approve Change Order, Outdoor Pool Lighting
14. Industrial Park- Registered Land Survey
VII. AWARDING OF CONTRACTS AND PUBLIC HEARING:
1. Public Hearing- Delinquent Billings to be Assessed
2. Public Hearing-Tax Exempt Bonds for Augustana Homes
3. Award Contract- Water System SCADA Controls
4. Award Contract- Booster Pump Station and Pumphouse Improvements
VIII. REPORTS FROM CITY STAFF:
A. Public Works Director
B. Community Development Director
C. Administrator
1, Resolution: Approval of Tax Exempt Bonds for Augustana Homes
2. Resolution: Authorize Fees for Augustana Homes Tax Exempt
Bonding Issue
3. Resolution: Authorize Certification of Special Assessments for
Delinquent Utility Bills and "Dutch Elm"
4, Selection of Audit Firm for 1998, 1999 and 2000 Financial Audit
5. Approve Aquatic Center Manager Position Description & Authorize
Advertisement for Applicants
6, Snow Removal Agreement
7. Senior Center Lease Purchase Agreement with City HRA
8. Authorization to Enter Into an Agreement with Dakota County to
Arrange for the Purchase, Use and Maintenance of an Electronic
Voting System
IX. COMMENTS FROM AUDIENCE:
X. UNFINISHED BUSINESS:
XI. NEW BUSINESS:
XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS:
XIII. ADJOURNMENT
Next Regular Meeting on Monday, November 2, 1998
Next Special Meeting to Canvass Election Results on Wednesday, November 4, 1998
Hastings, Minnesota
October 5, 1998
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday,
October 5, 1998 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings,
Minnesota.
Members Present: Councilmember Yandrasits, Riveness, Johnson, Simacek, Hicks,
Moratzka & Mayor Werner
Members Absent: None
Staff Members Present:
Dave Osberg, City Administrator;
Matt Weiland, Zoning Administrator;
Tom Montgomery, Public Works Director;
Joyce P. Hottinger, Administrative Assistant/City Clerk;
and Shawn Moynihan, City Attorney
Approval of Minutes
Mayor Werner asked whether there were any corrections or additions to the regular meeting
of September 21, 1998 and hearing none approved the minutes as presented.
Consent Agenda
Moved by Councilmember Simacek, seconded by Councilmember Hicks, to approve the
Consent Agenda as presented.
1. Pay All Bills as Audited
2. Civic Arena Change Orders
a.) Miller Electric
b.) Gartner Refrigeration
3. Civic Arena Payment - Bartley Sales
4. Block Off2nd Street for Thanksgiving Day Morning Fundraising Race
5. Authorize Utilization of Services of Hoisington Koegler for Planning Consulting Services
6. Juvenile Accountability Incentive Block Grant Program
7. Swimming Pool- Change Order 2-1, Change Order 2-2
8. Election Judges for General Election and Schedule Special Meeting on Wednesday,
November 4, 1998 at 5:00 p.m. to Canvass Election Results
9. Application for Off-Sale 3,2% Non-Intoxicating Malt Liquor License-Linn Retail Center
10. 1998 Transfers, Closing of Funds, and Budget Adjustments
11. Order Feasibility Studies
~ Resolution No. 10-01-98-4'h St. from Highway 61 to Pleasant Dr.
~ Resolution No. 10-02-98-Featherstone Road from East Property Line of Summit
Point Addition to West City Limits
~ Resolution No. 10-03-98-Forest St. from 15th St. to 17th St.
~ Resolution No. 10-04-98-Hampton Bank Alley Between 15th & 16th Streets
Copy of resolutions on file.
Hastines City Council Minutes for the Regular Meeting of October 5. 1998
Page 2 of 4
12. Resolution No. 10-05-98-Prohibiting Truck Traffic on Eddy Street between 14th & 15th
Streets
13. Order Public Hearing for Dutch Elm and Delinquent Utility Bills
14. Pay Estimate #9, 1997 Street & Utility Improvernents, Richard Knutson, Inc" $11,500.01
7 Ayes; Nays, None.
Public Hearing-Ordinance-Rezone South Yz Block 18
Mayor Werner opened the Public Hearing at 7:01 p.m., and Zoning Administrator Matt
Weiland introduced the item. Mayor Werner asked if there were any public comments on the
rezoning and Bill Sylvander, on behalf of his father who resides at 315 3rd St., expressed concerns
about rezoning Lot 5, currently operating as a commercial use, to R-2, Medium Density Residence
zoning. Mr. Sylvander further stated that portions of the block that are currently operating as
cornmercial should stay commercially zoned. Zoning Administrator Matt Weiland noted he had
received no opposition from property owners along Block 18.
Mayor Werner asked if there was any additional public comments on the rezoning, and
hearing none, closed the public hearing at 7:14 p.m.
Public Hearing Resolution Vacate Barker Alley
Mayor Werner opened the Public Hearing at 7:14 p.m. Zoning Administrator Matt Weiland
introduced the item. Mayor Werner asked if there were any public comment on the vacation, and
hearing none closed the public hearing at 7:15 p.m.
Request for 4-Way STOP at Ramsey and 6th Streets
Public Works Director Tom Montgomery introduced the item. Councilmember Yandrasits
stated she supported an all-way stop at the intersection of 6th and Ramsey Streets based on the
extensive parking on both sides of the street limiting visibility, strong support for the all-way STOP
from neighbors, and no current all-way STOP crossing available between 2nd and 10th Streets,
Moved by Mayor Werner, seconded by Councilmember Simacek, to table the issue until
November 2,1998, to provide Staff the opportunity to survey traffic speeds at 6th and Ramsey and
to provide options for traffic calming alternatives.
6 Ayes; Nays, 1 (Yandrasits).
Resolution No. 10-06-98-Resolution Declaring Cost to be Assessed for the 1996 Street & Utility
Improvements & Ordering a Public Hearing on the Proposed Assessment;
Resolution No. 10-07-98 Declaring costs to be Assessed for the CR #42 Improvements &
Ordering a Public Hearing on the Proposed Assessment;
Resolution No. 10-08-98-Resolution Declaring Costs to be Assessed for the 1997 Street &
Utility Improvements & Ordering a Public Hearing on the Proposed Assessment
Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to approve
Resolution No, 10-06-98, 1996 Improvement Program; Resolution No.1 0-08-98, 1997 Improvement
Program; Resolution No. 10-07-98, CR #42 Improvements; and to set a date for assessment hearings
by calling a special meeting for November 9, 1998.
7 Ayes; Nays, None. Copy of resolution on file.
Hastings City Council Minutes for the Regular Meeting of October 5. 1998
Page 2 of 4
Ordinance No. 438-2ndlFinal Reading-Rezoning South Y. Block 18
Moved by Councilmember Yandrasits, seconded by Councilmember Hicks, to approve
Ordinance No. 438 an Ordinance amending Section 10.01, Subdivision 1 of the City Code rezoning
the South Y. Block of 18 from C-3 Community Regional Commerce to R-2 Medium Density
Residence.
7 Ayes; Nays, None.
Resolution No. 10-09-98-Vacate Barker Alley
Moved by Councilmember Simacek, seconded by Councilmember Hicks, to approve
Resolution No. 10-09-98, a resolution vacating the unimproved Barker Street ROW described as
commencing at the northwest corner of Lot 5, Block 11, Barkers Addition, extending north a
distance of 10 feet, continuing west for a distance of33 feet, continuing south for a distance of 10,
and continuing east for a distance of33 feet back to the point of beginning, as dedicated in the Plat
of Barkers Addition on file and of record in the office of the County Recorder, Dakota County,
Minnesota.
7 Ayes; Nays, None. Copy of resolution on file.
House Moving - 535 6th Street West
Moved by Councilmember Simacek, seconded by Councilmember Riveness, to authorize
issuance in moving and building permits to allow the home included in a proposal from Pat
O'ConnorlBrian Hanson to be moved to Lot 4, Block 42, Addition 13 to the City of Hastings subject
to the following conditions:
1, Compliance with all applicable City code requirements including, but not limited to; City
Code Chapter 4 (Construction Regulations) and City Code Chapter 18 (Property
Maintenance Ordinance)
2, The applicant shall add a small front porch to the front of the home. The designs for the
porch shall be approved by the Community Development Director as part of the building
permit process.
3. That all exterior site work on the structure and site be completed within six months from the
date of permit issuance, This exterior work shall include painting the house and adding
shutters to windows visible from the street.
4, That the home be sided in order to save as many trees as possible.
5. That the applicant use rock face block for the foundation.
6. That the applicant plant foundation landscaping.
7. The applicant add an egress window to the basement.
7 Ayes; Nays, None.
Site Plan Review (Regina Office Expansion)
Moved by Councilmember Hicks, seconded by Councilmember Johnson, to approve the site
plan for the Regina Medical Office expansion subject to the following conditions:
1. The proposed structure and accessory items including, but not limited to, the parking lot and
landscaping shall be completed pursuant to the approved site plan. Upon request for
occupancy of the building, all uncompleted items contained within the site plan shall be
addressed pursuant to City code escrow requirements,
7 Ayes; Nays, None.
Hastings City Council Minutes for the Regular Meeting of October 5. 1998
Page 2 of 4
Resolution No. 10-10-98-Senior Center Acquisition
Moved by Councilmember Moratzka, seconded by Councilmember Hicks, to approve
Resolution No. 10-10-98, stating the City's intent to enter into a Lease Purchase Agreement with the
City Housing & Redevelopment Authority for acquisition of the Carpetland facility for the Senior
Center, and the intent to amend Joint Powers Agreement with School District to share costs
associated with Senior Center.
7 Ayes; Nays, None. Copy of resolution on file.
Comments from Audience
There were no comments from the audience.
Adjournment
Moved by Councilmember Hicks, seconded by Councilmember Simacek, to adjourn the
regular City Council meeting at 7:31 p.m.
7 Ayes; Nays, None,
ATTEST
Mayor
City Clerk
MEMO
Date:
October 14, 1998
To:
~a~or d City. Councilmembers
m ://!!Z;t0rl<'U..J
Ma.rt)l cNamara
From:
Subject:
Pool Committee Fundraising Presentation
The Chairman of the Swimming Pool Committee, Turney Hazlet, will attend the City Council
meeting on Monday October 19, 1998 with the intent to present a check in the amount $70,000
for the outdoor swimming pool project. You might recall that the Swimming Pool Committee
fundraising efforts has already resulted in the addition of the drop slide to the project which was in
the amount of $32,872,00, Also, the City Council approved additional electrical work for the
outdoor lighting in the amount of$26,000. Now the Swimming Pool Committee would like the
Council to approve completing the outdoor lighting at the swimming pool which would be an
extra cost of approximately $20,000, This would be a total of approximately $78,872.00 in
fundraising money for these alternates to be completed. The Swimming Pool Committee has over
$80,000 in their fundraising account and will be making the remainder of the donation at a later
date.
If you have any questions regarding this matter please contact me 480-2344. Thank you.
jt
VI-1
DATE 10/15/98 TIME 03:11
CITY OF HASTINGS
COUNCIL REPORT PAGE
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENOOR NAME
DESCRIPTION
DEPT.
AMOUNT
BEST BUY CO., INC. DIGITAL CAMERA -------- 543.67
BEST BUY CO., INC, DIGITAL CAMERA -------- 32.74
BOLTON & MENK INC INSP SUMMIT PT GRADING -------- 307.50
BOLTON & MENK INC INSP WALLIN 7TH ~.._.__. 3,907.11
BOLTON & MENK INC INSP SUNSET WEST 2ND .------. 2,845.00
BOLTON & MENK INC INSP WALLIN 6TH -------- 330.00
DAKOTA COUNTY SOIL/WATER SEWERT -------- 400.00
DAKOTA COUNTY SOIL/WATER BOHLKEN -------- 135.00
DAKOTA COUNTY SOIL/WATER WALLIN -------- 213,75
HASTINGS FIRE RELIEF ASSN 98 FIRE STATE AID ALLOCA -------- 78,288.00
MCES SEPT SAC REPORT -------- 17,869.50
OLSON, JIM TOKENS RETURNED -- - -- -- - 12,00
*** TOTAL FOR OEPT 00 104,884.27
LEAGUE OF MN CITIES 98-99 DUES LEGISLAT 8,885.00
*** TOTAL FOR OEPT 01 8,885.00
A T & T SEPT LONG DISTANCE ADMINIST 34.82
A T & T SEPT LONG DISTANCE ADMINIST 1.63
BT OFFICE PRODUCTS INT'L. PAPER/BOXES/CLIPS/PENS ADMINIST 555.55
BT OFFICE PRODUCTS INT'L. PAPER/BOXES/CLIPS/PENS AOMINIST 36.11
BT OFFICE PRODUCTS INT'L. RETURN DEFECTIVE TAPES ADMINIST 22.29-
BT OFFICE PRODUCTS INT'L. RETURN DEFECTIVE TAPES AOMINIST 1.45-
BT OFFICE PRODUCTS INT'L. PAPER AOMINIST 39.97
BT OFFICE PRODUCTS INT'L. PAPER ADMINIST 2.60
BT OFFICE PRODUCTS I NT' L. PAPER/FOLDERS/DISKS AOMINIST 155.21
BT OFFICE PRODUCTS INT'L. PAPER/FOLDERS/DISKS AOMINIST 10.09
BT OFFICE PRODUCTS INT'L. INDEX TABS AOMINIST 23.90
BT OFFICE PRODUCTS INT'L. INDEX TABS ADMINIST 1.55
BT OFFICE PRODUCTS INT'L. LABELS ADMINIST 48.94
BT OFFICE PRODUCTS INT'L. LABELS AOMINIST 3.18
SCANTRON SERVICE GROUP PRINTER RIBBONS AOMINIST 58.52
SCANTRON SERVICE GROUP PRINTER RIBBONS ADHINIST 3,59
GRAPHIC DESIGN MAl LI NG LABELS AOMINIST 75.00
GRAPHIC DESIGN MAILING LABELS AOMINIST 4.88
GRAPHIC DESIGN PROPERTY DESC. CARDS AOMINIST 35.00
GRAPHIC DESIGN PROPERTY OESC. CARDS AOMINIST 2,28
IKON OFFICE SOLUTIONS COpy MACH 9/26-10/26/98 AOHINIST 759.54
IKON OFFICE SOLUTIONS FAX MACH 9/28-10/28/98 ADMINIST 43.66
MAB ENTERPRISES INC POCKET MASKS ADHINIST 293 .75
HAB ENTERPRISES INC POCKET MASKS ADMINIST 4,01
NEOPOST LEASING OCT-JAN POSTAGE METER ADHINIST 660.59
NEOPOST LEASING OCT-JAN POSTAGE METER ADHINIST 30.90
OSBERG, DAVID M. MICROSOFT OFFICE 97 ADHINIST 31.94
*** TOTAL FOR DEPT 02 2,893.47
EMILY'S COOKIES/ROLLS ELECTION 53.80
HOTTINGER, JOYCE p, MILEAGE-WASH CO ELECTION 14,30
SCHROEDER, ADEll NE MILEAGE ELECTION 13.00
*** TOTAL FOR DEPT 04 81.10
COMMERCIAL REPAIR SERVICE TIMER ASSEMBLY CITY HAL 64,73
COMMERCIAL REPAIR SERVICE TIMER ASSEMBLY CITY HAL 3,75
DATE 10/15/98 TIME 03:11
CITY OF HASTINGS
COUNCIL REPORT PAGE
2
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENDOR NAME
DESCRIPTION
____a___ _________________________ ________________________ ___.____ _____._____
AMOUNT
DAKOTA ELECTRIC ASSN SEPT ELECTRIC
DAKOTA ELECTRIC ASSN SEPT ELECTRIC
ECOLAB PEST ELIM.DIVISION BIRDS - CONTRACT
ECOLAB PEST ELIM.DIVISION BIRDS - CONTRACT
FARMER BROS CO. COFFEE
GENERAL OFFICE PRODUCTS CUSTOM TACKBOARD
GENERAL OFFICE PRODUCTS CUSTOM TACKBOARD
ACE HARDI/ARE COVER FCT HOLE CHRM
ACE HARDI/ARE COVER FCT HOLE CHRM
ACE HARDI/ARE COVER FCT HOLE CHRM
ACE HARDI/ARE COVER FCT HOLE CHRM
JOHNSTONE SUPPLY CONTROLLER
JOHNSTONE SUPPLY CONTROLLER
LIFEIIORKS SERVICES INC. SEPT JANITORIAL SVC
LIFEIIORKS SERVICES INC. SEPT JANITORIAL SVC
MOTOR PARTS SERVICE CO FILTERS
MOTOR PARTS SERVICE CO FILTERS
MOTOR PARTS SERVICE CO FUEL HOSE
MOTOR PARTS SERVICE CO FUEL HOSE
REIS,INC BELT
REIS,INC BElT
REIS.INC BOLTS
REIS,INC BOLTS
REIS,INC OIL
REIS,INC OIL
REIS,INC PINE SOL
REIS,INC PINE SOL
REIS,INC SCREI/S
REIS.INC SCREI/S
REIS.INC PLUG INS
REIS,INC PLUG INS
REIS.INC CLR/COFFEEMAKER CLEANER
REIS.INC CLR/COFFEEMAKER CLEANER
REIS.INC SCREI/S
REIS,INC SCREI/S
DARLENE OHLHAUSER OCT 98 CH CLEANING
DARLENE OHLHAUSER OCT 98 CH CLEANING
DARLENE OHLHAUSER OCT 98 PO CLEANING
DARLENE OHLHAUSER OCT 98 PO CLEANING
I/AL MART STORE #01-1472 GARAGE SUPPLIES
I/AL MART STORE #01-1472 GARAGE SUPPLIES
*** TOTAL FOR DEPT 08
PAUL OHLIN
PAUL OHLIN
A T & T
A T & T
CY'S UNIFORMS, INC.
OAKOTA COUNTY SHERIFF
FAIR OFFICE IIORLD
FAIR OFFICE IIORLD
IKON OFFICE SOLUTIONS
IKON OFFICE SOLUTIONS
BA HERY
BA HERY
SEPT LONG DISTANCE
SEPT LONG DISTANCE
DUTY PANTS
MDT REPAIRS
KNP PORTFOLIO BINDERS
KNP PORTFOLIO BINDERS
SAVIN DIGITAL COPIER
SAVIN DIGITAL COPIER
DEPT.
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
. CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
2,895.87
POLICE
POll CE
POll CE
POll CE
POll CE
POLICE
POLICE
POll CE
POll CE
POLICE
16.21
1.05
69.00
4.49
66.03
221.33
5.29
7.17
0.47
33.46
2.17
146.37
9.21
30.62
1.99
9.50
0.62
5.40
0.36
4.59
0.30
1.00
0.07
7.14
0.46
12.59
0.82
1.60
0,10
6.78
0,44
12.95
0.84
1.00
0.07
1,000.00
65.00
1,000.00
65.00
14.93
0.97
61.59
3.65
152.73
9,64
126,75
194.05
35.00
2.28
9,637.00
626.41
DATE 10/15/98 TIME 03:11
CITY OF HASTINGS
CooNCI L REPORT PAGE
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENDOR NAME
DESCRIPTION
DEPT.
JOHNSON, DOROTHY COMM ED CLASSES POll CE
JOHNSON, DOROTHY UNIFORM CLOTHING POLICE
K&K JUMP START/CHARGER BATTERY CHARGER POLICE
LAW ENFORCEMENT COMMITTEE SUMMIT ON HATE CRIMES POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC, OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. HEAD LAMP POLICE
BIRCHEN ENTERPRISES INC, HEAD LAMP POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC, OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC, TIRES/ALIGNMENT/PLUGS POLICE
BIRCHEN ENTERPRISES INC. TIRES/ALIGNMENT/PLUGS POLICE
BIRCHEN ENTERPRISES INC. 2 TIRES POLICE
BIRCHEN ENTERPR I SES I NC. 2 TI RES POll CE
BIRCHEN ENTERPRISES INC. STARTER/HOUSING POLICE
BIRCHEN ENTERPRISES INC. STARTER/HOUSING POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE/FILTER POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE/FILTER POLICE
BIRCHEN ENTERPRISES INC. TIRE POLICE
BIRCHEN ENTERPRISES INC. TIRE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
MN CHIEFS OF POLICE ASSN GUN PERMIT FORMS POLICE
MN CHIEFS OF POLICE ASSN GUN PERMIT FORMS POLICE
MN OEPT OF PUBLIC SAFETY CJDN CONNECT POLICE
MN DEPT OF PUBLIC SAFETY TID'S-HTS,HTU POLICE
NORNES, STEPHANIE GEOCITIES/AOL SEPT POLICE
NORNES, STEPHANIE BLOUSES POLICE
PAGING NETWORK OF MN, INC PAGER SERVICE POLICE
PAGING NETWORK OF MN, INC PAGER SERVICE POLICE
JOHN PARENTEAU BAUM LUMBAR LATEX BULB POLICE
REG I NA MED I CAL CENTER LAB POll CE
SAMARITAN TIRE CO INC. SNOW TIRES POLICE
SAMARITAN TIRE CO INC, SNOW TIRES POLICE
SAVE A LIFE RESCUE EQUIPMENT POLICE
STOUDT, CHARLOTTE MILEAGE DC RECORDS MTG POLICE
TECH PARTNERS MAINT CONTRACT POLICE
AIRTOUCH CELLULAR CELL PHONE SVC THRU 9/20 POLICE
AIRTOUCH CELLULAR CELL PHONE SVC THRU 9/20 POLICE
WAL MART STORE #01-1472 BATTERIES/TAPES POLICE
WAL MART STORE #01-1472 BATTERIES/TAPES POLICE
WAL MART STORE #01-1472 BATTERIES POLICE
WAL MART STORE #01-1472 BATTERIES POLICE
WAL MART STORE #01-1472 LAMP/TAPES/BATTERIES POLICE
WAL MART STORE #01-1472 LAMP/TAPES/BATTERIES POLICE
WAL MART STORE #01-1472 TAPES POLICE
WAL MART STORE #01-1472 TAPES POLICE
WAL MART STORE #01-1472 MICRO RECORDER POLICE
WAL MART STORE #01-1472 MICRO RECORDER POLICE
3
AMOUNT
48.00
144.96
13.18
25.00
15.45
0.91
17.49
0.84
15.45
0.91
174.50
9.94
129.50
7.01
229.95
12.02
15.45
0.91
28.40
1. 75
64.95
3.51
15.45
0.91
15.45
0.91
24.00
1.43
150.00
240.00
26.90
49.07
199.20
12.69
15.00
37.50
277 .44
18.03
312.00
12,68
258,00
342.95
40.20
51.76
3.36
12,84
0,83
35.39
2,30
43,23
2,81
39,96
2,60
DATE lD/15/98 TIME 03:11
CHECK# VENDOR NAME
CITY OF HASTINGS
COUNCIL REPORT PAGE
4
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
DESCRIPTION
DEPT.
AMOUNT
-------- ------------------------- ------------------------ -------- -----------
WASYLIK, NICHOLAS ORAL BOARD LUNCH
WEST PUBLISHING CORP MN CRIMINAL LAW
*** TOTAL FOR DEPT 21
AMERIPRIDE APPAREL/PAPER
AMERIPRIDE APPAREL/PAPER
ASPEN MILLS
ASPEN MILLS
A T & T
A T & T
AUTO DOCTOR
BUMPER TO BUMPER
CUSTOM FIRE APPARATUS
CUSTOM FIRE APPARATUS
CUSTOM FIRE APPARATUS
CUSTOM FIRE APPARATUS
DANKO EMERGENCY EQUIP CO
DANKO EMERGENCY EQUIP CO
DANKO EMERGENCY EQUIP CO
DANKO EMERGENCY EQUIP CO
DANKO EMERGENCY EQUIP CO
DANKO EMERGENCY EQUIP CO
FOLSOM'S COMMUNICATIONS
GALLS, INC.
GALLS, INC.
GERRY'S FIRE PROTECTION
GERRY'S FIRE PROTECTION
GRAPHIC DESIGN
GRAPHIC DESIGN
HASTINGS FORD-JEEP-EAGLE
HASTINGS FORD-JEEP-EAGLE
HENNEPIN TECH COLLEGE
HENNEPIN TECH COLLEGE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
LASERSHARP/LASERCARE
LASERSHARP/LASERCARE
LATCH. DONALD
BIRCHEN ENTERPRISES INC,
BIRCHEN ENTERPRISES INC,
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
POLICE 53.73
POLICE 49.95
14,157.75
TOWEL SERVICE FIRE
TOWEL SERVICE FIRE
UNIFORMS FIRE
UNIFORMS FIRE
SEPT LONG DISTANCE FIRE
SEPT LONG DISTANCE FIRE
MUFFLER/EXHAUST PIPE FIRE
STEERING DAMPER FIRE
PUMP TESTS/REPAIRS FIRE
PUMP TESTS/REPAIRS FIRE
PUMP TESTS/REPAIRS FIRE
PUMP TESTS/REPAIRS FIRE
10' QUAD POD FIRE
10' QUAD POD FIRE
LIFELINE BAGS FIRE
LIFELINE BAGS FIRE
HARD HAT FIRE
HARD HAT FIRE
RADIO REPAIRS FIRE
SAFETY BOOTS FIRE
LACE UP ZIPPER FIRE
HYDRO TEST CYLINDERS FIRE
HYDRO TEST CYLINDERS FIRE
ENVELOPES FIRE
ENVELOPES FIRE
IDLE AIR CONTROL VALVE FIRE
IDLE AIR CONTROL VALVE FIRE
OPERATONAL HAZ MATERIALS FIRE
MNSCU CREDIT FIRE
BULBS/KEYS FIRE
BULBS/KEYS FIRE
BULBS FIRE
BULBS FIRE
POWER STRIP FIRE
POWER STRIP FIRE
BOLTS/WASHERS/NUTS FIRE
BOLTS/WASHERS/NUTS FIRE
TRASH BAGS/GLOVES FIRE
TRASH BAGS/GLOVES FIRE
PRINTER CARTRIDGE FIRE
PRINTER CARTRIDGE FIRE
IAFC CONFERENCE FIRE
STARTER - FIRE DEPT FIRE
PS REPAIRS - FIRE DEPT FIRE
AIR FILTER FIRE
AIR FILTER FIRE
FILTERS FIRE
FILTERS FIRE
FILTERS FIRE
17,15
1.11
26.50
674.31
32.85
2.07
201.50
48.31
714.50
1,514.45
1,340.75
2,449.60
1,123.63
71. 50
48.85
2.86
64.50
3,90
117.18
82.04
10.93
648,00
4.68
50.00
3.25
186.72
3.n
1,574.93
566.00-
19.14
1.24
97.99
6.37
2.n
0.18
4.56
0.30
13.16
0.86
79,00
5,14
891.99
249.95
74.90
9.82
0.64
32.74
36,20
7,64
D^T~ 10(15(96 TIM~ 03;11
~ITY Of "^STIN~S
~OUN~IL REPORT PAGE
5
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENDOR NAME
DESCRIPTION
-------- ------------------------- ------------.----------- -------- -----------
AMOUNT
DEPT.
MOTOR PARTS SERVICE CO FILTERS FIRE
MOTOR PARTS SERVICE CO FILTERS FIRE
NAT'L ASSN OF EMERGENCY ANNUAL MEMBERSHIP FIRE
NORTHERN STATES P~ER SEPT ELECTRIC FIRE
NORTHERN STATES P~ER SEPT ELECTRIC FIRE
TWIN CITY ~ARAGE DOOR CO DOOR REPAIRS FIRE
TWIN CITY GARAGE DOOR CO DOOR REPAIRS FIRE
U.S. POSTMASTER STAMPED ENVELOPES FIRE
AIRTOUCH CELLULAR CELL PHONE SVC THRU 9/20 FIRE
AIRTOUCH CELLULAR CELL PHONE SVC THRU 9/20 FIRE
WAL MART STORE #01-1472 FILM/CALCULATORS FIRE
WAL MART STORE #01-1472 FILM/CALCULATORS FIRE
WAL MART STORE #01-1472 PHONE BATT FIRE
WAL MART STORE #01-1472 PHONE BATT FIRE
WAL MART STORE #01-1472 CALCULATOR FIRE
WAL MART STORE #01-1472 CALCULATOR FIRE
WAL MART STORE #01-1472 FOIL/BAGS/WRAP/TAPE FIRE
WAL MART STORE #01-1472 FOIL(BAGS/WRAP/TAPE FIRE
WAL MART STORE #01-1472 SPONGE/MARKER/TRASH BAGS FIRE
WAL MART STORE #01-1472 SPONGE/MARKER/TRASH BAGS FIRE
WAL MART STORE #01-1472 LAUNDRY DET/BLEACH FIRE
WAL MART STORE #01-1472 LAUNDRY DET/BLEACH FIRE
WAL MART STORE #01-1472 AMB SUPPLIES FIRE
XEROX CORPORATION COPIER LEASE FIRE
XEROX CORPORATION COPIER LEASE FIRE
*** TOTAL FOR DEPT 22 13,911.15
BLUE CROSS & BLUE SHIELD OVERPMT J HAAS
MAB ENTERPRISES INC SUCTION UNIT BRACKET
MAB ENTERPRISES INC AMB SUPPLIES
MOTOR PARTS SERVICE CO AIR FILTER
MOTOR PARTS SERVICE CO AIR FILTER
PRAXAIR DISTRIBUTION INC. OXYGEN
PRAXAIR DISTRIBUTION INC, OXYGEN
REGIONS HOSPITAL AMB SUPPLIES
TRAUMA-MED, INC. HEAD IMMOBILIZER
*** TOTAL FOR DEPT 23
BELTZ, JEFFREY H. OCT 98 ANIMAL CONTROL
*** TOTAL FOR DEPT 27
NAT'L SOCIETY PROF.ENGIN. ANNUAL OUES
*** TOTAL FOR DEPT 31
15.28
1,00
35.00
688.25
44.74
176.00
1.43
346.00
115.71
12.30
58.27
3.79
14.96
0.97
8.93
0.58
93.25
6.06
31.30
2.03
35.45
2.30
84.25
136, 03
8.84
AMBULANC 182.60
AMBULANC 117,80
AMBULANC 61.30
AMBULANC 40,52
AMBULANC 2.64
AMBULANC 110,90
AMBULANC 80.03
AMBULANC 45.50
AMBULANC 149,12
790,41
ANIMAL C 1,000.00
1,000.00
ENGINEER 226.00
226.00
ANDERSEN, E. F. & ASSOC. HANDICAPPED SIGN STREETS 67.20
ANDERSEN, E.F. & ASSOC. HANDICAPPED SIGN STREETS 4.37
ANDERSEN, E.F. & ASSOC. STREET NAME SIGNS STREETS 90,90
ANDERSEN, E.F, & ASSOC, STREET NAME SIGNS STREETS 5.91
ANDERSEN, E.F, & ASSOC, DEAO END SIGNS STREETS 76,40
ANOERSEN, E.F. & ASSOC. OEAO END SIGNS STREETS 4,97
ASPEN EQUIPMENT CO CABLE & MATS FOR ROLLER STREETS 58,08
ASPEN EQUIPMENT CO CABLE & MATS FOR ROLLER STREETS 3,78
A T & T SEPT LONG DISTANCE STREETS 14,94
DATE 10/15/98 TIME 03:11
CHECK# VENDOR NAME
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
DESCRIPTION
COUNCIL REPORT PAGE
DEPT.
6
-------- ------------------------- ------------------------ -------- -----------
AMOUNT
A T & T
BAHLS SERVICE
BAHLS SERVICE
BAHLS SERVICE
BAHLS SERVICE
BUMPER TO BUMPER
BUMPER TO BUMPER
BUMPER TO BUMPER
BUMPER TO BUMPER
CEMSTONE PRODUCTS CO.
COMMERCIAL ASPHALT CO
COMMERCIAL ASPHALT CO
DIAMOND VOGEL PAINT CTR.
DIAMOND VOGEL PAINT CTR.
INFRARED HEATING SALES
INFRARED HEATING SALES
ACE HAROWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HAROWARE
LAKELANO TRUCK CENTER
LAKE LAND TRUCK CENTER
LAKE LAND TRUCK CENTER
LAKE LAND TRUCK CENTER
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
MIDWEST MACHINERY, INC.
MIDWEST MACHINERY, INC.
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
NIEBER IMPLEMENT CO
NIEBER IMPLEMENT CO
NIEBER IMPLEMENT CO
PINE BEND PAVING. INC.
PINE BEND PAVING, INC.
RED WING SERVICE CO.
RED WING SERVICE CO.
REIS,INC
REIS,INC
SHERWIN-WILLIAMS
SHERWIN-WILLIAMS
SHERWIN-WILLIAMS
SHERWIN-WILLIAMS
THERMOGAS CO OF HASTINGS
THERMOGAS CO OF HASTINGS
SEPT LONG DISTANCE
TI RE PLUG
TIRE PLUG
WASHERS
WASHERS
BATTERY POST CLEANER
BATTERY POST CLEANER
FLODR MATS
FLOOR MATS
1 YO CONCRETE
TACK OIL
TACK OIL
STREET PAINT
STREET PAINT
HEATING FILTERS
HEATING FILTERS
SPRAY PAINT
SPRAY PAINT
HOOK CLEVIS
HOOK CLEVIS
PAINT SUPPLIES
PAINT SUPPLIES
SPRAY PAINT
SPRAY PAINT
CHALK LI NE
CHALK LI NE
SEAT ARM
SEAT ARM
SWITCH
SWITCH
CHAIN OIL-STREET DEPT
CHAIN OIL-STREET DEPT
CABLE
CABLE
SHOP SUPPLIES
SHOP SUPPLI ES
STARTING FLUID
STARTI NG FLUID
SHARPEN CHAIN SAWS
GUARD
GUARD
BLACKTOP
BLACKTOP
ALARM REPAIRS
ALARM REPAIRS
LAG SCREWS
LAG SCREWS
SEAL
SEAL
PUMP REPAI R KIT
PUMP REPAI R KIT
HOSE
HOSE
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
0.94
9.00
0.20
3.26
0.21
6.80
0.44
32.34
2.10
65.23
44.00
2.86
264.90
18.54
226.80
14,74
5.49
0.36
23.98
1.56
5.36
0.35
7.18
0.47
13.58
0.88
24.13
1.57
33.76
2.19
7.58
0.50
60.56
3.60
66.16
4.31
2.24
0.15
22.50
17.94
1,17
163,53
10,63
90.00
5.85
4.74
0.31
6.50
0.42
79.50
5.17
17.20
1.12
PAT, 10(1~(9B TIME 03:11 ~ITr Qf ff^~T1NG~ GOONGll REPORT P~GE r
APPROVAL OF BILLS
PERIOD ENDING: lD{19/98
CHECK# VENDOR NAME DESCRIPTION DEPT_ AMOUNT
-------- -- ----- -- - ---- - --- - -- ---- ------------------------ -------- --.--------
THERMOGAS CO OF HASTINGS
THERMOGAS CO OF HASTINGS
TWIN CTY AREA LABOR MGNT
TWIN CITY GARAGE DOOR CO
TWIN CITY GARAGE DOOR CO
ZIEGLER, INC.
ZIEGLER, INC.
*** TOTAL
DAKOTA ELECTRIC ASSN
DAKOTA ELECTRIC ASSN
GRAYBAR ELECTRIC
GRAYBAR ELECTRIC
GRAYBAR ELECTRIC
GRAYBAR ELECTRIC
GRAYBAR ELECTRIC
GRAYBAR ELECTRIC
NORTHERN STATES POWER
NORTHERN STATES POWER
RADKE ELECTRIC
PROPANE
PROPANE
LMC TRNG-KANE
DOOR REPAIRS
DOOR REPAIRS
DRYER KIT/TRANS FLUID
DRYER KIT/TRANS FLUID
FOR DEPT 32
SEPT ELECTRIC
SEPT ELECTRIC
CEILING FAN
CEILING FAN
TRAFFIC LAMPS
TRAFFIC LAMPS
GE LAMPS/ST LIGHT HEADS
GE LAMPS/ST LIGHT HEADS
SEPT ELECTRIC
SEPT ELECTRIC
ST LIGHT REPAIRS
*** TOTAL FOR DEPT 33
HASTINGS STAR GAZETTE
METROPOLITAN CENTER FOR
*** TOTAL
NORTHERN
NORTHERN
STATES POWER
STATES POWER
*** TOTAL
BRAUN INTERTEC
NORTHERN STATES POWER
STOFFEL, RALPH
SPLASHTACULAR, INC,
*** TOTAL
ARROW BUILDING CENTER
ARROW BUILDING CENTER
A T & T
A T & T
TRUGREEN CHEMLAWN
TRUGREEN CHEMLAWN
TRUGREEN CHEMLAWN
TRUGREEN CHEMLAWN
TRUGREEN CHEMLAWN
TRUGREEN CHEMLAWN
GERLACH SERVICE,INC,
GERLACH SERVICE,INC,
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ACE HARDWARE
ORD #438 ZONING MAP
ADA TRAINING WRKSHOP
FOR DEPT 41
SEPT ELECTRIC
SEPT ELECTRIC
FOR DEPT 51
SOIL & COMPACT lOIN
BURY LINES POOL PROJECT
FENCE LIONS PARK
WATERSLIDES PMT #1
FOR DEPT 52
STREETS 34.00
STREETS 2.21
STREETS 35.00
STREETS 138.20
STREETS 3.53
STREETS 370.34
STREETS 24.07
2,318,80
ST LIGHT 592.28
ST LIGHT 38.49
ST LIGHT 53.24
ST LIGHT 3.73
ST LIGHT 310.17
ST LIGHT 19.84
ST LIGHT 593.50
ST LIGHT 38,58
ST LIGHT 9,814.59
ST LIGHT 562,71
ST LIGHT 250,00
12,277.13
CITY CLE 24,36
CITY CLE 40.00
64.36
SWIM POO
SWIM POO
11.14
10.46
0.68
PK PROJE 3,594,50
PK PROJE 24,671,00
PK PROJE 8,950,00
PK PROJE 12,715.75
49,931,25
2X4X8" PK OPERA
2X4X8" PK OPERA
SEPT LONG DISTANCE PK OPERA
SEPT LONG DISTANCE PK OPERA
LAWN CHEMICALS PK OPERA
LAWN CHEMICALS PK OPERA
LAWN CHEMICALS PK OPERA
LAWN CHEMICALS PK OPERA
LAWN CHEMICALS PK OPERA
LAWN CHEMICALS PK OPERA
CARBURETOR KIT/FILTER PK OPERA
CARBURETOR KIT/FILTER PK OPERA
BRUSH/TAPE/BATTERY/BULBS PK OPERA
BRUSH/TAPE/BATTERY/BULBS PK OPERA
SPRAY RUSTSTOP PK OPERA
SPRAY RUSTSTOP PK OPERA
BOLTS PK OPERA
6.08
0.40
3.20
0.20
124.00
8.06
1,163.00
75,60
1,496.00
97.24
16,64
1.08
25,21
1,64
10,18
0,66
0.90
DATE 1D/15/98 TIME 03:11
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
COUNCIL REPORT PAGE
8
CHECK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
..------ ------------------------- ------------------------ -------- -----------
ACE HARDWARE BOL TS
ACE HARDWARE SNAP OPN EYE/CHAIN TWST
ACE HARDWARE SNAP OPN EYE/CHA I N TWST
ACE HARDWARE BOL TS
ACE HARDWARE BOL TS
ACE HARDWARE BOL TS
ACE HARDWARE BOLTS
ACE HARDWARE BOLTS
ACE HARDWARE BOL TS
LEEF BROTHERS. INC. TOWELS/MATS
LEEF BROTHERS, INC. TOWELS/MATS
MN RECREATION /PARK ASSOC MRPA CONF-MCNAMARA
MOTOR PARTS SERVICE CO OIL FILTER/LAMP
MOTOR PARTS SERVICE CO OIL FILTER/LAMP
MOTOR PARTS SERVICE CO DEGREASER
MOTOR PARTS SERVICE CO DEGREASER
MTI DISTRIBUTING COMPANY BREATHER CAP
MTI DISTRIBUTING COMPANY BREATHER CAP
NORTHERN STATES POWER SEPT ELECTRIC
NORTHERN STATES POWER SEPT ELECTRIC
ON SITE SANITATION VETS PARK
ON SITE SANITATION VETS PARK
ON SITE SANITATION ROADSIDE PARK
ON SITE SANITATION ROADSIDE PARK
ON SITE SANITATION VERMILLION FALLS PARK
ON SITE SANITATION CP ADAMS PARK
ON SITE SANITATION VERMILLION FALLS PARK
ON SITE SANITATION CP ADAMS PARK
PINE BEND PAVING, INC. OVERLAY TRAIL/BOAT RAMP
RED WING SERVICE CO. SECURITY VETS PARK
RED WING SERVICE CO. SECURITY VETS PARK
*** TOTAL FOR DEPT 53
BRADLEY & DEIKE PA
GROSSMAN, JOHN
RADKE ELECTRIC
TlMS, RICHARD
CARPETLAND PURCHASE HRA
MATERIAL FOR MET COUNCIL HRA
ELEC SVC OLIVER'S GROVE HRA
EARNEST MONEY CARPET LAND HRA
FOR DEPT 63
*** TOTAL
BRADLEY & DEIKE PA
DELMAR H. SCHWANZ, LAND
DWYER & ASSOCIATES
HASTINGS STAR GAZETTE
*** TOTAL
PURCH AGREEMENT EICHEN'S
SURVEY EICHEN'S PROPERTY
SURVEY PLAT FOR RLS
LAND SURVEY IND PK PH
FOR DEPT 64
GRAPHIC DESIGN
GRAPHIC DESIGN
SURVEY POST CARDS
SURVEY POST CARDS
FOR DEPT 69
*** TOTAL
A T & T SEPT LONG DISTANCE
A T & T SEPT LONG DISTANCE
CHAPIN CONSTRUCTION BLTN BID SCADA/PUMPHOUSE
COLOR LAB INC.(PHOTO FAIR FILM AND PROCESSING
PK OPERA 0.06
PK OPERA 2.96
PK OPERA 0,19
PK OPERA 1.72
PK OPERA 0.11
PK OPERA 0.61
PK OPERA 0.04
PK OPERA 0.99
PK OPERA 0.06
PK OPERA 36.08
PK OPERA 2.35
PK OPERA 250.00
PK OPERA 5.76
PK OPERA 0.38
PK OPERA 2,96
PK OPERA 0,20
PK OPERA 23.52
PK OPERA 1.33
PK OPERA 490.39
PK OPERA 31.88
PK OPERA 65.00
PK OPERA 0.65
PK OPERA 65.00
PK OPERA 0.65
PK OPERA 65.00
PK OPERA 65.00
PK OPERA 0.65
PK OPERA 0.65
PK OPERA 11,368.44
PK OPERA 276,00
PK OPERA 17.94
15,806,66
400.00
42.00
936.36
1,000.00
2,378.36
INDUSTRI 537.50
INDUSTRI 350.00
INDUSTRI 4,300.00
INDUSTRI 158.34
5,345,84
RECYCLE
RECYCLE
44,73
42.00
2.73
WATER
WATER
WATER
WATER
14.93
0.95
230,55
23.76
OAT~ 10/1~JOR TIM~ O!!11
CITY O~ WASTIUGS
COUUCIL Q~POQT PAC~
(1
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENDOR NAME
DESCRIPTION
DEPT.
----~--- ------------------------- ------------------------ -------- -----------
AMOUNT
COLOR LAB INC.(PHOTO FAIR FILM AND PROCESSING
DAKOTA ELECTRIC ASSN SEPT ELECTRIC
DAKOTA ELECTRIC ASSN SEPT ELECTRIC
GOPHER STATE ONE-CALL INC SEPT ONE CALL FEES
ACE HARDWARE AUGER/PARTS/KEY RING
ACE HARDWARE AUGER/PARTS/KEY RING
ACE HARDWARE HILLMAN FASTENERS
ACE HARDWARE HILLMAN FASTENERS
MEYER COMPANY BIBS
MOTOR PARTS SERVICE CO WHEEL SEAL/BRK CLNR
MOTOR PARTS SERVICE CO WHEEL SEAL/BRK CLNR
NORTHERN STATES POWER SEPT ELECTRIC
NORTHERN STATES POWER SEPT ELECTRIC
DARLENE OHLHAUSER OCT 98 PW CLEANING
DARLENE OHLHAUSER OCT 98 PW CLEANING
TKDA ENGINEERS WATER STORAGE TANKS ANT
TKDA ENGINEERS WATER STORAGE TANKS
TKDA ENGINEERS BOOSTER STATN/PUMPHOUSE
TKDA ENGINEERS SCADA SYSTEM
TKDA ENGINEERS PW GARAGE MASONARU BLK
TWIN CITY WATER CLINIC IN WATER ANALYSIS
WAL MART STORE #01-1472 PRINTER CARTRIDGES
WAL MART STORE #01-1472 PRINTER CARTRIDGES
WATER PRO METER PARTS
WATER PRO METER PARTS
WATER PRO METER PARTS
WATER PRO METER PARTS
ZEE MEDICAL SERVICES UPOATE FIRST AIO
ZEE MEDICAL SERVICES UPDATE FIRST AID
*** TOTAL FOR DEPT 70
DAKOTA ELECTRIC ASSN
DAKOTA ELECTRIC ASSN
MCES
NORTHERN STATES POWER
NORTHERN STATES POWER
*** TOTAL
A T & T
A T & T
BAHLS SERVICE
BAHLS SERVICE
BAHLS SERVICE
BAHLS SERVICE
BAHLS SERVICE
BUMPER TO BUMPER
BUMPER TO BUMPER
CARLSON AUTO TRUCK INC,
CARLSON AUTO TRUCK INC.
CARLSON AUTO TRUCK INC.
CARLSON AUTO TRUCK INC.
CARLSON AUTO TRUCK INC.
CARLSON AUTO TRUCK INC.
SEPT ELECTRIC
SEPT ELECTRIC
NOV SEWER SERVICE
SEPT ELECTRIC
SEPT ELECTRIC
FOR DEPT 71
SEPT LONG DISTANCE
SEPT LONG DISTANCE
MOUNT/SPIN/BALANCE
MOUNT/SPIN/BALANCE
MOUNT/SPIN/BALANCE
TIRES
TI RES
LIGHTS AND TIRE GAUGES
LIGHTS AND TIRE GAUGES
STATE INSPECTION/DECAL
STATE INSPECTION/OECAL
BRAKE RPRS/OIL/LUBE/FILT
BRAKE RPRS/OIL/LUBE/FILT
BRAKE RPRS/OIL/LUBE/FILT
HEATERHOSE/OIL/FILTER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
22,979,21
WASTEWAT
WASTEWAT
WASTEWAT
WASTEWAT
WASTEWAT
70,086,36
TRANSIT
TRANSIT
TI RES TRANS IT
T I RES TRANS IT
TIRES TRANSIT
TRANSIT
TRANS IT
TRANS IT
TRANS IT
TRANSIT
TRANSIT
TRANS IT
TRANSIT
TRANS IT
TRANSIT
1.54
15.03
0.98
161.00
24.57
1.60
3.80
0.25
67,99
38,03
2.48
1,624.25
5.02
240.00
15.60
739.80
2,204.67
13,503.67
2,905.31
669.00
76.00
61.94
4.03
37.46
2,43
235,70
15.32
48.40
3.15
16.46
1.07
69,996.83
67.60
4.40
2.77
0.17
80,00
8.00
0.52
858.12
55.78
43,11
2.80
2.00
50.00
792.65
351,00
50,38
88,45
DATE 10/15/98 TIME 03:11
CITY OF HASTINGS
COUNCIL REPORT PAGE 10
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENDOR NAME
OESCRIPTlON
OEPT.
AMOUNT
-~------ ------------------------- ------------------------ -------- -----------
CARLSON AUTO TRUCK INC. HEATERHOSE/OIL/FILTER TRANS IT 105.30
CARLSON AUTO TRUCK INC. HEATERHOSE/OIL/FILTER TRANS IT 40.00
CARLSON AUTO TRUCK INC. HEATERHOSE/OIL/FILTER TRANSIT 5.41
CARLSON AUTO TRUCK INC. RAM LIFT PLATE/OIL CHG TRANSIT 60.78
CARLSON AUTO TRUCK INC. RAM LIFT PLATE/OIL CHG TRANS IT 87.75
CARLSON AUTO TRUCK INC. RAM LIFT PLATE/OIL CHG TRANSIT 3.67
CARLSON AUTO TRUCK INC. STATE INSP/DECAL TRANS IT 50.00
CARLSON AUTO TRUCK INC. STATE INSP/DECAL TRANS IT 2,00
CARLSON AUTO TRUCK INC. DRIVE SHAFT U JOINT TRANSIT 71.18
CARLSON AUTO TRUCK INC. DRIVE SHAFT U JOINT TRANSIT 2n.25
CARLSON AUTO TRUCK INC. DRIVE SHAFT U JOINT TRANS IT 3.90
HASTI NGS BUS CO BACKUP DRIVER 9/22/98 TRANSIT 129.73
HASTI NGS BUS CO BACKUP DRIVER 9/23/98 TRANSIT 112.00
HASTI NGS BUS CO BACKUP DRIVER 9/28/98 TRANSIT 84.19
HASTI NGS BUS CO BACKUP DRIVER 9/28/98 TRANS IT 83.89
HASTINGS BUS CO BACKUP DRIVER 9/29/98 TRANS IT 137.52
HASTI NGS BUS CO BACKUP DRIVER 9/29/98 TRANSIT 43.24
HASTI NGS BUS CO BACKUP DRIVER 9/30/98 TRANSIT 47.06
HASTI NGS BUS CO BACKUP DRIVER 9/30/98 TRANSIT 129.73
HASTI NGS BUS CO BACKUP DRIVER 8/31/98 TRANS IT 68.61
HASTI NGS BUS CO BACKUP DRIVER 9/01/98 TRANS IT 45.84
HASTI NGS BUS CO BACKUP DRIVER 9/04/98 TRANS IT 76.40
HASTI NGS BUS CO BACKUP DRIVER 9/08/98 TRANSIT 40.64
HASTI NGS BUS CO BACKUP DRIVER 9/09/98 TRANSIT 43.24
HASTI NGS BUS CO BACKUP DRIVER 9/10/98 TRANSIT 41.87
HAST! NGS BUS CO BACKUP DRIVER 9/11/98 TRANSIT 43.24
HAST! NGS BUS CO BACKUP DRIVER 9/18/98 TRANS IT 100.54
HEALTH SVCS OF N. AMERICA DRUG TEST TRANS IT 68.00
KREMER SPRING & ALIGNMENT SUSPENSION REPAIRS TRANS IT 500.50
KREMER SPRING & ALIGNMENT SUSPENSION REPAIRS TRANSIT 410.00
KREMER SPRING & ALIGNMENT SUSPENSION REPAIRS TRANSIT 16.58
*** TOTAL FOR DEPT 72 5,310,Bl
A T & T SEPT LONG DISTANCE HYDRO 4.22
A T & T SEPT LONG DISTANCE HYDRO 0.27
CEMSTONE PRODUCTS CO. SAND HYDRO 49,60
CEMSTONE PRODUCTS CO. SAND HYDRO 3,22
NORTHERN STATES POWER SEPT ELECTRIC HYDRO 1,992,40
NORTHERN STATES POWER SEPT ELECTRIC HYDRO 129.50
OWENS SERVICES CORP FANS & VENTILATOR HYDRO 878.00
SHERWIN-WILLIAMS PRIMER-INV PAID TWICE HYDRO 22.27-
SHERWIN-WILLIAMS PRIMER-INV PAID TWICE HYDRO 1.45-
SHERWIN-WILLIAMS PAl NT /SUPPLI ES HYDRO 124.57
SHERWIN-WILLIAMS PAINT /SUPPLlES HYDRO 8,09
*** TOTAL FOR DEPT 73 3,166,15
ARKAY'S SERVICES INC. PAY APP #16 ARENA-FINAL ARENA 2,067,00
A T & T SEPT LONG DISTANCE ARENA 14.96
A T & T SEPT LONG DISTANCE ARENA 0.94
BARTLEY SALES CO, INC. PAY APP #14 ARENA ARENA 1,781.75
BARTLEY SALES CO, INC. PAY APP #16 ARENA-FINAL ARENA 593.00
BREDEMUS HARDWARE CO. INC PAY APP #14 ARENA ARENA 7.60-
BREOEMUS HARDWARE CO. INC PAY APP #16 ARENA-FINAL ARENA 1,742.25
DATE 10/15/98 TIME 03:11
CITY OF HASTINGS
COUNCIL REPORT PAGE 11
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENDOR NAME
DESCRIPTION
- ---- - -. --. -- ------ --- ---- --- - --- -- -- - -. - --- - --- -- - - - --- - -- -- --- - - - --- - - - ---
CARCIOFINI CAULKING CO PAY APP #16 ARENA-FINAL ARENA
DALCO SHIPPING ARENA
THE DAVID AGENCY RISK EXTENSION ICE ARENA ARENA
DON ZAPPA & SON EXCVTNG PAY APP #16 ARENA-FINAL ARENA
FABCON, INC. PAY APP #14 ARENA ARENA
FABCON, INC. PAY APP #16 ARENA-FINAL ARENA
GORDY'S GLASS GLASS ARENA
GORDY'S GLASS GLASS ARENA
GRAUS CONTRACTING, INC. PAY APP #16 ARENA ARENA
HOFFERS, INC. PAY APP #16 ARENA-FINAL ARENA
ACE HARDWARE TWINE POLY KITE ARENA
ACE HARDWARE TWINE POLY KITE ARENA
ACE HARDWARE SCREWDR I VERS ARENA
ACE HARDWARE SCREWDR I VERS ARENA
ACE HARDWARE SH I PP I NG ARENA
ACE HARDWARE PARTS ARENA
ACE HARDI/ARE PARTS ARENA
KELLINGTON CONSTRUCTION PAY APP #16 ARENA-FINAL ARENA
LISTFUL INDUSTRIES INC, PAY APP #16 ARENA-FINAL ARENA
MERRIMAC CONSTRUCTION PAY APP #16 ARENA-FINAL ARENA
MIDI/EST COCA-COLA BTLG CO BEVERAGES ARENA
MIDWEST COCA-COLA BTLG CO BEVERAGES ARENA
RADKE ELECTRIC BEAM CLAMPS ARENA
REIS,INC VALVES/BRUSH/ELBOW ARENA
REIS,INC VALVES/BRUSH/ELBOI/ ARENA
REIS,INC MISC SUPPLIES ARENA
REIS,INC MISC SUPPLIES ARENA
REIS,INC STOOL ARENA
REIS,INC STOOL ARENA
REIS,INC WRENCH ARENA
REIS,INC WRENCH ARENA
RE I S, INC CLAMPS/CONDUIT /COUPLERS ARENA
RE IS, I NC CLAMPS/CONDU IT/COUPLERS ARENA
RE IS, I NC CLAMPS ARENA
REIS,INC CLAMPS ARENA
HANSEN, KURT WALTER MOVED SPRUCE TREES ARENA
SHERI/IN-I/I LLlAMS PAl NT/SUPPLIES ARENA
SHERWIN-WILLIAMS PAINT/SUPPLIES ARENA
SHERI/IN-WILLIAMS PAINT ARENA
SHERWIN-WILLIAMS PAINT ARENA
SHERWIN-WILLIAMS PAINT/SUPPLIES ARENA
SHERWIN-I/ILLIAMS PAINT/SUPPLIES ARENA
SHERWIN-WILLIAMS PAINT/SUPPLIES ARENA
SHERWIN-WILLIAMS PAINT/SUPPLIES ARENA
SKILLMAN'S PAINTING INC. PAY APP #16 ARENA ARENA
MILLER ELECTRICAL INC PAY APP #14 ARENA ARENA
SWANSON PLBG, & HEATING PAY APP #14 ARENA ARENA
SWANSON PLBG, & HEATING PAY APP #16 ARENA ARENA
TI/IN CITY GARAGE DOOR CO PAY APP #16 ARENA-FINAL ARENA
UNITED BUILDING CENTERS LK RM REPAIRS ARENA
UNITED BUILDING CENTERS LK RM REPAIRS ARENA
*** TOTAL FOR DEPT 74 77,706,31
IDS CAPITAL
COPIER HERITGE ROOM
HERITAGE
DEPT.
AMOUNT
278,30
10.00
441. 00
7,368.97
743.50
8,827.90
38.75
2.52
1,135.76
87.80
2.98
0.19
10.36
0.67
9,17
7,71
0.50
14,757.98
690.41
7.02
90.40
69.00
66.00
29.25
1.90
41. 27
2.68
24.38
1.58
9.18
0.60
20,52
1.33
8.50
0.55
250.00
62.05
4.03
18.99
1.23
94.51
6.14
46.90
3.04
1,377.75
2,375,00
1,481,20
30,589.34
232.25
171.78
11.17
194,25
DATE 10/15/98 TIME 03:11
CITY OF HASTINGS
COUNCIL REPORT PAGE 12
APPROVAL OF BILLS
PERIOD ENDING: 10/19/98
CHECK# VENDOR NAME
DESCRIPTION
DEPT,
AMOUNT
-------- ------------------------- ------------------------ -~------ -----------
10S CAPITAL
COPIER HERITGE ROOM
*** TOTAL FOR DEPT 85
HERITAGE 12.03
206.28
BOLTON & MENK INC CR42 CONSULTING SVC CONSTRue 1,320,00
KNUTSON,RICHARD INC PAY EST 5 98 STREET CONS CONSTRUC 184,716.63
*** TOTAL FOR DEPT 99 186,036,63
*** TOTAL FOR BANK 82
603,395,04
*** GRAND TOTAL ***
603,395,04
October 19, 1998
APPROVED:
City Administrator
Finance Director
Councilmember Simacek
Councilmember Riveness
Councilmember Johnson
Councilmember Moratzka
Councilmember Hicks
Councilmember Yandrasits
Mayor Werner
VI- 2
Memo
j
:'::>:C,:'ri.-;;":;':' ' , ~, ~
To: Mayor Werner & City Councilmembers
From: Joyce P. Hottinger, Administrative Assistant/City cleryN
Date: October 15, 1998
Re: Authorization to Solicit Bids For the Procurement of One 15- Passenger Bus
for TRAC
Council Action Requested:
Authorize Staff to advertise and solicit bids for the procurement of one IS-passenger bus.
An option within the RFP is to purchase an additional bus within a year should the bids be
lower that anticipated. Thus, if the bids submitted are $50,000 or less it would be the
intention to purchase two buses. Following receipt of proposals and review of bids, Staff
will bring the successful bidder's proposal to the Council for authorization to accept the
bid
Background:
I have been working with staff from Metro Mobility to develop a request for proposal to
order and purchase two 1998 buses. Metro Mobility Staff has a number of years of
experience in developing RFPs and purchasing vehicles. Attached is a draft of the
proposal which will be forwarded to Metro Mobility, In 1997, two of the full-time transit
drivers and myself visited a vendor to look at bus styles available. I have also met with
other vendors to discuss bus options. Since that time I have be,en working with
Metropolitan Council, MnDoT, and Metro Mobility, to draft the attached RFP.
The proposed new bus will replace the existing 1989 Hawk which has reached its useful
life expectancy. Metropolitan Council has allocated $60,000 for purchase of one new bus.
The City will be required to pay for the bus in full and then submit a claim for the $60,000
reimbursement. Approximately $100,000 is available within the capital account for
purchase of buses. As mentioned earlier, if the bids received are $50,00 or lower I intend
on purchasing two buses. However, if the successful bidder is closer to $60,000, then 1
would propose purchasing one bus at that time, requesting reimbursement from
Metropolitan Council and then purchasing another bus in 1999. The proposed second bus
will replace the 1990 Ford Star Bus.
Following final review by Metro Mobility to determine completeness and finalize a few
remaining questions on paint style, type, tie downs, etc., a published notice in accordance
with competitive bidding requirements will be provided.. The definitive timeframe for
release of the RFP is yet to be finalized, but 1 would like to release the RFP approximately
November 1 'to
Staff from Metro Mobility have agreed to assist in reviewing bids received. Following a
review of the bids, Staffwill bring a recommendation to Council to award contract.
Attachments:
1. Draft- RFP for Procurement of One 15-16 Passenger Bus
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127. Fax: 651-437-7082
PROPOSAL AND SPECIFICATIONS
FOR PURCHASE OF ONE ACCESSIBLE
SMALL-SIZED 15 - 16 PASSENGER
WITH 2 WHEELCHAIR POSITIONS WITH
SECUREMENT DEVICES, BUS
Vehicle to be traded in:
1989 Hawk
16 Passenger capacity (includes
1 wheelchair position) plus drivers seat.
Approximately 65,562 miles. Diesel engine.
City of Hastings
101 Fourth Street East
Hastings, Minnesota 55033
Released:
Proposal Due Date:
November 1 (Tent.)
December 1 1 (Tent.)
;j
lill
Contact Person:
Ms. Joyce Hottinger
Administrative Assistant/City Clel"k
City of Hastings
Telephone Number: (651) 437-4127
lb....,illc:-": (III till' \'1i"si~'sippi
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B. SCOPE AND PURPOSE
These bus specifications are intended to provide minimum acceptable standards as a guideline
for:
1 NEW 1998 MODEL, TRANSIT TYPE, SMALL-SIZED 15-16 PASSENGER BUSES WITH
2 WHEELCHAIR POSITIONS MOUNTED ON A
CUTAWAY-TYPE CHASSIS FITTED WITH COMMERCIAL
WHEELCHAIR LIFTS AND SECUREMENT DEVICES
Since this vehicle will be used to provide door-to-door paratransit the service for general
public, including those with special needs, vehicle maneuverability, dependability, and most
importantly safety, are primary considerations. The purchaser intends to obtain a safe, reliable
vehicle with an attractive interior and exterior design and excellent ride qualities.
The bus will be used to transport the general public, especially the elderly and persons
with disabilities, The bus will be operated on all types of roadways at various speeds and
will be started and stopped frequently, in both city and highway operations.
The City of Hastings approves the installation of a raised floor in those buses to be procured
hereunder in order to provide the passenger seating and wheelchair positions requested
The proposed vehicle must meet all Federal Motor Vehicle Safety Standards (FMVSS,
Environmental Protection Agency (EPA), Minnesota Dept. Of Transportation (MnDot), and
Americans with Disabilities Act (ADA) laws and regulations applicable to this type of
vehicle(s) on date of manufacture. The proposed vehicle(s) must also have been fully tested
and certified at the Penn State Test Facility in Altoona, Pennsylvania.
Any exception to any requirement of these specification, including those related to the
passenger and wheelchair position configurations requested, must be noted in the bid
submitted,
C. RESPONSIDILITIES
The City of Hastings reqUires the following responsibilities of the successful
vendors/contractors:
(1) Upon receipt of successful bidder status, notifY the City of Hastings of the name(s)
and addressees) of the supplier(s)/manufacturer(s) and the location(s) of the final
assembly point for each vehicle plus the contact person at said locations(s). In the
event the final assembly of a vehicle process takes place in more than one location,
the vendor/contractor shall so notifY the City of Hastings and will describe the final
assembly processes to be performed at each location.
(2) NotifY the City of Hastings of the supplier/manufacturer(s) scheduled start date of the
final assembly process for the vehicle(s) ordered within fifteen (15) days of said start
date.
(3) Deliver the finished and fully equipped vehicle(s) to a Hastings City Hall; 101 Fourth
S1. E; Hastings, MN 55033-1955. At least one copy of a complete operation and
maintenance manual covering the complete apparatus bound in a 3-ring binder.
C'ity nfHll<:ting<: RFP
Pllgf'? ntl0
(4) Make arrangements to correct or have corrected any and all vehicle and/or included
equipment deviations of specification requirements identified in the inspections. A
vehicle will not be accepted until it passes all inspections.
(5) All of the equipment furnished with the vehicle shall be completely installed and all
adjustments shall be made that are required to prepare the vehicle and its equipment
for immediate and continuous operation upon delivery.
(6) The bus shall be delivered via driven, at no expense to the purchaser, to the City of
Hastings, 101 Fourth St. E., Hastings, Minnesota 55031, within 120 days following
the award of the contract, in accordance with the detailed specifications of this bid
document. The vehicle shall be complete and ready for service. The Contractor shall
assume all responsibility and liability, incident to such deliver. Preference in bid
selection will be given to those proposals which can provide buses as described
sooner than 120 days.
(7) An estimated delivery schedule shall be submitted with the: bid. The successful vendor
shall provide revised finish and delivery schedules as needed until all vehicles are
completed. Extensions beyond 120 days must be requested and approved in writing,
documenting the area for the delay. The City of Hastings reserves the right to request
supporting documentation in order to assess the request for extension.
(8) If the vehicle is delivered incomplete or incorrect, or does not pass the Minnesota
State Vehicle inspection, or contains any defective or damaged parts, said vehicles
will be deemed unacceptable unless said parts shall be removed and new or repaired
parts be furnished and labor for removal and installation of said parts shall be free of
all cost to the City of Hastings, including the transportation charges of said parts.
(9) If within thirty (30) full days after notification of acceptance of said vehicle, it
becomes necessary for the City of Hastings to perfornl any work on said vehicle
which should have been performed by the contractor within the intent of these
specifications, the contractor shall agree to reimburse the City of Hastings all costs
incident thereto, including material, labor and overhead.
Payment on this vehicle will be made within thirty (30) days after deliver of the bus
to the purchaser. Receipt of equipment shall not release the bidder for faulty materials
or workmanship appearing even after final payment has been made. Acceptance of
equipment shall not release the bidder for faulty materials or workmanship appearing
even after the final payment has been made.
(10) The City of Hastings requires that all bidders have a minimum of three years
experience in the manufacture ofvehides of this type.
(11) The vendor shall arrange for the complete correction of all defects occurring prior to
acceptance of the vehicle All defects occurring prior to acceptance of the vehicle shall
be the responsibility of the vendor, and ,-,,'ill be fully corrected at the vendor's expense
and/or under applicable warranty, including transportation costs. Substantial
corrections may require particular FMVSS recertification and/or extended warranties.
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(12) The proposal price shall include everything necessary for the undertaking and
completion of the contract, except as otherwise be provided in the contract
documents.
(13) Proof of Compliance with Agreement-for the City to determine whether the
contractor has complied with the requirements of the Contract Documents (as
hereinafter defined) the contractor, shall, at any time when requested, submit to the
City properly authenticated documents or other satisfactory proof as to the
Contractor's compliance with such requirements. Contractor shall have a reasonable
amount of time to comply with such requests.
(14) Title-Adequate documents for securing the vehicles(s) in Hastings, Minnesota shall
be provided to the City at least ten (10) working days before each vehicle is released
to the City, free and clear of all liens, mortgages and encumbrances, financing
statements, security agreements, claims and demands of any character.
(15) Audits - As required by Minnesota Statutes (M.S,) Section 168.06, Subdivision 0.4,
the records, books, documents and accounting procedures and practices of the
contractor and of any subcontractor relating to work performed pursuant to this
agreement shall be subject to audit and examination by the City, and the legislative
auditor or state auditor. The contractor and any subcontractor shall permit the city or
its designee to request, inspect, copy and audit its accounts, records and business
documents at any time during regular business hours, as they may relate to the
performance under the agreement.
(16) Targeted Group Business - Pursuant to M,S. 474.142, Contractors shall make a good
faith effort to encourage meaningful participation of targeted group businesses in the
performance ofthis contract, wherever possible. "Targeted Group Business" means
a small business designated by the Minnesota Commissioner of Administration under
M.S, 16B,19, that is majority owned and operated by women, people of color and/or
persons with disabilities. Upon request, contractor shall submit proof to the City of
its good faith efforts in complying with this requirement.
The Contractor shall submit to the City sixty (60) days after award of the contract,
a list of all targeted group businesses that supply parts and/or components to be used
after delivery ofbus(es).
(17) Certificate of Compliance - Contractor shall obtain and keep in force a Certificate of
Compliance with the equal opportunity/affirmative action requirements of M.S.
473.144. The City will not execute a contract for goods or services in excess of
$50,000 with any business having more than 20 full-time employees on a single
working day during the previous 12 months, unless that business has a Certificate of
Compliance from the Minnesota Department of Human Rights. Certificates of
Compliance issued to businesses who have an affirmative action plan approved by the
Department of Human Rights for the employment of women, people of color and
persons with disabilities A certificate is valid for 2 years.
(18) Americans with Disabilities Act - The Contractor agrees that it, and any
subcontractors under this agreement, shall not discriminate against any qualified
persons with a disability who are an employee or applicant for employment and shall
take affirmative action to ensure that such qualified individuals are treated without
C'ity "rUlIo.tingo. RTlll
?\\ef' 4 f'ln()
regard to their disability in regard to job application procedures; hiring; advancement
or discharge of employees; compensation; job training and other terms, conditions and
privileges of employment pursuant to the Americans with Disabilities Act of 1990.
(19) Insurance
Indemnification- The successful contractor agrees that it will save and protect, hold
hannless, indemnifY, and defend the City, its officers, agents employees and volunteer
workers against any and all claims, expenses (including attorneys' fees), losses,
damages or lawsuits for damage arising from or related to fulfilling its responsibility
according to this RFP,
Insurance Requirements - contractors shall procure and maintain for the duration of
the contract, and for two years after the contract expires, insurance against for injuries
to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the contractor, their agents, representatives,
employees or subcontractors.
Minimum Scope ofInsurance - Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability Coverage occurrence
from CG 00011 093 (or a substitute form providing equivalent coverage) and
shall cover liability arising from premises, operations, independent
contractors, products-completed operations, personal injury, and advertising,
and liability assumed under an insured contract (including the tort liability of
another assumed in a business contract),
2. Business auto coverage shall be written on ISO form CA 0001, CA 0005,
CA 00 12, CA 00 20, (or a substitute form providing equivalent liability
coverage). If necessary, the policy shall be endorsed to provide contractual
liability coverage equivalent to that provided in the 1990 and later editions of
CA 001 01. Such insurance shall cover liability arising out of any auto
(including owned, hired and non-owned autos).
Contractor will be solely responsible for any and all physical damage/losses
to the vehicle(s), until they are delivered to and accepted in writing by the
city.
3. Contractor shall maintain workers' compensation and employers liability
insurance, including (if applicable), man time with: other states endorsement
and if applicable, United States Longshoremen and Harbor Workers Act
Coverage
Minimum Limits of Coverage - Contractor shall maintain limits - No Less Than:
1. Commercial General Liability (CGL) and if necessary, commercial umbrella
insurance with limit not less than $5,000,000 each occurrence. If Commercial
General Liability Insurance contains general aggregate limits, it shall apply
separately to this project
2. Contractor shall maintain business auto liability and if necessary, commercial
liability insurance with a limit not less than $5,000,000 each accident
C'ity "fH,,~ting~ RFP P"8'" " "f10
3. The commercial umbrella and/or employers liability limits shall not be less
than $5,000,000 each accident for bodily injury by accident or $5,000,000
each employee for bodily injury by disease,
Deductibles Self-Insured Retention -
Any deductibles or self-insured retention must be declared to and approved by the
Council. At the option of the Council, either the insurer shall reduce or eliminate such
deductibles or self-insured retention as respects the Council, its officers, officials,
agents, employees and volunteer workers, or the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain,
the following provisions:
The City of Hastings, its officers, officials, agents employees and volunteer workers
are to be covered as an insured under CGL, using ISO additional insured endorsement
CG 20 10 or substitute providing equivalent coverage and under the commercial
umbrella if any. This insurance shall apply as primary insurance with respect to any
other insurance or self-insurance program maintained by the city shall be excess of the
Contractor's insurance and shall not contribute to it. The Contractor's coverage shall
contain no special limitations on the scope of protection afforded to the City, its
officers, officials, agents, employees and volunteer workers,
Any failure to comply with reporting provisions of the policies shall not affect
coverage afforded to the City, its officers, officials, employers or volunteers.
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
The Contractor shall include all subcontractors as insured under its policies or furnish
separate certificates or endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
Verification of Coverage
The contractor shall furnish the City with certificates of insurance and with original
endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf All certificates and endorsements are to
be received before work commences. The City reserves the right to require complete
certified copies of all required insurance policies at any time. Notwithstanding said
policy or policies of insurance the Contractor shall be obligated for the full and total
amount of any damage, injury or loss caused by negligence or neglect connected with
this contract
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Bid Bond
All bids shall be accompanied by a cash deposit, certified or cashier's check, or bid
bond with a corporate surety in an amount at least equal to ten percent (10%) of the
total dollar value of the bid, payable to the City of Hastings, Hastings, Minnesota, as
a guaranty that the bidder will enter into a contract with the City to furnish the
equipment for which bids are requested. The conditions of said bid deposit shall be
that the City will hold all such deposits made with the bids until bids are accepted or
rejected, up to 30 days after the date that bids are received. If the bids are not
accepted or rejected within 30 days of the date of bid opening, the City will return
such bid deposits to any bidder who requests that its bid be withdrawn. If contracts
are awarded, the City will return the bid deposit to any unsuccessful bidder. The bid
deposit of the successful bidder will be retained as liquidated damages in the event the
bidder fails to execute the sale of the vehicle.
(20) Record Keeping
The Contractor shall maintain books, records documents and other evidence directly
pertinent to performance of the work under this Agr,eement in accordance with
generally accepted accounting principles and practices. These records shall be retained
for at least three years after the term of the contract.
(21) Equal Employment Opportunity
In the performance of the Agreement, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of creed, race, religion, color, sex, age, national origin,
marital status, public assistance status, membership or activity in a local civil
rights organization, sexual orientation, or the presence of any sensory, mental
or physical disability unless based on a bonafide occupational qualification.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their creed, race, religion, color, sex, age, national origin, marital status,
public assistance status, membership or activity in a local civil rights
organization, sexual orientation, or the presence of any sensory, mental or
physical disability. Such actions shall includ,e, but not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to eip.ployees and
applicants for employment, notices required by state and fedetallaws setting
forth the provisions of non-discrimination in employment.
2. The Contractor will, prior to the commencement and during the term of the
Agreement. furnish the City, upon request and on such forms as may be
provided by the Council, a report of the affirmative action taken by the
Contractor in implementing the terms of this provision, and will pennit access
by the City to the Contractor's records of employment, employment
advertising, application forms, other pertinent data and records for the
purpose of investigation to determine compliance with this provision
3. The Contractor will comply with employment provisions of the Americans
with Disabilities Act of 1990 and all rules and regulations thereunder
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D. GENERAL SPECIFICA nONS
(1) The bus shall be in compliance with all requirements of the State of Minnesota as to
lighting equipment, air pollution control equipment, and all warning and safety
devices. The bus must also comply with the Federal Motor Vehicle Safety
Standard in effect a.t the time of manufacture,
(2) The wheelchair securement positions must meet all federal and state requirements
even ifunintentiona11y omitted in these specifications. The preceding applies to an/or
all other omissions(s) (federal, state, or local) related to these bid specifications.
(3) Bids should be accompanied by a description of the bidder's standard product,
including brochures and detailed specifications.
(4) Bus must be in full compliance with FMVSS #220, Rollover requirements and
certification manufacturer must be included with the bid.
(5) Materials used in the specified components of the vehicle's occupant compartment
shall meet or exceed the burn resistance requirements set fourth in FMVSS #302, in
addition to the flammability requirements described in Section 5 of the Detailed
Specifications. Test results required from successful bidder.
(6) The vehicle to be procured in accordance with the specifications and procedures set
forth herein will be constructed following the same structural design and configuration
as an equal vehicle previously tested and certified for service by the
Pennsylvania Transportation Institute Bus Testing Facilities in Altoona, Pennsylvania
(a Federal Transit Administration sponsored facility). The test must have been
conducted on the complete vehicle anticipating minimum of four (4) years and
100,000 miles of service, Manufacturer of the vehicle identified in response to these
specifications will submit with the bid document a copy of the test results and
certification issued by the Altoona testing facility, unless an exception is granted in
writing prior to the bid opening based on previously submitted documents, In any
case, Altoona test results shall be made available upon request.
(7) All equipment must meet the requirements of the American's with Disabilities Act.
(8) Note: the portion of the purchase price of a motor vehicle to make it accessible
to persons with disabilities is not subject to State of Minnesota vehicle excise
tax.
(9) Minnesota Statute 168.27 (1994) requires that the end seller have a new vehicle
dealer license from the Office of Public Safety, Dealer Unit, (612)296-2977, with an
established place of business in Minnesota.
(10) The proposed vehicle(s) must meet all Federal Motor Vehicle Safety Standards
(FMVSS), Environmental Protection Agency (EPA), U.S. Veterans Administration
(VA), Minnesota Special Transportation Service (STS), Minnesota Department of
Transportation (MnDot) and Americans with Disabilities Act (ADA) laws and
regulations applicable to this type of vehicle on date of manufacture. The proposed
veh.icle(s) must also have been fully tested and certified at the Penn State Test Facility
in Alloona, Pennsylvania. Such proof shall be provided to the Administrative
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Assistant/City Clerk prior to or at the time of delivery of the vehicle(s).
The proposed vehicle shall be constructed of such design and materials as to provide
an expected 8-year life with no severe stress, wear or corrosion problems in the
proposed service.
(11 ) Warranty
Warranties in this document are in addition to any statutory remedies or warranties
imposed on the contractor. Consistent with this requirement, the Contractor warrants
and guarantees to the City each complete coach, including specific subsystems and
components as follows:
A. Complete Coach
The coach is warranted and guaranteed to be free from defects and related defects as
referenced in Paragraph B below beginning on the date of acceptance of each bus.
During this warranty period, the bus shall maintain its structural and functional
integrity. The warranty is based on regular operation of the buses under the operating
conditions prevailing in the Hastings locale.
B. Subsystem and Components
Specific subsystems and components are warranted and guaranteed to be free from
defects and related defects for the times and/or mileages given below:
The proposed vehicle and components shall provide an expected 8-year life with no
severe stress, near or corrosion problems in typical operating conditions prevailing in
Hastings locale.
(12) Optional Purchase of an additional bus
The City retains the right to purchase an additional vehicle within 12 months at the
same bid price,
E. SUBMISSION OF PROPOSALS
The proposer shall state with the bid, the names and locations of the technical service
representative responsible for assisting the purchaser, as well as the location of the nearest
suppliers of parts and components for the repair and maintenance of the vehicle.
Proposals must be received by the Administrative Assistant/City Clerk no later than (4:00
p.m.) CDT, Friday, December 11, 1998. Proposals received after this time and date will not
be accepted and will be returned to the Proposer unopened. The: Technical Response forms
shall be signed by an individual or individuals who have full authority from the Proposer to
enter into binding agreement on behalf of the Proposer.
All Proposers will acknowledge their familiarity with the entire packet to include instructions
to Proposers, specifications and technical response forms by virtue of a submission of a
proposal. By submitting a Proposal, the Proposer represents that it has thoroughly examined
and become familiar with the work required under this RFP and that it is capable of
performing quality work.
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Bids will be only accepted on the bid form provided. The successful proposer will be required
to execute a contract with the City of Hastings as purchaser which will bind the proposer to
furnish and deliver the equipment at the bid price and in accordance with the bid
specifications.
Bids must be enclosed in sealed envelopes with the words "Bid on Transit Buses" clearly
written on the outside and addressed to Joyce Hottinger, Administrative Assistant/City Clerk,
101 Fourth Street East, Hastings, Minnesota, 55033-1955.
Ifproposals are sent by mail, it is wholly the responsibility of the Proposer to ensure that the
proposal is delivered on time,
In determining the successful bidder, consideration will be given to price, financial
responsibility of the bidder, responsiveness to these specifications, suitability of the vehicle,
delivery date, and past experience with similar equipment. Award will be made to the lowest,
responsive and responsible bidder. In the event a single bid is received, it will be necessary
for the City to conduct a price and/or cost analysis of the bid price.
The City expressly reserves the right to accept any proposal or to reject any or all proposals,
to reissue a revised Request for Proposal, to waive informalities, minor irregularities and
discrepancies. No proposal shall have a right to make a claim against the City in the event the
City accepts a proposal or does not accept any or all proposals. The City reserves the right
to award the contract for the purchase of the vehicles on such basis as the City deems to be
in its best interest.
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F. DETAILED SPECIFICATIONS
ANY EXCEPTIONS MUST BE NOTED
1. DIMENSIONS
Bidders must note any variations from these minimums or maximums
1.01 Overall length bumper to bumper not to exceed 25 feet. (Please specify)
1.02 Minimum wheelbase (please bid the wheelbase that will give the best ride)
(Which category?)
13 8 inches - Category I
158 inches - Category II buses with the following exception:
176 inches - Category II buses 24 feet on longer in length
1.03 Maximum overall width 8 feet plus mirrors.
1.04 Maximum exterior height 9 feet 7 inches.
1.05 Maximum height from ground to top surface of Jront step 12 inches (+/- Yz
inch), and the rise the remaining steps a maximum of9 inches.
1.06 Minimum of depth of step tread of 9 inches.
1.07 Minimum of 30 inches width of all stair treads.
1.08 Minimum interior height at center aisle 74 inches.
1.09 Minimum passenger door entry width 29 inches clear opening; not to be
reduced by door area minimum of 28" clear opening to top landing with
exception to fare box.
1.10 Minimum aisle width 16 inches; 12 inch minimum is permissible in
wheelchair area. Adjacent to forward facing flip seats, aisle width 15 inches
is permissible.
1.11 Minimum seat spacing of 3 0 inches center -to-center between sea,ts;
minimum 29 inches allowed in one row only, or on side of aisle with fewest
seats. 28" to top entrance landing.
1.12 Minimum seat width 17 inches per person
1.13 Minimum of a padded handrail on the aisle seat.
1.14 Gross Vehicle Weight Rating of the completed vE:hicle shall be adequate and
appropriate for application described, a full tank of fuel, the number of
passengers and wheelchairs described, plus 100 pounds (Category I) or 200
pounds (Category II). Any exceptions to this requirement, seating capacity,
or any other specification must be noted Applied load shall not exceed 85%
of the rating of any single component.
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2. CHASSIS COMPONENTS
2,01 Engine - diesel engine 6 or 8 cylinder, 4 cycle, liquid cooled to provide 190
horsepower (minimum) and 385 foot pounds net torque (minimum) with all
standard components necessary for such engine, Engine accessories shall
include a block heater (1000 watt rating) spin-on type full flow oil filter and
full flow diesel fuel filter and water separator. Engine shall be capable of
starting at -10 degrees F. without pre-heating block or adding exterior heat.
The City of Hastings reserves the right to require documentation confirming
the output engines to be supplied.
A. Engine and components are to be arranged and mounted so as to provide
convenient access for servicing the engine and all of its accessories,
Access to oil, wiper fluid, coolant/antifreeze, transmission, power steering,
and brake fluid check and fill shall be achievable without moving other
components.
B. An original equipment manufacturer's (OEM) standard engine oil filter
shall be installed in the vehicle, using throwaway replacement
element/canister.
C, A large air-type filter for the air intake shall be provided and mounted so
element can,be readily removed for cleaning or replace~ent.
D, An engine block heater, minimum 1000 watts, shall be installed.
E. The engine compartment shall be completely sealed so as to prevent
smoke and fumes from entering passengers' portion of the vehicle, and,
further, it shall be insulated from heat and sound by application of an
approved durable material of long life. No surface within the reach of a
passenger or driver inside the bus shall be subjected to engine-source
temperatures in excess of 100 degrees Fahrenheit.
2.02 Transmission-heavy duty automatic type, minimum 3 forward speeds,
with heavy duty cool installed. Transmission is to be equipped with a
starter interlock to prevent starting of engine unless transmission is in
neutral or park. Overdrive transmissions must include a switch or separate
gear selector position for turning on and off the overdrive, yontrolled by
and easily accessible to the driver. .
Transmission Cooling System - heavy duty automatic transmission cooler;
front mounted, original equipment manufactured and factory installed.
2.03 Vehicle must be equipped with brake or transmission interlock per Americans
with Disabilities Act (ADA) requirements, protected from the weather.
2.04 Front brakes - heavy duty disc
Rear brakes - heavy duty disc or drum; must be load sensing or anti-lock
Type available
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2.05 Suspension - Independent front coil suspension, rear leaf suspension with
heavy duty shock absorbers front and rear; and front stabilizer; and lift-
side spring or spacer.
2.06 Power Steering
2.07 Fuel System - minimum 3S gallon (min.) capacity and tank(s) shall be rigidly
supported. The fuel system shall be properly insulated from any exhaust
pipes, from the engine or any heated parts or exposed electrical apparatus
or connections. Tank shall be properly baffled to prevent surging.
A. Filler mechanism shall be of an approved d'csign, in compliance with
applicable safety regulations. The volume capacity of the neck and fill
must match standard fill rates and vent capacity.
B. An appropriate fuel filter shall be provided. At least one filter must be
replaceable without accessing the fuel tank. Access plate to fuel tank
connections shall be provided.
C. All buses with a wheelchair lift located on the rear right side of the
vehicle shall have the exhaust pipe routed out the left rear of the vehicle
under the rear bumper. Exhaust pipe shall not interfere with any tow hooks
or other equipment.
2.08 Cooling SystemlRadiator - heavy duty cooling capacity; engine coolant
protection to minus 40 degrees (_400) Fahrenheit; capable of using
extended-life, 10ng-service-interval, environmentally safe antifreeze,
2.09 Dual (4 total) rear wheels shall be provided on a single rear axle.
2.10 Tires -- single front and dual rear radials, size appropriate to GVW
requirements, compatible with the warranty requirements of Section 6.0.
2.11 Quality -- body manufacturer must meet chassis manufacturer's QVM
program. Certification of chassis manufacture must be submitted with bid.
3. ELECTRICAL
3.01 The electrical system shall be a dual battery system with 'alternator and
batteries and shall be 12-volts. All components, appurtenances, wiring,
etc. shall be of the same capacity.
302 __The alternator shall be 120 amps (minimum) with matching voltage regulator.
3.03 Batteries shall be conveniently located, readily accessible for servicing,
and enclosed to protect batteries and wiring from weather, salt and spray.
Two maintenance-free batteries (totaling 1400 cold cranking amps)
shall be provided for starting the vehicle, lift operation, and emergency
backup operation of accessories.
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A. Skirt-mounted battery boxes, ifprovided, must not extend lower than the skirt
or stepwell, whichever is lower. Battery compartments, including wiring
openings, shall prevent entrance of gravel or road spray,
3.04. Main battery starter cables shall be protected from the weather and
properly fastened, The main wiring harness shall be loom covered and
installed inside the coach body.
3.05 All wiring covering shall be flame, abrasion, solvent and petroleum
products resistant and meet PMVSS requirements,
3.06 All body and accessory wiring shall be secured at 14" maximum intervals,
3,07 All engine compartment wiring shall be manufacturer's standard.
3.08 Light fixture wiring shall be manufacturer's standard.
3.09 An electric horn shall be furnished and installed so as to be protected from
wheel wash.
3.10 Electrical wiring - all wiring and junction panel terminals shall be
numbered and/or color coded for easy identification. Junction panels shall
be insulated and/or specially covered within the compartment in which
located to prevent moisture build-up. The bidder must supply, with each
vehicle, a complete set of fuses, including at least on (I) spare fuse of each
type and size used in the vehicle, including fuses under the hood. All wiring
underneath vehicle shall be routed inside frame or along cross members,
enclosed in loom and fastened minimum each 14 inches,
3. 11 A set of individual, customized wiring diagrams, including coding, shall
be provided for and with each individual vehicle and shall reflect the actual
wiring system.
3. 12 All circuits, except speedometer circuit, shall be protected by limited
cycle, type circuit breakers or fuses. Coach manufacturer's will supply at
least one spare circuit in main harness, Main harness from power plant
assembly shall be equipped with multiple plug type connectors. Wiring
shall be installed in sections terminating in appropriate junctio'n boxes.
3. 13 Wiring and cables in engine compartment shall be insulated from heat and
shall be resistant to oil and grease.
3.14 All circuit breakers and fuses (except master fuse) shall be readily
accessible behind a removable panel.
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4. BODY CONSTRUCTION
4.01 Body Construction - the coach body shall have a heavy-duty unit-type
structure (roll-over frame, cage type) and shall be of durable zinc chromate
(or approved equal) corrosion resistant steel or aluminum construction. It
shall be adequately reinforced at all joints allld points of stress, with
sufficient strength to support the entire weight of fully-loaded vehicle on
its top or side. Frame and body structures must meet Federal FMVSS #220
standard. A copy ofFMVSS 220 rollover protection test shall be furnished
with the bid, along with a diagram of proposed structure, including floor
members.
A. Fiberglass construction with the steel or aluminum structure meeting
FMVSS #220 is acceptable,
B. The bus shall be designed to withstand road shocks, stop and start
operations, and other conditions found in Minnesota transit bus service.
The body shall be securely fastened to the chassis frame structure so that
the entire frame shall act as one unit without any movement in joining.
Front, side, and back panels shall be secured to the floor, body frame
members, and posts; all of which shall result in a permanent, fully-
integrated structural unit adequately reinforced with steel or aluminum
posts and rails at all points where stress concentration may occur. The
body floor subframe assembly shall be metal and shall have the same
mechanical ,corrosion resistance properties as gauge number 14 galvanized
steel as a minimum, Cold rolled steel with undercoating process is acceptable
provided it meets the requirements described in 4,018. The vehicle shall
adequately carry loads for which it was designed without exceeding 85% of
the chassis manufacture's GVWR.
C. Reinforcements shall be made around all door and window openings in
order to transfer stress around the opening, or other specific measures shall
be taken, so as to prevent cracking of adjacent compounds and finishing.
D. Before final assembly, all metal parts shall be treated with thorough
multiple stage anti-corrosion treatment All nuts, bolts, clips, washers,
clams, rivets and like parts shall be zinc or cadmium plated, or phosphate
coated, to prevent corrosion.
E. Where wood and wood are placed together, both shall be coated with Tuff-
cote, Neoprene, polyurethane or other appropriate sealing compound.
Specify Compound:
F. Where threaded fasteners are attached into interior panels only, a
reinforcing nut or a reinforcing panel shall be installed for added strength
and fastener retention.
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G, Gun installed huckbolts fastenings, buck rivets, or approved equivalent
shall be utilized if needed on all exterior body panels, rubrails, and all other
locations where stress in concentrated, Where huckbolts cannot be used,
all nuts, bolts, washers, clamps, and like fasteners on the exterior and
interior of the unit shall be zinc or cadmium plated to resist corrosion. No
sheet metal screws shall be permitted, except for rubrails and rubber
fender splash guards. Fastener materials shall be compatible with materials
being fastened. Where self-tapping bolts are used in body panels the body
panels shall be reinforced with steel backing, aluminum backing, or
stainless steel backing. In no case shall the sealing of the panels be
dependent on caulking alone.
All bolts, nuts, washers, screws, rivets, and other fasteners used in the
construction process shall be of appropriate size and strength rating for the
application. Aluminum fasteners will not be acceptable, All fasteners shall be
dipped or sprayed in either rust-resistant zinc chromate or epoxy - type
primer, zinc or cadmium plated, or otherwise made of rust-resistant materials.
Protection shall be provided to prevent corrosion caused by dissimilar metals,
All materials, components, equipment, parts, and accessories will have been
manufactured using United States customary units of measure and shall
comply with the standard or specification of the appropriate professional or
technical society or trade association or of the United States Government.
H. Window openings cut into body panels shall have a maximum clearance of
3/16" around frame to minimize the need for caulking,
I. All welding procedures used throughout the vehicle including materials,
methods and installation shall be in accordance with ASTM and American
Welding Society Standards. Factory's certification must be submitted with
bid,
J. All exterior joints and seams shall be protected by the application of
caulking. Body shall be thoroughly water tested to prevent leakage; corrective
caulking shall be made on dry surfaces and of sufficient quantity to prevent
recurrence.
K. All handrails, stanchions, and auxiliary air conditioners, where attached to
wall or ceiling, shall be secured directly to the metal frame structure or to
steel or aluminum rods or plates which are secured directly to the metal frame.
4.02 Exterior Body Panels - prepacked and painted corrosion-protected
galvanized steel or aluminum or fiberglass, sufficiently stiff to prevent
vibration, drumming, or flexing while the bus is in normal service. All
exterior panels shall be buck riveted, bonded, or welded to the body frame.
Exterior metal panels shall be given a thorough anticcorrosion treatment.
A. Exterior finish - white, with optional contrasting stripes in color selected
by recipient. (Logo and painting should comply with attached photograph
example.)
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4.03 Wood, except in seats, shall be of marine grade type.
4.04 Floor - passenger compartment constructed of water - and fire - retardant
marine grade treated plywood (or equal) having a minimum 5/8" thickness,
with sealed edges. The floor shall have .008" minimum galvanized steel or
aluminum (or approved equal) underbelly between the plywood subfloor
structure.
B, Floor Covering - shall be installed (RCA Transit-Floor smooth rubber or
approved equal), with ribbed 3/16 inch thick rubber on step treads and
ribbed 3/16 inch thick rubber in the aisle. All joints in floor covering shall
be buttcut type, and ribs shall be properly aligned to prevent gaps or edges
and to facilitate cleaning. In vehicles of 22 feet or longer. include a line of
contrasting color on the floor that is two (2) inches wide and even with
the rear of the driver's seat.
4.05 Interior Finish - off white or light tone, color coordinated with seats, floor
and exterior.
4.06 Insulation - fire resistant sides and roof Insulation must be placed inside
walls and ceiling, thoroughly sealed so that drafts cannot be felt by the
driver or passengers during normal operation with the doors closed.
Insulation must also be placed in the firewall area so that excessive heat
and noise is not transmitted to the driver's area. Driver's area noise level
shall not exceed 80 decibels of a constant speed of 55 mph.
4,07 Windows - transit type passenger windows approximately 36 inches high on
each side with approximately 30% light transmission tinted automotive safety
glass; windows must meet federal and Minnesota escape standards. Glazing
materials shall be manufacturer's standard.
A. Bus must meet federal escape standards. Locking or securing handles on
emergency exits must be steel or "pot metal" (or approved equal) and
tightenable if subject to loosening.
B. The windshield shall be tinted darker at the upper portion. Windshield
shall be glazed with laminated, safety, single-density tinted, float glass.
C. Left hand sun visor adjustable for windshield or driver's window to be
furnished. Visor shall have full range of motion without restrictions
408 Doors - Locking and unlocking capability of all doors, except for front
passenger door.
A. Passenger Door - The front entrance door shall be located behind the right
front wheel and shall be driver controlled. Door shall have a minimum
height of74 inches. Van door is not accessible Edges of the entrance door
must provide a sealed doorway, and shall be reinforced to prevent tearing.
Door must have lock or latch on the inside so as to prevent accidental
opening and to prevent entrance from e"tcrior when door is closed and
latched Drush seal shall be provided at the door bottom The dom will be
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operated by a power operator of proven manufacturer: Control is to be at the
drivers' console.
B. Lift Door - A door shall be provided for the installation of a wheelchair lift
device meeting ADA standards, The location of this door should be on the
right side of the vehicle. When in full open position, wheelchair lift access
doors should be firmly fixed in position and provide a clear opening
between the floor and lintel of 68 inches minimum,
C. Rear window shall double as emergency egress unit and meet FMVSS 205 and
FMVSS 217. Latches for emergency egress windows should have positive
durable latching.
4.09 Bumpers - manufacturer's standard bumper shall be heavy duty minimum 8
gauge steel and extend beyond projected vertical lines of all body paneling
and exterior lights. Bumpers shall be fastened directly to the vehicle frame,
Bumper height shall be industry standard to provide protection against
automobile and bus damage.
4.10 Towing - vendor must supply a means and description of procedures for
safety towing the vehicle according to the chassis manufacturer's
recommendation.
4.11 Stepwells - steel welded to floor and sidewell (or equal); sealed to prevent
dust and water leaks.
4,12 Undercoat - entire body shall be undercoated with a non-hardening and
non-chipping materials. Chassis shall be rustproofed to OEM standard. In
addition, no warranties shall be reduced or limited by the application of
undercoating.
4,13 Rubber or molded fender splash guards shall be installed on rear wheel
openmgs.
5. VEHICLE FEATURES
5,01 Seating - bidder shall propose seating lay-out and wheelchair securement
areas along with bid. Exceptions to capacity required to meet other
specifications must be noted.
A. Forward-facing medium-back (21-26" from top of seat to top of seat back)
bucket passenger seats secured to the vehicle floor in accordance with
FMVSS #207. All buses to have track type seat anchorage to allow users to
easily arrange seating configurations, continuous from front to rear of
passenger compartment.
B. Priority seating signs and all other ADA required signage must be
included.
City ....f l-l" "tinB" lH;'ll ll:\gp ,9. of ~()
C. All "flip seats" are to be double (two-passenger) forward facing seats unless
otherwise specified. Unless otherwise specified, flip seats may be jump-seat,
flip-seat, fold-away, or other approved method of folding a seat
aside to accommodate additional space for wheelchairs or additional seated
passengers in the absence of wheelchairs.
5.02 Seat construction -The individual bucket type passenger seats shall be 18
inches wide, of the medium-high back type. Grab handles shall be furnished
on one aisle seat in each row of two, The grab handles shall be manufactured
as an integral part of the seat.
Each seat cushion shall be reinforced with heavy duty metal springs to prevent
sagging and shall be fully padded with minimum flve (5) inch thickness high-
density molded polyurethane foam. Seat covering shall be minimum heavy
duty (#3 or #4) vinyl and may include fire-retardant fabric material. All
plywood used in the seats shall be treated for fire retardant and to resist
decomposition.
A. Seat coverings - (Driver and passenger seats) - Cloth, color to be selected
by the City of Hastings from several available colors (or patterns). All materials
used in the construction of the seating cushion, frame, shroud, and upholstery
shall meet or exceed the flammability and smoke emission performance.
B. Bidder will identifY the manufacturing and type of seats to be included as
part of this bid.
5.03 Driver's Seat - fully adjustable high-back bucket seat, deluxe cloth to
meet above seat covering criteria, with right side arm rest and seat belt.
Color coordinated. The driver seat will be positioned in a proper
ergonomic position for routine operation of the vehicle, and shall be the
best available for use in the chassis provided.
SpecifY make and model:
5.04 Seatbelts - the driver's seat and all other passenger seats are to be
equipped with adult seatbelts.
5.05 Lift - ADA approved lift is required. Lift shall meet all State, Federal,
ICC, and ADA requirements.
IdentifY make and model of lift:
5.06 Wheelchair Securement Devices - Minnesota approved wheelchair
tiedowns must meet State Motor Carrier Office safety and installation
requirements as identified in Appendix II. Wheelchair tiedowns will be flush
mounted on the floor. Provision shall be made to hang straps and buckles off
the floor, or to be secured in container easily accessible to the wheelchair
securement area. All wheelchair securement devices provided and the
installation thereof perrormance pursuant to these specifications shall meet or
surpass the minimum standards per ADA requirements Mounts must be ADA
approved with shoulder harness Shoulder harness shall be adjustable at
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location of attachment to wall to compensate for some variation in size of
wheelchair or passenger.
IdentitY make and style of securements:
A. At no time shall the position of a wheelchair securement device or area, 30
inches wide per ADA specifications, when in use with a standard (per
ADA) wheelchair, reduce clear aisle space to less than the dimensions
specified in this bid (Section 1, Part 1.10).
5.07 Heating - two heating systems; one (1) in front which shall be the standard
heater supplied by the bus manufacturer and one (1) rear floor mounted. Rear
heater capacity shall have a mini 60,000 BTU's. Both units and the circulation
pump shall be controlled at the driver's console,
5.08 Defroster Fan - mounted on right side of dashboard or above windshield
and controlled at the driver's console,
5.09 Vehicle lighting - Interior Lighting - six (6) overhead lights minimum,
controlled at driver's console. Interior coach area shall be fully illuminated with
flush-mounted, incandescent, ceiling mounted fixtures,
A. The front entrance, and rear exit if provided, shall be lighted by stepwell
lights, suitably mounted and of brilliance so that the entire step well and
not less than 24 inches of the ground area immediately outside the coach
door is well illuminated, Entrance door step light shall be automatically on
only when the door is open. Exit door step well light shall be on
continuously when interior bus lights are on. Exit step well light shall be
mounted no more than 24 inches directly above any step tread.
B. Light wiring conduit shall be enclosed and weather protected.
C. Engine compartment shall be provided with at least one (1) conveniently
located 10 - candle power light, which automatically lights when the hood
is opened, Light shall illuminate mouth of engine oil dipstick sheath,
among other components.
D. Flashing directional signals, self canceling, shall be operated. by lever on
the steering column and shall be provided on the front and rear of the
coach and must permit continuous flashing of all directional lights for
emergency parking, even with brakes applied. This specification exceeds
the capabilities of the regular flashing signals.
E. Indicator light shall be provided in dash panel for turn signal and
emergency flashers.
F. Grounding shall be designed and installed for maximum system reliability. The
main ground of body to chassis, in no less than two (2) places, shall be a
minimum gauge 6 wire size and will be secured using star washers to improve
contact. Plating and coating using electrically - conductive material shall be
used at all ground terminals (0 prevent corrosion Individual system and
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component returns shall be in equal size to the f~:ed wire of the circuit with
redundancy used wherever required to attain satisfactory system performance.
To accommodate composite body construction, grounding will be effected to
light fixtures with a grounding plate permanently welded to the metal frame.
5.10
Exterior Lighting - all exterior lights shall comply with State, Federal and
ICC requirements. Headlights shall be halogen type. Required lights
include headlights, backup lights, parking lights, separate stop and turn
lights. Front and side reflectors required.
A.
Roof marker lights, one at each corner of coach with amber lens on front
corners, and red lens on rear corners, shall be provided.
Michigan marker lights, three (3) lamp clusters, amber lens at front, red
lens at rear, shall be provided.
B.
c.
Six (6) ICC exterior type reflectors, two on each side of coach, and two (2)
on the rear of the coach shall be provided, suitably mounted.
D.
One (1) recessed license plat mount license plate light.
E.
OEM Chassis-supplied system controls with body, wiring to stop, tail, turn
signal system.
5.11
Gauges - full gauge package including fuel, oil pressure, water
temperature, ammeter or voltmeter.
5.12
Storage compartments with door and latch totaling 5 cubic feet minimum.
Specify size and location(s).
Windshield Wipers - OEM intermittent pulse type with washer.
Electrically operated. If windshield washer fluid is provided with delivery,
it shall be of an alcohol type anti-freeze solution.
5.13
The vehicle shall be fitted with exterior mirrors on both sides. The mirrors shall
comply with FMVSS III and will include a minimum 6 inch wide by 8 inch
high rectangular flat mirror and a 6 inch diameter or square wide angle lens
on both sides.
5.14
Fish eye lens will be provided for the back of the bus to permit the driver
to view behind the rear bumper area ( not exterior rear mounted convex).
5.15
5.16
Stanchion with cross rail behind driver, attached to wall. Driver protection
panel or panels behind driver extending past driver's head area.
5.17
Modesty Panel - between entry door and front seat, with crossrail and
vcrtical stanchion, attached to wall.
5. 18 ~~_~_ Handrails - entry assist handrails, both left and right.
rity "fH,,~ting~ RFP P"W,'l "f10
A. A full-length grabrail shall be securely attached to the ceiling and extend on
on one side ofthe aisle.
5.19 Extra vision windows - two (2) large windows or one (1) combined large
in transition panel between chassis fender and front right side passenger
loading area. School bus windows are not acceptable.
5.20 Fire Extinguisher - minimum five (5) pound (5ABC) type rechargeable,
mounted upright near driver compartment.
5.21 First Aid Kit - in a dustproof container, labeled "FIRST AID", shall be
mounted in easily accessible location. The first aid kit must contain
at least the following items: A 24-unit First Aid Kit including (1) six four-inch
by four-inch sterile gauze pads; (2) two soft roll bandages three inches to six
inches by five yards; (3) adhesive tape; (4) scissors; (5) adhesive bandages
(band-aid or equal).
5.22 Three emergency warning triangles shall be provided in an emergency kit. Both
faces off each triangle must consist of red reflective and orange fluorescent
material. Each of the three sides of the triangular. device must be. 17 to 22
inches long and two to three inches wide. Triangles to be provided in a
protective container.
5,23 Backup Alarm - electric alarm, activated by reverse transmission setting,
108 decibels minimum and clearly audible to pedestrians.
5,24 Air Conditioning - factory dash air conditioning plus 40,000 BTU minimum
rear air conditioner twin fan, skirt mounted condenser. Minimum of three (3)
operating speeds, Condenser will have condenser and fan weather cover for
protection in off-season, Both air conditioning systems shall be controlled at
the driver's compartment.
5.25 Mud Flaps - installed front and rear (large enough to cover both duals)
mud flaps.
5.26 All onboard electronics and electrical wiring shall be compatible with two-
way radio equipment. All vehicle components shall be properly shielded
and bonded for proper operation of two-way radio equipment..
5.27 AM/FM radio with warranty same as the body with 4 speakers mounted
in the passenger compartment. Fuses shall be easily replaceable. Ferrous metal
grounding plate shall be provided for composite body antenna mount.
5.28 Paratransit Option - A roof-mounted mounting plate shall be installed for later
two-way radio system installation. An antenna conduit and feeder wire shall
be installed from the mounting plate to the location of the radio unit. A red
#12 neutral wire shall be provided from the bus electrical panel to the location
of the radio unit. The radio unit will be located on the door operator bracket.
A pigtail will be left at the radio mount of ample length to add a custom
connector at installation. Mount for two-\\ay radio unit shall be provided on
top of the radio unit.
rity ofHll"tinE" RFP
6. SERVICE. WARRANTIES. AND DELIVERY
P~gf' II fino
6.01
6,02
A.
B.
C.
D.
E.
G.
6.03
Maintenance and Inspection Schedule - a single comprehensive maintenance
and inspection schedule for each type of vehicle DDr which a bid is submitted,
that incorporates the required maintenance and inspection of body, chassis,
tires, wheelchair lift, and other equipment and sub-systems, as prescribed by
the respective manufacturers, The maintenance and inspection schedule shall
be supplied with each bus.
Service Policy and warranties
Bidder shall supply documentation that tire warranties are applicable for
transit usage (e.g., urban and rural, 500 to 10,000 miles/month). Tires shall
be covered by the warranty that is standard to the industry, at a minimum.
The wheelchair lift system shall be covered by a warranty providing at a
minimum, all replacement parts, repairs, labor charges and installation
needed due to defects in materials and workmanship, and installation shall
be furnished and installed promptly without charge by authorized
service representatives within the first year (minimum) after final delivery
of the vehicle. All lift power train parts shall be warrantied for at least
five (5) years.
The bus shall have an applicable manufacturer walTanty and extended service
policy for a minimum of three (3) years/60,OOO miles, that covers the chassis,
including engine, transmission, power train, cooling, fuel system, steering,
front suspension, brakes, chassis electronics, factory heating and air
conditioning, computers, wheels, and other chassis components. E.G. Ford
"BaseCare" plan or GM "Custom" Plan.
The body structure materials and workmanship shall be warrantied for a
minimum of three (3) yearsl75,000 miles whichever occurs first.
All installation, labor, and workmanship and accessory equipment (including
electrical) performed by the body manufacturer, shall be warrantied for a
minimum of two (2) years/45,000 miles whichever occurs first.
The bidders shall describe all walTanties they propose to furnish for
vehicle body, chassis, lift, air conditioner, and workmanship/installation.
As an addendum to this bid, each bidder must submit a detailed warranty
statement with the bid.
The vendor shall provide the recipient or a designated representative of the
recipient the opportunity to inspect the vehicle for compliance with these
specifications and for compliance with applicable motor vehicle
regulations. The inspection(s) must be completed prior to releasing the
vehicle to the recipient or recipient's designated representative and prior to
acceptance of the vehicle.
C'ity nfH,,~ting~ RFP P"gf' 71 nf10
A. Prior to releasing the vehicle to the City of Hastings designated representative,
the vendor shall provide hands on instructions in the proper and safe
operation of all mechanical, electrical and hydraulic components in the
vehicle conducted by a qualified and experienced vendor employee.
B. Before accepting the vehicle, a City of Hastings driver will conduct an
operational familiarization test drive with a qualified vendor employee,
Only when the City of Hastings driver is satisfied with the operation of the
vehicle shall the City of Hastings designated representative receive the
vehicle.
C, In addition, the vendor shall provide the City of Hastings designated
representative with all pertinent warranties and service manuals provided
by the manufacturers of the vehicles chassis, drive train, body,
wheelchair lift with interlock system plus any and all equipment installed
within the vehicle and/or attached to its exterior.
6.04 The bidder shall state with the bid and provide with the vehicle the names
and locations of technical service representatives responsible for assisting
the purchaser, as well as the location of at least one, and including all
Minnesota suppliers, of parts and components for repair and maintenance
of the following: body, lift, air conditioning.
6,05 The manufacturer's certification label shall indicate the original seating
capacity of the vehicle., OR a label not larger than 2" x 3,5" shall be
affixed to the vehicle in a location protected from wear and adjacent to the
manufacturer's certification label or similar label. The label shall state:
ORIGINAL SEATING CAPACITY
"DESIGNED TO TRANSPORT"
## PASSENGERS (INCLUDING DRIVER)
The ## shall be replaced with numerals that indicate the original seating
capacity. The original seating capacity, including the driver, shall be
based on the maximum number of actual seating position furnished with
each specific vehicle. The final stage manufacturer shall determine the
original seating capacity, based on the number of seated positions actually
included on each vehicle. A wheelchair securement position is considered
to hold one passenger, unless flip-seats in the same location would allow
two or more passengers to occupy that position instead. The original
seating capacity shall include all removable seats provided with the
vehicle that could be simultaneously installed and used in the vehicle. Do not
count potential seating positions which are not actually included in the vehicle.
See appendix.
A.
The successful vendor shall also provide one letter or certificate that indicates
the "original seating capacity" that the vehicle was "designed to transport"
as described above. This letter or certificate shall also include the vehicle
identification number (VIN) and the manufacturer's model and serial number.
City nf1-la~tine~ RPP PafY' 74 nf'W
7.0 Trade In
A. One (1) 1989 Hawk Bus with Wheelchair Lift Plus One (1) Wheelchair
position. Trade in vehicle can be viewed by scheduling an appointment with
Joyce Hottinger at (651) 437-4127. Final decision on whether to exercise
trade-in shall be made at time of award of bid.
rity ....fHll<:ting<: RFP
PROPOSAL
TECHNICAL RESPONSE FORM
A. Bus Manufacturer
B. Bus Model Number
C. Production Location
D. Warehouse and Service Locations
E,
Dimensions Construction
4. Overall Length
a, over bumpers
b. over body
5, Overall Width
a. over body excluding mirrors
b. over body including mirrors
c. over wheel wells
6. Overall Height
a, over height (front - at G.v.W)
b. over height (rear - at G.V.W)
Ill.
4. Floor Height and above ground (at each door at G.V.W.)
a, ambulatory door
b. wheelchair door
7. Interior Head Room (center of aisle)
a. front streetside panel behind driver
b. drive axle location
6. Doorway Clear Opening (including grab handles)
a. ambulatory Width
b. wheelchair lift Width
7. Minimum Ground Clearance (between bus and ground)
8. Horizontal Turning Envelope
a. outside body turning including bumper radius
b. inside turning radius
(inside wheel splash guard)
9. Wheel Base
10. Overhang, Centerline of Axle Over Bumper
a. front
b. front
lD.
Ill.
P"81' 7<; ....no
ft.
ft.
Ill.
Ill.
Ill.
Ill.
Ill.
Ill.
Ill.
Ill.
Ill.
Ill.
Height _ in.
Height _ in.
Ill.
ft.
Ill.
ft.
lD.
Ill.
lD.
lD.
C'lt)' nf'H~QtinBQ RFP
E. Dimensions Construction (continued)
II. Floor
a. interior length from panel behind driver
b. interior width (at floor)
c. interior length from panel behind ambulatory door
12. Construction TypelMaterials
a. sub frame
b. body frame
c. exterior panels
d, interior panels
e. insulation
13. Seats
a. total number of seats
b. minimum knee to hip room
c. minimum foot room
d. minimum aisle width
e. seat type & model
F.
Weight of Bus (unloaded with full fuel tank)
1. On Front Axle
2. On Rear Axle
3. Total
(Weight) loaded:
1. On Front Axle
2. On Rear Axle
3. Total
G.
Engine
1. Manufacturer
2. Type
3. Model Number
4. No. Of Cylinders
5. Bore
6. Stroke
7. Displacement
8. Compression Ratio
9. Net S.A.E. Horsepower
10. Net S.A.E. Torque
II. Weight Dry
12. Crankcase Oil Capacity
13. Turbo Charger, Make & Type
14. Maximum Speed, not a load
15. Maximum Speed, [ullload
16. Speed at Idle
17. Speed at fast Idle
18. Emergency Shutdown Control
P"Et?1> nf"O
tn.
tn.
tn.
tn.
tn.
tn.
tn.
Ibs.
Ibs.
Ibs.
Ibs.
Ibs.
Ibs.
_hp. at_rpm
_ Ibft.at_ rpm
Ibs.
Qts
rpm.
____ [pm.
_.._ [pm.
~rpm
C'ity nfH""ting" RFP P"gP 17 nf10
H. Transmission
1. Manufacturer
2. Type
3, Model Number
4. Speeds
5. Gear Ratios Forward Reverse
6. Shift Speeds:
a. 1st _ 2nd mph
b. 2nd _ 3rd mph
c. 3rd _ 4th mph
7. Oil Capacity (including cooler) qts.
8. Cooler Make, Model
I. Alternator
1. Manufacturer
2. Type
3, Model
4, Output at Idle amps
5, Output at Maximum Speed amps
6. Maximum Warranted Speed
7. Speed at Idle rpms
8. Drive Type
1. Starter Motor
1. Manufacturer
2. Type
3. Model
K. Air Compressor (if required)
1. Manufacturer
2. Type
3, Capacity, at Idle din,
4. Capacity, at Maximum Speed cfm
5. Maximum Warranted Speed
6. Speed at Idle
7, Driver Type
L. Axle. Front
1. Manufacturer
2. Type
3. Model Number
4. Gross Axle Weight Rating lbs.
M. Axle. Rear
1. Manufacturer
2. Type
3. Model Number
4. Gross Axle Weight Rating lbs.
5. Axle Ratio
City OfT-l:J~tine~ RFP
PaW' ?R f)f'W
N.
Chassis
1. Manufacturer
2. Gross Vehicle Weight
Ibs.
o.
Steering Power
1. Pump
a. manufacturer and model no.
b. type
c. relief pressure
pSI.
2. Power Steering Fluid Capacity
3. Effort at Steering Wheel
(Unloaded stationary coach on dry asphalt pavement)
gals.
Ibs.
P. Brakes
1. Makes of Fundamental Brake System
2, Brake Details:
Front
a. type
b. manufacturer
c. diameter
Rear
a. type
b. manufacturer
c. diameter
3. Brake B10cklPad Area Per Wheel
a. Front
b. Rear
sq. m.
sq. m.
Q. Cooling System
1. Radiator
a. manufacturer
b. type
2. Total Cooling & Heating System Capacity
(excluding auxiliary heating system)
gals.
3. Radiator Fan Speed Control
type
4. Surge Tank, Capacity
5. Engine Thermostat Temperature Setting
6. Overheat Alarm Temperature Sending Unit Setting
rity nfH""ting" RFP P"gf>?Q nf10
R. Climate Control Equipment
Front Rear
1. Heating System Capacity B.T.u. B.T,U.
2. Ventilating Capacity cfm cfm
3. Heating Cores
a. manufacturer & model #
4. Heater Motors
a. manufacturer & model
b. speed(s)
5. Heater Blowers
a. manufacturer & model
b. capacity
6. Controls Front Rear
a. type
b, manufacturer & model
7, Circulating Pump
a. manufacturer
b. model number
c. capacity rating gph.
8. Air Conditioning Compressor cfin
a. manufacturer
b. model number
9. Air Conditioning Evaporator
a. manufacturer
b, model number
c. capacity - BTU
d. volume of CFM at high speed
e. mount location
10. Air Conditioning Condenser
a. manufacturer
b. .model number
c. capacity - BTU
d. volume of CFM at high speed
e. mount location
rity nfHl!~tingQ R~D
P!lOP ~n flnn
~
S. Interior Lighting
1. Type
2. Number of fixtures
3. Size of fixtures
T. Tires
1. Manufacturer
2, Size
3. Type
4. Load Range
5. Air Pressure (front)
6. Air Pressure (rear)
lbs.
Ibs.
u.
Batteries
1. Manufacturer
2. Type, Size
3. Capacity (CCA at 0 degrees F)
Main
Accessory
V. Wheelchair Lift
1. Make
2. Model
W. Restraint System
1. Wheelchair Tie-down
Make, Model
2. Seat Belts - Make, Model
X. Interlock
1. Make
2. Model
y.
Trade In
Trade In Value
1. One (1) 1989 Ford Hawk Bus with wheelchair lift plus
one (1) wheelchair position. Approximate mileage 65,562 $
PROPOSAL RESPONSE FORM
PROPOSER'S DECLARATIONS AND STATEMENTS OF UNDERSTANDING
The undersigned (hereinafter called the "Proposer") declares that we have read the Request for
Proposal and have the authority to submit the following proposal on the basis that the undersigned,
its firm and employees or agents, agree to meet all requirements contained in this RFP. We further
declare that we have full authority to enter into the agreement which may result from acceptance of
this proposal by the Metro Mobility Service Center and the Metropolitan Council.
We agree that, in addition to this Proposal Response Form, the response to this RFP and letter of
transmittal constitute the proposal:
CERTIFICATIONS:
We certify that, in preparing this proposal, we have not been assisted by any current or former
employees of the Metropolitan Council whose duties relate or did relate to this proposal or
prospective agreement, and who was assisting in other than his or her fiscal capacity, Neither does
such person nor any member of his or her immediate family have any financial interest in the outcome
of this proposal. Any exceptions to these assurances are described in full detail on a separate page
and attached to this Proposal Response Form.
We certify this proposal follows exactly the proposal format and contents as required in the Request
for Proposal.
CONTACT PERSON:
We hereby designate at telephone number
person to contact for additional information about our proposal.
as the
SIGNED this
day of
,1998
Firm:
Address:
City/Zip:
State or province of Incorporation:
Telephone:
BY:
COST PROPOSAL FORM
The following submitted proposals will be considered "valid" for 120 days from the proposal closing
date of Friday, December 11, 1998. Please forward this cost proposal from with your company's
price proposals for the vehicle types specified in this document. All costs are included in the unit
price such as taxes, shipping, and any other costs associated with the coach and its delivery as pre-
prescribed.
Number
of Units Total Price
Item Description
Unit Price
1. Transit Option Vehicle, As Specified
We, the undersigned Proposer, propose to provide vehicles as specified in this RFP with the above
quoted prices.
Company Name: (please print or type)
Address:
Telephone Number:
Fax Number:
Authorized Name: (please print)
Authorized Signature:
Signer's Title: (please print)
Date:
Earliest possible final delivery date for bus
DELIVERY
The Proposer shall furnish the following delivery information which shall become a part of any
contract entered into pursuant hereto:
Number of Days to Commence
Subsequent to Receipt of
Notice to Proceed:
Rate of Completion:
Number of Days to Completion:
BIDDER CERTIFICATE STATEMENT
Please fill out the entire certificate and return with your bid.
1. If the bidder is not the parent company, insert below the name and main office address of the
parent company. (A parent company is one that owns at least a majority, fifty-one percent
(51 %) of the voting rights and/or assets in that company).
I,
(authorized official - typed)
(Title)
for
, the bidder, attest to the authority of
, to submit this bid proposal on behalf of the
bidder and the parent company if other than the bidder.
(Authorized official-signature)
2. The bidder hereby certifies that they are not included on the United States Comptroller
General's list of persons or fions currently debarred for violations of various public contracts
incorporating labor standard provisions.
3. By submission of this bid, each bidder and each person signing on behalf of any bidder
certifies, and in the case of a joint bid, each party certifies as to its own organization, under
penalty ofpeIjury, that to the best of knowledge and behalf:
a. The prices of this bid have been arrived at independently without collusion, consultation,
communication or agreement, for the purpose of restricting competition as to any other
matter relating to such prices with any other bidder or with any competitor.
b. Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder to any competitor; and,
c. No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit or not to submit a bid for the purpose of restricting
competition.
4. The bidder covenants that he presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner with the performance of services required of
the successful bidder. The bidder fwiher covenants that no person having such interest shall
be employed by the bidder.
5. In connection with the submission of this bid, the bidder agrees that it will not discriminate
against any employee or applicant for employment because of race, religion, color, sex, age
or national origin. The bidder will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, age, or national origin.
Signature
Title
Company
Taken, subscribed and sworn before me this
day of
,1998.
Notary Public in and for the County of
My Commission expires:
VI-3
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
October 15,1998
Resolution-Livable Communities Program Participation
RECOMMENDED CITY COUNCIL ACTION
It is recommended that the City Council take action approving the enclosed Resolution
Electing to Continue Participation in the Local Housing Incentives Account Program
Under the Metropolitan Livable Communities Act.
BACKGROUND
Attached to this memorandum is information that Staff has received from the
Metropolitan Council regarding the Metropolitan Livable Communities Act and the
participation ofthe City of Hastings. Please note on the worksheet that the City is
expected to spend almost $4,900 in livable communities contributions. Also note in the
letter that examples include: "local dollars for housing assistance, development or
rehabilitation programs, local housing inspection and code enforcement, or local taxes to
support a local or county HRA."
With the various programs the City and City HRA are involved, the City's ability to
fulfill the responsibilities of the Livable Communities program are numerous, and thus
Staffrecommends that the City Council adopts the attached Resolution indicated the
City's co 'nued participatio in the program.
RESOLUTION NO.
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1999
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25
to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address
housing and other development issues facing the metropolitan area defined by Minnesota Statutes
Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account and the Local Housing
Incentive Account, is intended to provide certain funding and other assistance to metropolitan area
municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under
the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup
funding from the Minnesota Department of Trade and Economic Development unless the
municipality is participating in the Local Housing Incentives Account Program under the Minnesota
Statutes Section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council
to negotiate with each municipality to establish affordable and life-cycle housing goals for that
municipality that are consistent with and promote the policies of the Metropolitan Council as
provided in the adopted Metropolitan Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the actions the
municipality plans to take to meet the established housing goals through preparation of the Housing
Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing,
negotiated affordable and life-cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year; and
WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in
the Local Housing Incentive Account Program during the calendar year 1998, can continue to
participate under Minnesota Statutes Section 473.254 if: (1) the municipality elects to participate in
the Local Housing Incentives Account Program by November 15,1998; and (b) the Metropolitan
Council and the municipality have successfully negotiated affordable ,md life-cycle housing goals
for the municipality:
NOW, THEREFORE, BE IT RESOLVED THAT the City of Hastings hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable Communities
Act during the calendar year 1999.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA
THIS 19TH DAY OF OCTOBER, 1998.
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
ATTEST:
Joyce P. Hottinger, City Clerk
(SEAL)
~ Metropolitan Council
~ Working for the Region, Planning for the Future
DATE:
August 7,1998
TO:
SUBJECT:
City Managers and Administrators .A A ~
Thomas C. McElveen, Deputy Director, Community Development Division LtJlI" --
Certification of 1998ALHOA
-FROM:
Thank you for your participation in'the 1998 Metropolitan Livable Communities Act (LCA) program.
Your community's commitment and involvement has contributed to the region's overall economic
competitiveness and made tangible progress in providing affordable and life-cycle housing for metro area
residents,
- Looking ahead to 1999, the Metropolitan Council seeks your community's renewed participation and
continued cooperation in Livable Communities efforts. As part of the LCA legislation, the Council
annually notifies each community of its "Affordable and Life-cycle Housing Opportunities Amount
(ALHOA)". The ALHOA is derived from the formula prescribed in law including market value, tax
capacity and tax rates by the county assessor, It is an amount oflocal expenditure to support or assist the
development of affordable and life-cycle housing or maintain and preserve such housing, The enclosed
ALHOA is the amount of local expenditure expected of the community during 1998.
Communities have some flexibility in determining which local expenditures fulfill the ALHOA
contribution, Examples include local dollars for housing assistance, development or rehabilitation
programs, local housing inspection and code enforcement, or local taxes to support a local or county
HRA.
Incentives for your community's renewed participation include access to $11 million for housing
development, clean-up of polluted sites for business and housing development, and mixed use
development. Also, your community's ALHOA expenditure will be reported in the Council's Annual
Housing Report Card required by the LCA.
Your community's intent to participate in the 1999 Metropolitan Livable Communities program is needed
by Nov, 15, To help you in the preparation, a model resolution is enclosed. Planning assistance for staff
or information presentations for elected officials are available by contacting your sector representative
(see below). Questions about the ALHOA can be referred to Guy Peterson at 602-1418.
We look forward to continuing our regional commitment to affordable and life-cycle housing. Thank you
for your consideration.
Sector Representatives:
Anoka, Washington, and Ramsey Counties
Dakota, Carver and Scott Counties
Hennepin County
Minneapolis and St. Paul
Guy Peterson
Carl Schenk
Tom Caswell
John Kari
651-602-1418
651-602-1410
651-602-1319
651-602-1548
V:\I..IBRARY\COMMUNDV\Kruger\PETERSON\ALHOA Itr to new part 98.doc
230 East F:fth Street St. Paul, Minnesota 55101.1634 {612j 291-G35fl Fax 291-6550 TDD/T1Y 291-0904 Metro Info Line 229-3780
All Equal Opporlullil.l} Employ.;:r
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EXPLANATION OF
AFFORDABLE LIFE-CYCLE HOUSING OPPORTUNITIES AMOUNTS
FOR THE YEAR 1998
Simply stated, here's how we determined your community's ALHOA for 1998.
Determine the average market value of your city's houses in 1995. Double it to arrive at a
base value. Find all of the 1995 high priced homes that are above this base value.
Subtract the base value from each of the high priced homes to arrive at an excess value
number, Add up all of those excess values, This is the base year excess number. It
doesn't change,
Do the same for the current year, this time using the current market values for the houses
and the current base value supplied by the Met Council.
If the current year's excess is bigger than the 1995 excess, subtract the 1995 excess from
the current year. Multiply the resultant number times your city's tax rate, This is your
Affordable & Life Cycle Housing Opportunities Amount.
Definitions:
HOMESTEAD
A homestead is defined as property regularly "homesteaded" by its owners. For farm
homes, it represented the assessment of the farm house, a garage and one acre of land
only.
CONSUMER PRICE INDEX ( CPI )
The Consumer Price Index measures the inflation factor in the U.S. economy. The
Department of the Interior publishes this rate monthly along with a yearly average. For
this program, the yearly average CPI is used.
To ensure that this base value did not lose its meaning in future years the base value is
increased by the CPI each year. This increased value represents the effect of inflation on
the market value of houses in your city. Changing the base value every year, prevents
some houses that did not get included in the base year calculation getting included in
future years just because their market value changed.
Refer to attached sample city printout for assistance
. I
Column H-230,OOO
This number is the total of all homestead property tax capacity (not market value of the
properties) in your city times 4 %. The number is calculated and supplied by the County
Auditor. Why 4 %? Since all higher priced homes will have a value above $ 72,000, then
their tax capacity would be at 2 %. However, since the program doubles the market value
to arrive at the base value, then the tax capacity on the homest<ead tax capacity should
also be double or 4 % (2 % x 2 = 4 % ).
Column 1-57,500.00
This number is the result of multiplying the 4% Homestead Tax Capacity ( Column H )
times your city's local tax rate (Column K).
Column J-12,500.00
This column is the lower of Column G or Column J. Simply stated it represents the
calculated extra property taxes your city receives from these higher priced houses. In
some cases these extra property taxes may be the 4% of Homestead Tax Capacity number
( Column J) rather than the Excess Growth number ( Column G ), In these instances,
the growth of high priced homes is faster than 4 % of the net tax capacity for the city.
Column K--25.000 %
This is your city's local tax rate for 1998 as certified by the county auditor.
Column L---12,500.00
This is the same as Column J. It represents the Affordable Life-Cycle Housing
Opportunities Amount for 1998.
Column M-125
This is the actual number of higher priced homes that had values above the hurdle rate in
1997.
Column N--150
This is the actual number of higher priced homes that had value:s above the hurdle rate for
1998.
Column 0-20.00%
This is the increase in higher priced homes from 1997 to 1998. For information only.
. . .
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,.0
RESOLUTION NO,
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM:
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1999
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statue:s Section 473.25 to 473,254)
establishes a Metropolitan Livable Communities Fund which is intended to address housing and other
development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization
Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is
intended to provide certain funding and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the
Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from
the Minnesota Department of Trade and Economic Development unless the municipality is participating
in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate
with each municipality to establish affordable and life-cycle housing goals for that municipality that are
consistent with and promote the policies of the Metropolitan Council as provided in the adopted
Metropolitan Development Guide; and .
WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality
plans to take to meet the established housing goals through preparation of the Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated
affordable and life-cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives
Account Program must do so by November IS of each year; and
WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in the Local
Housing Incentive Account Program during the calendar year 1998, can continue to participate under
Minnesota Statutes section 473,254 if: (a) the municipality elects to participate in the Local Housing
Incentives Account Program by November 15, 1998; and (b) the Metropolitan Council and the
municipality have successfully negotiated affordable and life-cycle housing goals for the municipality:
NOW, THEREFORE, BE IT RESOLVED THAT the {specific municipality} hereby elects to
participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act
during the calendar year 1999.
By:
Mayor
By:
Clerk
\lMETC]S2\DATA\USERSISHARED\L1BRARY\COMMUNDV\KrugerIPETERSON\LCA cont pal1 res 98.doc
VI.4
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
October 15, 1998
Resolution-Dakota County Water Resources Awareness Week
RECOMMENDED CITY COUNCIL ACTlON
Staff recommends that the City Council take action approving the attached Resolution
2tOb~ 18-24", ''O''''ot, County W,t" R"oun", Aw=", Wrek
David M. Osberg /'
City Adminis tor
RESOLUTION NO.
RESOLUTION DECLARING OCTOBER 18 TO 24,1998 AS DAKOTA COUNTY
WATER RESOURCES AWARENESS WEEK
WHEREAS, the protection of water resources in Dakota County is essential to maintaining
and enhancing the quality of life in Dakota County; and
WHEREAS, the mission of the 1994 Dakota County Water Resources Education Plan is
to provide citizens with the knowledge, understanding, and motivation to protect water resources;
and
WHEREAS, the City of Hastings is committed to protecting its water resources; and
WHEREAS, the City of Hastings has been working in partnership with the Dakota County
Environmental Education Program to implement water resources education programs; and
WHEREAS, it is appropriate to recognize the contributions of organizations and individuals
involved in water resources education activities that benefit the City of Hastings and Dakota County.
NOW, THEREFORE BE IT RESOL YED, that the City of Hastings will continue to work
with the Dakota County Environmental Education Program, as well as other organizations and
members of our community to implement water resources education programs.
BE IT FURTHER RESOL YED, that, the City of Hastings will continue to work with the
Dakota County Environmental Education Program, as well as other organizations and members of
our community to implement water resources education programs.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 19TH
DAY OF OCTOBER, 1998.
Ayes:
Nays:
Absent:
ATTEST:
Michael D. Werner, Mayor
Joyce P. Hottinger, City Clerk
(SEAL)
VI-5
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City council members
Lori A. Webster, Finance Director L ~
1998 Transfers! Budget adjustments vF
October 15, 1998
FUND TRANSFERS - 1998
The Engineering departments brought to our attention that some expenditures made in 1996 and
in 1997 were incorrectly coded and thus charged against the wrong funds. Evidently, the 1996
and 1997 Construction funds were incorrectly charged for services rendered. These errors were
made in 1996 and in 1997 and due to the fact that the books have been closed for these years the
only way to remedy this is by creating an operating transfer between these funds. Staff is
requesting the following transfer to correct this error.
Operating transfer in:
Operating transfer out:
496-1010-000 (1996 Construction Fund) $ 11,071.48
497-1010-000 (1997 Construction Fund) $11,071.48
and;
Operating transfer in:
Operating transfer out:
497-1010-000 (1997 Construction Fund) $ 1,375.57
496-1010-000 (1996 Construction Fund) $ 1,375.57
BUDGET ADJUSTMENTS - 1998
Within the first two months of the year, the City received $10,000 in donations for defibrillator for
the Police department. The City received $6,000 from the VFW, $3,000 from the Eagles, and
$1,000 from the Rotary club, These donations were not anticipated during the budget process,
nor were the related expenditures. For this reason staff is requesting a budget adjustment to
increase the revenues and expenditures for these donations by the amount of$10,00Q.
If you should have any questions regarding this information, please feel free to contact me.
Request for council action:
Approve the 1998 fund transfers and budget adjustment as detailed above.
I I
JOURNAL I
ENTRY I
NUMBER I
I
I
I
I
I
I
I
I
DATE
10120/98 1996 CONSTRUCTION - CASH
OPERATING TRANSFER OUT
I
I
I ACCOUNT
I NUMBER
I
1
I
1
I
1496-1010-000
I
1497-9900-720
I
1496-5900-720
I
1497-1010-000
I
- correction to coding - trf per council 1 0/19/98
Lv- ~url I
I I
1 I
I I
1496-1010-000 I
I 1
1496-9900-720 1
I I
1497-5900-720 I
I I
1497-1010-000 I 1,375.57 I
I I I
- correction to coding - trf per council 1 Q- t 4 - <i V f~" ~ ~~) I
~, \ ! ! !
W-I I 1
I I I
1 1 I
I I I
1 I I
I 1 I
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1 1 I
1 1 I
1 1 1
I 1 1
1 I I
1 I 1
I I 1
1 1 I
1 I 1
I 1 1
1 I I
1 I I
I 1 I
CITY OF HASTINGS
JOURNAL ENTRY
ACCOUNT
DESCRIPTION
OPERATING TRANSFER IN
1997 CONSTRUCTION - CASH
10120/98 1996 CONSTRUCTION - CASH
1 OPERATING TRANSFER OUT
I
I
I
I
1
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1 I 1
1 1---1
I 1 I
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I I I
OPERATING TRANSFER IN
1997 CONSTRUCTION - CASH
PAGE_ OF
PERIOD OCTOBER 1998
AMOUNT
1
I
1
CREDIT I
I
I
I
I
I
I
I
I
I
11,071.48 I
I
11,071.48 1
1
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1,375.57 I
I
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1,375.57 1
I
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DEBIT
11,071.48
11,071.48
1,375.57
SC)LTC)N & IVIENK,
Consulting Engineers & Surveyors
515 North Riverfront Drive. Monkoto, MN 56001-3499
Phone (507) 625-4171 · FAX (507) 625-4177
INC.
-;
TC96.0134
CITY OF HASTINGS/WALLIN 3RD ADDITION
FEASIBILITY STUDY - PLANS AND SPECS
Invoice # 39226
June. 24, 1997
Page 2
-------------------------------------------------------------------------------
Professional Services
Hours
Charge
CONSTRUCTION SERVICES / PROJECT CONST ENGINEERING
06/01/97 ASSOCIATE ENGINEER
06/13/97 ASSOCIATE ENGINEER
5.00
2.50
392.00
196.00
7.50
588.00
CONSTRUCTION SERVICES / RESIDENT INSPECTION
06/01/97 PROJECT/DESIGN ENGINEER
06/01/97 PROJECT/DESIGN ENGINEER
CHECK GRADES ON BIKE PATH
06/13/97 PROJECT/DESIGN ENGINEER
13.50
4.00
548.10
162.40
1. 50
60.90
Total P['ofes~
w# -io~
WtP ~oC
~ (".dK ~ lqqil
~ p~6~ ---
19.00
771. 40
CONSTRUCTION SERVICEE
06/01/97 CLERICAl
0.50
16.17
$
%1375.57
'------------------------
IIJ'k..11 DV if' t:i / Z-
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NOTICE: A finance charge of 1.5% per month (annual percentage rate of 18%) is charged on balances 30 days or over.
MANKATO . FAIRMONT . SLEEPY EYE . BURNSVILLE .. WILLMAR
AMES.IA . LIBERTY. MO
E30LTON & I'./IENK, INC_
Consulting Engineers & Surveyors
515 North Riverfront Drive. Mankato, MN 56001-3499
Phone (507) 625-4171 . FAX (507) 625-4177
INVOICE
TOM MONTGOMERY
CITY OF HASTINGS
100 SIBLEY STREET
HASTINGS MN 55033-0097
Invoice it 36493
September 19, 19<
Page 1
-.I p~,!,~l
i 6. ~;.2 {to ". . 3J
51'51,/;;1.
);. .C7
/"'07 I ~'f/' (
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Client IO: HAST
Project it: TC96.0134
CITY OF HASTINGS/WALLIN 3RD/4TH ADDITION
FEASIBILITY STUDY - PLANS AND SPECS
C()nt- r;::)"...i- 1\1, ,.......1-.................
1EK
\}JCUl ~ P dJ. ~J.. ~
( 4q~
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--------------------------------------------
'vices
$
16181.=
enses
$
343.C
---------.
--------.
$ r 16524. J
----------
----------
~********************************
*
~L~RQ~ H~M~T TO: BOLTON & MENK, INC.
515 NORTH RIVERFRONT DRIVE
MANKA TO , MINNESOTA 56001
*
*
*
*
**************************************************
---------~-----------------------------------------------------------------
r(;hdaY -U "312...
C k. Cl I ~ I 8 ~ [e) 2 1/ 1,r"
yti(,- (,7DO- 312.
NOTICE: A finance charge of 1,5% per month (annual percentage rate of 18%) is charged on balances 30 days or ove
MANkATO . FAIRMONT . SLEEPY EYE. BURNSVILLE . WILLMAR
AMES.IA . LIBERTY. MO
An Equal Opportunily EmploO'er
SYSTEM DATE 10115/98 TIME 07:55 CITY OF HASTINGS PAGE
REPORT DATE 10/15/98 FROM 120197 TO 123198
REVENUE STATUS AND HISTORY REPORT
ACCOUNT NUMBER ORIGINAL ESTIMATE YTD RECEIPTS UNCOLLECTED PREVIOUS YEAR
ACCOUNT TITLE ADJUSTMENTS BALA~ICE ESTIMATE RECEIPTS
POSTI NG DATE RECEIPT NO. DESCR I PT ION ADJUSTMENTS RECEIPTS
101-5710-000 .00 ,00 ..00 ,00 .00
SALE OF LAND/EQUIP. .00
** ACCOUNT TOTALS ** ..00 .00
101-5715-000 .00 ,00 ..00 ,00 2,750.00
DONATIONS .00
12/29/97 10028053 BARTON SAND & GRAVEL CO. 500.00
12/31/97 1053 BARTON DONATION-FIRE EXP 250.00-
12/31/97 1054 BARTON DONATION-POL EXPL 250.00-
** ACCOUNT TOTALS ** ..00 .00
101-5715-001 ,00 2,388,75 2,388..75- ,00 1,102.00
DONATI NS-OARE .00
01/06/98 20024771 DELORES ANDERSON 20,00
01/28/98 20025162 UNITED WAY OF HASTINGS 406.25
04/23/98 20026229 UNITED WAY OF HASTINGS 406.25
07/07/98 30016608 DARE DONATION/GEMINI,INC 1,000.00
08/24/98 10031606 DARE DONATION-STIPE'S 150.00
08/24/98 10031607 UNITED WAY OF HASTINGS 406.25
** ACCOUNT TOTALS ** ..00 2,388,75
101-5715-002 .00 .00 ..00 .00 .00
DONATIONS/DRUG AWARE/FORFEIT .00
** ACCOUNT TOTALS ** ..00 .00
101-5715-003 .00 10,000. .00 .00
DONATIONS-POLICE .00
01/14/98 20024851 VFW -DONATION DEFIBRULAT 3,000,00
01/15/98 20024853 VFW-DEFIBULATORS 3,000.00
01/20/98 30011268 DEFRIB. - EAGLES #2212 3,000.00
~2/05/98 20025342 ROTARY FOR DEFIBULATORS 1,000.00
** ACCOUNT TOTALS ** ..00 10,000,00
-
101-5715-004 ,00 286,00 286..00- ,00 ,00
DONATIONS- CANINE .00
04/22/98 10030026 DARE-POLICE DEPT. 286,00
** ACCOUNT TOTALS ** ..00 286,00
101-5715-100 ,00 ,00 ..00 ,00 ,00
'ONATlONS - CITY HALL .00
CITY OF HASTINGS
BUDGET JOURNAL ENTRY
PAGE_ OF
PERIOD OCTOBER 1998
I I
I JOURNAL I
I ENTRY I
I NUMBER I
I I
I I
I I
I I
I I
I I
I I
I
I
I
I ACCOUNT
I NUMBER
I
I
I
10/15/98 DONATIONS - POLICE (REVENUES) 1101-5715-003
1
1101-6210-580
I
1101-6210-470
I
9,283.56 I~CTUAL
601.00 IACTUAL "PPUr ~ fY:p
I I
9,884.56 ITOTAL I
I I
I
I
I
I
I
I
I
I
I
I
BUDGET AMOUNT
ACCOUNT
DESCRIPTION
DATE
INCREASE
DECREASE
10,000.00
EQUIPMENT - POLICE (EXP)
9,391,98
608.02
~
I
I
I
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I
I
1
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I
I
I'
I
I
I
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I
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1
I
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I
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VI-6
Memo
To: Mayor Werner & City Councilmembers o{%'
From: Joyce P. Hottinger, Administrative Assistant/City Clerl(('
Date: October 13, 1998
Re: Resolution- Applications for Renewal of Premises Permit for Lawful
Gambling at Friar Tucks, 1840 Vermillion Street & RJs Tavern, 106 Second
St. East- Renewal -Outreach Six Acres
Council Action Requested:
Adopt the attached resolutions which approve Class B Lawful Gambling Premises Permit
Renewal Applications at RJs Tavern, located at 106 Second Street, and Friar Tucks, 1840
Vermillion Street for Outreach Six Acres. The approval of the renewal request will be
contingent upon receipt of all necessary forms and background investigation fees. The
licenses will expire on December 31,2000.
Background:
Application has been received for a renewal of premises permit for lawful gambling at
Friar Tucks, located at 1840 Vermillion Street and RJs Tavern at 106 Second Street South
East. This application is for a Class B license, which allows pull-tabs, tipboards,
paddlewheels, and raffies. A background check is pending at this time.
Attachments:
1. Resolutions- approving Class B Lawful Gambling Premises Permit Renewal
Application (Attached)
A.- Friar Tucks, 1840 Vermillion Street
B- R/s Tavern, 106 Second Street
2. Memo from Outreach Six Acres Requesting Renewal Licenses
3. Renewal Applications (On File)
Memo To: City Council of Hastings
Subject: Premises Permit Renewal
Date: September 29, 1998
From: Outreach Six Acres;{f'C
We are requesting that our premises permits for the continuing of gambling activity at Friar
Tucks and Rjs Tavern be presented at your next city council for approval.
After approval please forward the resolution to Outreach Six Acres in the enclosed envelope.
If you need further information or have any questions please call Bob Cahlander or Rick
Anderson at 651-388-7442.
Thank you in advance for your support.
Enclosed is the state required premises permits and return envelope.
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
-98
RESOLUTION APPROVING APPLICATION OF A PREMISE PERMIT APPLICATION
FOR LAWFUL GAMBLING
WHEREAS, the Outreach Six Acres has presented an application to the City of Hastings
to conduct Lawful Gambling at Friar Tucks, 1840 Vermillion Street, Hastings, MN 55033; and
WHEREAS, the premise application is for Class B which pemtits raftles, paddlewheels,
tip boards, and pull-tabs; and
WHEREAS, the Outreach Six Acres shall comply with all applicable laws governing
lawful gambling and licensing requirements, including the requirement for 50% of lawful gambling
expenditures to be used for lawful purposes with the City of Hastings trade area., and successful
completion of a background investigation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings
that the Mayor and Administrative Assistant/City Clerk are authorized and directed to sign this
resolution and forward it to the Minnesota Department of Gaming, Gambling Control Division,
showing approval of this application for a Premise Permit at the Friar Tucks, 1840 Vermillion
Street,
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 19th
DAY OF OCTOBER, 1998.
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
Joyce P. Hottinger, Administrative Assistant/City Clerk
(SEAL)
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
-98
RESOLUTION APPROVING APPLICATION OF A PREMISE PERMIT APPLICATION
FOR LAWFUL GAMBLING
WHEREAS, the Outreach Six Acres has presented an application to the City of Hastings
to conduct Lawful Gambling at RJs Tavern, located at 106 Second Street, Hastings, MN 55033;
and
WHEREAS, the premise application is for Class B which permits raflles, paddlewheels,
tip boards, and pull-tabs; and
WHEREAS, the Outreach Six Acres shall comply with all applicable laws governing
lawful gambling and licensing requirements, including the requirement for 50% oflawful gambling
expenditures to be used for lawful purposes with the City of Hastings trade area, and successful
completion of a background investigation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings
that the Mayor and Administrative Assistant/City Clerk are authorized and directed to sign this
resolution and forward it to the Minnesota Department of Gaming, Gambling Control Division,
showing approval of this application for a Premise Permit at RJs Tavern located at 106 Second
Street.
ADOPTED BY THE CITY COUNCIL OF mE CITY OF HASTINGS mIS 19th
DAY OF OCTOBER, 1998.
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
Joyce p, Hottinger, Administrative Assistant/City Clerk
~ BIRKELAND ARCHITECTS INC.
HastinN~e
III East nard Street
Po. Box 154
Hastir(gs, MN 55033-0154
(651) l38-3613/FoAX (651) 438-'1571
MinneajJolis Ofjice
.r; 1 J - /1 th Avenue 5,'uuLh
Suite #334
A4inneapoli\~ '-'1.N 554/5-153 7
(612) 852-IJIJIJ7 / RiX (6'12) 852-IJIJIJ8
October 14, 1998
Dave Osberg, City Manager
Hastings City Hall
101 East Fourth Street
Hastings, MN 55033
Re: Hastings Civic Arena Addition
Dear Sir:
Enclosed are applications for payment we recommend paYlng subject
to your review and acceptance:
#14 July 1998
#15 August 1998
#16 Replaces #15
Total $7,598.85
Total withheld for verification of punch list
The following pay applications can be approved, but we need to
verify some site conditions and clarify some bartering and
backcharge procedures before paying. Those checks to be held are
as follows:
Kellington Construction
Fab-Con, Inc.
Listul Industries
Bartley Sales Co., Inc.
Skillman painting
$ 14,757.98
$ 8,827.90
$ 690.41
$ 3,599.75
$ 1,377.75
If there are any questions, do not hesitate to call.
Very truly yours,
BIRKELAND ARCHITECTS, INC.
~-Io~1Z
Harold Birkeland
President
HB:kb
Encl.
cc: 9607
':lldlll(,c!lmt! Illld !),.;.,.(O(JlllfII! Snd(Csjo/' ON/' 7ftilll' 1im\"
VI-8
CHANGE
ORDER
AlA DOCUMENT G701
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
o
o
o
o
o
TO CONTRACTOR:
(name, address)
MILLER ELECTRIC, INC.
3550 Vermillion Street
Hastings, MN 55033
The Contract is changed as follows:
1. Furnish and install hardware kit and install Owner's 200 AMP
switch in existing switch gear.
ADD $631.00
CHANGE ORDER NUMBER: 3
DATE: September 25, 1998
ARCHITECT'S PROJECT NO: 9607
CONTRACT DATE: June 26, 1997
CONTRACT FOR: 4116 Electrical
PROJECT: Hastings Civic Arena Addition
(name, address) Hastings, MN
2. Wire receptacle for power.draft ventilator on water heater.
ADD $69.00 .
3. Provide l20V power for urinal sensors to operate new toilet
rooms (2) with light switch.
ADD $264.00
4. Provide switch and power to four convenience outlets at roof
joist in mezzanine area at centerline of room-lO' o.c.
ADD $250.00
/ Not valid until signed by the Owner, Architect and Contractor.
The original (Contract Sum){<XNooxee~M~oc) was . . . . . . . . . . . . . . . . . . . . , . . . S
Net change by previously authorized Change Orders . . . . . . . . . . . . . . .: . . . , . . . . . . . . . . . S
The(ContractSum)(G<1~~ro;l1PllX)priortothisChangeOrderwas......... .$
The (Contract Sum) (QlJJQroroD~I)U\CRlXoQ. will be (increased) ~<<I
~KOO;ongoO) by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
The new (Contract Sum) (G~=oclj{ilcej:including this Change Order will be .. $
87,700.00
5,203.00
92,903.00
1,214.00
94,117.00
The Contract Time will be (increased) (decreased) (unchanged) by ze ro
The date of Substantial Completion as of the date of this Change Order therefore is
) days.
;";OTE: This summary does not relkct changes in the Contract Sum. Conr(;lCt Time or Guaranteed M~lXil1111m Price \yhich h:l\'c beell authorized h\'
ConstruClion Change Dircujyc. .
BIRKELAND ARCHITECTS, INC. MILLER ELECTRIC, INC.
.-\RCHITECl CONTIt-\CTOR
Hastings, MN _Hasti~ MN
.-\ddrcss Address
CITY OF HASTINGS
OWNER
Hastings, MN
Address
BY ~~*,~l~/f~y
Dm 0/-;)1/97
'I . ,P1 /Jll:Jh BY
~7. t~<il rrV?r
/
DATE
DATE
CI1
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT G701 . CHANGE ORDER . 19H7 EDITION . AIA@ . @1987 . THE
:\~IERICAN INSTITUTE OF ARCHITECTS. 17)'5 NEW YORK AVE.. N,W_. WA-<.JH1:-.JGTO!\, D.C. 20006
G701-1987
WARNINr... IInlir.pn~pd nhotocoovina violates U.S. copvriQht laws and is subject to leqal prosecution.
CHANGE
\
ORDER
OWNER
A.RCHlTECT
CONTRACTOR
FIELD
OTHER
AlA DOCUMENT G701
...
o
o
o
o
o
PROJECT;Haatings Civic Arena .
(name, address) 2801 Red Wing Blvd.
Hastings, MN 55033
TO CONTRACTOR: Ke11ington Construction
(name. :address) 20110 Auger Ave.
Corcoran, MN 55340
The ContDCt is changed as follows:
Mechanical Foundations
TOrAL
CHANGE ORDER NUMBER, One (1)
DATE: 8-5-98
ARCHlTEcr'S PROJECT NO: 9(f.J7
CONTRACT DATE:6-'19-97
CONTRACT FOR:B.P. /13 Demo & Concrete
B.P. /15 Masonry
$ 3,433.75
$ 3,433.75
Not valid until signed by the OWner. Archltect and Contractor.
Theoriginal(COntractsum)(~lWllS,."........."...,.....s 186,100.00
Netch2nge by previously 2ulhonzed O1ange Orders _.. _ _. _ _ _ . _ _ _. .. ... ., _.. . _ ...s 0
Tht:(Contr2ctSum)(~~lpt'jorrorhisChangeOcderWllS..., _. _ _..J 186,100.00
"he (COnt<2Cl Sum) (~~."""",~ will be (increased) ~
(~byrhisChangeOnlerinthe;unountof......,...."..... _,...,.. _.s 3,433.75
Thenew(Contr.lCtSum)(~,"'~indudingthisCh2ngeOcderwillbe ,.s 189,533.75
The Conuacl Time win be....:wc.Ub IIbIllOIj (unchanged) by
The d:ne of Subst:lI1ti21 COmpletion :IS of the d2re of this <l12nge Order therefoIe is unchanged
) days.
NOTE: Thi..1i sumnury docs not n:1:lcct changes in the Com,raa Swn, Contract Time or Gu.armteed Maximum Price whICh h4ve ht:cn auchori7.ed hy
umstfiteti()O Change Directive.
Birkeland Architects. Inc.
ARCHITECT
ill 3rd St. E.
Add=~
Hastings, MN 55033
Ke11ington r.nn~tnl~tion
CONTRACTOR
_00110 Au-gec Ave.
Addr.,;s
Corcoran, MN 55340
City of HR~t;ne~
OWNER .
lill F. 4th St
Address
Hastings, MN 55033
BY
BY
BY
DATE
DATE
tIC
DATE
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCuIIENT 0701 . CHANGE ORDER . t9A7 EOJTION . AlAe . @1987 . THE
AMERICAN INSTITUTE OF ARCHITECTS. 17'5 NEW YORK AVE., N_W___ WASHINGTON, D.C, 1,..>6
G701-1987
_Dt.MUn. .....11-...--4 ~""nn ...IN..... lt~ ~ht......,.lW1d.. ~ m t.eaR1 ~tlon
.
;~-fa1'( I\...-
.....,--.
r
( Ie )C~NSTRUCTION,
INC.
ce(Q)~)f
.~0
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. .
MEMORANDUM
Date:
From:
To:
Attn:
November 3, 1997
Accounting Department (L
Graus Contracting
Mike Cahill
Project: Hastings Civic Arena
Hastings, MN
Attached are the Field Change Orders for the above referenced project. The breakdown for the work
is found below:
Labor
FCO#
8777
Date
10/8/97
Hours
48.00 Hours @ $46.00per Hr.
Amount Due
$2,208.00
Total Due For Labor:
$2,208.00
Materials
FCO# Material Description
8777 6.5 Yards of Concrete
8777 Concrete Equipment
8777 50 - 2x4x1 0'
0777 Vibratvl Ivlulur
177 320 In. Ft. of #5 Rebar
Sub "\ot& :
Profit & Overhead of ~:
Amount Due
S187.50 -:;f'P ."~
$2813.00
...- ..
~~ '2.'7C>. -
~go.oe
$130,00
$.1,7~&,5tl \,D~'=C
...$.2.6~ \ D4 .-
-----~------~-----_.-.._-
-. --~-_.__..-.~---~_._-
Total Due:
$1,~95.ll-3 \,\4'2'-~
.0
$4,20:l.S2- -:?~' -
$10(;.10 'O,?1S
~ -z.. .1'2,"7....,"" .
.;>",:300.::12'/ '17
, -*f-
Total Due For Materials:
SubTotal :
Bond Cost of 2..5 % :
I'lea,w plv,lid.-> a Change Order for this v/ork, prior to the Ilext billing cycle. Thank you.
~~
~~~~-
r- IJf) / 0 J
20110 Auqer Avenue' Corcoran. MN 5530,0 . 612.416.3200' Fax 612.0.16.3201
VI-9
MEMO
To:
From:
Subject:
Honorable Mayor and City Council Members
Tom Montgomery
Order Feasibility Study, Bohlkens 5th Addition, for 1999 Street and Utility
Improvements
October 13, 1998
Date:
99-6, BOHLKENS 5TH ADDITION
Council is requested to order a feasibility study for street and utility improvements as
part of the Bohlkens 5th Addition. Enclosed is a petition from the developer requesting these
public improvements. These improvements will complete the extension of South Park Drive.
Council is requested to accept their petition and order a feasibility study for these improvements.
CITY OF HASTINGS
Dakota County, Minnesota
Resolution No.
REsOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING THE
PREPARATION OF FEASmILITY REpORT FOR PROJECTS No. 1999-6
WHEREAS, a petition was received requesting public improvements for the street and utility
improvements for Bohlkens 5th Addition.
1999-6
Bohlkens 5th Addition Street & Utility Improvements
The 1999 improvements include street, storm sewer, sanitary sewer, and watermain.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that
1. Said petition is hereby declared to be signed by the required percentage of owners
of property affected thereby and that this declaration is made in conformity to
Minnesota Statuettes, Section 429.
2. Said petition is hereby referred to the Public Woks Director for study and he is
instructed to report to the City Council with all convenient speed, advising the
Council in a preliminary way as to whether the proposed improvements are
feasible and as to whether they would be made as proposed or in connection with
some other improvements, and the estimated cost of the improvements as
recommended.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TffiS 19TH DAY
OF OCTOBER, 1998.
Ayes:
Nays:
ATTEST:
Michael D. Werner, Mayor
Joyce Hottinger, City Clerk
(Seal)
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VI-10
TKDA
TOLTZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS. ARCHITECTS. PLANNERS
1500 PIPER JAFFRA Y PlAZA
444 CEDAR STREET
SAINT PAUL. MINNESOTA 55101.2140
PHONE:6121292.44()Q FAX:612/292.0083
October 2, 1998
Mr. Thomas Montgomery
Director of Public Works
City of Hastings
10 14th Street East
Hastings, Minnesota 55033-1955
Re: Water Storage Tank Improvements
Elevated Tank
Hastings, Minnesota
Commission No, 11163-0lB
Dear Mr. Montgomery:
Transmitted herewith are three (3) copies of Change Order No.1 in the amount of deduct $
325.00, These are sent to you for City approval. When signed, please return the blue and pink
copies to TKDA. The white copy is for City records.
Also attached are the backup change order documents.
If you have any questions, please call me at 292-4541.
O~/~
David L. Moore, p, E,
Enclosures
cc: Mr. Kurt Johnson
An Equal Opportunity Employer
CHANGE ORDER
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers-Architects-Planners
saint Paul, MN September 23, 19 98 Corom, No, 11163-01B
Change Order No, 1
To Pitt-Des Moines, Inc,
for Water Storage Tank Improvements, Elevated Tank
for City of Hastings, Minnesota
You are hereby directed to make the following change to your contract dated May 19,
1998, The change and the work affected thereby is subject to all contract
stipulations and covenants. This Change Order will decrease the contract sum by
Three Hundred Sixty Five and 00/100 Dollars ."..,....,,'.. ($ 365,00),
1). Furnish and install electrical conduits and wiring between the existing and new
valve vaults at the ground water storage tank site,
ADD $ 1695,00
2) Deduct site work ( move dirt around tank, sod 250 SY, and seeding) at elevated
tank site.
DEDUCT $ 2035,00
3) Deduct for City changing lock so it is keyed to City system.
DEDUCT $
25.00
TOTAL CHANGE ORDER NO. 1
DEDUCT
$
365.00
Amount of Original Contract
Additions approved to date (Nos.
Deductions approved to date (Nos.
Contract amount to date
Amount of this Change Order (deduct)
Revised Contract Amount
$ 1,054,000,00
$ 0.00
$ 0.00
$ 1,054,000.00
$ -365.00
$ 1,053,635,00
Approved
City of Hastings
TOLT~, DUVALL, ANDERSON
: ';;:Jl::;;JZ
By
Approved
Pitt-Des Moines
Whi te - Owner
pink - Contractor
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VI-12
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127. Fax: 651-437-7082
MEMORANDUM
TO: Mayor Werner and City Council
FROM: Matt Weiland, Zoning Administrator
DATE: 10/15/98
SUBJECT: Request to vacate part of Barker ST
Jim Hoeschen has requested that the City vacate the alley of Block 9, Barker's addition. He is
requesting this vacation for many reasons. The main reason is that the alley has always been
unimproved and he would like to add it to his property for future site development. If the City
Council vacates this alley, the applicants should be responsible for all recording fees required by
Dakota County. City staff has no problem with this vacation.
Recommended Action:
Motion to set public hearing for November 2nd, 1998 City Council Meeting.
Hastings on the Mississippi
.a..1. .0lQl 6;;1UU....t;;, I t-"K.l.N' AN"'"' "-~I"'" I a;;. "
U~I-.I.~-~~ ~~.J.} ~
LAND USB APPLICATrO~
c:r'1'~TI~
Involved: ~ Cl LI.sQ'l J [j,., J 'fft;.}
Legal Desertption of prop~~ty Involved:
g,~~'4,;) ~~.\11t~'"' I1Loc.J< ~. L, 7s. 1_ Y;
,
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Applicant: 1.1
Name ~,~ Nae .n.h~ ~
Address .J1100 ? 3nd ~r:r-
~ ,1I;J $ fhl.J
'l'e!ephon@ t.o..."i,~h'PY~ ~ )
OfficLal VGe Ohly
Date Re:c'd
,.He No.
Fee Paid
Reo'd by
owner (If different from Applie~nt);
or~1inancf' NO.
SQction:
Name;
Address:
,6'
r'
Telephone:
ReguQst:
,
Re2:one:
Compo Plan Amend:
Site Plan;
Variance; .5),..""..) /"f-f:m74 tL'-:ml1ctl...
Special Use:
Subdivision: I
Vacationr '*' AJk'f f4."..'/.,"tli.1.
otber;
Desoription of Request: (i,nclude ~d:te plan, surve.y, and/or plat if
applioable);
R.t.~tU?.,:(: H P.1t I-4t ALU. y M 1[. ~~ ~1 iI. "', ~v.~.
8/.or I~_ ~..' _ _ __
OCT-14-98
WED
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VI-14
Memo
To:
From:
Date:
Subject:
Mayor Werner and City Council
Matthew Weiland, Zoning Administrator
October 15th, 1998
Registered Land Survey (Industrial Park)
The Hastings Industrial Park Board recently had a registered land survey completed for a part of
the Industrial Park. This was done in response to legal description problems on this property.
The registered land survey was prepared to clarify property boundaries and correct any property
line discrepancies, The land is legally described on the enclosed legal description. A copy of
the registered land survey, a site location map, and a letter from Shawn Moynihan, City Attorney
is also included with this memo. Shawn's letter explains the reasoning behind the preparation of
the Registered Land Survey.
Background Information:
This registered land survey is a survey of existing lots with existing structures in the Industrial
Park. No new lots are proposed as part of this survey, The registered land survey meets
submittal requirements and complies with zoning and subdivision ordinance standards.
Planning Connnission Recommendation:
Planning Commission recommended approval of this Registered Land Survey at their October
12th, 1998 Planning Commission Meeting.
Requested Action:
Motion to recommend approval of a resolution approving the Registered Land Survey
(Industrial Park)
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING THE Registered Land Survey no. (Industrial Park)
WHEREAS, the Hastings Industrial Park Board requested approval of the Registered
Land Survey no. (Industrial Park); which is a survey to clarify existing property
boundaries;
WHEREAS, the Hastirigs Planning Commission at its October 12th, 1998, Regular
Meeting held a public hearing and recommend approval of the Registered Land Survey
no. (Industrial Park) to the Hastings City Council
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
The Registered Land Survey no.
approved.
(Industrial Park) on October 19th, 1998 is hereby
Michael D. Werner,Mayor
ATTEST:
Joyce P. Hottinger
Administrative Assistant/City Clerk
CITY OF HASTINGS
NOTICE OF PUBLIC HEARING
REGISTERED LAND SURVEY (INDUSTRIAL PARK)
Notice is hereby given that the Hastings Planning Commission will hold a public hearing at 7:00
p.m. on October 12th, 1998, in the City Council Chambers, located in the Hastings City Hall,
101 4th Street E., for the purpose of reviewing a Registered Land SUJl"Vey (Industrial Park), a
survey which would establish property boundaries. The survey is proposed to be developed on
property legally described as follows:
The following described parcel of land, lying and being in the City of Hastings, the County of
Dakota, and the State of Minnesota to wit:
(Certificate of Title No. 111064)
That part of Outlot A, HASTINGS INDUSTRIAL PARK NO.1, according to the plat on file and
of record at the County Recorder's Office, Dakota County, Minnesota, described as follows:
Commencing at the southeast corner of said Outlot A; thence N89033'00W, bearing assumed,
along the south line of said Outlot A, a distance of 548.30 feet; thence No027'00" E a distance
of 480.65 feet; thence S61 043'30"W a distance of 171.05 feet; thence N28016'30"W 200.00
feet; thence N61 043'30" W 92.37 feet; thence N49045'OO" W 106.88 feet; thence N70058'OO"
W64.48 feet to the point of beginning of the land to be described; thence S61 043'30" W 415.32
feet, more or less to its intersection with a line that is parallel with and distant 80.00 feet
northeasterly of a line and its northwesterly extension described as follows:
Commencing at the most southerly corner of said Outlot A; thence N61 043'30" E,
bearing assumed, along the southeast line of said Outlot A a distance of 237.00 feet;
thence N280 16'30" W a distance of 400.00 feet; thence N61 "43'30" E a distance of
300.00 feet to the point of beginning of the line to be described; thence S280 16' 30" E to
the south line of said Outlot A and there terminating.
thence N280 16'30"W, along said para11elline and its northwesterly extension, a distance of
112.47 feet; thence northeasterly, northerly, and northwesterly, along a nontangential curve,
concave to the west having a radius of 80.00 feet, a central angle of 139034'31 ", a chord bearing
ofN8003'45" W, a distance of194.88 feet; thence S7r51'01" E a distance of 89.52 feet; thence
86059'59" E a distance of 225.54 feet; thence S70058'00"E a distance of 134.72 feet to the point
of beginning.
(Certificate of Title No. 105538)
And that part of Outlot A in HASTINGS INDUSTRIAL PARK NO.1, according to the recorded
plat thereof, described as follows:
Commencing at the southeast corner of said Outlot A; thence N89033'00"W, bearing assumed,
along the south line of said Outlot A, a distance of 548.30 feet; thenc:e No027'00" E a distance
of 480,65 feet; thence S61 043'30" W a distance of 171.05 feet to the: point of beginning of the
land to be described; thence N28016'30" W 200.00 feet; thence N61 043'30" E 92.37 feet; thence
N49045'OO" W 106.88 feet; thence N70058'00" W 64.48 feet; thence 561043'30" W 415.32 feet
more or less, to its intersection with a line that is parallel with and distant 80.00 feet
northeasterly of a line and its northeasterly extension described as follows:
Commencing at the most southerly comer of said Outlot A; thence N61 043 '30" E,
bearing assumed, along the southeast line of said Outlot A a distance of 237.00 feet;
thence N28016'30" W a distance of 400.00 feet; thence N61 043'30" a distance of 300.00
feet to the point of beginning of the line to be described; thence 528016'30" E to the
south line of said Outlot A and there terminating.
thence southeasterly, along said parallel line to its intersection with a line bearing 861 043'30"W
from the point of beginning; thence N61 043'30"E to the point of beginning.
EXCEPT that part described as follows:
Commencing at the southeast comer of said Outlot A; thence N89033'OO" W, bearing assumed,
along the south line of said Outlot A. a distance of 548.30 feet; thence No027'OO" E a distance
of 480.65 feet; thence 861043'30" W a distance of 171.05 feet to the point of beginning of the
land to be described; thence N28016'30" W 100.00 feet; thence N 61043'30" W 405.80 feet,
more or less, to its intersection with a line that is parallel with and distant 80.00 feet
northeasterly of a line described as follows:
Commencing at the most southerly comer of said Outlot A; thence N61 043 '30" E,
bearing assumed, along the southeast line of said Outlot A a distance of 237.00 feet;
thence N28016'30" W a distance of 400.00 feet; thence N61 043'30" E a distance of
300.00 feet to the point of beginning of the line to be described; thence S280 16'30" E to
the south line of said Outlot A and there terminating.
thence southeasterly, along said parallel line to its intersection with a line bearing 561043'30" W
from the point of beginning; thence N61 043'30" E to the point of beginning.
(Certificate of Title No. 106198)
And that part of Outlot A in HASTINGS INDUSTRIAL PARK NO.1, according to the recorded
plat thereof, described as follows:
Commencing at the southeast comer of said Outlot A; thence N89033'OO" W, bearing assumed,
along the south line of said Outlot A. a distance of 548.30 feet; thence No027' 00" E a distance
of 480.65 feet; thence 861043'30" W a distance of 171.05 feet to the point of beginning of the
land to be described; thence N28016'30" W 100.00 feet; thence S61 043'30" W 405.80 feet,
more or less, to its intersection with a line that is parallel with and distant 80.00 feet
northeasterly of a line described as follows:
Commencing at the most southerly comer of said Outlot A; thence N61043'30" E,
bearing assumed, along the southeast line of said Outlot A a distance of 237.00 feet;
thence N280 16' 30" W a distance of 400.00 feet; thence N61 043 '30" E a distance of
300.00 feet to the point of beginning of the line to be described; thence S28016' 30" E to
the south line of said Outlot A and there terminating.
thence southeasterly, along said parallel line to its intersection with a line bearing S61 043'30" W
from the point of beginning; thence N61 043' 30" W from the point of beginning; thence
N61 043'30" E to the point of beginning,
(Certificate of Title No. 106198)
And that part of Outlot A in HASTINGS INDUSTRIAL PARK NO.1, according to the recorded
plat thereof, described as follows:
Commencing at the southeast corner of said Outlot A; thence N89033'00"W, bearing assumed,
along the south line of said Outlot A, a distance of 548.30 feet; thence No027'OO" E a distance
of 480,65 feet; thence S61 043'30" W a distance of 373,95 feet to the point of beginning of the
land to be described:thence SI0058'48"E, a distance of 315.01 feet to the south line of said
Outlot A; thence southwesterly, along said south line of Outlot A to its intersection with a line
that is parallel with and distant 80.00 feet northeasterly of a line and its southeasterly extension
described as follows:
Commencing at the most southerly corner of said Outlot A; thence N 61043'30" E,
bearing assumed, along the southeast line of said Outlot A a distance of 237.00 feet;
thence N280 16' 30" W a distance of 400.00 feet; thence N61 043' 30" E a distance of
300.00 feet to the point of beginning of the line to be described; thence S280 16'30" E to
the south line of said Outlot A, and there terminating.
thence N 280 16' 30" W to its interesection with a line that bears S 610 43'30"W from the point
of beginning; thence N 61043'30" E to the point of beginning.
(Certificate of Title No. 75635)
And that part of Outlot A in HASTINGS INDUSTRIAL PARK NO.1, according to the recorded
plat thereof, described as follows:
Commencing at the southeast corner of said Outlot A; thence N89033'OO"W, bearing assumed,
along the south line of said Outlot A, a distance of 548.30 feet; thence No027'00"E a distance of
480.65 feet to a point hereinafter referred to as Point "A"; thence S61 043'30"W a distance of
373.95 feet to the point of beginning of the land to be described; thence N61 043'30"E a distance
of 202.90 feet to a point bearing S61 043'30"W and distant 171.05 fi~t from said Point "A";
thence S0027'00"W a distance of 398.61 feet to the south line of said Outlot A; thence
southwesterly, along said south line of Outlot A to its intersection with a line bearing
S10058'48" E from the point of beginning; thence NI0058'48"W a distance of 315.01 feet to the
point of beginning.
(Certificate of Title No. 88598)
And that part of Outlot A. HASTINGS INDUSTRIAL PARK NO. I, according to the plat
thereof on file and of record at the County Recorder's Office, Dakota County, Minnesota
described as follows:
Commencing at the SE corner of said Outlot A; thence N89033'00" W, bearing assumed, along
the south line of said Outlot A. a distance of 548.30 feet to the poinll of beginning of land herein
described; thence No027'00"E, a distance of 480.65 feet; thence S61 043'30"W a distance of
171.05 feet; thence S0027'00"W a distance of 398.61 feet to the south line of said Outlot A;
thence on a nontangential curve, concave to the south, having a radius of 1180.48 feet, a central
angle of 0059'07", a chord bearing ofN89057'26" E a distance of 20.30 feet; thence
S89033'OO"E a distance of 129.70 feet to the point of beginning. And that part of Outlot A in
HASTINGS INDUSTRIAL PARK NO.1, according to the recorded plat thereof, described as
follows:
Commencing at the southeast corner of said Outlot A; thence N89033'00"W, bearing assumed,
along the south line of said Outlot A, a distance of 548.30 feet; thence N0027'00"E a distance of
480.65 feet; thence S61 043'30"W a distance of 171.05 feet to the point of beginning of the land
to be described; thence N280 16'30"W a distance of 200.00 feet; thence N61 o43'30"E a distance
of 92.37 feet; thence S49045'00" E a distance of 214.91 feet, more or less, to its intersection
with a line bearing N61 043'30" E from the point of beginning; thence S61 043'30"W to the point
of beginning.
(Certificate of Title No. )
That part of Outlot A, HASTINGS INDUSTRIAL PARK NO.1, on file and of record in the
office of the Registrar of Titles, Dakota County, Minnesota, described as follows:
Commencing at the southeast comer of said Outlot A; thence N89033'OO"W, assumed bearing,
along the south line of said Outlot A, a distance of 398.30 feet to the point of beginning of the
land to be described; thence N89033'OO"W, along the south line of said Outlot A. a distance fo
150.00 feet; thence Noo27'OO"E a distance of 480.65 feet; thence S49045'OO"E a distance of
148.93 feet; thence S43026'OO"E a distance of 51.33 feet to its intersection with a line bearing
Noo2TOO"E from the point of beginning; thence Soo27'OO"W a distance of 348.32 feet to the
point of beginning.
(Certificate of Title No. 50396)
That part of Outlot A, HASTINGS INDUSTRIAL PARK NO.1, according to the plat on file and
of record at the County Recorder's office, Dakota County, Minnesota, described as follows:
Commencing at the southeast comer of said Outlot A; thence N89033'00"W, assumed bearing,
along the south line of said Outlot A, a distance of 98.30 feet to the point of beginning of the
land to be described; thence N89 0 33 'OO"W, along the south line of Outlot A. a distance of
300.00 feet; thence Noo27'00"E, a distance of 352.59 feet; thence S43026'OO"E a distance of
48.00 feet; thence S39033'00"E a distance of 416.51 feet to the point of beginning.
Prior to the date of the hearing persons may view exhibits pertaining to this matter which are
available at the Hastings City Hall between the hours of 8:00 a.m. and 4:30 p.m. Monday-
Friday, excluding Holidays. Copies of exhibits may be obtained at the purchaser's expense.
All persons are welcome to attend this hearing and make comment.
Matthew J. Weiland
Zoning Administrator
Published: October 1st, 1998
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FM&C
FLUEGEL, MOYNIHAN & CLINTON, PA
Attorneys At Law
Donald J. Fluegel"
Shawn M. Moynihan
Jack W. Clinton ""
Joan M. Fluegel
1303 South Frontage Road, Suite 5
Hastings, MN 55033-2477
Telephone 612-438-9777
Fax 612-438-9775
February 27, 1998
Mayor Mike Werner
and City Council Members
Hastings City Hall
101 East Fourth Street
Hastings, MN 55033
RE: (a) Registered Land Survey for Hastings Industrial Park No. 1
(b) Legal Description Error on Mike O'Connor Property
Dear Mayor and City Council Members:
I am writing to request the following two items be placed on
the March 2, 1998 city council agenda. Although these are two
separate items, they are related as I will explain below:
_.... Council Action' Reauested. The council is being asked to
a'uthorizeJohri bwy'erto prepare.a Registered Land Survey for Outlot
A, Hastings Industrial Park No~ l. The council is also being asked.
to authorize ollr law firm to' sign a Letter of Undertaking to
correct a legal description error on the Mike O'Connor property in
Hastings Industrial Park No.1.
Backqround. In 1973, the city registered the title to the
land which became Hastings Industrial Park No.1. At the same time
the city also platted Hastings Industrial Park No.1. As part of
that plat, there was' a large parcel of property designated as
Outlot A. Over the next 24 years, the City of Hastings parcelled
off small pieces of property from Outlot A and sold them to
individuals. The legal descriptions contained in these parcels
became quite complicated because of all the exceptions created in
the legal description. .
Over the years, the Dakota County Recorder's office would
politely complain about the city creating new lots in Outlot A
wi thout platting that. property. At one point, the city had at
least twelve separate parcels created out of Outlot A.
" Also admitted to practice in Vllsconsin
"" Certified as a Real Property Law Specialist by Minnesota State Bar Association
/
.~..
Mayor Mike Werner
and City Council Members
Page 2
February 27, 1998
In 1996 or so, the Dakota County Recorder's office told city
staff that they would not accept any further division of Outlot A
unless that land was platted or a RegisterE!d Land Survey was
created. Subsequently, the Hastings Industrial Park Board
discussed whether Outlot A of Hastings Industrial Park No. 1 should
be platted. Platting would give each of these lots a lot and block
description instead of the existing lengthy metes and bounds
descriptions.
The disadvantage with platting this propel:ty is that it would
be necessary to have all property owners and mortgage companies
sign the plat. The city has done this in the past with smaller
parcels in the Industrial Park. It is a very time consuming
process to circulate the plat amongst. all owners and then each
mortgage company.
There is another way to solve this problem. This solution
would be to have John Dwyer prepare a Registered Land Survey for
Outlot A. This is somewhat similar to platting but it would not
require the signature of the property owners or any of the mortgage
companies. A document would be prepared called a Registered Land
Survey. This is similar to a plat. The lengthy legal description
for each parcel would be replaced with a reference to a Tract. For
example, a lengthy legal description for a part:icular parcel would
be replaced with "Tract I of Registered Land Survey No. 83". As I
mentioned, this process would not require the property owners or
their mortgage companies to sign this Registered Land Survey. They
would, however, be notified that this was being done.
John Grossman has informed me that the Hastings Industrial
Park Board has recommended to the City Council that it have John
Dwyer do a Registered Land Survey for the remaining lots of Outlot
A, Hastings Industrial Park No.1.
Mike 0' Connor Leqal Description. Michael J. 0' Connor, former
owner of the Hastings Star Gazette, owns a parcel of property in
Outlot A, Hastings Industrial Park No.1. Mr. O'Connor purchased
this property from the city in 1978. When the city sold the
property to Mr. O'Connor, the city staff prepared a legal
description for that sale. Mr. O'Connor is in the process of
selling his property now. When the titlE' was examined, an
objection was raised that the legal description prepared by the
ci ty does not close. In otherwords, the legal description does not
end at the same point where it began _ As a result of this
objection, the real estate closing is on hold until the city can
address this problem.
"
/
./
/
.'
\
Mayor Mike Werner
and City Council Members
Page 3
February 27, 1998
I have talked to John Dwyer. John believes that Mr.
0' Connor's legal description problem can be corrected with the
Registered Land Survey that is being proposed for Outlot A. Since
the city created the legal description problem when it sold the
property to Mr. O'Connor in 1978, I believe the city has the
responsibility to correct it.
John Dwyer is preparing a cost estimate to prepare a
Registered Land Survey for Outlot A, Hastings Industrial Park No.
1. At this time, r do not have that. r hope to have that estimate
by Monday's council meeting.
Recommended Action. First, I respectfully request the city
council add this item to Monday night's agenda. I will leave it to
the discretion of the city council whether it should be a consent
agenda item. or under city administrator. Secondly, I request
council authorization to have John Dwyer prepare a Registered Land
Survey for Outlot A, Hastings Industrial Park No.1. Thirdly, I
request council authorization to prepare a Letter of Undertaking to
Mr. O'Connor whereby the city would agree to take action necessary
to correct the legal description problem for the parcel of property
he is presently selling.
If you have questions prior to the council meeting please feel
free to call me.
Very truly yours,
FLUEGEL, MOYNIHAN & CLINTON, P.A.
~~
Shawn M. Moynihan
City Attorney
SMM: srk
cc: Dave Osberg, City Administrator
John Grossman, Hastings Industrial Park Director
REGISTERED LAND SURVEY'NOo
, . :\~ hereby certify t:hat:., ill .OCO:+'~~ -.:1tb tb~ prov1~ion. of Cb&.pt:~r 5018,
1U"llelOta8tatut."a,r"Uft allr"yed'~. follDwillCl "aorib8dprcParty In the
eo.y of -Dakota, S~. Of _Mift~.~.i.. to ~i~. .
(C~1tic:4h at '1'iUello. 111064"). '
tbat pert of Outlot .". IIIIft~ ;l1IPQ"""~L PAAJI: No.1. .coordinq "e> tbe pIn on
rUe .""" or re....rd..t '1lh. ~1:1" Record.', 9tfi.... OIIkot. c:ow.,:", lIill"'~1:.,
....,r-ib..s .. foU""a, , <:, B!>f:'U1.,at,.tJM 'aciIl"tbeut oora.... Of ..i4 Outlot",
thence ."'33'OO"W,'be.r!nq ..........,. d.....,.t~ 80IItb Ii_..f .aid_lo.;'''' .
.Uaullce of 548.30 feet, th~ RO~'21'0'.I. diatalloa of ....u.t..t, then...
. .UoU'10.. II diat.nceOr 1..,.:'5ifi..', t1letlcelluo16'10'''200..., ft:tf th...ce
1161"0'10'. 92.1.7 t"l:"1:~'1f"9'''5~00''W 106." fe.t', thenDe'trJO.5t'OO'" .....
".48 f_t to the poillt o;lieqi"nin<Jof the land to bede",crihe<h ,th<HIce
.61"1'30'" 415.12 r-.t.....r.,or 1... "e> it. int.r..ctioa with ..1JIl. that i.
. paraU.l with ...., dbUllt"O..O&et!'ortheute"ly ot: aU... .nd i~ .
DOJ:thwe.terly .xt..a1on d.'cr1bed .a .follow.. . .. '
C_nci.<J .t. th. _t 'aou1:h.dy 00",.1' of .dd Olrtlot AI thance
~10'3'10'.. beerin, ..au.ed. .1Oft" the .ollthe.at It.. at ..ld. 'Outlot A.
diatallce ot 237.00 f..t, th........'.28.l6.10.W a dhtll"De ot '00..00 teet.,
th.nce N61"3'30'. a d1atanc. of 300.00 f..t to the polnt 9f beqlnn1nq of
tb. lioe 109 be d..orihed, ~b.ftce 828"16'3U'8 to the eouth lin. ot .a14
OUtlot A .nd there ter.lnatin".
tb.nce N2S'16'30'". .10n'1 ..id. per.li.l 11.. and it. northve.terly ..~.n.ion. a
di.t:aaoa of 112.47 '..t,. th.noe.ft(>rU...terly, nortb.rly. ..nd ft9rtlnle'~.r1y.
.10n'1 . D<>ntan<JeDtia1 C1Irft. CClftc'a"e't.o'th. we.t "-"lA9 . rad1u..-.f U.OOteet,
. centr.l aft,,1.9t.139~3"1l'. .. ohord bearill<J at "'113"'5'.. a dUn:..ilce ot, .
19.... feat, the.ce 877"51'01'.. dlatanOl ot 89.52 f.'t., thlnca'..'"S?'S9". a
~l.t...ce of 225.5' t..t, thence 87005S'OO'.. d1ltanODof '13'.72fe.t:to the
'Petat Df baq1nnln9. .
(~rt1tlcat. ot '1'1101. NO. 1055381
Aadth.t. ~rt 9f OUtlot Ain JIlIS'ltIlGS IIIOQ8'1'RI"L PA1UlIlO. 1. ae<l(lr.t~1I9 to. the
recorded pla~ ther_t. .d...,..lhed ... tollow.. . _, ....
cc...noin<Jat the .outhe..~ oornar 9f ~ld OIIt1ot; ", tb.n~ 1IB9~)1'1I0"', .
he..rlll9 ......... al9n'1 th. .9uth lb. of eaid out:lot. ". ; ad.. bt..' _."'.'.'"9.r t. :....54.. .30..
f-.t, th..nce ICOo27'OO'. a dbUnco lOt '80.65 feet,. th.......t.61.U')t.l!lf.:iIl..
dh~.nce 9f 171.05 f..t to tlw polat of ~innlll" ..t' the 1...., to ;~'."Uorlb..s,
t.h.DOe 112"16'30'" 200.00 feet, thence 1161.'3'10'. 92.37 t.-t. t~
.49""5'OO'W 106." 'f..t, thence .70'5.'00'" 66.'. f..t! thin"" 861043','0'"
4J5.32 teet .or. or 1.... to it. in~er..ctlon with a Itne th.t i"par.ll.l with
,ad d1..t.nt 80.00 fe.t north.a.t...~9f a line and. 1~. 119rth...t.r.ly..:rtitn.1cm
d..orlbed a. f911_.. '.
co..enoinq at ~ha ag.t 8OlIth.rly cora.r ot ..ld Outlot A, tnellee
IC61041'10'8. beaJ;ing a.aUlMld. .19n9 the .ouibea.t ltn.9f ..id:Qutlot" a
dlat..ne. 9f 21T.OD.1!..t., thence n8~16'30'lt,. dbunae of '00.00 '...10:
th.nCA R61".3'30-B . di.tellO. at 300.00 feet t9 the po1nt Of beqinnt.q ot
the lln. toba d..crihad, thence 828'16'10'. to the IOUth lin.,~ ..ld
OUtlot" ..nd th.t.t....1nat1n~.
th...c. aouth.a.t.rly. .10ll' ...id parl!ll.l 11ne t9 it. inter.ection viti, a lin.
bearin9 561".l'10"W froathe point ot be9inninq, thence 1161'43']0'8 to the
point of ba<Jinninq.
EXCEPT that part d..crlbed .s followa.
C~IIc1n<J at the aouthe..t corn.r of sald Outlot A' thence NS9'33'OO'w,
.b4iarlnq ...u-.dl' alonq ~he aout:h line of .aid OUtlot A, .. diet.noe of ~)48. 30
teet, thence "0'27'00"8 a di.tance of .80.65 f.et, thence 861'.3'30'" .
di.tance of 171.05 feet to the point of beqinnlnq of the land ~o be d..cribed,
thence N28-16130-W 100.00 feet, thence 861-4)130." 405.80 fee~, .ore or 1..., ~o
it. int.r.ecti9n with a I1n. ~hat i. oarallel with aod distant SO.OO feet
north....t.rly of a lin. d..crlhed as follow.,
CeMDeneinq at the ~.t .ou~h.rly COraer of said Outlot A: thence
1161.43'30"8, bearinq auWleCl, donq the .outh..at Hn. of ..i.d OUtlot 1\ a
distaoce of 2]7.00 teat, thence N2S'16'30'w a di.tance of 400.00 feet:
th.nce N61'.]']0'E a dl.tance of 300.00 f..t to the point of beqino1nq of
the line to be describedl thence 828-16'30-E to the south line of Ilaid
Outlot A and th.re ter.inatlnq.
tbence eouthe<<sterly, alonq said ~r.ll.l I1ne to it. 1ntersection with a line
hearinq S61'43'30'W fro. the point of baqlnoln9' thence .61.43']0'8 to the
poin~ of beqinnlnq.
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(Certiflcat. of Tltl. No. 10619S)
.....d that part of Outlot A ln 1IA8'1'IHGS INDUSTtllAL PAn NO. 1, aCC9rdiD" to the
recorded plat thereof, described a. follows!
Commencinq at the .ou~h.a.t corner of said OUtlot Ar thence N89~33'O~~W.
bearinq aasumed, alonq the .outh Une of .aid Outlot l<, a d1a~a_ of ~"S.30
teet; thanee NO.27'OO.E .. diatane. of- 480.65 feet; thence S61.4)~i,o." II
dlat.ance of 171.05 feet to the point of ~inninq of the laod to "- d.scribed,
thence N28.16'30'W 100.00 feet, theoc. 861 4)'30"W 405.80 f.et. ..o~. 01. lea., to
, ita int.rsect10n with a line that i. par..l1.l with and dia~ant 8~.00'f.et
northeast.rly of a 11ne d.scrlbed as follow.,
CoDMeoc1nq at the most southerly corner of ..id Outlot A, th..ce
N61".]' ]O"E. bearinq a.sU1ll8d. don.,. the soutb....t Une of ael!l.'OUtlot '" a
di.tance of 237.00 teet, th.nce .2S.16'30'w a diat.n~e of 40ft.00 t..~,
thence N61.43']0'E a distance of ]00.00 feet to the point ofbe9tnn1nq of
lobe line to be de.crlhed, thence S2S'16' 30'S to ~he .ou~h lin..,o'f .lOid
Ou~lot ~ and there te~in.tin9.
thence southea.terly, alonq .aid parall.l lioe to it. int.r..ction~ith a line
bearlnq S61.Cl'30.W troM the p01n~ Qf beqinnlnq, thenoe N61-.311O-S"t9 ~be
point of beq1nniQ9.
'REGISTERED
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(Cartificate of Titla No. 10619.1
MId that part of Outlot A in IIJ\STINGS INDU8TRIAL PAllII NO.1. accord in., to the
~dad p~t thereof. daacrlbed aa foll~..
~cint"at tha _thaaat conuor of aaidOUtlot A. th....,. N89.33'00'''.
_rllMl...aa.",...,. . a1,9n., tha _th liDa of ,,,,td outlot. A. a diataftOa.o.f548.30
f_, . than.,. "0.27' OO'S .. diatan.,. "of 'ucr:n-rftt. thence 56l'U.30.'. .
diatance of 373.95 faat to tha point of be9innin9 of.tha land to.~ daa.ribad,
tbanea 810.58....B a diatance of 315.01 f.~ to the aouth lina of aaid.o.tlot
A. thaeca aoutbwaatarly.'a10nq aaid eOnth llne of OUtlot A to ita'lntaraeptlon
with a Una tbat ia parallal with a"".Uatabt '0.00 f_ .l>Ortheaatarly.,Qf'a
Una ....d ita aoutheaatarly axtandoD deacd-bad .ioi faUOIIlI. "
~na,i1l9 at tha _t 'IIOUtbady cottier of aaid :outlft A, tha....i. .
"1.43'30"s. baarinq aa.u.a4. alonq the aout~'J1a..of ..id ~~ A a
"..htanoe of 237.00 feat. than"" 1128016'30"" .~~.ee of 400,..o/l:f~.
,~..aDee ".61.43'30.S a diatanee Of. 300.00 f"~,~~., ,olD" of be9i~DrQt'O(
.cha u..... to Ita 'eacrtbad1 thane.. -828.16'30,.. ",~':'...Il;1I .1iDa of Mid
'OUli1~ A ."" "tbora. t.~i...U",,~ . . ", . . .
~~ .28016'30.. to ita. in~r"aat1OD "itll a 11"" t1!al: :beIlra S61~~3'30." ,....
~ point of be~innln9' tbance ~1.43'30.S to tb. point of baqinnlnq.
(Cer\Uicata of Title 110. 75635) '. r .
Acocl that part of OUtlot A In llASTIIlGS UlDI18TRI"L 111.1111 lIO.l. aCXlO,rdJllIJl W tba
~Cled plat. thereof,d..cri~ .. foll_~jI,l ,;. _'::"-;~.
c~ncill9 at tha aouthe..t cornar of ..if'.O!\ltlot '" tbenco II""J).'C!O'''_ '.
baadn9 ..a~, aloo'll tba.eouth Un. of"hl.i 0ut.1~ A. a dhunce ofU'.JO
f.et, thenea "0.27' 00" a dietenee of 480.65 "f..t tC!.. pcbt hereinafter
rafarred to aa point "A', thenca 861043'30.." a diet_oea of J'1~.'5. fa"tto tile
point of beqinnin9 of the land to be deaorlbed, tbence 1161'4",0'. _ dietaace
of 202.90 f.at to . ~int beariaq 8~1'.3'30''''and diatant 111.05 faat fr~ aald
Point '10', thenoe SO 27'00'" a dtatance of 398.61 f..tto tba aoutb U... of
~~d OUt.lot A, thence aouthvaatarly. alOD'll eaid aouth line of Outlot" to ita
i6t.raaction vit.h . line baarin, 810'58'48'. freo tba point of beqlnnlnq/
t'-Ce 1110'58'48'" a diat.ance of 315.01 faat to tha point of beqlnnln9.
(Certificate of Title No. 88598)
And t.hat part of Outlot A. BASTING8 IIIDUSTRIAL P~B lIO. 1, accardin9 to the
~lat th.reof on file and of record at the Cqullty aecorder'a office. Dakota
OOanty. Mino..at. described .. follows.
eo..enoinq at the 5S corner of a.id OUtlot A. thenca 1189'33'00'''. baarlnq
aaa~. alonq the aouth line of eald OUtlot A. a diatanoe of 5.8.30 faat to
the point of beqinnin9 of land herein da,cribe." thence lI0027'00'.. a dlatanoe
of 480.65 fe.t, thence 861043'30'" a diatanca of 171.05 feet. tbeaca 80.27'00'"
a dtatanoe of 398.61 faatto tbe aoutb lhe of add OUUot to: tbeade on a
nonl:aDCJentiel curve. conca" to the aouth. I!aYl"q a riodi_' of U.'O.48 feet. a
oeatral a"qla of 0'59'07". a ohord beadn9 of N890J7'26!B,'io dietaoeoof 20.30
feet, tban~e 889.33'00'S a diatanoe of 129.70 faat.to tbe point of bevinninq.
And that part of OUtlot A ia HlISTINGS IllDDSTRlAL PMII lIO. 1. aecordin9' to tbe
recorded plat thereof. described .. foll""". . .
eoaaaaeioq:at the aoutbaaat cornar of MldOotlot ", tbenee lI89'33'OO.".
bearinq aSSUMed. alonq the ~uth line of eaid OUtlot A, a diatan~. of 548.30
feet.' thence lIO'27'00'8 a di.tence of 480.65 faat, thence S61'.3"O." a .
di'tan,," of 171..05 feet to the point of beqi"n1n9 of tbe land to be':cle!,ctibed'
tbaece 1128.16'30"" a dlatanee of 200.00 faet. thence 1161.43'30'8 a dlat.ace of
92~nf~t' .tbenoe S.9'45"00'S a'dhtanoe of 214.91 f_t. more or Ie..; 'to ita,
intaraept1,OII witb a U"e baadnq .61.43' 30.oS frOll t" point of beqinn111q.,
t/lloaoe ."..~'43'30'" to tha polnt of beqinnlnq. ,,'.
(C.rtificate of Title No.. )
''ll!!at.,si!ort. Of OIItlot 10. BAS~IIIDU~A.,"1oU lIO. 'I. on fne and of r---" in
. '.4tU~'of the aaqbtNr of Titlee.PfI~ eo....ty..ttia.....ta. d..criM<l 'aa
~~~e.. .' .'
~ci", at.. the aouthe."" corn... of aaicf.ou1:~tA' tilence lIS9'3~"OO.W.
aa.,..e4 baarinq. alonq the ao~.line of Mtd OUtlot~. a'di.tance of ~8.30
r.at to .tIW poi1lt of baqtnninq of tbe .~..~ be do-:Clrlba.h thaneeIlU.3:J'00"".
.10a9 the aouth Una of eaid. Outlot A. '~}a""tuce<<.).$O~(lO feat, thenea'.
.0"2-7'00.8 a diat.aaea of 480'.65 reet, ~ 849.4$'llIoJpa dbUneaof 14'.93
tMt. tbaDOe SU.26'OO'Z a dbtanoe of. 5"1;3~"fe.t..!I:G' itia bt.arael;'tiOll wtth a
line beari"., 1I0'27'00'S from the point of baqinnlaqt thence 80.27'00." a
di.""aoa of 3.8.32 feet to tha polnt of baqtnninq.
(Certificate of Title 110, 50396)
That 'part of Outlot A, HASTING8 INDUSTRIAL PARII lID. 1. eccordinq to the pllt
~: tt~..ad of record a~ ~h. County aecorder.. office, DaKota County,
~.~. deacribad a, followa.
. ea...acin. at ~h.aout~.a.t oorn.~ of s.id' OUtlo~:A) ~__Doe N89.3].OO.W
......ect beadnq. alonq the aoath Une of aaid Outlot A. 1I: dlateneo c:f 98'..30
r..t. to the point pf beqianl~ of the land toba d...,,~~bed, thaol..... .8.'33'OO.W,
'lq~ the aouth line .of OUtlot ~, a .diltanee Of lQ~,~"I..t. tban.....1I.2'.00.Z.
.....di."""c.. of ),52.59 feet. thence S.,'26'0001l a diatenee of 48.00 feet, thence
83'"33'00'S . diatanoe of .16.51 feet to the point of 'baql.ninq.
SHEET 2 OF 4 SHEETS
'~EGISTERED LAND SURVEY, NO.
I ~~ certify that this REGISTERED LARD SURVBY i. a correct deli~tio. of
sat4SUrvey. Dated th'l,. ~ day of , 1998.
John r. Dwyer, Land SurveyOr. Minneacta L1cea..'>>o~
Approved ~y the Plannin~ Comi.aion of the City of Ra.tinq., Minneaota, at a
re.qular tQeeting thereof, on the _ day of , 1998.
Chair
... do hereby certify that 011 the day of
CQvneil of Haating., Minneaota approved thia plat.
~r
Clerk
'"---
, 1998, the. city
Pursuant to Seetion 3830.65, Minnesota Btatut.., thia plat ha. be~ .ppro~
this _ day of 1998.
. .
Gary H. S~ev.n.OIl, Dak6t:.' Co~~. aar~}t'or
~ 110. Certificate 110. "
I hereby certify this REGISTERED LAND SURVEY wu filed 'by tM:."~.fl..aa
ItBGI8'l'llUD LMD SURVEY 110. -----J thh day of " 1998 lit
o'clOCi _.M., in Volume )Jwaber ~. p;q;- _.' '
Reqiatrar Of Titles, Dakota County, Hinn.
DWYER & ASSOCIATES, INC.
Land Surveyors
875 Spiral Boulevard
Hastings, Minnesota 55033
Bus: (612] 437.290') fAX (612] 437.4070
PR ELI M I ~~t\RY
NOT CHECKED
CULLT --.. n, II C"l..lrrTC'
:/
REGISTERED
LAND
SURVEY NO.
-z /
/
.:
100 0
b..__ _
100
200
300
SCAlE IN FEET
THE ORIENTATION OF THIS BEARING SYSTEM
IS BASED ON THE SOUTH UNE OF OUTlOT A,
HASTINGS INDUSTRIAL PARK NO.1, WHICH
IS ASSUMED TO HAVE THE BRARING OF
N89"33'OO'W.
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· DENOTES FOUND
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UOST SOUTHERLY COR. OF" OUTlOT A. -' /
HASTlNGS lNOUSTRfAL PARK NO.1.
':'
VII - 1 &
VIUC-3
MEMO'
To:
From:
Subject:
Date:
Honorable Mayor and City council members 0 ~
Lori A. Webster, Finance Director .~
Public Hearing - Delinquent billings to be Assessed
. October 14, 1998
A Public Hearing has been called for October 19, 1998 to receive comments regarding delinquent
utility bills and delinquent "dutch elm" billings that are to be assessed to the property owners
taxes,
As previously stated, letters have been mailed out and payment requested. A complete listing as of
today's writing is attached for the delinquent billings, There are two delinquent "dutch elm"
billings totaling $ 565.52 and at this time there are approximately 16 delinquent utility accounts
totaling to $ 2,900. The City will continue to accept payment on these delinquent accounts until
November 30, 1998. After this date, the remaining amounts will be certified to Dakota County as
special assessments,
If you should have any questions regarding this information, please feel free to contact me,
Council Action Requested
Authorize accounts as listed to be certified to Dakota County as special assessments,
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127 · Fax: 651-437-7082
October 13, 1998
DUTCH ELM CERTIFICATIONS
Harry Snyer
219 West 3M Street
Patricia Seleski
806 W. lOlIt St.
19-32150-031-22
$325,89
19-11250-070-14
$239.63
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VII-2 & VIIIC-1
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council members
Lori A Webster, Finance Director ~
Augustana Home of Hastings Tax Exempt Bond Sale Public Hearing
October 14, 1998
At the September 21, 1998 City council meeting, council called for a public hearing to receive
comments regarding the pending sale of tax exempt bonds for the Augustana Home of Hastings,
As you may recall, Augustana wishes to refinance existing debt, including the debt incurred in
purchasing the property and also to use some of the funds for remodeling the property, Attached
you will find the following documents:
1) Resolution Authorizing the Issuance and Sale of Revenue Bonds for Health Care
Facilities Project, at the request of Augustana Home of Hastings
2) Application form and attachments to the Minnesota Department of Trade and
Economic Development
Other draft documents related to this issuance that staff has received include; 1) Bond Plurchase
Agreement, 2) Continuing Disclosure Agreement, 3) Loan Agreement, 4) Trust Indenture,
5) Combination Mortgage, and 6) Assignment of Mortgage, These documents have also been
distributed to Shawn Moynihan, City Attorney and Mary Dyrseth, Bond CounseL
The Resolution is the document that City Council is being asked to approve at the October 19,
1998 council meeting, after the public hearing,
The Resolution, application, and related attachments have all been review by the City's bond
counsel, Mary Dyrseth of Briggs and Morgan, Shawn Moynihan has reviewed the non-bond
related items for compliance with City Charter and Ordinances,
If you should have any questions regarding this information, please feel free to contact me,
Council Action Requested
Provided no comment is received at the public hearing, the action requested of the City Council is
to approve the enclosed Resolution,
Extract of Minutes of Meeting of the
City Council of the City of Hastings, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Hastings, Minnesota was duly held at the City Hall, on Monday, the 19th
day of October, 1998, at:!.. o'clock P.M.
The following Council members were present:
and the following were absent:
* * *
* * *
* * *
The Mayor announced that this was the time and place for a public hearing
on a proposal for the undertaking and financing of a health care facilities project and the
issuance of revenue bonds by the City therefor on behalf of Augustana Home of Hastings,
a Minnesota nonprofit corporation. The following persons appeared:
After all persons present had an opportunity to express their views, the
hearing was closed.
* * *
* * *
* * *
Council member
then introduced the following written
resolution, the reading in full thereof having been dispensed with by unanimous consent,
and moved the adoption thereof:
PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS
PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO
469.1651, TO PROVIDE FUNDS FOR HEALTH CARE FACILITIES
PROJECT, AT THE REQUEST OF AUGUSTANA HOME OF
HASTINGS
The motion for adoption of the foregoing resolution was duly second by
Council Member
, and upon vote being taken thereon the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
11
PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS
PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO
469.1651, TO PROVIDE FUNDS FOR HEALTH CARE FACILITIES
PROJECT, AT THE REQUEST OF AUGUSTANA HOME OF
HASTINGS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
I. Authority. The City of Hastings (the "City") is by the laws of the State
of Minnesota, including Minnesota Statutes, Sections 469.152 to 469,1651, as amended (the
"Municipal Industrial Development Act" or the "Act"), authorized to issue and sell its revenue
bonds for. the purpose of financing and refinancing costs of authorized projects and to enter into
contracts necessary or convenient in the exercise of the powers granted by the Act.
2. The Proiect and the Bonds, Augustana Home of Hastings, a Minnesota
nonprofit corporation ( the "Borrower"), has proposed to this Council that the City undertake,
at the request of the Borrower, a project, pursuant to the Act, consisting of the refinancing of
existing indebtedness incurred by the Borrower in connection with the acquisition by the
Borrower of an existing 107-bed nursing facility located at 930 West 16th Street in the City,
together with the acquisition and construction of improvements, including furnishings and
equipment, to the facility (all collectively referred to as the "Project") and that the City issue
and sell its revenue bonds, in substantially the form set forth in the hereinafter-mentioned
Indenture (as described more fully below, the "Bonds") and loan the proceeds thereof to the
Borrower to provide financing for the Project.
3. Public Hearing. As required by the Act, this Council conducted a
public hearing on Monday, October 19, 1998, on the proposal of the Borrower to undertake
the Project and issue the Bonds therefor, after publication in the official newspaper and a
newspaper of general circulation in the City of a notice setting forth the time and place of
hearing; stating the general nature of the Project and an estimate of the principal amount of
bonds or other obligations to be issued to finance the Project; and stating that a draft copy of
the proposed Application to the Minnesota Department of Trade and Economic Development
(the ''''Department''), together with all attachments and exhibits thereto, was available for
public inspection at the offices of the City, at all times between the hours of 8:00 A.M. to
4:30 P,M. each day except Saturdays, Sundays and legal holidays to and including the day of
hearing; and stating that all parties who appear at the public hearing shall have an
opportunity to express their views with respect to the proposal.
4. Documents Presented. Forms of the following documents relating to the
Bonds have been submitted to the City and are now on file in the offices of the City Clerk:
a. Loan Agreement (the "Loan Agreement") dated as of November I, 1998,
between the City and the Borrower, whereby the City agrees to make a loan to the
1
Borrower (the "Loan") of the gross proceeds of sale of the Bonds and the Borrower
agrees to complete the Project, and to payor cause to be paid amounts sufficient to
provide for payment in full of the Bonds; and
b. Trust Indenture (the "Indenture") dated as of November 1, 1998, between
the City and a bank or trust company to be named therein, as trustee (the "Trustee"),
setting forth the terms and provisions of the Bonds and setting forth proposed recitals,
covenants and agreements relating thereto; and
c. Combination Mortgage, Security Agreement and Fixture Financing
Statement and Assignment of Leases and Rents (the "Mortgage") dated as of
November 1, 1998, from the Borrower to the City, granting a mortgage lien on and
security interest in the Project Facilities, as further described and mortgaged
thereunder, in order to provide security for the repayment of the Bonds; and
d. Assignment of Mortgage (the "Assignment") dated as of November 1,
1998, from the City to the Trustee, by which the City assigns to the Trustee its
interest in the rights granted by the Borrower under the Mortgage, and all with
respect to the property mortgaged under the Mortgage; and
e. Continuing Disclosure Agreement (the "Disclosure Agreement")
dated as of November 1, 1998, between the Borrower and the Trustee, providing
that the Borrower make certain ongoing disclosures with respect to the Bonds, as
more fully set forth therein (this document not to be executed by the City); and
f, Bond Purchase Agreement (the "Bond Purchase Agreement"), by and
between Miller, Johnson & Kuehn Incorporated (the "Original Purchaser"), the
Borrower, and the City, providing for the purchase of the Bonds from the City by
the Original Purchaser and setting the terms and conditions of purchase; and
g. Preliminary Official Statement and form of final Official Statement,
the form of the Preliminary Official Statement intended to constitute the form of the
final Official Statement, together with the insertion of such underwriting details as
the interest rates to be borne by the Bonds and related matters, and including the
Appendices thereto, in each case describing the offering of the Bonds,' and certain
terms and provisions of the foregoing documents.
5. Findings. It is hereby found, determined and declared that:
a. The issuance of the Bonds is duly authorized by the Act.
b. There is no litigation pending or, to the best of its knowledge, threatened
against the City relating to the Project or to the Bonds, the Loan Agreement, the
Indenture, the Mortgage, the Assignment or the Bond Purchase Agreement or
2
questioning the organization, powers or authority of the City to issue the Bonds or
execute such agreements.
c, The execution, delivery and performance of the City's obligations under
the Bonds, the Indenture, the Loan Agreement, the Assignment and the Bond Purchase
Agreement do not and will not violate any order of any court or any agency of
govemmentofwhich the City is aware or in any proceeding to which the City is a party,
or any indenture, agreement or other instrument to which the City is a party or by which
it or any of its property is bound, or be in conflict with, result in a breach of, or
constitute (with due notice or lapse of time or both) a default under any such indenture,
agreement or other instrument.
d. The Bonds are to be issued by the City upon the terms set forth in the
Indenture, under the provisions of which the City's interests in the Loan Agreement will
be pledged to the Trustee as security for the payment of principal of, premium, if any,
and interest on the Bonds (except for certain rights to indemnity, repayment of advances
and payment of fees and expenses).
e, The Loan Agreement provides for payments to be made by the Borrower
to the Trustee of such amounts as will be sufficient to pay the principal of, premium, if
any, and interest on the Bonds. The Loan Agreement obligates the Borrower to provide
for the payment of all operating and maintenance expenses of the Project, including
adequate insurance, taxes and special assessments,
f, Under the provisions of the Act, and as provided in the Loan Agreement
and Indenture, the Bonds are not and shall not be payable from nor charged upon any
funds of the City other than amounts payable pursuant to the Loan Agreement, and
moneys in the funds and accounts held by the Trustee under the Indenture which are
pledged to the payment thereof; no owners of the Bonds shall ever have the right to
compel the exercise of the taxing power of the City to pay any of the Bonds or the
interest thereon, nor to enforce payment thereof against any property of the City; the
Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any
property of the City; and each Bond issued under the Indenture shall recite that such
Bond, including interest thereon, shall not constitute or give rise to a charge against the
general credit or taxing powers of the City, .
g, It is hereby found, determined and declared that the Project furthers the
purposes set forth in the Act in that the purpose of the Project is and the effect thereof
will be to promote the public welfare by the enhancement of the provision of health care
services and facilities in the community.
6, In accordance with the requirements of the Act, of:(icers of the City are
hereby authorized and directed to submit the proposal for the Project to the Department of
Trade and Economic Development to request its approval thereof, and City officers,
3
employees, and agents are hereby authorized to provide the Department with such
preliminary information as it may require.
7. Approval and Execution of Documents. The forms of Loan Agreement,
Indenture, Bond Purchase Agreement, Mortgage and Assignment referred to in paragraph 2, are
approved. The Loan Agreement, Indenture, Bond Purchase Agreement, Mortgage and
Assignment are hereby autIlorized for execution in the name and on behalf of the City by one or
more officers of the City at such time, if any, as they may deem appropriate, in substantially the
form on file, but with all such changes therein, as may be approved by the officers executing
the same, which approval shall be conclusively evidenced by the execution thereof, and then
shall be delivered to the Trustee.
8, Approval. Execution and Delivery of Bonds. The City shall proceed
forthwitIl to issue the Bonds, subject only to obtaining approval of the Project from the
Department of Trade and Economic Development, the Bonds to be in the form and bearing
the terms set forth in tIle Indenture, which terms are for this purpose incorporated in this
Resolution and made a part hereof; provided, however, that the maturities of the Bonds, the
interest rates thereon, and tIle rights of optional or mandatory redemption with respect thereto
shall all be as set forth in the final form of Indenture to be approved, executed and delivered
by the officers of the City authorized to do so by the provisions of tIlis Resolution, which
approval shall be conclusively evidenced by such execution and delivery; and provided
further that, in no event, shall such maturities exceed 30 years or shall the net interest cost for
the Bonds exceed 7,00% per annum. The Original Purchaser has agreed pursuant to tIle
provisions of tIle Bond Purchase Agreement, and subject to tIle conditions therein set forth, to
purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and said
purchase price is hereby found to be favorable and is hereby accepted, The officers of the
City are authorized and directed to prepare and execute the Bonds as prescribed in the
Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution
and the otIler documents required by Section 2.08 of the Indenture, for authentication,
registration and delivery to the Original Purchaser. As provided in the Indenture, each Bond
shall contain a recital that it is issued pursuant to the Act, and such recital, to the extent
provided or permitted by law, shall be conclusive evidence of the validity and regularity of
the issuance thereof.
9. Official Statement. The City hereby consents to the circulation by the
Original Purchaser of the Official Statement in offering the Bonds for sale; provided,
however, that the City makes no representations or warranties as to the sufficiency,
accuracy or completeness of the Official Statement.
10. Certificates, etc. Officers of the City are authorized to prepare and
furnish to Bond Counsel and the purchasers of the Bonds certified copies of all proceedings and
records of the City relating to the Bonds, and such other affidavits and certificates as may be
required to show the fact appearing from the books and records in the officers' custody and
control or as otherwise known to them; and all such certified copies, certificates and affidavits,
4
including any heretofore furnished, shall constitute representations of the City as to the truth of
all statements contained therein.
11, Nature of Citv's Obligations. All covenants, stipulations, obligations,
representations, and agreements of the City contained in this Resolution or contained in the
aforementioned docUfilents shall be deemed to be the covenants, stipulations, obligations,
representations, and agreements of the City to the full extent authorized or permitted by law,
and all such covenants, stipulations, obligations, representations, and agreements shall be
binding upon the City. Except as otherwise provided in this Resolution, all rights, powers,
and privileges conferred, and duties and liabilities imposed upon the City by the provisions
of this Resolution or of the aforementioned documents shall be exercised or performed by
such officers as may be authorized by law to exercise such powers and to perform such
duties, No covenant, stipulation, obligation, representation, or agreement herein contained or
contained in the documents referred to above shall be deemed to be a covenant, stipulation,
obligation, representation, or agreement of any council member, officer, agent, or employee
of the City in that person's individual capacity, and neither the City Council nor any officer
or employee executing the Bonds or such documents shall be liable personally on the Bonds
or be subject to any representation, personal liability or accountability by reason of the
issuance thereof. No provision, representation, covenant or agreement contained in the
Bonds or in any other docUfilent related to the Bonds, and no obligation therein or herein
imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral
obligation, or indebtedness or pecuniary liability of the City or any charge upon its general
credit or taxing powers, In making the agreements, provisions, covenants and representations
set forth in the Bonds or in any other docUfilent related to the Bonds, the City has not
obligated itself to payor remit any funds or revenues, other than the Trust Estate described in
the Indenture.
12. Authorized Officers. The Bonds and the documents referred to herein
are authorized to be executed on behalf of the City by any of its Mayor, City Clerk or City
Administrator; provided that in the event any of the officers of the City authorized to execute
documents on behalf of the City under this Resolution shall have resigned or shall for any
reason be unable to do so, any member of the City Council of the City, or any officer or
employee of the City, is hereby directed and authorized to do so on behalf of the City, with
the same effect as if executed by any officer specifically authorized to do so in the Indenture
or this Resolution, 'o
Adopted: October 19, 1998
Ml :418174.01
5
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Hastings, a Minnesota municipal corporation (the "City"), do hereby certify that attached
hereto is a compared, true and correct copy of a resolution giving final approval to the
issuance of revenue bonds by the City, at the request of Augustana Home of Hastings, a
Minnesota nonprofit corporation, duly adopted by the City Council of the City on October
19, 1998, at a regular meeting thereof duly called and held, as on file and of record in my
office, which resolution has not been amended, modified or rescinded since the date thereof
and which resolution is in full force and effect as of the date hereof, and that the attached
Extract of Minutes as to the adoption of the resolution is a true and accurate account of the
proceedings taken in passage thereof,
WITNESS my hand and seal of the City this _ day of
,1998,
City
(Seal)
MI:418174.01
6
Revised June 1995 A
STATE OF MINNESOTA
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
DIVISION OF COMMUNITY DEVELOPMENT
APPLICATION FOR APPROVAL OF INDUSTRlAL DEVELOPMENT BOND
PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469,152 THROUGH 165
(please submit this form in duplicate - all supporting data in single copy only)
Date: ...,Qc,to,I;>,<<r..l~,)<,J<,J8........
The governing body of Ji!l,~!j!!gs.....oo..oooo......oooooo' County of wJ?!I,~,o~oo..' Minnesota, hereby applies to
the Minnesota Department of Trade and Economic Development (Department) for approval of a proposed
Industrial Development Bond issue as required by Minn, Stat, 469.152-,165,
Address of issuer 00 ......~,i,t.Y.H~!!,J. QLE.<lst,:f~ ,~!r.e~t 00'...""" '.00"".., 0000 woo.. "'00.'00' 00"", 00 00""', 00' ...,.",."", u
.,.."", """,..,..oo,",..,'oo,..H!I,~!i!!g~"MN.,.:;:;Q~~" "" "" """'" ,." "",. '" ",." """ '" ,., '".."", ""0000""""" ."""""" ,.
Attn: ....f!l1a,n,c;~.PiX~,c;!!?r.....,..oo.oooooooooo...oo........oo, Telephone: ,.<<5,?,!HJ7~,41P...,.....oooo.....'oo, ..00"'.'00"00
We have entered into preliminary discussions with:
Firm: "..,A!!g~~~!!<l,tI!?m~,9.f.H?,~!il1g~,..""oo".." Attorney: ..~h!!!!~!eL!I,Q.<:I.M.a,so.~...,~N:." "',' "."" ,... ",.
Address:J991.~U4~J?!X~~L,..,.......oo. 00 '00..., Address:. .3}<5, N!?!'!,~,R9.9.~[t ,S,tr~e1oo, "'00' '...,."
City: ,..Mil1!W~P!?!iL State;..MN.... Zip ,:;?1Q:L, City: ..~U~<ll,lL State ..MN.. Zip..??J.9.L,..oo"oooo
Name of Project: oo,..~,l,I,&l,l~~tl,?,Ro.~~..9J.tI~s,!i,n.&~""....."",..,oo..",.",".."....".." ,..., ',..,."",..,.""..'.."'.00' '" ,.
This firm is engaged primarily in (nature of business): ,..Q,':Y!!~I?,~,i.P.~!!~,9P.~r.?!J.9,Q.gOQ1:J:?~~...........,...,oo
l1~rl'.!~.& f?,c;@y, J.9f<1!~,<J.!!!. 9.~, 9. W ~~!J ~~, ;:?!r.~~!, .Ha,s!il1g~" M.i,Q,tl,<<~o.~,..,....,.....,.. ..,.....,.... ,......,..".. 00' ,."""""
-------------------------------------------------------------------..-----------.------...----------------------------------------.-----------------------------.-.
The proceeds from the sale of the Industrial Development Bonds wilI be used to
(describe the project): R~f!I1~~~ ,~,~i.~!j!!.g, il1~~,b!,e.<:lI1~~~ ,!~,c;!l!.l:~.<J, !.9,!!~q u.ix~J,Q.~ ,~l'.!~!j!!g".."""""""""""".
l1!!r~!tl.& f?,<:H.i!y. !!11~ p.~9.Y.:!~~, f.9,~, !!nRr!?Y.:~,II1,~!!!:~,!9, .tQ,e, faf! I!!y'" !11l;,I.l,l,<JJ,I).K !!l;,ql,l.i,~i!j.9I1, o.f. ~ql,l, ip,II1,em""""""",.
<1I1Q, fllf(1 i~,Q,i,I).g~.. '00 ,..."."",..,,'...,..,.... 00".."'..,',...,""""""""""""."'..""",,..,.. 00""",." 00..""""", 00"'..".""",
Address of Project: "",9.?Q,w.<<~!,!.<5,!\.1..~,!~~ce!,',.,', ",'.. "'"""".""""". '" .""", .." ''''00'''' '" """.."", "',"'" ""," ,.
....""'00" ,.""" ,.. "',.,"",tI!!~.tin.&s, ,MN,,5,?,Q}J, """".."", 00 '" ,.., '00" "", "., "..",,"..."00""".. ."...00" ""."""""" ,. ,.
Proceeds from the sale of the bonds of approximately $5,99Q,9.9.9., will be applied toward payment of
costs* now estimated as follows:
Acquisition of land:
Rehabilitation and Renovation
Demolition and site preparation:
Acquisition and Installation of Equipment:
Fees: Architectural, engineering, inspection,
fiscal, legal, administration, or printing:
Construction Interest:
Initial Bond Reserve (including Repair & Replacement Reserve):
Contingencies:
Other: Refinancing of existing indebtedness
$00 00....,......,.. ,9. 00.." 00 00..
u..". n 00 ,25,7 ,QQ(j, n"'.' n"
. 0
.----- -.-.. -- --- -_.~---.... - - -------
....,..... 00 oo9J ,QQ(j",...",..,
un...n...~JO'(j(jO...,'
o
-------....._---.--...._---
.n........}?'~'QQQn' ."",.,.
. n, ,4" L2'O,QQQ.,",.
It is presently estimated that construction will begin on or about mR~,el]1~~r"J9,9,8...h' and will be
complete on or about h"h,1\.p.ril,l,.J9,9,9'h'" When completed, there will be approximatelYm"mhmO
.m, new jobs created by the project at an annual payroll of approximately $mm""O,......u..' based upon
currently prevailing wages, (If applicable) There are ,,,,,,92,00,, existing jobs provided by business,
(If applicable) There will be ...."()u,,jobs created by construction of the project.
Number of hours ,. ",0"", Average wage level$"m"N/,A.,m"
Repayment of the proposed issue will be amortized over a period of ,.. 30"n years,
The following exhibits are furnished with this application and are incorporated herein by reference:
1. An opinion of bond counsel that the proposal constitutes a project under Minn, Stat. 469.153,
subd, 2,
2, A copy of the resolution by the governing body of the issuer giving preliminary approval for the
issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat.
469,153, subd, 2(g) or (j) would not be undertaken but for the availability of Industrial
Development Bond financing,
3. A comprehensive statement by the municipality indicating how the project satisfies the public or
purpose and policies of Minn, Stat, 469,152-,165,
4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project
from a financial standpoint,
5. A statement signed by the principal representative of the issuing authority to the effect that upon
entering into the revenue agreement, the information required by Minn, Stat. 469.154, subd. 5
will be submitted to the Department (not applicable to project under Minn, Stat. 469.153, subd,
2(g) or (j),
6. A statement signed by the principal representative of the issuing authority that the project does
not include any property to be sold or affixed to or consumed in the production of property for
sale, and does not include any housing facility to be rented or used as a permanent residence,
7. A statement signed by a representative of the issuing authority that a public hearing was
conduced pursuant to Minn. Stat. 469,154, subd, 4, The statement shall include the date, time and
place of the meeting and certify that a draft copy of this application with all attachments was
available for public inspection and that all interested parties were afforded an opportunity to
express their views,
8, Copies of notice(s) as published which indicate the date(s) of publication and the newspaper(s) in
which the notice(s) were published,
9, Provide a plan for compliance of employment preference of economically disadvantaged or
unemployed individuals, (See Minn, Stat, 469,154, subd, 7,)
-2-
We, the undersigned, are duly elected representatives ofnn.mmB~i.llg~h,mnnmnnhh_'mh"h,mh,mh....m.'
Minnesota and solicit your approval of this project at your earliest convenience so that we may carry it to
a final conclusion,
Signed by:
(Principal Officers or Representatives of Issuing Authority; type or print official's name
on the line to the left of the signature line. Thank you,)
Michael Werner
______...___.u____..________.....___
Mayor
Signature
'- -, "P.~~i<l,M:,.Qs,b,erg", "."" ",."""" "",'u.,'..",
Title: City Administrator
n........____.....__.______......______________________.___.....____n.___..__
Signature
This approval shall not be deemed to be an approval by the Department or the State of the feasibility of
the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor.
--------_________.___________u___________________________._.___.__________
Authorized Signature, Minnesota Department of
Trade and Economic Development
Date of Approval
Please return to:
Minnesota Department of Trade and
Economic Development
Office of Business Finance
Attn: Paul Mae
500 Metro Square Building
121 Seventh Place East
St. Paul, Minnesota 55101-2146
Ml:418141.01
-3-
FAEGRE & BENSON LLP
2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET
MiNNEAPOLIS, MINNESOTA 55402-3901
TELEPHONE 612*336-3000
FACSIMILE 612,336,3026
October 19, 1998
City of Hastings
City Hall
10 I East Fourth Street
Hastings, MN 55033
Re: Proposed City of Hastings, Minnesota, Health Care Facilities Revenue
Bonds (Augustana Home of Hastings Project), Series 1998
Ladies and Gentlemen:
We have examined the Application for Approval of the above described project
submitted by the City of Hastings, Minnesota under the Minnesota Municipal Industrial
Development Act, including the Resolution giving approval to the Project, adopted by the
City Council, attached thereto. It is our opinion that the proposed project described in the
Application constitutes a "project" within the meaning of Section 469.153 Subd. 2, of the
Act, as amended from time to time, and that, when finally and duly authorized and issued, the
bonds will be valid and binding obligations under the Act.
Very truly yours,
M1:418133.01
Minneapolis Denver Des Moines London Frankfurt
PLAN FOR EMPLOYMENT PREFERENCE OF ECONOMICALLY
DISADVANTAGED OR UNEMPLOYED INDIVIDUALS
Pursuant to Minnesota Statutes Section 469.154, Subd, 7 Session Laws 1983,
Chapter 389, Section 113, Subd. 11, Augustana Home of Hastings (the "Borrower") shall
make every effort to comply with the requirements of said Statute for the purpose of
providing employment to those individuals who are unemployed or who are economically
disadvantaged and who otherwise qualify for employment with the Borrower.
It is the intent of the Borrower to target employment opportunities to qualified
individuals who are unemployed or economically disadvantaged.
It further is the intent of the Borrower to provide such reports as may be
required by Statute to the Commissioner of Trade and Economic Development.
Ml:418138.01
@JI9
MILLER, JOHNSON & KUEHN, INCORPORATED
INVESTMENT SECURITIES
September 22, 1998
City of Hastings
101 East Fourth Street
Hastings, MN 55033
Re: $5,000,000 City of Hastings,' Minnesota
Health Care Facilities Revenue Bonds
Augustana Home of Hastings Project
Series 1998
To Whom It May Concern:
At the request of Augustana Home of Hastings we have conducted a study of the
preliminary economic feasibility of the proposal that revenue bonds be issued under the
provisions of the Minnesota Municipal Industrial Development Act to provide funds for
the Project.
It is opinion that on the basis of current financial conditions; the Project is economically
feasible and the revenue bonds can be successfully issued and sold,
5500 Wayzata Boulevard
8th Floor-Suite 800
Minneapolis, MI\ 55416
'SfpC
(612) 542-6000
(800) 537,7829
Scottsdale, AZ
La Jolla, CA
Clearwater, FL
Saint Paul, MN
Houston TX -
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127. Fax: 651-437-7082
October 14, 1998
Minnesota Department of Trade and
Economic Development
Office of Business Finance
500 Metro Square Building
121 Seventh Place East
St. Paul, MN 55101
Attention: Paul Moe
RE: Proposed City of Hastings, Minnesota, Health Care Facilities Revenue Bonds
(Augustana Home of Hastings Project), Series 1998
Dear Sir or Madam:
Augustana Home of Hastings, a Minnesota nonprofit corporation (the "Borrower") has
requested the issuance by the City of Hastings (the "City") of the above-referenced revenue
bonds (the "Bonds") in an aggregate principal amount of up to approximately $5,000,000. The
proceeds of the Bonds would be loaned to the Borrower to refinance existing indebtedness
incurred in connection with the acquisition by the Borrower of the existing 107-bed nursing
facility located at 1007 East 14th Street in the City, together with the acquisition and
construction of improvements to the existing facility (all collectively referred to as the "Project"),
including funding of necessary reserves and financed issuance expenses, Enclosed please find
the Application ofthe City for approval of the Project, in duplicate, including a draft of the
Preliminary Resolution adopted by the City Council.
Based on the representations of the Borrower, the City believes that the Project will be in
the public interest and serve a valid purpose under the laws of the State of Minnesota, including
the Municipal Industrial Development Act, Minnesota Statutes. Section 469, I 52 to 469.1652, as
amended (the "Act"), primarily because the Project is expected to enhance the provision of health
care services and health care facilities in the community.
I further certify, in order to provide the information required to be supplied to the
Minnesota Department of Trade and Economic Development as Exhibits 5, 6, and 7 to the
Application to the Department for approval of the Project, as follows:
-
Hastings on the Mississippi
Minnesota Department of Trade and
Economic Development
October 14,1998
Page 2
(1) Upon entering into the revenue agreement for the Project between the City
and Augustana, all information required by Section 469.154, Subd. 5, ofthe Act will be
submitted to the Department.
(2) The Project does not include any property to be sold or affixed to or
consumed in the production of property for sale, and does not include any housing
facility to be rented or used as a permanent residence.
(3) Pursuant to Section 469.154, Subd, 4, of the Act, a public hearing was
conducted with respect to the Project at City Hall, located at 101 East Fourth Street,
Hastings, Minnesota on Monday, October 19, at 7:00 o'clock P.M., at which hearing all
- interested parties were afforded an opportunity to express their views, and that, from and
after the publication of the notice of public hearing, which publication was made on
Thursday, September 24, a draft copy of the Application to the Department, with all
attachments, was available for public inspection at City Hall.
Mayor
City of Hastings
VII-3&4
MEMO
To: Honorable Mayor and City Council Members
From: Tom Montgomery
Subject: Award Contracts, SCADA System and Booster StationlWell Pumphouse
Improvements
Date: October 15, 1998
SCADA SYSTEM
Council is requested to award a contract to Automatic Systems Co. in the amount of
219,000 for the installation of a new computer control system that will serve the water system,
wastewater system, the SW ponding basin pumping station, and integrate with the hydropower
control system. The bids came in slightly above the estimated $211,000 cost, but as three of
these bids were closely grouped and competitive, staff is recommending award of contract and
proceeding with the project.
Funding of the SCADA system is proposed as follows:
Funding Source
Wastewater Fund
Amount
Total
$45,000
$10,000
$8,000
$156,000
$219,000
Hydropower Fund
Street Dept. ERF
W ACIW ater Fund
BOOSTER STATIONIWELL PuMPHOUSE IMPROVEMENTS
Council is requested to award a contract to Magney Construction, Inc, in the amount of
$696,600 for the proposed booster station and well pumphouse improvements, The booster
station will allow the high water system to tap the excess pumping capacity of the-low water
system, and the pumphouse improvements will update pumphouses #3, #4, #5, and #6 as
outlined in my memo of September 11, 1998 (copy enclosed). The estimated cost for these
improvements was $638,000, The bids are about 9% above the estimated cost, but again, the
bids received were competitive and it is unlikely that rebidding the project will result in lower
costs.
Funding for the booster station and well pumphouse improvements is proposed to come
from WAC funds. There is a current balance of almost $1.3 million of WAC funds in the Water
Fund. After reviewing the remaining costs due on the water storage tanks, and CR #42, 1997
and 1998 improvement projects, and paying for the SCADA system and booster station/well
pumphouse improvements, there will remain a $400,000 reserve in the W ACIW ater Fund.
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolution No,
RESOLUTION RECEIVING BIDS AND A WARDING CONTRACT FOR THE
SCADA CONTROL SYSTEM INSTALLATION
WHEREAS, pursuant to an advertisement for bids for furnishing and installing a SCADA
Control System, bids were opened on October 15, 1998 and tabulated according to law, and the
following bids were received:
BIDDER
BID PRICE
Automatic Systems Co,
Total Control Systems
System Control Services
Instrument Control Systems
$219,000,00
$220,500.00
$247,000.00
$317,000,00
$336,245.00
Dynamic Systems, Inc.
WHEREAS, it appears that Automatic Systems Co. is the lowest responsible bidder;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby authorized and directed to
enter into a contract with Automatic Systems Co. in the amount of $219,000.00 for furnishing
and installing a SCADA Control System.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 19TH DAY
OF OCTOBER, 1998.
Ayes:
Nays:
Michael D, Werner, Mayor
ATTEST:
Joyce Hottinger, City Clerk
(SEAL)
CITY OF HASTINGS
DAKOTA COUNTY, MINNEsOTA
Resolution No,
RESOLUTION RECEIVING BIDS AND A WARDING CONTRACT FOR THE
BOOSTER STATION AND WELL PUMPHOUSE IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for a booster station and well pumphouse
improvements, bids were opened on October 15, 1998 and tabulated according to law, and the
following bids were received:
BIDDER
BID PRICE
Magney Construction, Inc.
Municipal Builders, Inc.
GHT Construction, Inc,
$696,600.00
$715,500.00
$759,000.00
WHEREAS, it appears that Magney Construction, Inc, is the lowest responsible bidder;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCn.. OF THE CITY OF
HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby authorized and directed to
enter into a contract with Magney Construction, Inc. in the amount of $696,600,00 for a booster
station and well pumphouse improvements.
ADOPTED BY THE CITY COUNCn.. OF HASTINGS, MINNESOTA, THIS 19TH DAY
OF OCTOBER, 1998.
Ayes:
Nays:
ATTEST:
Michael D, Werner, Mayor
Joyce Hottinger, City Clerk
(SEAL)
PREVIOUS MEMO
To: Honorable Mayor and City Council Members
From: Tom Montgomery
Subject: Water System Improvements
Authorize Advertisement For Bid - Water System Improvements & Water Control
System
Date: September 11, 1998
In January of this year, the Council authorized a number of water system improvements
to be constructed as an alternative to drilling a new well. The water system improvements
included:
· Redevelopment of Wells #3 & #4 to increase pumping capacity
· Electrical Improvements at Pumphouses #3 & #4 to accommodate the larger
motors required with the additional pumping capacity
· Mechanical piping improvements at Pumphouses #3 & #4 to accommodate the
increased pumping volumes
· Installing booster pumps at Pumphouse #5 to pump from the low water system to
the high water system, allowing utilization of excess capacity on the low system
· Remodeling Pumphouses #3, #4 and #5 to create chemical rooms with proper
ventilation; replace roofmg, windows, and doors; and to bring the pumphouses up
to current code requirements
· Replacing the water control system
Earlier this spring, contracts were let and work was completed on redeveloping Wells #3
& #4 as well as the electrical improvements needed to put these wells back into operation,
Council is requested to authorize advertisement for bids for two more construction contracts that
would complete the water system improvements.
I. PuMPHOUSE IMPROVEMENTS & BOOSTER STATION CONSTRUCTION
The fIrst construction contract would involve completing the remaining improvements
recommended above, The following is a listing of the proposed water system imI>rovements at
each pumphouse. Improvements at Pumphouse #6 and some electrical switching at Pumphouse
#7 are also proposed which were not included in the original request to the Council in January of
this year.
Pumphouse #3 (State & 6th Streets)
Remodeling will include creation of fluoride and chlorine chemical rooms within the
existing structure, adding ventilation systems, replacing the existing heaters, updating the
electrical and lighting systems, adding a manual transfer switch and emergency generator
receptacle, insulation, exterior maintenance free fascia and soffits, replacing existing doors
and windows, and sidewalk and driveway repair. The total estimated cost of these
improvements is $70,000. Pumphouse #3 was built in 1957.
Pumphouse #4 (23M St. btwn Westview & Pleasant Dr.)
A 240 square foot addition would be added to the existing pumphouse for a new
chemical room with proper ventilation, The well's discharge piping will be increased in size
to accommodate the increase pumping capacity. This work will include installing a new 10
inch diameter water main out to the street. The existing pumphouse would be remodeled,
updating the electrical and lighting systems, and adding a manual transfer switch and
emergency generator receptacle. The exterior of the pumphouse would be insulated and
covered with new stucco, a hip roof would be constructed over the building, and a new
driveway installed. Existing windows and doors would be replaced. The total estimated cost
of these improvements is $68,000. Pumphouse #4 was built in 1961.
Pumphouse #5 & Booster Station (Hi~hway 55 near the Ground Stora~e Tank)
A 600 square foot addition would be added to Pumphouse #5 for a booster pump
station that will pump water from the low water system to the high water system. The
addition will also include a new chemical room with proper ventilation. Two booster pumps,
including motors, discharge piping, valves, meters, motor control center and adjustable speed
drives will be installed in the new addition, The existing pumphouse would be remodeled,
updating the electrical and lighting systems, and providing a new electrical service entrance
for underground electrical service. A new premium efficiency motor would be installed to
replace the existing motor for Well #5. The exterior of the pumphouse and addition would be
insulated and covered by stucco. A new hip roof would be constructed, and a new driveway
would be installed. Existing windows and doors would be replaced, The existing concrete
vault adjacent to the North Frontage Road sidewalk would be removed. The total estimated
cost of booster station and pumphouse improvements is $327,000, Pumphouse #5 was built
in 1970.
Pumphouse #6 (Industrial Park)
The existing motor and pump would be modified to add a right angle combination
drive connected to a new diesel engine to provide an alternate power source for the well, All
of the City's wells are run by electric motors. Only Well #5 has an alternate power source,
In the event of a City wide power outage, only Well #5 would be able to supply water to the
City. When Pumphouse #6 was built in 1975, it was sized to accommodate a diesel engine as
an alternate power source. However, the right angle drive and engine were never installed.
Other proposed Pumphouse #6 improvements include updating the electrical and lighting
systems, replacing the well motor with a new premium efficiency motor and variable speed
drive, installing pumphouse and chemical room ventilation systems, and replacing the
pumphouse heating system, Exterior improvements would include insulation covered by new
stucco and a hip roof. The estimated cost for these improvements is $158,000.
Pumphouse #7 (9th & Ashland)
A manual transfer switch and emergency generator receptacle is proposed to be added
to Pumphouse #7 at an estimated cost of $15,000, The Water Department's 1999 budget
request includes the purchase of a large portable generator that would be used to power the
storm water pumps at the Southwest Ponding Basin during a power outage. This generator
could also be used to power a well motor. Similar transfer switches and emergency generator
receptacles are included in the proposed Pumphouse #3 and #4 improvements,
Summary of Pumphouse & Booster Station Improvements
Pumphouse #3 $70,000
Pumphouse #4 $68,000
TOTAL
$327.000
$158.000
$15,000
$638,000
Pumphouse #5 & Booster Station
Pumphouse #6
Pumphouse #7
Note: No improvements have been proposed for Pumphouse #1. The well and
pumphouse will be evaluated this winter to determine feasibility of making improvements or
abandoning the well.
II. WATER CONTROL SYSTEM
The second construction contract involves the replacement of the water system
controls. About ten years ago, control manufacturers switched away from mechanical
controls (dials, switches and charts) to computer controlled systems using progranlmable
logic circuits (PLC), This type of control system is now in place at the hydropower plant and
has improved the operating efficiency of the plant. Replacing the existing mechanical control
system with a computer controlled Supervisory Control and Data Acquisition (SCADA)
system and radio telemetry was part of the water system improvements presented to the
Council in January, The SCADA system will allow for more efficient use of the existing
wells, reducing energy usage and demand charges, reacting more quickly to high usage
demands and maximizing the storage potential of the new water tanks,
Staff is proposing to bid as an alternate, adding the lift stations to the SCADA control
system, and integrating the hydropower control system into the SCADA system, The
following is a summary of estimated SCADA control system costs:
Water System Controls $156,000
Alt #1 - Lift Station Controls $45,000
Alt #2 - Integrate Hydro Controls $10,000
TOTAL
$211,000
COUNCIL ACTION REQUESTED
Council is requested to authorize advertising for bids for the pumphouse
improvements and the SCADA control system. Bids would be scheduled to be opened on
Thursday, October 15 and brought before the Council for award at the October 19 meeting.
VII.Z & VIlIG.1
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council members
Lori A. Webster, Finance Director ~
Augustana Home of Hastings Tax Exempt Bond Sale Publi<: Hearing
October 14, 1998
At the September 21, 1998 City council meeting, council called for a public hearing to receive
comments regarding the pending sale of tax exempt bonds for the Augl.lstana Home of Hastings,
As you may recall, Augustana wishes to refinance existing debt, including the debt incurred in
purchasing the property and also to use some of the funds for remodeling the property, Attached
you will find the following documents:
I) Resolution Authorizing the Issuance and Sale of Revenue Bonds for Health Care
Facilities Project, at the request of Augustana Home of Hastings
2) Application form and attachments to the Minnesota Department of Trade and
Economic Development
Other draft documents related to this issuance that staff has received include; I) Bond Plurchase
Agreement, 2) Continuing Disclosure Agreement, 3) Loan Agreement, 4) Trust Indenture,
5) Combination Mortgage, and 6) Assignment of Mortgage, These documents have also been
distributed to Shawn Moynihan, City Attorney and Mary Dyrseth, Bond Counsel.
The Resolution is the document that City Council is being asked to approve at the October 19,
1998 council meeting, after the public hearing,
The Resolution, application, and related attachments have all been review by the City's bond
counsel, Mary Dyrseth of Briggs and Morgan. Shawn Moynihan has r~:viewed the non-bond
related items for compliance with City Charter and Ordinances,
If you should have any questions regarding this information, please feel free to contact me,
Council Action Requested
Provided no comment is received at the public hearing, the action requested of the City Council is
to approve the enclosed Resolution,
Extract of Minutes of Meeting of the
City Council of the City of Hastings, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Hastings, Minnesota was duly held at the City Hall, on Monday, the 19th
day of October, 1998, at!!... o'clock P.M.
The following Council members were present:
and the following were absent:
* * *
* * *
* * *
The Mayor announced that this was the time and place for a public hearing
on a proposal for the undertaking and financing of a health care facilities project and the
issuance of revenue bonds by the City therefor on behalf of Augustana Home of Hastings,
a Minnesota nonprofit corporation. The following persons appeared:
After all persons present had an opportunity to express their views, the
hearing was closed.
* * *
* * *
* * *
Council member
then introduced the following written
resolution, the reading in full thereof having been dispensed with by unanimous consent,
and moved the adoption thereof:
PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS
PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO
469.1651, TO PROVIDE FUNDS FOR HEALTH CARE FACILITIES
PROJECT, AT THE REQUEST OF AUGUSTANA HOME OF
HASTINGS
The motion for adoption of the foregoing resolution was duly second by
Council Member
, and upon vote being taken thereon the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
11
PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS
PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO
469.1651, TO PROVIDE FUNDS FOR HEALTH CARE FACILITIES
PROJECT, AT THE REQUEST OF AUGUSTANA HOME OF
HASTINGS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS:
1, Authority, The City of Hastings (the "City") is by the laws of the State
of Minnesota, including Minnesota Statutes, Sections 469.152 to 469.1651, as amended (the
"Municipal Industrial Development Act" or the "Act"), authorized to issue and sell its revenue
bonds for the purpose of financing and refinancing costs of authorized projects and to enter into
contracts necessary or convenient in the exercise of the powers granted by the Act.
2, The Proiect and the Bonds. Augustana Home of Hastings, a Minnesota
nonprofit corporation ( the "Borrower"), has proposed to this Council that the City undertake,
at the request of the Borrower, a project, pursuant to the Act, consisting ofthe refinancing of
existing indebtedness incurred by the Borrower in connection with the acquisition by the
Borrower of an existing 107-bed nursing facility located at 930 West 16th Street in the City,
together with the acquisition and construction of improvements, including furnishings and
equipment, to the facility (all collectively referred to as the "Project") and that the City issue
and sell its revenue bonds, in substantially the form set forth in the hereinafter-mentioned
Indenture (as described more fully below, the "Bonds") and loan the proceeds thereof to the
Borrower to provide financing for the Project.
3. Public Hearing. As required by the Act, this Council conducted a
public hearing on Monday, October 19, 1998, on the proposal of the Borrower to undertake
the Project and issue the Bonds therefor, after publication in the official newspaper and a
newspaper of general circulation in the City of a notice setting forth the time and place of
hearing; stating the general nature of the Project and an estimate of the principal amount of
bonds or other obligations to be issued to finance the Project; and stating that a draft copy of
the proposed Application to the Minnesota Department of Trade and Economic Development
(the ''''Department''), together with all attachments and exhibits thereto, was available for
public inspection at the offices of the City, at all times between the hours of8:00 A.M. to
4:30 P.M, each day except Saturdays, Sundays and legal holidays to and including the day of
hearing; and stating that all parties who appear at the public hearing shall have an
opportunity to express their views with respect to the proposaL
4, Documents Presented. Forms of the following documents relating to the
Bonds have been submitted to the City and are now on file in the offices of the City Clerk:
a. Loan Agreement (the "Loan Agreement") dated as of November 1,1998,
between the City and the Borrower, whereby the City agrees to make a loan to the
Borrower (the "Loan") of the gross proceeds of sale of the Bonds and the Borrower
agrees to complete the Project, and to payor cause to be paid amounts sufficient to
provide for payment in full of the Bonds; and
b. Trust Indenture (the "Indenture") dated as of November 1, 1998, between
the City and a bank or trust company to be named therein, as trustee (the "Trustee"),
setting forth the terms and provisions of the Bonds and setting forth proposed recitals,
covenants and agreements relating thereto; and
c. Combination Mortgage, Security Agreement and Fixture Financing
Statement and Assignment of Leases and Rents (the "Mortgage") dated as of
November 1, 1998, from the Borrower to the City, granting a mortgage lien on and
security interest in the Project Facilities, as further described and mortgaged
thereunder, in order to provide security for the repayment of the Bonds; and
d. Assignment of Mortgage (the" Assignment") dated as of November 1,
1998, from the City to the Trustee, by which the City assigns to the Trustee its
interest in the rights granted by the Borrower under the Mortgage, and all with
respect to the property mortgaged under the Mortgage; and
e. Continuing Disclosure Agreement (the "Disclosure Agreement")
dated as of November 1, 1998, between the Borrower and the Trustee, providing
that the Borrower make certain ongoing disclosures with respect to the Bonds, as
more fully set forth therein (this document not to be executed by the City); and
f. Bond Purchase Agreement (the "Bond Purchase Agreement"), by and
between Miller, Johnson & Kuehn Incorporated (the "Original Purchaser"), the
Borrower, and the City, providing for the purchase of the Bonds from the City by
the Original Purchaser and setting the terms and conditions of purchase; and
g. Preliminary Official Statement and form of final Official Statement,
the form of the Preliminary Official Statement intended to constitute the form of the
final Official Statement, together with the insertion of such underwriting details as
the interest rates to be borne by the Bonds and related matters, and including the
Appendices thereto, in each case describing the offering of the Bonds, 'and certain
terms and provisions of the foregoing documents.
5. Findings, It is hereby found, determined and declared that:
a. The issuance of the Bonds is duly authorized by the Act.
b. There is no litigation pending or, to the best of its knowledge, threatened
against the City relating to the Project or to the Bonds, the Loan Agreement, the
Indenture, the Mortgage, the Assignment or the Bond Purchase Agreement or
2
questioning the organization, powers or authority of the City to issue the Bonds or
execute such agreements.
c. The execution, delivery and performance of the City's obligations under
the Bonds, the Indenture, the Loan Agreement, the Assignment and the Bond Purchase
Agreement do not and will not violate any order of any court or any agency of
govemmentofwhich the City is aware or in any proceeding to which the City is a party,
or any indenture, agreement or other instrument to which the City is a party or by which
it or any of its property is bound, or be in conflict with, result in a breach of, or
constitute (with due notice or lapse oftime or both) a default under any such indenture,
agreement or other instrument.
d. The Bonds are to be issued by the City upon the terms set forth in the
Indenture, under the provisions of which the City's interests in the Loan Agreement will
be pledged to the Trustee as security for the payment of principal of, premium, if any,
and interest on the Bonds (except for certain rights to indemnity, repayment of advances
and payment of fees and expenses).
e. The Loan Agreement provides for payments to be made by the Borrower
to the Trustee of such amounts as will be sufficient to pay the principal of, premium, if
any, and interest on the Bonds. The Loan Agreement obligates the Borrower to provide
for the payment of all operating and maintenance expenses of the Project, including
adequate insurance, taxes and special assessments.
f. Under the provisions of the Act, and as provided in the Loan Agreement
and Indenture, the Bonds are not and shall not be payable from nor charged upon any
funds of the City other than amounts payable pursuant to the Loan Agreement, and
moneys in the funds and accounts held by the Trustee under the Indenture which are
pledged to the payment thereof; no owners of the Bonds shall ever have the right to
compel the exercise of the taxing power of the City to pay any of the Bonds or the
interest thereon, nor to enforce payment thereof against any property of the City; the
Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any
property of the City; and each Bond issued under the Indenture shall recite that such
Bond, including interest thereon, shall not constitute or give rise to a ch~ge against the
general credit or taxing powers of the City.
g. It is hereby found, determined and declared that the Project furthers the
purposes set forth in the Act in that the purpose of the Project is and the effect thereof
will be to promote the public welfare by the enhancement of the provision of health care
services and facilities in the community,
6. In accordance with the requirements of the Act, officers of the City are
hereby authorized and directed to submit the proposal for the Project to the Department of
Trade and Economic Development to request its approval thereof, and City officers,
3
employees, and agents are hereby authorized to provide the Department with such
preliminary information as it may require.
7. Approval and Execution of Documents. The: forms of Loan Agreement,
Indenture, Bond Purchase Agreement, Mortgage and Assignment referred to in paragraph 2, are
approved. The Loan Agreement, Indenture, Bond Purchase Agreement, Mortgage and
Assignment are hereby authorized for execution in the name and on behalf of the City by one or
more officers ofthe City at such time, if any, as they may deem appropriate, in substantially the
form on file, but with all such changes therein, as may be approved by the officers executing
the same, which approval shall be conclusively evidenced by the execution thereof, and then
shall be delivered to the Trustee,
8. Approval. Execution and Delivery of Bonds, The City shall proceed
forthwith to issue the Bonds, subject only to obtaining approval of the Project from the
Department of Trade and Economic Development, the Bonds to be in the form and bearing
the terms set forth in the Indenture, which terms are for this purpose incorporated in this
Resolution and made a part hereof; provided, however, that the maturities of the Bonds, the
interest rates thereon, and the rights of optional or mandatory redemption with respect thereto
shall all be as set forth in the final form of Indenture to be approved, executed and delivered
by the officers of the City authorized to do so by the provisions of this Resolution, which
approval shall be conclusively evidenced by such execution and delivery; and provided
further that, in no event, shall such maturities exceed 30 years or shall the net interest cost for
the Bonds exceed 7,00% per annum, The Original Purchaser has agreed pursuant to the
provisions of the Bond Purchase Agreement, and subject to the conditions therein set forth, to
purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and said
purchase price is hereby found to be favorable and is hereby accepted. The officers of the
City are authorized and directed to prepare and execute the Bonds as prescribed in the
Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution
and the other documents required by Section 2.08 of the Indenture, for authentication,
registration and delivery to the Original Purchaser. As provided in the Indenture, each Bond
shall contain a recital that it is issued pursuant to the Act, and such recital, to the extent
provided or permitted by law, shall be conclusive evidence of the validity and regularity of
the issuance thereof.
9, Official Statement. The City hereby consents to the circulation by the
Original Purchaser of the Official Statement in offering the Bonds for sale; provided,
however, that the City makes no representations or warranties as to the sufficiency,
accuracy or completeness of the Official Statement.
10. Certificates. etc. Officers of the City are authorized to prepare and
furnish to Bond Counsel and the purchasers of the Bonds certified copies of all proceedings and
records of the City relating to the Bonds, and such other affidavits and Certificates as may be
required to show the fact appearing from the books and records in the officers' custody and
control or as otherwise known to them; and all such certified copies, certificates and affidavits,
4
including any heretofore furnished, shall constitute representations of the City as to the truth of
all statements contained therein.
11. Nature of Citv's Obligations. All covenants, stipulations, obligations,
representations, and agreements of the City contained in this Resolution or contained in the
aforementioned documents shall be deemed to be the covenants, stipulations, obligations,
representations, and agreements of the City to the full extent authorized or permitted by law,
and all such covenants, stipulations, obligations, representations, and agreements shall be
binding upon the City. Except as otherwise provided in this Resolution, all rights, powers,
and privileges conferred, and duties and liabilities imposed upon the City by the provisions
of this Resolution or of the aforementioned documents shall be exercised or performed by
such officers as may be authorized by law to exercise such powers and to perform such
duties, No covenant, stipulation, obligation, representation, or agreement herein contained or
contained in the documents referred to above shall be deemed to be a covenant, stipulation,
obligation, representation, or agreement of any council member, officer, agent, or employee
of the City in that person's individual capacity, and neither the City Council nor any officer
or employee executing the Bonds or such documents shall be liable personally on the Bonds
or be subject to any representation, personal liability or accountability by reason of the
issuance thereof. No provision, representation, covenant or agreement contained in the
Bonds or in any other document related to the Bonds, and no obligation therein or herein
imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral
obligation, or indebtedness or pecuniary liability of the City or any charge upon its general
credit or taxing powers. In making the agreements, provisions, covenants and representations
set forth in the Bonds or in any other document related to the Bonds, the City has not
obligated itselfto payor remit any funds or revenues, other than the Trust Estate described in
the Indenture.
12. Authorized Officers, The Bonds and the documents referred to herein
are authorized to be executed on behalf of the City by any of its Mayor, City Clerk or City
Administrator; provided that in the event any of the officers of the City authorized to execute
documents on behalf of the City under this Resolution shall have resigned or shall for any
reason be unable to do so, any member of the City Council of the City, or any officer or
employee of the City, is hereby directed and authorized to do so on behalf of the City, with
the same effect as if executed by any officer specifically authorized to do so in the Indenture
or this Resolution. '
Adopted: October 19, 1998
Ml:418174.01
5
STATE OF MINNESOTA)
) ss,
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Hastings, a Minnesota municipal corporation (the "City"), do hereby certify that attached
hereto is a compared, true and correct copy of a resolution giving final approval to the
issuance of revenue bonds by the City, at the request of Augustana Home of Hastings, a
Minnesota nonprofit corporation, duly adopted by the City Council of the City on October
19, 1998, at a regular meeting thereof duly called and held, as on 1:ile and of record in my
office, which resolution has not been amended, modified or rescinded since the date thereof
and which resolution is in full force and effect as of the date hereof, and that the attached
Extract of Minutes as to the adoption of the resolution is a true and accurate account of the
proceedings taken in passage thereof.
WITNESS my hand and seal of the City this _ day of
,1998,
City
(Seal)
M1:418174.01
6
Revised June 1995 A
STATE OF MINNESOTA
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
DIVISION OF COMMUNITY DEVELOPMENT
APPLICATION FOR APPROVAL OF INDUSTRIAL DEVELOPMENT BOND
PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469,152 THROUGH 165
(please submit this form in duplicate - all supporting data in single copy only)
Date: ....Qc,to,b,erJ9.,J<.l<.lL....
The governing body of J:la_~tillgL........,............, County of ....p.~,~<?~,..., Minnesota, hereby applies to
the Minnesota Department of Trade and Economic Development (Department) for approval of a proposed
Industrial Development Bond issue as required by Minn, Stat. 469,152-,165,
Address of issuer ......."~it}'.B~I!,,,191.,~~~~.1th,~Hr:l;~t..,... __..'" "',...."................",............,.." _...............,.
"".",. -"'"...".,."""""", I:Ia,~!illg~>, MN.,.:;:; Q ~ ~""',..,""""',..,""',.,"""""""""",.,",..,"""',.,""",.".,"""',.,',.
Attn: ""fi[la,n.cl:,P.iX~.<;~!?r,' '" "" ",.,'".."",.." "" "'" Telephone: , {65,! 2 ,4}.1 ~,4J ,2,7",. .."" """ ..."", "" ",""" "
We have entered into preliminary discussions with:
Firm: ,.."A!-!g!-!:?~lI~,tJ:<?~l:,9.f.I:I~.~!i[lg~",',.."....,'
Address: .,,!Q.ln~tJ,4~,~~,~~!';t..,',.....,',..,_"" ""
Attorney: ,,~h~[l~!~x,~.n<:l,M~9.!1.>.,q~"h...., ",,'...... ,,'.
Address: 336 North Robert Street
---..---.....--------.-...------------.-------.-----------.---...-
City: ".M!!I!1~,~P.!?!i~u State;..MN.... Zip ,:;:;194..., City: ..~U~ll,uL State uMN.. Zip..?:;WL......,....
Name of Project: "...!\,l,lKl,l~t!l,I1,~,I:I9.~~,gf.B~.ti,I1KL" """..,."",.."" ", ....,',..,....,..""""",.."" ""..,....", ...,..u
This firm is engaged primarily in (nature of business): ...Q_Y!TI~X~,hjp_~~_9P.~,~~jg,Q..!?fJQl:,~~~.........,....,...,
!I!-!r~~!1K f~,cm~,J!?~*,<.i,~!,<.l~.Q..W~~,t,H?~,~~[~~t.I:I~,s!il!g~"Mi.Q.,Q._~~g_tl!-.....,..,',.."......,.., ,..,'"."'..",..."",, ,.., "".
------.-.-----------------.-------------------------------------..--------.-.-------.-----------..-------...-.-------------...-------------..----------------....-.
The proceeds from the sale of the Industrial Development Bonds will be used to
(describe the project): ,R.l:t!I!ll,I1,<;!';, ~,~.i,~~jl!g,jl!~~,~t,egl!l::?~ ,~I1,<;!-J.!I~_<.i, ~!?, ~~ql,l.~~~ ~h"l;, ~~~:?~j!]g"....""............",.. u
!I !-!r~jI1Kf~,<;jJj~, ~!IQ p.~9.y'~QeJ9X j~p.r!?'v'~,I.I1,~!]~~ ,t9JJ).,~ Ja<:ilib', j!!~J,l,l,<.i.i.I1K ~~,q u.i,~iti!?!], Q[ ~ql,l,ip.I.l1,~!]t, """"'..on
!l:!1,<.i,J~~i~,l)..i,Q.g~"" ...."""""" ".. .,.,'.. .,""....""""""""""..", """ .." ,...., ,..",..""" ""',."'....".."""",, "..,.. """"
Address of Project: , "..2~Q,We~~J,6,~\:1"$,t~~~t",,, ", ,'," ","" "'" .,."",..,.', ..., ,,"" """,. ,.."""..""'..",, "..., """",.
""""..",,'.... ",...""." ",H~~,tiI1K~l, M1'{.,?, ?,Q}3" ,'.. ",..,.",'., ""'" '" .".., ""." ",'.."""" "...""", ,.",'.", ""', '" """ ",.
Proceeds from the sale of the bonds of approximately $5,QQQ,QQ(j, will be applied toward payment of
costs* now estimated as follows:
Acquisition of land:
Rehabilitation and Renovation
Demolition and site preparation:
Acquisition and Installation of Equipment:
Fees: Architectural, engineering, inspection,
fiscal, legal, administration, or printing:
Construction Interest:
Initial Bond Reserve (including Repair & Replacement Reserve):
Contingencies:
Other: Refinancing of existing indebtedness
$ ,...........,.....<L,
..,.. ......2,5.1 ,QQQ, ,..
. 0
.--.-.-..---___.__._.._____._u.____.
....,...,....nQQQ..,....,...,
",....,1.3 Q,QQQ,....", ,...
o
.-----.-----.-------.-..-----------
.... ..u..3.5.~,QQQ....", u u,
. ..4>,I,~,Q,QQQ,..",.
It is presently estimated that construction will begin 011. or about..Q~gfmk~fL!JJ,Lu' and will be
complete on or about"....Ap,rilJ,.J9,9,9".." When completed, there will be approximately..."........,Q
000__ new jobs created by the project at an annual payroll of approximately $....____..0,.000"..., based upon
currently prevai ling wages. (If appl icable) There are uuun,u.. existing jobs provided by business.
(If applicable) There will be ......Qu..jobs created by construction of the project
Number of hours 0 Average wage level$".....NlA....,...
Repayment of the proposed issue will be amortized over a period of .__".,3,0,..,.. years,
The following exhibits are furnished with this application and are incorporated herein by reference:
L An opinion of bond counsel that the proposal constitutes a project under Minn, Stat 469.153,
subd, 2,
2, A copy of the resolution by the governing body of the issuer giving preliminary approval for the
issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat
469.153, subd, 2(g) or (j) would not be undertaken but for the availability of Industrial
Development Bond financing.
3, A comprehensive statement by the municipality indicating how the project satisfies the public or
purpose and policies of Minn, Stat. 469,152-. I 65,
4. A letter of intent to purchase the bond issue or a letter confirming the feasibility of the project
from a financial standpoint
5. A statement signed by the principal representative of the issuing authority to the effect that upon
entering into the revenue agreement, the information required by Minn, Stat. 469,154, subd, 5
will be submitted to the Department (not applicable to project under Minn. Stat. 469.153, subd.
2(g) or (j).
6, A statement signed by the principal representative of the issuing authority that the project does
not include any property to be sold or affixed to or consumed in the production of property for
sale, and does not include any housing facility to be rented or used as a permanent residence.
7, A statement signed by a representative of the issuing authority that a public hearing was
conduced pursuant to Minn, Stat. 469.154, subd, 4, The statement shall include the date, time and
place of the meeting and certify that a draft copy of this application with all attachments was
available for public inspection and that all interested parties Wt:re afforded an opportunity to
express their views,
8, Copies of notice(s) as published which indicate the date(s) of publication and the newspaper(s) in
which the notice(s) were published,
9, Provide a plan for compliance of employment preference of economically disadvantaged or
unemployed individuals, (See Minn, Stat 469,154, subd, 7,)
-2-
We, the undersigned, are duly elected representatives ofmu...mH~il!gs....mm..mmmuh'muh,.",uuhmh""
Minnesota and solicit your approval of this project at your earliest convenience so that we may carry it to
a final conclusion,
Signed by:
(Principal Officers or Representatives of Issuing Authority; type or print official's name
on the line to the left of the signature line. Thank you.)
Michael Werner
.........----...---------....-------.-------...-----...-----
Mayor
----.....----------------....-------.....--- ..-----......----..------...----..
Signature
".,"p,~.\:j~,M"Q~9.erR"""',u,,..,"",u.,',..,..u,'".,
Title: City Administrator
.........---.--....---------.....--.-----......-----..------------------.-.....
Signature
This approval shall not be deemed to be an approval by the Department or the State of the feasibility of
the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor.
----...---------...--------.-----------------------._.____.______no....___
Authorized Signature, Minnesota Department of
Trade and Economic Development
Date of Approval
Please return to:
Minnesota Department of Trade and
Economic Development
Office of Business Finance
Atln: Paul Moe
500 Metro Square Building
121 Seventh Place East
St. Paul, Minnesota 55101-2146
MI:41814LOI
-3-
FAEGRE & BENSON LLP
2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET
MiNNEAPOLIS, MINNESOTA 55402,3901
TELEPHONE 612-336-3000
FACSIMILE 612-336-3026
October 19, 1998
City of Hastings
City Hall
101 East Fourth Street
Hastings, MN 55033
Re: Proposed City of Hastings, Minnesota, Health Care Facilities Revenue
Bonds (Augustana Home of Hastings Project), Series 1998
Ladies and Gentlemen:
We have examined the Application for Approval of the above described project
submitted by the City of Hastings, Minnesota under the Minnesota Municipal Industrial
Development Act, including the Resolution giving approval to the Project, adopted by the
City Council, attached thereto. It is our opinion that the proposed project described in the
Application constitutes a "project" within the meaning of Section 469,153 Subd. 2, of the
Act, as amended from time to time, and that, when finally and duly authorized and issued, the
bonds will be valid and binding obligations under the Act.
Very truly yours,
MI:418133.01
Minneapolis Denver Des Moines London FrankFurt
PLAN FOR EMPLOYMENT PREFERENCE OF ECONOMICALLY
DISADVANTAGED OR UNEMPLOYED INDIVIDUALS
Pursuant to Minnesota Statutes Section 469.154, Subd. 7 Session Laws 1983,
Chapter 389, Section 113, Subd. II, Augustana Home of Hastings (the "Borrower") shall
make every effort to comply with the requirements of said Statute for the purpose of
providing employment to those individuals who are unemployed or who are economically
disadvantaged and who otherwise qualify for employment with the Borrower.
It is the intent of the Borrower to target employment opportunities to qualified
individuals who are unemployed or economically disadvantaged,
It further is the intent of the Borrower to provide such reports as may be
required by Statute to the Commissioner of Trade and Economic Development.
MI:418138.01
MILLER, JOHNSON & KUEHN, INCORPORATED
INVESTMENT SECURITIES
September 22, 1998
City of Hastings
101 East Fourth Street
Hastings, MN 55033
Re: $5,000,000 City of Hastings, Minnesota
Health Care Facilities Revenue Bonds
Augustana Home of Hastings Project
Series 1998
To Whom It May Concern:
At the request of Augustana Home of Hastings we have conducted a study of the
preliminary economic feasibility of the proposal that revenue bonds be issued under the
provisions of the Minnesota Municipal Industrial Development Act to provide funds for
the Project.
It is opinion that on the basis of current financial conditions; the Project is economically
feasible and the revenue bonds can be successfully issued and sold,
5500 Wayzata Boulevard
8th Floor-Suite 800
Minneapolis, MI\ 55416
'swc
-----..---
(612) 54]-t'()00
(SOO) 537,7829
Scottsdale, AZ
La Jolla, CA
Clearwater, FL
Saint Paul MN
J-I".,C"tr...... 'rv_
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127' Fax: 651-437-7082
October 14, 1998
Minnesota Department of Trade and
Economic Development
Office of Business Finance
500 Metro Square Building
121 Seventh Place East
St. Paul, MN 55101
Attention: Paul Moe
RE: Proposed City of Hastings, Minnesota, Health Care Facilities Revenue Bonds
(Augustana Home of Hastings Project), Series 1998
Dear Sir or Madam:
Augustana Home of Hastings, a Minnesota nonprofit corporation (the "Borrower") has
requested the issuance by the City of Hastings (the "City") of the above-referenced revenue
bonds (the "Bonds") in an aggregate principal amount of up to approximately $5,000,000. The
proceeds of the Bonds would be loaned to the Borrower to refinance existing indebtedness
incurred in connection with the acquisition by the Borrower of the existing 107-bed nursing
facility located at 1007 East 14th Street in the City, together with the acquisition and
construction of improvements to the existing facility (all collectively referred to as the "Project"),
including funding of necessary reserves and financed issuance expenses, Enclosed please find
the Application of the City for approval of the Project, in duplicate, including a draft of the
Preliminary Resolution adopted by the City Council.
Based on the representations of the Borrower, the City believes that the Project will be in
the public interest and serve a valid purpose under the laws of the State of Minnesota, including
the Municipal Industrial Development Act, Minnesota Statutes. Section 469.152 to 469,1652, as
amended (the "Act"), primarily because the Project is expected to enhance the provision of health
care services and health care facilities in the community.
I further certify, in order to provide the information required to be supplied to the
Minnesota Department of Trade and Economic Development as Exhibits 5, 6, and 7 to the
Application to the Department for approval of the Project, as follows:
~
Hastings on the Mississippi
Minnesota Department of Trade and
Economic Development
October 14, 1998
Page 2
(1) Upon entering into the revenue agreement for the Project between the City
and Augustana, all information required by Section 469.154, Subd. 5, of the Act will be
submitted to the Department.
(2) The Project does not include any property to be sold or affixed to or
consumed in the production of property for sale, and does not include any housing
facility to be rented or used as a permanent residence.
(3) Pursuant to Section 469.154, Subd, 4, of the Act, a public hearing was
conducted with respect to the Project at City Hall, located at 101 East Fourth Street,
Hastings, Minnesota on Monday, October 19, at 7:00 o'clock P.M., at which hearing all
interested parties were afforded an opportunity to express their views, and that, from and
after the publication of the notice of public hearing, which publication was made on
Thursday, September 24, a draft copy of the Application to the Department, with all
attachments, was available for public inspection at City Hall.
Mayor
City of Hastings
VIII-C-2
MEMO
Date:
Honorable Mayor and City council me~berSj
Lori A. Webster, Finance Director ~
Resolution regarding Issuance of Tax Exempt Revenue Bonds on behalf of
Augustana Home of Hastings
October 13, 1998
To:
From:
Subject:
As the City moves ahead with the planned issuance of the Tax Exempt Revenue Bonds on behalf
of Augustana Home of Hastings, staff has been working on a policy (resolution) for this issuance,
This resolution is for fees the City will charge for the issuance of these bonds and is identical to
the resolution approved in August for the Regina Medical Complex Tax Exempt Bonds,
As stated earlier, this resolution is to primarily address the conditions amd fees to be charged for
this tax exempt issuance, The finance committee discussed these items at an earlier meeting on
July 22, 1998 (pertaining to Regina at that time) and while no action was asked to be taken, there
seem to be a consensus of the overall content.
In the Resolution, the City will require a ,25% (of the amount financed) fee and amount equal to
the present value of the interest differential of the City's bonds - due to the non- bank
qualification from Augustana, Augustana will also be required to pay any costs for attorney
review (by the City Attorney and the City's bond Counsel- Briggs and Morgan) and also any
costs incurred from our Financial Advisors ( Springsted, Inc) for the calculations of the present
value of the interest differential, It is intended to use the ,25% fee to defray staff administrative
costs and other costs such as the public hearing notice published in our local paper.
The fees suggested in the attached resolution are identical to the fees charged to Regina - the
amounts will vary however due to the different bonding amounts,
Council Action Requested
Approve the attached Resolution Regarding the Issuance of Tax Exempt Revenue Bonds on
Behalf of Augustana Home of Hastings,
CITY OF HASTINGS
RESOLUTION #
RESOLUTION OF THE CITY OF HASTINGS REGARDING ISSUANCE OF TAX EXEMPT
REVENUE BONDS ON BEHALF OF AUGUST ANA HOME OF HASTINGS HEALTH
CARE FACILITIES
WHEREAS, the Augustana Home of Hastings, a Minnesota nonprofit corporation
("Augustana") has advised this Council of its desire to refinance a certain portion of
WHEREAS, the City is authorized by Minnesota Statutes, Sections 469,152 through
469,165, (the Act) to issue revenue bonds to refinance debt, and to finance capital projects
consisting of properties used and useful in connection with a revenue-producing enterprise,
whether or not operated for profit, engaged in providing health care services, including hospitals,
nursing homes and related medical facilities, Augustana has requested the City to issue its
revenue bonds (the "Bonds") to refinance existing debt and to finance all or a portion of the
Project.
WHEREAS, Augustana has submitted a financing plan for the use of the bond funds to
the City,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hastings,
Minnesota (the City) that the City is willing to issue revenue bonds on behalf of Augustana for the
purposes identified above, subject to the following conditions,
(1) The City reserves the right to employ legal, accounting, appraisal, financial,
engineering, architectural, and other consultants to review the proposed project and its financing,
The cost of such consultants, together with the City's administrative expenses, shall be paid by
Augustana, whether or not the City agrees to finance the project and whether or not the project is
constructed,
(2) Augustana, the purchaser of the notes, and, the underwriters, shall hold harmless the
City, its officers, employees, consultants and agents for any alleged or actual violation of any state
and federal securities laws, in connection with the issuance of bonds or notes for the project, The
City may require a bond or appropriate insurance to assure this "hold harmless" provision,
(3) In consideration ofthe City's making such tax exempt financing available and to assist
the City further in defraying its present and future administrative expenses associated with this
issuance, Augustana shall, subject to applicable federal arbitrage regulations, pay to the City the
sum of .25% of the amount financed, which shall be used by the City for any other expenses in
connection with the project, or for any other City purpose, To the extent permitted by law, the
City will allow Augustana to use this cost as a project cost for financing purposes,
(4) Since this issue will contribute to cause the City's 1998 bond status to go from bank
qualified to non-qualified, the City will charge an additional fee equal to the present value ofthe
interest differential of the City's bonds, An independent calculation will be made for each
applicant by the City's Financial Advisor, Springsted, Inc, at Augustana's expense,
(5) Augustana understands the approval or disapproval by the City of Hastings for bond
financing does not expressly or implicitly constitute any approval, variance, or waiver of any
provision or requirement relating to any zoning, building, or other rule or ordinance of the City of
Hastings, or any other law applicable to the property included in this project which final approval
shall not be granted by the City Council until the project has received approval with respect to
zoning, site design, building design, and platting, as applicable,
Adopted by the City Council of the City of Hastings, Minnesota on this 19th day of
October, 1998.
Ayes:
Nayes:
ATTEST:
Joyce Hottinger, City Clerk
(SEAL)
Michael D. Werner, Mayor
VII - 1 &
VlIIC-J
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City council members 0 . ')
Lori A Webster, Finance Director .~
Public Hearing - Delinquent billings to be Assessed
October 14, 1998
A Public Hearing has been called for October 19, 1998 to receive comments regarding delinquent
utility bills and delinquent "dutch elm" billings that are to be assessed to the property owners
taxes,
As previously stated, letters have been mailed out and payment requested, A complete listing as of
today's writing is attached for the delinquent billings, There are two delinquent "dutch elm"
billings totaling $ 565.52 and at this time there are approximately 16 ddinquent utility accounts
totaling to $ 2,900. The City will continue to accept payment on these delinquent accounts until
November 30, 1998, After this date, the remaining amounts will be certified to Dakota County as
special assessments,
If you should have any questions regarding this information, please feel free to contact me,
Council Action Requested
Authorize accounts as listed to be certified to Dakota County as special assessments,
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127' Fax: 651-437-7082
October 13, 1998
DUTCH ELM CERTIFICATIONS
Harry Snyer
219 West 3rd Street
Patricia Seleski
806 W. 10th St.
19-32150-031-22
$325,89
19-11250-070-14
$239,63
-
Hastings on the Mississippi
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VIII-C-4
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City council members
Lori A. Webster, Finance Director ~ I~
Audit Services Contract ~
October 15,1998
City council authorized the request for proposals for audit service at the September 8, 1998
council meeting, Four proposals have been received and reviewed and two firms have been
selected for interviews,
Interviews with HLB Tautges, Redpath, Ltd, and Kern, DeWenter, Vi ere, Ltd were conducted
the week of October 12, 1998 by City Administrator Dave Osberg, Asst. Finance Director Tracy
Souder, and myself
Based upon the interviews conducted, the overall cost of the audits, the estimated hours, and the
average cost per hour, staff is recommending that the City of Hastings enter into a three year
contract with Kern, DeWenter, Viere, Ltd for audit services,
References from other cities have been contacted and all have given favorable responses, and
would recommend this audit firm,
If you should have any questions, please feel free to contact me,
Council Action Requested
Authorize the three year contract with Kern, DeWenter, Viere, Ltd for audit services,
CITY OF HASTINGS
FOR PROPOSALS FOR AUDIT SERVICES
Total City Audit
Fire Relief
Overall 3-year cost
$17,600
$1,700
$60,210
$16,500
$3,105
$61 ,215
Number of hours (City)
Subtotal cost per hour
316
$56
249
$65
Number current City Audits
53
24
I
.
FIRM BACKGROUND
I
Kern, DeWenter, Viere, Ltd., was founded in 1945 and has experienced steady growth over the
past 52 years, We presently employ a staff of approximately 70 professionals and para-
professionals with offices in Minneapolis and St. Cloud.
.
Our firm has always been guided by our goal to provide our clients with quality service. Our
definition of quality service includes the following:
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· Timely service which exceeds your expectations
· High quality financial advice which provides adequate information and
choices for you to make sound management decisions
· Partners and staff who are always willing to listen to your concerns,
questions and input
· Flexibility in responding to your changing needs
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We routinely send out client service questionnaires asking for feedback from our clients as to
how we are doing in meeting their needs and expectations. The types of responses we have
received from these questionnaires demonstrates to us our success in serving the total needs of
our clients,
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Our firm has been serving governmental organizations for the past 52 years. We are large
enough to give you the in-depth services you need, but small enough to provide you with
personalized service from our partners and staff This can be of benefit to the City of Hastings as
follows:
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1. We are a local firm which is easily accessible.
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2. Because of our experience serving governmental organizations we have
allocated our resources accordingly. The team we would assign to serve you
would have experience with both accounting and financial reporting issues
affecting your city,
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3. Your audit team is extremely familiar with GFOA Certificate of Achievement
requirements and also stays abreast of new accountin~l and reporting
requirements which may affect your CAFR.
4. Your audit team would consist of experienced governmental auditors. Your
staff would not need to "train" new auditors each year. Being a local firm,
our staff turnover is substantially less than that of larger firms,
Today we serve over 1200 commercial, industrial, financial, health care, governmental and non-
profit clients located for the most part within Minnesota, This group includes over 150
governmental organizations,
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OUALIFICATIONS OF OUR FIRM
In recent years, we have concentrated our efforts in providing accounting, auditing and
consultation services to Minnesota cities. To provide this service, we have kept our professional
staff who work in specialized areas, such as cities, current on accounting and legislative changes.
This is achieved by sending our staff members to annual seminars and workshops on city
accounting and reporting requirements, In addition, several members of our staff have
participated as speakers for seminars sponsored by the Minnesota Government Finance Officers
Association, Minnesota Association of School Business Officials, Minnesota Society of Certified
Public Accountants and Kern, DeWenter, Vi ere, Ltd.
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Our firm is a member ofthe American Institute of Certified Public Accountants and the
Minnesota Society of Certified Public Accountants, Individuals within the firm are actively
involved with the Governmental Accounting and Auditing Committee of the Minnesota Society
of Certified Public Accountants,
Our firm is a member of both the Private Companies and SEC Practice Sections ofthe AlCPA
Division for CPA Firms. This Division was founded in 1977 by the AlCPA to promote CPA
excellence and to provide a voluntary, objective means of monitoring adherence to professional
standards. Each member firm is required to periodically subject its audit and accounting practice
to a comprehensive quality review by specially trained outside CPA's. Our last such review was
in December of 1996, at which time we received a clean report on our practices and methods, A
copy of our peer review report is enclosed and included a review of governmental engagements.
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Five members of our partner group and staff are members of the special review committee of the
Government Finance Officers Association whose purpose is to review comprehensive annual
fmancial reports to determine eligibility for the Certificate of Achievement for Excellence in
Financial Reporting. Our firm is very familiar with the requirements necessary to obtain the
Certificate of Achievement.
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We recognize the City of Hastings requires more than a routine audit from its independent
auditors. The Kern, DeWenter, Viere audit approach is cost effective, designed specifically for
Minnesota cities and responds to your specific situation, expectations and requirements, But for
more than just audit services, we believe our extensive qualifications place us in a position to
offer you some unique benefits as follows: .
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· Our experienced governmental team will closely plan and coordinate our auditing
activities with the city personnel to assure that we meet agreed upon deadlines. The City
of Hastings will benefit from this approach by avoiding unnecessary disruptions and
eliminating duplication of work.
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· We are truly a governmental firm. Clients include cities, school districts, housing and
redevelopment authorities and numerous governmental joint powers agreements. These
governmental units account for such activities as electric utilities, hospitals and nursing
homes, water and sewer utilities, golf courses, economic development authorities,
numerous tax increment financing districts, and numerous federal grant programs.
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· We monitor the governmental industry and provide our clients timely information on
legislative matters, summaries of regulatory rulings, updates on required GASB
implementations which will affect your CAFR and operating advice. You will also
benefit from our experience in working with over 150 govenunental organizations.
· We will prepare management letters that address operational as well as internal control
matters, These letters will contain summaries of our findings and our recornmendations,
In addition, the management letter will include useful graphic representations to enhance
the presentation of accounting information. Our professionals have the experience and
training required to identify and analyze operational problems. As a result, the City of
Hastings will receive findings and recommendations that go far beyond normal internal
control matters.
Our firm has been providing auditing and consulting services to cities since the 1960's and
y!esently work with 53 cities~ The following is a summary of the number and types of
governmental entities to which we are presently providing service:
53 - Cities
42 - School Districts and Education Districts
1 5 - Housing and Redevelopment Authorities
16 - Special taxing districts, such as Metropolitan Transit Commissions,
Area Planning Organizations, Regional Library Systems, etc.
30 - Fire Relief Associations
In addition, we also audit numerous nonprofit entities which receive a significant amount of
federal grants and are required to have an audit under the requirements of the Single Audit Act of
1996, Also, the majority of entities listed above are required to have an audit performed in
accordance with government auditing standards and the Office of Management and Budget OMB
Circular A-133.
Our firm also performs numerous peer reviews of other accounting firms to determine their
compliance with generally accepting auditing standards, government auditing standards, and
reporting in accordance with generally accepted accounting principles.
The services we provide our governmental clients include but is not limited to:
. Audits
· Assisting with Budgeting
· Assisting in setting up and changing accounting systems, including computer
installations and conversions
· Assisting with negotiations with employee bargainin!J units
· Assisting cities conform to the requirements of the Government Finance
Officers Association to receive their Certificate of Achievement for
Excellence in Financial Reporting.
· Working with cities to assist with improving their bond ratings,
· Providing consultation to cities regarding privatization of services. This
included working with the City of Minneapolis in evaluating contracts with
private companies providing service to the City.
· Providing consultation on a wide variety of issues, including tax increment
districts and economic development authorities, '
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Several partners and staff of our firm are members ofthe following organizations:
· Minnesota Government Finance Officers Association and
Special Review Committee of the Government Finance Officers Association
· The Governmental Accounting and Auditing Committee of the Minnesota
Society of CPA's
· Minnesota Association of School Business Officials
· Accounting Guidelines Committee of the Minnesota Department of Education
In addition, we have subscriptions to all organizations publishing information affecting cities in
regard to financial reporting or compliance issues.
We recognize that when we audit a governmental entity, we are required to be familiar with all
rules, regulations and requirements and also that as a firm we are required to meet certain
requirements, In that regard, we make the following affirmations:
· Our firm is properly licensed by the State of Minnesota as a Certified Public
Accounting Firm.
· Our firm meets the independence requirements of the Standards for Audits of
Government Organizations, Programs, Activities and Functions, published by
the U.S. General Accounting Office as it relates to the City of Hastings.
· Our firm has no conflict of interest with regard to any other work performed
by our firm for the City of Hastings.
· Our firm has never had a report rejected or classified as substandard by any
Federal Agency or the Government Finance Officers Association. Over the
past ten years, we have performed well over 1,000 audits that were required
to meet the requirements of the Single Audit Act of 1996 and OMB Circular
A-133.
· Our firm meets all specific requirements imposed by state or local law or
rules and regulations.
· We accept the professional obligation concerning the American Institute of
Certified Public Accountants "Interpretation 501-3 Failure to Follow
Standards andlor Procedures or Other Requirements in Governmental Audits.
· Our professional personnel have received adequate continuing education to
be in compliance with Government Auditing Standards,
· Our firm is an equal opportunity employer and does not discriminate in
employment of persons upon the basis of race, color, creed, national origin,
sex, age or physical handicap.
· Our firm would qualify as a small business concern as defined by the Small
Business Administration.
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Cities and other governmental organizations that we serve have been strong supporters of our
firm because of the quality work that we have performed. In this regard, I submit the following
list of references:
City
City Official
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City of St. Cloud
City of Coon Rapids
City of Apple Valley
City of Eagan
City of Inver Grove Heights
City of Farmington
City of Mounds View
City of Andover
City of Robbins dale
City of Fergus Falls
City ofWaconia
City of Falcon Heights
John Norman
Sharon Legg
George Ballenger
Gene VanOverbeke
Daniel Maiers
Robin Roland
Bruce Kessel
Jean McGann
Cory Kampf
Dawn Burns
John Douville
Susan Hoyt
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Other references avaialble upon request.
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OUR SERVICE TEAM
Telephone Number
(320) 255-7200
(612) 780-6433
(612) 953-2540
(612) 681-4600
(612) 450-2516
(612) 463-1880
(612) 784-3055
(612) 767-5110
(612) 537-4534
(218) 739-0107
(612) 442-2184
(612) 644-5050
We believe the key to establishing and maintaining an excellent professional relationship
between the City of Hastings and our firm is the client service team. The tean1 we have assigned
to serve you combines technical expertise and proven ability to work effectively with (jur clients'
personnel.
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Our client service team includes individuals who have extensive governmental experience. This
cornmitment will assure that the City of Hastings will receive quality service backed by the full
resources of our firm. The following resumes describe the experience of the professional staff
assigned to the engagement.
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PROPOSAL TO PROVIDE AUDIT SERVICES
TO THE CITY OF HASTINGS
SCHEDULE OF PROFESSIONAL FEES
Prepared By: KERN, DEWENTER, VIERE, LTD.
I hereby certifY that I am authorized to represent the firm, empowered to submit a bid and
authorized to sign a contract with the City of Hastings.
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Signed
The following is the all-inclusive maximum price for the years ending December 31,
City:
1998
1999
2000
$17,600
18,300
19,000
$54,900
Fire Relief:
1998
1999
2000
$1,700
1,770
1,840
$5,310
Appendix A
VIII-C-5
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
October 15, 1998
Aquatic Center Manager Position Description and Authorize
Advertisement for Applicants
RECOMMENDED CITY COUNCIL ACTION
The City Council is asked to take action approving the attached position description for
the position of Aquatic Center Manager and to authorize the advertisement for applicants.
BACKGROUND
City Staff, including Utilities Superintendent Jim Heusser, Parks Superintendent Lee
Erickson, Parks and Recreation Director Marty McNamara, Civic Arena Manager Jim
McGree, Administrative Assistant/City Clerk Joyce Hottinger and I have all had an
opportunity to make comments and/or participate in several meetings regarding the
establishment of the attached position description for the position of Aquatic Center
Manager, With approval of the attached position description and authorization to
advertise for applicants, Staff hopes to follow the schedule as outlined below:
October 16, 1998
November 16, 1998
Week of Nov. 30, 1998
Week of Dec, 7, 1998
On or about 1-1-99
of Hastings
City Council approval
Applications due
Conduct Interviews
Selection of Aquatic Center Manager
New Aquatic Center Manager begins employment with City
The Aquatic Center Manager will be responsible for developing the various policies and
procedures that will be necessary to assure the safe and effective operation of the aquatic
center. Hiring of the various part-time and seasonal works will also be a primary
responsibility of the Aquatic Center Manager. With a start date of on or about'January I,
1999, this will also allow the Aquatic Center Manager to become f:lmiliar with the
operations of the pool., and to be involved in the last several months of construction
administration, thus assuring a thorough understanding of the pool.
Staff anticipates that the Aquatic Center Manager will be full time, year round
throughout all of 1999. After the swimming season is complete in 1999, there will be
activities and responsibilities associated with review oft he swimming'season, and
working on improvements for the next year, ,
For several months in early 2000, there may be some special projects within the Parks
and Recreation Department and programs that this person may need to become in
involved. Prior to the start of the swimming season in 2000, the Aquatic Center Manager
will begin the process of preparing the pool and conducting the hiring, Full time at the
Aquatic Center would continue until the end of the swimming season. After the 2000
swimming season, the position would be reviewed to determine the full time status,
and/or the possibility of reassignment to other positions during certain times during the
year.
The 1999 Budget includes an allocation to allow for a starting wage of$15,OO per hour,
which would be $2,599 per month. The position value should be set at "58" with a
maximum monthly salary after the five year step of$3, 063, With approval by the City
Council, an advertisement would be placed in the Minneapolis-Star Tribune, along with
the local newspaper, with attempts to also recruit also throughout the "pool manager"
profession.
CITY OF HASTINGS
JOB DESCRIPTION
EFFECTIVE DATE:
POSITION TITLE:
DEPARTMENT:
REPORTS TO:
October 15, 1998
Aquatic Center Manager
Parks & Recreation
Director of Parks & Recreation
POSITION SUMMARY:
The Aquatic Center Manager's objective is to manage all aspects of the Aquatic Center
operation, The Aquatic Center Manager will function within the department team approach to
market the center, recruit, hire, train and supervise staff, evaluate the Aquatic Center on a
continuing basis including operations, concessions, maintenance and special events,
Essential Position
1.) Development and annual marketing and promotions plan for the Aquatic Center,
2,) Develop within department and city policies standards of performance for seasonal staff,
3.) Recruit, recommend for hire and train seasonal staff.
4,) Establish a system of financial record keeping in conjunction with the Finance
Department; prepare daily, weekly, monthly reports.
5.) Prepare participant conduct and behavior policies specific for the Aquatic Center,
consistent with the overall City's behavior and safety policies.
6,) Respond to citizen complaints or suggestions concerning problems or suggestions for
enhancement and improvements to Aquatic Center,
7,) Keep familiar with and enforce all state regulations and policies concerning the
operations and maintenance of the Aquatic Center and its concessions.
8.) Prepare the annual budget for the Aquatic Center, recommending rates of compensation
for seasonal positions, expenditures for equipment, supplies, clothing and concessions.
9,) Recommend procedures for admissions, seasonal passes, daily admissions, groups,
special events and non-residents.
10.) Work with swim clubs and other users ofthe Aquatic Center to establish an appropriate
swim program and swimming lesson program.
11.) Responsible for performing, coordinating and monitoring pool maintenance and
operations.
12.) Establish systems and procedures for guard and deck staff to insure safe operations.
13.) Responsible for performing, coordinating and monitoring concession operations to insure
efficient operation and revenue generation. .
14,) Supervise all Aquatic Center Staff.
15.) Responsible for control, deposit and accounting of daily admissions and concession
receipts.
16,) Organize and coordinate the preparation and conducting of competency skill testing in the
areas of lifeguards, first aid safety and emergency procedures.
17.) Negotiate and schedule pool time to maximize utilization and profitability.
18.) Plan, organize and conduct registration and classes throughout the seasmi. to coordinate
schedules with community swimming groups,
19.) Communicate policies, procedures and practices to assign staff and conduct regular
scheduled in service training.
20,) Assign tasks and daily work assignments to pool staff and provide informal feedback to
employees regarding their daily work performance,
Other Position Functions:
I.) Requisition supplies, materials and services within approved levels of the budget.
2,) Maintain high levels of cleanliness in the Aquatic Center.
3,) Keep supervisor informed of work progress, problerns or concerns.
4.) Attend meetings and/or training as required to perform and become knowledgeable of the
positions functions.
5.) Perform other tasks as assigned,
Working Conditions
Office
50%
Field
50%
I. ) Work hours are a combination of day time, evening and weekends.
2.) Outdoor weather conditions, rain and cool temperatures may effect work plans and
schedules,
3,) FLSA exemption position. Hours worked may be more than 40 per week. Aquatic
Center Manager will receive the same amount of compensation every two weeks.
Physical Demands:
Physical demands listed here are representative of those that must be met by the employee to
successfully perform the essential functions of this position. Reasonable accommodations may
be made to enable persons with disabilities to perform the essential functions.
I.) While performing the duties of the job, the employee is regularly required to stand, talk,
write, hear and operate desk equipment such as calculator, computers and cash registers.
2,) Frequently lifts and/or move up to 50 pounds such as folding tables, deck furniture and
supply boxes.
3.) The employees is occasionally required to climb, balance, run, walk, sit, stoop, kneel,
crouch or crawL
4,) Specific vision abilities include close vision, distance vision and peripheral vision, all
relating to tasks such as reading manuals, processing paperwork, etc.
5.) Must be able to work in confined spaces for reasonable amounts of time.
6.) Employee must know how to swim,
Qualifications and Experience:
I,) Bachelors degree in recreation/leisure services or related field preferred.
2.) A minimmn of two years of increasingly responsible program management experience in
the area of aquatic centers, beaches, instructional programs, fitness programs and
promotions.
3.) Certificate in the areas of CPO Certified Pool Operator; LGT-Lifeguard Training; LGTI-
Lifeguard Training Instructor preferred,
4,) Certification in CPR for adult, child and infant.
5.) Certification in first aid.
6,) Experience in supervisory and management skills.
7,) Broad knowledge of youth behavior and conduct and the ability to relate well with youth
and adults,
8,) Must be able to socially, physically and mentally perform all central functions in the
working conditions described.
9,) Ability to establish and achieve priorities,
10.) Ability to communicate effective orally and in writing,
11.) Valid drivers license,
12,) Skill and experience in working in computer applications,
13.) Ability to work with vendors.
14,) Ability to perform all essential functions under working conditions and physical demands
as described,
15,) Experience in a municipal recreation setting is preferred,
16.) Demonstrate a command of basic accounting principles.
17.) An understanding of applicable software/hardware system typical of a municipal pool
operation is preferred.
18.) Must successfully complete a criminal background check.
GENERAL
This position will be re-evaluated after the 2000 swimming season to determine the future of its
full-time status and the possibility of assignment of different duties during certain times of the
year, when not assigned to the Aquatic Center.
AQUATIC CENTER MANAGER
City of Hastings
The City of Hastings is accepting applications for the position of Aquatic Center
Manager. The Aquatic Center Manager shall be responsible for managing the new
Hastings Aquatic Center, scheduled to open in June, 1999, Minimum of two years of
increasingly responsible experience in the area or aquatic centers or other swimming
facilities. Prefer BA in recreation/leisure services or related field. Prefer certificate in
areas of Certified Pool Operator, Lifeguard Trainining, Lifeguard Training Instructor.
Starting pay up to $2,599/monthly, plus benefits. Application materials are available at
the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota 55033. (651) 437-4127.
Completed application materials must be postmarked by November 16, 1998, to Joyce
Hottinger. The City of Hastings is an Equal Opportunity Employer.
VIII-C-6
MEMORANDUM
DATE: October 15, 1998
TO: Honorable Mayor and City Councilmembers
FROM: Dave Osberg, City Administrator
SUBJECT: Agreement for Snow Removal
Attached City Councilmembers will find a copy of a proposed Agreement for Snow Removal for
the 1998/1999 snow season, with Mr. Ross Albertson. City Councilmembers will recall that action
was taken several meetings ago to allow Staff to solicit proposals for providing snow removal
services on various City and HRA properties, The City Council may also recall that several areas
were removed from the original agreement, to allow City Staff to complete snow removal in certain
areas.
A copy of the proposed agreement is attached for review by the City Council, as well as a outline
of the proposed prices for snow removal in these areas. In addition, a map is enclosed for review
by the City Council.
Late Wednesday, October 14, 1998 I presented this agreement to Mr. Albertson for his review, In
addition, I asked Mr, Albertson to provide an indication of what additional costs might be incurred
in the event we ask him to complete snow removal at the proposed site of the new Senior Center,
Therefore, please take an opportunity to review this document and I may be in a position to
recommend its approval at the meeting on October 19, 1998 depending on the timing and comments
received by Mr. Albertson, In the event an agreement cannot be completed it will be presented to
the City Council at the meeting on November 2, 1998.
cl
CITY OF HASTINGS
AGREEMENT FOR SNOW REMOVAL
1998-1999
This Agreement and fee schedule specify the work to be completed by Ross
Albertson, 1189 Western Court, Hastings, Minnesota, and the payments for the work to
be made by the City of Hastings. The terms of this Agreement shall begin on November
1, 1998 and continue until May 1, 1999,
1.) Mr. Albertson shall be considered an independent contractor and shall provide
evidence of comprehensive, liability and collision motor vehicle insurance, on
all vehicles that will be used for snow removal operations, in amounts no less
than that which is required by Law. The City of Hastings and the City Housing
and Redevelopment Authority shall be named as additional insureds on the
policy. The insurance, must include, at a minimum, public liability, personal
injury liability and motor vehicle insurance, all in the amounts of at least
$1,000,000 per occurance, and per year. This shall include an endorsement
identifying the City of Hastings and the City Housing and Redevelopment
Authority as an additional insured. Additionally, Mr. Albertson will be required
to provide an agreement, holding hannless and agreeing to indemnify the City of
Hastings and the City Housing and Redevelopment Authority, for damages that
either may suffer, due to the negligence of Mr. Albertson,
2.) Contractor shall plow all snow, including sanding, de-icing and salt, from all
sidewalks, steps and parking lots described on the attachment, and identified on
the attached map. This does include the sidewalk on the north side ofthe Public
Square, adjacent to the street, west of the main sidewalk (which runs north/south
leading to the City HalL)
3.) Any snowfall of 2" or more must be be plowed from sidewalks and steps within
12 hours, and from parking lots within 24 hours, Iced areas on sidewalks and
steps must be cleared and sanded as soon as possible, and in all cases within 12
hours.
4,) Contractor shall provide all equipment and supplies, except for de-icer for
concrete and calcium chloride for all other areas, which is available at the Street
Department. Contractor shall be responsible for pick up at the Street Department.
5,) IfMr. Albertson is disabled, or otherwise unable to perform these services, the
agreement will be canceled, and the retainer shall be pro-rated accordingly for the
month in which services are unable to be performed,
SNOW REMOVAL AREAS AND FEES
AREA ONE
Sidewalks adjacent to Oliver's Grove Park, abutting Second Street and Ramsey Street.
Sidewalks adjacent to the old grain elevator site, abutting Second Street and Tyler Street,
and the sidewalks adjacent to the Parking lot at Third Street and Tyler Street. Sidewalks
adjacent to the municipally owned parking lot.
This area does include the steps behind the Johnson Hardware Parking Lot. In addition,
clear snow and ice buildup at the sidwalk adjacent to 222 Ramsey Street.
Snow Season Retainer:
Per Event Charge:
$800.00
$180.00
AREA TWO
The sidwalks on the south and west of the parking lot at Sibley and 4th Street, and the
sidewalks on all four sides of the block bounded by 3rd Street, 4th Street, Sibley Street and
Vermillion Streets. This does not include the Police Parking Lot (apron)in front of the
garage doors,
Snow Season Retainer:
Per Event Charge:
$800.00
$165.00
AREA THREE
The sidwalks inside the four sides of the block block bounded by 3rd Street, 4th Street,
Sibley Street and Vermillion Street. This includes all sidewalks leading to the doors of
the both Police Station and City Hall, and three sets of steps: a.) adjacent to Vermillion
Street; b.) The entire step area on the north side of City Hall; c,) adjacent to the Police
Station, '
Snow Season Retainer:
Per Event Charge:
$800.00
$125.00
The Snow Season Retainer shall be paid as follows:
a.) Execution of the Agreement:
b,) January 1, 1999
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$800,00
$800,00
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FM&C
VIII-C-7
Donald J, Fluegel"
Shawn M, Moynihan
Jack W. Clinton ""
Joan M, Fluegel
FLUEGEL, MOYNIHAN & CLINTON, P.A.
Attorneys At Law
1303 South Frontage Road, Suite 5
Hastings, MN 55033-2477
Telephone 612-438-9777
Pax 612-438-9775
October 15, 1998
Mayor Mike Wemer
and City Council Members
Hastings City Hall
101 East Fourth Street
Hastings, MN 55033
RE: Lease/Purchase Agreement for Senior Center
Dear Mayor and City Council Members:
At the October 19, 1998 city council meeting, the council will be asked to approve the
attached LeaseIPurchase Agreement with the City of Hastings HRA for the new Senior Center.
Background:
The City of Hastings and Independent School District No, 200 have been looking for ~ new
site for the Senior Center since the Senior Center lost its lease at the Westview Mall. A new
potential site has been found, This is the site of the present Carpetland store at 213 Ramsey Street.
The proposal is that the City of Hastings HRA will purchase the Carpetland site and lease the
property back to the city with annual lease payments equal to the annual debt service payment of the
HRA, At the conclusion of the loan term, the city would then have the option to purchase the
property for $1.00,
During the term ofthe lease, the city would be limited to using the property for community
education purposes,
Attached is the proposed LeaseIPurchase Agreement. I encourage the council to read the
entire document. I will, however, provide a short summary ofthe high points of this LeaselPurchase
Agreement.
, Also admitted to practice in Wisconsin
.. Certified as a Real Property Law Specialist by Minnesota State Bar Association
Mayor Mike Wemer
and City Council Members
Lease/Purchase Agreement for Senior Center
Page 2
October 15,1998
Article II:
The city agrees that during the term ofthe Lease, the building will be used only in connection
with the city's and school district's community education program which is conducted pursuant to
the Joint Powers Agreement between the city and the school district.
Article IV:
This Lease will remain in effect for ten years, unless it is terminated earlier by the city,
Article V:
The city shall pay rent to the HRA. The rent amount will be equal to the HRA' s debt service
on any bonds or loan the HRA takes out to purchase this property, The city can terminate the Lease
at the end of any fiscal year by giving the HRA the appropriate notice.
Article VI:
During the term ofthe Lease, the city will be required to properly maintain the building at
the city's expense. The city is required to pay any utility charges, Although the Lease says the city
is responsible for all expenses, the city and the school district will share expenses for the Senior
Center pursuant to the terms of the Joint Powers Agreement and as it was recently amended at the
last city council meeting,
The city must keep the building properly insured for liability and property damage and name
the HRA as an additional insured. The city also agrees to indemnifY the HRA for any injury to any
person or damage to any property which may occur on the property. The HRA must be named as
an additional insured on the city's insurance policy that covers the building.
Article IX:
The city cannot assign or sublet the building during the term of the Lease,
Article XI:
At any time during the term ofthe Lease, the city can purchase the building by paying, to the
HRA, an amount equal to the outstanding balance on the HRA's loan, plus one additional dollar.
Mayor Mike Werner
and City Council Members
Lease/Purchase Agreement for Senior Center
Page 3
October 15, 1998
If you have questions prior to the council meeting, please call me,
Very truly yours,
FLUEGEL, MOYNIHAN & CLINTON, P.A.
Shawn M, Moynihan
City Attorney
SMM:srk
cc: David M, Osberg, City Administrator
John Grossman, HRA Executive Director
RESOLUTION AUTHORIZING
THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION
TO PURCHASE AGREEMENT
A. WHEREAS, the City has requested that the Housing and Redevelopment
Authority In and For the City of Hastings (the "Authority") acquire land and a building to be
leased to the City to be used to in connection with a community education program being
operated by the City and Independent School District No. 200 within the City; and
B. WHEREAS, in order to finance such acquisition and the rehabilitation of the
acquired building, the Authority is willing to issue its $180,000 Municipal Facilities Lease
Revenue Note, Series 1998 (the "Note");
C. WHEREAS, there has been prepared and presented to the City a Lease With
Option to Purchase Agreement (the "Lease") under which the City would lease the acquired
property from the Authority.
D. WHEREAS, the City has reviewed the Lease and has determined that its
execution and performance is in the best interests of the City and its residents,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hastings,
Minnesota as follows:
1. Authority. The City is authorized pursuant to Minnesota Statutes, Section 465,71,
to enter into a Lease With Option to Purchase Agreement with the Authority to acquire and
rehabilitate a commercial property for use in connection with the above referenced community
education program (the "Project"),
2. Authorization of Note: Documents Presented. The Authority proposes to issue its
$180,000 Municipal Facilities Lease Revenue Note, Series 1998 (the "Note") payable from rental
payments to be made under the Lease. Forms of the following documents relating to the Note
and the Project have been submitted to the City Council and are now on file in the office of the
Administrator:
(a) a Lease With Option to Purchase Agreement proposed to be dated as of
November 2, 1998 (the "Lease"), between the Authority and the City which,
among other things, provides for the construction and installation of the Project
and pursuant to which the city is required to pay rental payments sufficient to pay
the principal and interest on the Note when due; and
(b) a Resolution to be adopted by the Authority (the "Resolution"), setting forth the
form and details of the Note and its issuance, and pledging the rental payments
derived from the Lease to the payment of the Note.
3. Approval and Execution of Lease With Option to Purchase Agreement. The
Mayor and the Administrator are hereby authorized and directed to execute, and deliver the
Lease in substantially the form on file with the Administrator. All of the provisions of the Lease
when executed and delivered as authorized herein shall be deemed to be a part of this resolution
as fully and to the same extent as if incorporated herein and shall be in full force and effect from
the date of ex~cution and delivery thereof.
4, Approval of Resolution. The City hereby approves the form of the Resolution
and the terms of the Note described therein.
5. Authorized to Execute. The Mayor and Administrator are hereby designated and
authorized to act on behalf of the City to execute the Lease and other documents relating thereto.
6, Furnishing of Certificates and Proceedings, The Mayor and Administrator and
other officers of the City are authorized and directed to prepare and fiunish to the purchaser(s) of
the Note and Bond Counsel, certified copies of all proceedings and records of the City relating to
the Lease and the Note, and such other affidavits and certificates as may be required to show the
facts relating to the legality of the Lease and the Note as such facts appear from the books and
records in the officers' custody and control or as otherwise known to them; and all such certified
copies, certificates and affidavits, including any heretofore furnished, shall constitute
representations of the City as to the truth of all statements contained therein.
7. Modifications to Documents. The approval hereby given to the various
documents referred to above includes approval of such additional details therein as may be
necessary and appropriate and such modifications thereof, deletions therefrom and additions
thereto as may be necessary arid appropriate and approved by the City Attorney and the City
officials authorized herein to execute said documents. Said City offic:ials are hereby authorized
to approve said changes on behalf of the City. The execution of any instrument by the
appropriate officer or officers of the City herein authorized shall be conclusive evidence of the
approval of such documents in accordance with the terms hereof. In the absence of the Mayor or
Administrator, any of the documents authorized by this resolution to be executed may be
executed by the Acting Mayor or the Acting Administrator, respectively,
8, Severability. If any section, paragraph or provision ofthis resolution shall be held
to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any of the remaining provisions of this resolution.
9, Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof,
Passed: October 19, 1998.
Mayor
Attest:
Administrator
LEASE AGREEMENT
(WITH OPTION TO PURCHASE)
BETWEEN
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF HASTINGS
As Lessor
and
CITY OF HASTINGS
As Lessee
Dated as of
,1998
This instrunlent drafted by:
Bradley & Deike, P.A.
5100 Eden Avenue, Suite 300
Edina, MN 55436
Rjd/Notes/hastingsseniorleaserevised
TABLE OF CONTENTS
Page
PARTIES AND RECITALS
ARTICLE I. DEFINITIONS AND EXHIBITS
Section 1.1. Definitions
Section 1.2, Exhibits
1
1
3
ARTICLE II. REPRESENTATIONS AND COVENANTS OF THE
CITY AND THE AUTHORITY
Section 2,1, Representations and Covenants of
the City
Section 2.2. Representations and Covenants of the
Authority
4
4
ARTICLE III. ACQUISITION AND CONSTRUCTION OF PROJECT
Section 3.1. City to Act as Agent
Section 3.2. Project Costs; Payment of Costs
Section 3.3, City's Liability
ARTICLE IV. LEASE
Section 4.1.
Section 4.2,
SectiQn 43.
. Section 4.4,
5
5
6
Term of Lease
Termination of Lease Term
Possession and Enjoyment
Authority Access to Facility
6
6
6
7
ARTICLE V. RENTAL PAYMENTS; FEES AND EXPENSES
Section 5.1. Rental Payments
Section 5.2, Rental Payments to be Unconditional
Section 53, Current Expense
Section 5.4. Termination of Lease
Section 5,5, Intent to Continue Lease-Purchase
Payments; Appropriations
Effect of Termination
Additional Rental Payments
Joint Powers Agreement
ARTICLE VI. MAINTENANCE; TAXES; INSURANCE;
AND OTHER MATTERS
Section 6,1. Maintenance and Modification of
Project by City
Taxes, Other Governmental Charges
and Utility Charges
Liability Insurance
Indemnity
Property Insurance
Section
Section
Section
5.6.
5.7.
5.8.
Section
6.2.
Section
Section
Section
63.
6.4.
6.5,
7
7
7
7
8
8
8
8
9
9
10
10
10
Section 6.6, Worker's Compensation Insurance 10
Section 6.7. Other Insurance and Requirements
for All Insurance 10
Section 6.8.. Advances 11
Section 6.9. Liens 11
. ARTICLE VII. DAMAGE, DESTRUCTION AND CONDEMNATION;
USE OF NET PROCEEDS
Section 7.1. Damage, Destruction and Condemnation
. Section 7,2. Insufficiency of Net Proceeds
Section 7.3. Cooperation of Authority
Section 7.4. Destruction or Condemnation of Other
Property Owned by City
11
11
12
12
ARTICLE VIII. CITY'S EQUIPMENT; WARRANTIES;
DISCLAIMER
Section 8.1.
Section 8.2,
Section 8.3.
Section 804.
Section 8.5.
Installation of City's Equipment
Design of Project
Installation and Maintenance of Project
Warranties
Disclaimer of Warranties
1::.
17
ARTICLE IX. ASSIGNMENT AND LEASING
Section 9.1. Assignment by Authority
Section 9.2. Assignment and Subleasing by City
ARTICLE X. EVENTS OF DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined
Section 10.2, Remedies on Default
Section 10,3, Surrender of Facility
Section lOA. Delay; Notice
Section 10.5. No Remedy Exclusive
Section 10,6. Agreement to Pay Attorneys' Fees
and Expenses
Section 10.7. No Additional Waiver Implied
by One Waiver
1:\
15
ARTICLE XI. TITLE; OPTION TO PURCHASE
Section 11,1. Title
Section 11.2. Option to Purchase Facility
Section 11.3. Closing Arrangements
Section 1104. Prerequisite; No Default
15
15
15
16
ARTICLE XII. ADMINISTRATIVE PROVISIONS
Section 12.1. Notices
Section 12,2. Binding Effect
Section 12.3. Severability
16
16
16
11
Section
Section
Section
Section
Section
Signatures
Exhibits
EXHIBIT A
EXHIBIT B
EXHIBIT C
12.4,
12.5.
12.6,
12.7.
12,8,
Amendments, Changes and Modifications
Further Assurances and Corrective Instruments
Execution Counterparts
Applicable Law
Captions
16
16
16
16
17
18
LEGAL DESCRIPTION OF THE LAND
RENTAL PAYMENT SCHEDULE
COMPLETION CERTIFICATE
111
THIS LEASE AGREEMENT (the "Lease") is entered into as of ,
1998 (the "Lease"), by and between the HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF HASTINGS as lessor (the "Authority"), whose
address is 101 Fourth Street East, Hastings, Minnesota 55033, and the CITY OF HASTINGS, a
home rule charter city under the laws of the state of Minnesota, as lessee (the "City"), whose
address is 101 Fourth Street East, Hastings, Minnesota 55033;
WHEREAS, the City and Independent School District No. 200 (the "School District")
have entered into a Joint Powers Agreement (the "Joint Powers Agreement") dated as of
February 5, 1997 pursuant to Minnesota Statutes. Section 471.59; and
WHEREAS, the Joint Powers Agreement provides for the operation of a community
education program within the City pursuant to Minnesota Statutes, 121.85; and
WHEREAS, the City has requested that the Authority acquire the Land (as hereinafter
defined) and finance the renovation and rehabilitation of an approximately 3,200 square foot
building thereon (as hereinafter defined, the "Project", and, together with the Land and existing
building, the "Facility") to be used by the City in connection with the City's and School
District's community education program; and
WHEREAS, the City, as the agent of the Authority, has agreed to construct the Project,
and for this purpose has entered into or will enter into contracts with the Architect and
Contractors described herein for such purpose; and
WHEREAS, the Land is located within a redevelopment project undertaken by the
Authority pursuant to Minnesota Statutes, sections 469.001-.047 in order to stimulate
redevelopment and development within an area of the City, and the Authority and City have
determined that the proposal as presented by the City is in the best interests of the Authority and
the residents of the City of Hastings and will facilitate economic development and other
activities to be conducted by the Authority within the City; and
WHEREAS, as recited in the Note Resolution of the Authority adopted on
, 1998, the Authority has all necessary power to (i) acquire the Land, (ii)
undertake and finance the Project, and (iii) enter into this Lease of the Facility with the City, and
the City has determined that it has all necessary power to lease the Facility and enter into this
Lease with the Authority;
NOW, THEREFORE, in the joint and mutual exercise of their powers, and in
consideration of the mutual covenants herein contained, the parties hereto recite and agree as
follows:
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall, for all purposes of this Lease, have the meanings herein specified,
Architect: A licensed architect in the State of Minnesota to be selected by the City to
prepare Plans and Specifications for the Project.
Authority: The Housing and Redevelopment Authority in and for the City of Hastings,
Authority Rt4Jresentative: The Chairperson or the Executive Director of the Authority or
any other person authorized to act on behalf of the Authority under or with respect to this Lease,
as evidenced by a certificate conferring such authority executed by the Chairperson, given to the
City,
.citt: The City of Hastings, Minnesota.
Completion Certificate: A certificate in the form attached hereto as Exhibit C executed by
the City, stating that the Project has been completed in accordance with the Plans and
Specifications,
Completion Date: With respect to the Project, the date upon which a final Completion
Certificate is issued with respect thereto by the City and delivered to the Authority.
Construction Fund: The fund so designated and established by the Authority pursuant to
the Note Resolution,
Construction Mana~er:
Contractor: Each contractor, subcontractor or material supplier, to be selected by the
City, providing services or materials or both for the construction of the Project.
Costs or Project Costs: All capital costs incurred by the City and the Authority for the
acquisition, construction and installation of the Project.
City Rt4Jresentative: The Mayor, the City Administrator, or any person authorized by law
to act on behalf of the City under or with respect to this Lease, as evidenced by a certificate
conferring such authority executed by the Mayor and given to the Authority.
Facility: The Land and the approximately 3,200 square foot building located thereon,
including the Project.
Fiscal Year: Each twelve-month fiscal period of the City commencing on January 1 of
any year and ending on December 31 of said year.
Independent Counsel: An attorney duly admitted to the practice of law before the highest
court of the State of Minnesota who is not a full-time employee of the Authority, the City or an
assignee thereof.
Joint Powers Agreement: The Hastings Community EducationlRecreation Joint Powers
Agreement dated as of February 5, 1997, between the City and the SI~hool District, as the same
may have been or may be amended.
Land. The real estate described on Exhibit A hereto, upon which the Facility is located.
Lease: This Lease Agreement, and any duly authorized and executed amendment hereto.
Net Proceeds: Any insurance proceeds or condemnation award paid with respect to the
Facility, remaining after payment therefrom of all expenses incurred in the coIlection thereof.
Note: The Series 1998 Note,
2
Note Fund: The fund so designated and established by the Authority pursuant to the Note
Resolution.
Note Resolution. The Resolution adopted by the Authority's Board of Commissioners
dated , 1998, authorizing the issuance of the Note.
Payment Date: The date upon which any Rental Payment is due and payable as provided
in the attached Exhibit B,
Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments
not then delinquent, or which the City may, pursuant to provisions of Article VI hereof, permit to
remain unpaid, (ii) this Lease, (iii) any mechanic's, laborer's, materialmen's, supplier's or
vendor's lien or right not filed or perfected in the manner prescribed by law, (iv) such minor
defects, irregularities, encumbrances, easements, rights-of-way and clouds on title as normally
exist with respect to properties similar in character to the Land and do not, in the opinion of
fudependent Counsel, materially impair the property affected thereby for the pmpose for which it
was intended; or (v) easements, restrictions or encumbrances, if any, shown on Exhibit A hereto,
Plans and s,pecifications: Architectural and engineering drawings and specifications
prepared by the Architect describing the Project and any changes thereto approved by the City.
Project: The renovation of the approximately 3,200 square foot building located on the
Land in accordance with the Plans and Specifications.
Project Acquisition Fund: The fund described in Section 3,2 of this Lease.
Project Costs. All costs of acquiring the Facility and of constructing the Project,
including all costs of issuing the Note.
Purchase Price: The amount designated as such in Article XI of this Lease.
Rental Payment: Any payment due from the City to the Authority under Section 5.1 of
this Lease,
School District: fudependent School District No. 200.
Series 1998 Note: The $180,000 Municipal Facilities Lease Revenue Note, Series 1998,
issued or to be issued by the Authority.
State: The State of Minnesota,
State and Federal Law or Laws: The Constitution and laws of the State, and any
ordinance, rule or regulation of any agency or political subdivision of the State; and any law of
the United States, and any rule or regulation of any executive department or federal agency,
Term of the Lease or Lease Term: The period during which this Lease remains in effect
as specified in Sections 4.1 and 4.2.
Section 1.2, Exhibits
The following Exhibits are attached to and by reference made a part of this Lease:
3
Exhibit A: A legal description of the Land,
Exhibit B: The schedule of Rental Payments to be paid by the City to the Authority,
showing the date and amount of each Rental Payment.
Exhibit C: A form of Completion Certificate.
ARTICLE II
REPRESENTATIONS AND COVENANTS OF THE CITY AND THE AUTHORITY
Section 2.1. Rtalresentations and Covenants of the City. The City represents and
covenants as follows:
(a) The Constitution and the laws of the State authorize the City to undertake the
Project, to enter into this Lease and the transactions contemplated hereby, and to
carry out its obligations under this Lease.
(b) The officers of the City executing this Lease are duly authorized to execute and
deliver this Lease under the Constitution and laws of the State.
(c) The City has complied and will comply with all open meeting laws, all public
bidding laws and all other State and Federal Laws applicable to this Lease and the
acquisition and construction of the Project.
(d) The City will use the Facility during the Lease Term only as a facility operated
pursuant to the City' and School District's community education program,
(e) The execution and delivery of this Lease and the other agreements contemplated
hereby to which the City is a party and the consummation of the transactions
contemplated hereby and thereby and the fulfillment of the terms hereof and
thereof will not conflict with, or constitute on the part of the City a breach of, or a
default under, any existing (i) law, or (ii) provisions of any legislative act or other
proceeding establishing or relating to the establishment of the City or its affairs or
its resolutions, or (iii) agreement, indenture, mortgage:, lease or other instrument
to which the City is subject or is a party or by which it is bound.
(f) No officer of the City who is authorized to take part in any manner in making this
Lease or any contract contemplated hereby has a personal financial interest in or
has personally and financially benefited from this Lease or any such contract.
(g) There is not pending or threatened any suit, action or proceeding against or
affecting the City before or by any court, arbitrator, administrative agency or
other governmental authority which materially and adversely affects the validity,
as to the City, ofthis Lease, any of the obligations of the City hereunder or any of
the transactions contemplated hereby.
Section 2.2, RGPresentations and Covenants of the Authority. The Authority represents
and covenants as follows:
4
(d)
(e)
(f)
(a)
The Constitution and the laws of the State authorize the Authority to acquire and
improve the Facility, to enter into this Lease and the transactions contemplated
hereby, and to carry out its obligations under this Lease.
The officers of the Authority executing this Lease are duly authorized to execute
and deliver this Lease under the Constitution and laws of the State.
(b)
(c)
The Authority has complied and will comply with all open meeting laws, all
public bidding laws and all other State and Federal Laws applicable to this Lease
and the acquisition and construction of the Project.
The execution and delivery of this Lease and the other agreements contemplated
hereby to which the Authority is a party and the consummation of the transactions
contemplated hereby and thereby and the fulfillment of the terms hereof and
thereof will not conflict with, or constitute on the part of the Authority a breach
of, or a default under, any existing (i) law, or (ii) provisions of any legislative act
or other proceeding establishing or relating to the establishment of the Authority
or its affairs or its resolutions, or (iii) agreement, indenture, mortgage, lease or
other instrument to which the Authority is subject or is a party or by which it is
bound.
No officer of the Authority who is authorized to take part in any manner in
making this Lease or any contract contemplated hereby has a personal financial
interest in or has personally and financially benefited from this Lease or any such
contract.
There is not pending or threatened any suit, action or proceeding against the
Authority before or by any court, arbitrator, administrative agency or other
governmental authority which materially and adversely affects the validity, as to
the Authority, of this Lease, any of the obligations of the Authority hereunder or
any of the transactions contemplated hereby.
ARTICLE III
ACQUISITION AND CONSTRUCTION OF PROJECT
Section 3.1. City to Act as A~ent. The Authority hereby irrevocably appoints the City as
its agent in connection with the acquisition and construction of the Project. The City, as agent of
the Authority, will enter into a contract with such Contractors as may be necessary and desirable
to provide for the construction of the Project on the Land in accordance with the Plans and
Specifications, The City has caused or shall cause the Architect to prepare the Plans and
Specifications for the Project, and shall ensure that such Plans and Specifications comply with
applicable State law.' .
Section 3.2. Project Costs: Payment of Costs, The Project Costs are not expected to
exceed $180,000, The Authority and the City agree that, in order to ensure that moneys
sufficient to pay such Project Costs, and necessary financing expenses, will be available for this
purpose when required, the Authority and the City shall, on or before November 1, 1998, deposit
or cause to be deposited in the Project Acquisition Fund the entire proceeds of the Series 1998
Note, and the City shall be responsible for the payment of any deficiency between the deposited
proceeds of the Series 1998 Note and the Project Costs, The City reserves the right to modify or
add items to the Project, any such changes to be subject to the written approval of the Authority,
5
which written approval shall not be unreasonably withheld. No such change in the Project shall
increase the amount of moneys required to be deposited by the Authority pursuant to this Lease,
or alter the schedule of Rental Payments, but if any change increases the Project Costs beyond
the amount available in the Project Acquisition Fund to pay it, the City shall deliver to the
Authority moneys sufficient to pay such excess Project Costs for deposit in the Project
Acquisition Fund,
The moneys on hand from time to time in the Project Acquisition Fund shall be made
available to the City for payment of the Project Costs. In the event the moneys in the Project
Acquisition Fund are not sufficient to pay the entire Project Costs, the City shall either deposit
sufficient additional funds with the Authority to pay such additional cost or reduce the scope of
the Project so that the moneys in the Project Acquisition Fund are sufficient to pay the remaining
Project Costs, Any such deposit of additional funds by the City, or reduction in the scope of the
Project, shall not alter the schedule of Rental Payments.
Section 3.3. City's Liability. As between the Authority and the City, the City assumes
liability for all risks of loss during the construction of the Project. The City shall maintain, or
require the Contractors to maintain, in force during the entire delivery and installation period of
the Project, payment and performance Notes in amounts not less than the amounts of any
contracts with any Contractor entered into with respect to the Project, builder's risk or property
damage insurance in an amount not less than the full value of all work done and materials and
equipment provided or delivered by the Contractor, comprehensive liability insurance, worker's
compensation insurance and other insurance required by law or customarily maintained with
respect to like projects during the course of acquisition and construction.
ARTICLE IV
LEASE
Section 4.1. Term of Lease. This Lease shall be and remain in effect with respect to the
Facility for a Lease Term commencing on the date hereof and continuing until November 1,
2008, or until terminated as provided in Section 4.2.
Section 4.2. Termination of Lease Term. The Term of the Lease will terminate prior to
November 1, 2008, upon the occurrence of the first of the following events:
(a) termination of this Lease pursuant to Section 5.4 hereof;
(b) a default by the City and the Authority's election to terminate this Lease pursuant
to Article X; or
(c) the payment by the City of the Purchase Price under the Option Agreement,
together with any fees and expenses due the Authority hereunder.
Section 4.3. Possession and Enjoyment. The Authority hereby covenants with respect to
the Facility to provide the City during the Term of the Lease with quiet use and enjoyment of the
Facility and the City shall during such Lease Term peaceably and quietly have and hold and
enjoy the Facility, without suit, trouble or hindrance from the Authority, except as expressly set
forth in this Lease. The Authority will, at the request of the City and at the City's cost, join in
any legal action in which the City asserts its right to such possession and enjoyment to the extent
the Authority may lawfully do so.
6
Section 4.4, Authority Access to Facility. The City agrees that the Authority and any
Authority Representative shall have the right at all reasonable times to enter upon and to
examine and inspect the Facility. The City further agrees that the Authority and any Authority
Representative shall have such rights of access to the Facility as may be reasonably necessary to
cause the proper maintenance of the Facility in the event of failure by the City to perform its
obligations hereunder, or to carry out the Authority's obligations and exercise the Authority's
rights under Article X, or to determine whether the City is in compliance with this Lease.
ARTICLE V
RENTAL PAYMENTS; FEES AND EXPENSES
Section 5.1. Rental Payments, The City shall pay Rental Payments with respect to the
Facility, at the times and in the amounts as set forth in Exhibit B, which is the debt service
schedule for the Series 1998 Note. The Rental Payments shall be payable to the Authority in
lawful money of the United States of America, Amounts already on deposit in the Note Fund as
of each Payment Date may be credited against the Rental Payment otherwise due on such date.
At the direction of the Authority, the City will make Rental Payments directly to the holder of
the Series 1998 Note.
Section 5.2. Rental Payments to be Unconditional. Except as provided in Section 5.4, the
obligation of the City to make Rental Payments due with respect to the Facility or any other
payments required hereunder shall be absolute and unconditional in all events. Notwithstanding
any dispute between the City and the Authority or any other person, the City shall make all
Rental Payments and other payments required hereunder when due and shall not withhold any
Rental Payment or other payment pending final resolution of such dispute nor shall the City
assert any right of set-off or counterclaim against its obligation to make such Rental Payments or
other payments required under this Lease. The City's obligation to make Rental Payments or
other payments during the Lease Term shall not be abated through accident or unforeseen
circumstances.
Section 5.3, Current Ex,pense, The obligations of the City under this Lease, including its
obligation to pay the Rental Payments due with respect to the Facility in any Fiscal Year for
which this Lease is in effect, shall constitute a current expense of the City for such Fiscal Year
and shall not constitute an indebtedness of the City within the meaning of the Constitution and
laws of the State. Nothing herein shall constitute a pledge by the City of any taxes or other
moneys, other than moneys lawfully appropriated from time to tinle by or for the benefit of the
City's annual budget and the proceeds of the Note or Net Proceeds, to the payment of any Rental
Payment or other amount coming due hereunder.
Section 5.4. Termination of Lease. The City shall have the right to cancel and terminate
this Lease, in whole but not in part, at the end of any Fiscal Year of the City, in the manner and
subject to the terms specified in this Section and Section 5.6, if the City's governing body does
not appropriate moneys sufficient to pay the Rental Payments coming due in the next Fiscal
Year. Lack of a sufficient appropriation shall be evidenced by a specific provision in the budget
of the City which prohibits the expenditure of the City funds for this purpose, The City may
effect such termination by giving the Authority a written notice of termination and by paying to
the Authority any Rental Payments which are due and have not been paid at or before the end of
its then current Fiscal Year, The City shall endeavor to give notice of termination not less than
sixty (60) days prior to the end of such Fiscal Year, and shall notify the Authority of any
anticipated termination. In the event of termination of this Lease as provided in this Section, the
City shall deliver possession of the Project to the Authority in accordance with Section 10.3, and
7
release its interest in the Facility granted under this Lease within ten (10) days after the
termination ofthis Lease.
Section 5.5. Intent to Continue Lease-Purchase Payments: Appro.priations. The City
presently intends to continue this Lease for its entire Term and to pay all Rental Payments
required hereunder. The City's business manager will include in the budget request for each
Fiscal Year the Rental Payments to become due in such Fiscal Year, and will use all reasonable
and lawful means at his/her disposal to secure the appropriation of money for such Fiscal Year
sufficient to pay the Rental Payments coming due therein. The City reasonably believes that
moneys in an amount sufficient to make all such Rental Payments can and will lawfully be
appropriated and made available for this purpose. To provide the fimds necessary to make the
Rental Payments, the City agrees, subject to the provisions of Section 5.4, that it will include in
each annual budget an appropriation sufficient therefor,
Section 5.6. Effect of Termination. Upon termination of this Lease as provided in
Section 5.4, the City shall not be responsible for the payment of any additional Rental Payments
coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession
of the Facility to the Authority in accordance with Section 10.3 and conveyed to the Authority or
released its interest in the Facility granted under this Lease within ten (10) days after the
termination of the Lease, the termination shall nevertheless be effective, but the City shall be
responsible for the payment of damages in an amount equal to the amount of the Rental
Payments thereafter coming due under Exhibit B which are attributable to the number of days
after such ten (10) day period during which the City fails to take such actions.
Section 5.7. Additional Rental Payments, The City shall during the Lease Term, within
thirty (30) business days after written notice that such payment is due, also pay the following
amounts of additional rent to the following persons:
(a) to the Authority, all reasonable expenses incurred by the Authority in connection
with the transactions contemplated hereby which are not otherwise required to be
paid by the City under the terms of this Lease;
(b) all other costs and expenses specifically required to b~: paid by the City under the
terms of this Lease; and
(e) to the Authority, the amount of all advances of funds made by the Authority under
the provisions hereof,
In the event the City should fail to make any of the payments required by this Section, the
item in default shall continue as an obligation of the City until the amount in default shall have
been fully paid, and the City will pay the same with interest thereon at the rate of 8% per annum,
or, if less, at the maximum rate permitted by law. .
Section 5.8, Joint Powers Agreement. The School District is responsible for the
contribution of a portion of Rental Payments and other amounts payable by the City under this
Lease. The City shall take such actions as are necessary to enforce such obligations of the
School District and the Authority shall have no responsibility with respect thereto.
8
ARTICLE VI
MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS
Section 6.1. Maintenance and Modification of Project by City. From and after the date
hereof the City shall, at its own expense, maintain, preserve and keep the Facility in good repair,
working order and condition, and shall from time to time make all repairs, replacements and
improvements necessary to keep the Facility in such condition. The Authority shall have no
responsibility for any of these repairs, replacements or improvements. In addition, the City shall,
at its own expense, have the right to remodel the Facility or to make additions, modifications and
improvements thereto. All such additions, modifications and improvements shall thereafter
comprise part of the Facility, shall be the property of the Authority and be subject to the
provisions of this Lease. Such additions, modifications and improvements shall not in any way
damage the Facility nor cause it to be used for purposes other than those authorized under the
provisions of State and Federal Law, and the Facility, upon completion of any additions,
modifications and improvements made pursuant to this Section, shall be of a value not less than
the value of the Facility immediately prior to the making of such additions, modifications and
improvements. The City will not permit any mechanic's or other lien to be established or remain
against the Facility for labor or materials furnished in connection with any remodeling, additions,
modifications, improvements, repairs, renewals or replacements made by the City pursuant to
this Section; provided that if any such lien is established and the City shall first notify the
Authority of the City's intention to do so, the City may in good faith contest any lien filed or
established against the Facility, and in such event may permit the items so contested to remain
undischarged and unsatisfied during the period of such contest and any appeal therefrom unless
the Authority shall notify the City that, in the opinion of Independent Counsel, by nonpayment of
any such item the interest of the Authority in the Facility will be materially endangered or the
Facility or any part thereof will be subject to loss or forfeiture, in which event the City shall
promptly pay and cause to be satisfied and discharged all such unpaid items or provide the
Authority with full security against any such loss or forfeiture, in form satisfactory to the
Authority. The Authority will cooperate fully with the City in any such contest, upon the request
and at the expense of the City.
Section 6.2. Taxes. Other Governmental Charges and Utility Charges. The City shall
also pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges
incurred in the operation, maintenance, use, occupancy and upkeep of the Facility. The City
shall also pay all property and excise taxes and governmental charges of any kind whatsoever
which may at any time be lawfully assessed or levied against or with respect to the Facility,
which become due during the Term of the Lease, and all special assessments and charges
lawfully made by any governmental body for public improvements that may be secured by a lien
on the Facility; provided that with respect to special assessments or other governmental charges
that may lawfully be paid in installments over a period of years, the City shall be obligated to
pay only such installments as are required to be paid during the Term of the Leas~ as and when
the same become due. The City shall not be required to pay any federal, state or. local income,
inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit,
capital stock, corporate, or other similar tax payable by the Authority, its successors or assigns,
unless such tax is made in lieu of or as a substitute for any real estate or other tax upon the
Facility.
The City may, at the City's expense and in the City's name, in good faith contest any such
taxes, assessments, utility and other charges and, in the event of any such contest, may permit the
taxes, assessments or other charges so contested to remain unpaid during the period of such
contest and any appeal therefrom unless the Authority shall notify the City that, in the opinion of
9
Independent Counsel, by nonpayment of any such items the interest of the Authority in the
Facility will be materially endangered or the Facility or any part thereof will be subject to loss or
forfeiture, in which event the City shall promptly pay such taxes, assessments or charges or
provide the Authority with full security against any loss which may result from nonpayment, in
form satisfactory to the Authority.
The City agrees that during the term of this Lease, it will not apply for tax exempt status
for the Land or Facility under real property tax laws of the State.
Section 6.3. Liability Insurance. During the term of this Lease the City shall procure and
maintain continuously in effect with respect to the Facility, insurance against liability for injuries
to or death of any person or damage to or loss of property arising out of or in any way relating to
the maintenance, use or operation of the Facility or any part thereof, and will cause the
Contractors to maintain similar insurance against all similar liabilities on their part prior to the
Completion Date. The Net Proceeds of all such insurance shall be applied toward
extinguishment or satisfaction of the liability with respect to which the insurance proceeds may
be paid. As an alternative to the purchase of liability insurance, the City may self-insure against
such liabilities in accordance with applicable law.
Section 6.4. Indemnity. The City assUfiles all risks and liabilities, whether or not
covered by insurance, for loss or damage to the Facility and for injurY to or death of any person
or damage to any property, whether such injury or death be with respect to agents or employees
of the City or of third parties, and whether such property damage be to the City's property or the
property of others, which is approximately caused by the negligent conduct of the City, its
officers, employees and agents. The City hereby assUfiles responsibility for and agrees to
reimburse the Authority, its officers, agents or employees, for all liabilities, obligations, losses,
damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) of
whatsoever kind and nature, imposed on, incurred by or asserted against the Authority, its
officers, agents or employees that in any way relate to or arise out of the acquisition and
construction of the Project, the operation and maintenance of the Facility, the execution and
performance of this Lease or the authorization, execution and delivery of the Notes, to the
maximUfil extent permitted by law,
Section 6.5. Pro,perty Insurance. Before and after the Completion Date, the City shall
have and assUfile the risk of loss with respect to the Facility. The City shall procure and maintain
continuously in effect during the Term of the Lease with respect to the Facility, hazard insurance
against all risks of physical loss (including, without limitation, fire, extended coverage perils and
vandalism and malicious mischief) in an amount equal to the fun replacement value of the
Facility. The Net Proceeds of Insurance required by this Section shall be applied as provided in
Article VII.
Section 6.6. Worker's Com.pensation Insurance. Ifrequired by State law, the City shall
carry worker's compensation insurance covering all its employees on, in, near' or about the
Facility. Alternatively, the City may self-insure against such liabilities in accordance with
applicable law,
Section 6,7, Other Insurance and Requirements for All Insurance, All insurance required
by this Article may be carried under a separate policy or a rider or endorsement to an existing
policy; shall be taken out and maintained with responsible insurance companies organized under
the laws of one of the states of the United States and qualified to do business in the State; shall
contain a provision that the insurer shall not cancel or revise coverage thereunder without giving
written notice to both parties at least 10 days before the cancellation or revision becomes
10
effective; and shall nante the City and the Authority as insured parties as their interests may
appear. The City shall deposit with the Authority policies evidencing any such insurance
procured by it, or a certificate or certificates of the respective insurers stating that such insurance
is in full force and effect. Before the expiration of any such policy, the City shall furnish to the
Authority evidence that the policy has been renewed or replaced by another policy conforming to
the provisions of this Article.
Section 6,8. Advances. If the City shall fail to perform any of its obligations under this
Lease, the Authority may, but shall not be obligated to, take such action as may be necessary to
cure such failure, including the advancement of money, and the City shall be obligated to repay
all such advances on demand, with interest at the maximum rate permitted by law or 8%,
whichever is less, from the date of the advance to the date of repayment.
Section 6,9, ~. The City shall not, directly or indirectly, create, incur, assume or
suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the
Facility, other than the respective rights of the Authority and the City as herein provided and
Permitted Encumbrances. Except as expressly provided in this Article, the City shall promptly,
at its own expense, take such action as may be necessary duly to discharge or remove any such
mortgage, pledge, lien, charge, encumbrance or claim if the sante shall arise at any time. The
City shall reimburse the Authority for any expense incurred by it in order to discharge or remove
any such mortgage, pledge, lien, charge, encumbrance or claim.
ARTICLE VII
DAMAGE, DESTRUCTION AND CONDEMNATION;
USE OF NET PROCEEDS
Section 7.1. Damage, Destruction and Condemnation. If (i) the Facility or any portion
thereof is destroyed or is damaged by fire or other casualty or (ii) title to or the temporary use of
the Facility or any part thereof, or the interest of the City or the Authority in the Facility or any
part thereof, shall be taken under the exercise of the power of eminent domain by any
governmental body or by any person, firm or corporation acting under governmental authority,
the City shall have the rights specified in this Section with respect to the Net Proceeds of any
insurance or condemnation award. The City shall either apply such Net Proceeds to the prompt
repair, restoration, modification or improvement of the Facility and shall be obligated to continue
to pay the Rental Payments or the City shall exercise its option to purchase the Facility pursuant
to the terms of the Option Agreement, in which event the Net Proceeds may be used for such
purpose. The City shall notify the Authority within 90 days of the date of dantage, destruction or
taking as to its decision regarding restoration or purchase. In the event the City determines to
repair and restore the Facility, the Authority shall assign to the City all of its interests in said Net
Proceeds.
Section 7.2. Insufficiency of Net Proceeds, If the City elects to repair and restore the
Facility and the Net Proceeds are insufficient to pay in full the cost of any repair and restoration,
the City shall complete the work and pay any cost in excess of the amount of the Net Proceeds,
and the City agrees that ifby reason of any such insufficiency of the Net Proceeds the City shall
make any payments pursuant to the provisions of this Section 7,2, the City shall not be entitled to
any reimbursement there for from the Authority nor shall the City be entitled to any diminution
ofthe Rental Payments due with respect to the Facility,
11
Section 7.3. Cooperation of Authority. The Authority shall cooperate fully with the City
at the expense of the City in filing any proof of loss with respect to any insurance policy
covering the casualties described in Section 7.1 hereof and in the prosecution or defense of any
prospective or pending condemnation proceeding with respect to the Facility or any part thereof
and will, to the extent it may lawfully do so, permit the City to litigate in any proceeding
resulting therefrom in the name of and on behalf of the Authority. In no event will the Authority
voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance
claim or any prospective or pending condemnation proceeding with respect to the Facility or any
part thereof without the written consent of the City.
Section 7.4. Destruction or Condemnation of Other Property Owned by City. The City
shall be entitled to the Net Proceeds of any insurance claim or condemnation award or portion
thereof made for destruction of, damage to or taking of its property not included in the Facility.
ARTICLE VIII
CITY'S EQUIPMENT; WARRANTIES; DISCLAIMER
Section 8.1. Installation of City's Equipment. The City may :at any time and from time-
to time during the Term of this Lease, in its sole discretion and at its own expense, install items
of movable machinery and equipment in or upon the Facility. All such items shall remain the
sole property of the City, in which the Authority shall have no interest, and may be modified or
removed by the City at any time provided that the City shall repair and restore any and all
damage to the Facility resulting from the installation, modification or removal of any such items,
Nothing in this Lease shall prevent the City from purchasing items to be installed pursuant to this
Section under a conditional sale or lease with option to purchase contract, or subject to a vendor's
lien or security agreement, as security for the unpaid portion of the purchase price thereof,
provided that no such lien or security interest shall attach to any part of the Facility.
Section 8.2. Design of Project. The design of the Project, the Architect, the Construction
Manager and the Contractors have been or will be selected by the City, and the Authority shall
have no responsibility in connection with the selection thereof, the: design of the Project, its
suitability for the use intended by the City, or the performance by the Architect, the Construction
Manager or the Contractors in acquiring and constructing the Project.
Section 8.3. Installation and Maintenance of Project. The Authority shall have no
obligation to install, erect, test, inspect, service or maintain the P~ject or the Facility, or any
portion thereof, under any circumstances, but such actions shall be the obligation of the City in
accordance with the provisions of this Lease.
Section 8.4. Warranties. The Authority hereby assigns to the City for and during the
Term of the Lease, all of its interest, if any, in all warranties and guarantees or other contract
rights against the Architect, the Construction Manager and the Contractors, express or implied,
issued on or applicable to the Project or the Facility, and the Authority hereby authorizes the City
to obtain the customary services furnished in connection with such warranties and guarantees at
the City's expense.
Section 8.5, Disclaimer of Warranties. THE AUTHORITY MAKES NO WARRANTY
OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN,
CONDITION, MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR
FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROJECT OR THE
12
FACILITY, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO
THE PROJECT OR THE FACILITY.
ARTICLE IX
ASSIGNMENT AND LEASING
Section 9.1. Assi~ent by Authority. The Authority shall not assign its obligations
under this Lease, and no purported assignment thereof shall be effective. However, all of the
Authority's right, title and/or interest in and to this Lease, the Rental Payments and other
amounts due hereunder may be assigned to the purchaser of the Series 1998 Note and the City
hereby consents to such assignment made by the Authority pursuant to the documents relating to
the Series 1998 Note.
Section 9.2. Assi~ent and Subleasing by City. The City may not assign its rights or
obligations under this Lease to any person during the Tenn of the Lease. The City shall,
however, be permitted to enter into such arrangements with the School District or the Steering
Committee created pursuant to the Joint Powers Agreement as may be necessary to make the
Facility available for use in connection with the City's and School District's community
education program.
The City shall not enter any assignment or sublease or pennit any use of the Facility that
would cause the interest on the Series 1998 Note to be included in income of the recipient
thereof for purposes of State or Federal income taxes.
ARTICLE X
EVENTS OF DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined. The following shall be "events of default"
under this Lease and the tenns "events of default" and "default" shall mean, whenever they are
used in this Lease, with respect to the Facility, anyone or more of the following events:
(i)
(ii)
Failure by the City to pay any Rental Payment or other payment required to be
paid hereunder at the time specified herein and the continuation of said failure for
a period of five (5) business days after telephonic or telegraphic notice given by
the Authority that the payment referred to in such notice has not been received,
such telephonic or telegraphic notice to be subsequently continned in writing, or
after written notice.
Failure by the City to observe and perfonn any covenant, condition or agreement
on its part to be observed or perfonned, other than as referred to in clause (i) of
this Section, for a period of thirty (30) days after written notice specifying such
failure and requesting that it be remedied has been given to the City by the
Authority, unless the Authority shall agree in writing to an extension of such time
prior to its expiration; provided, however, if the failure stated in the notice cannot
be corrected within the applicable period, the Authority will not unreasonably
withhold its consent to an extension of such time if corrective action is instituted
by the City within the applicable period and diligently pursued until the default is
corrected.
13
(iii) The filing by the City of a voluntary petition in bankruptcy, or failure by the City
promptly to lift any execution, garnishment or attachment of such consequence as
would impair the ability of the City to carry on its operations at the Facility, or
adjudication of the City as a bankrupt, or assignment by the City for the benefit of
creditors, or the entry by the City into an agreement of composition with
creditors, or the approval by a court of competent jurisdiction of a petition
applicable to City in any proceedings instituted under the provisions of the
Federal Bankruptcy Statute, as amended, or under any similar acts which may
hereafter be enacted.
The provisions of this Section 10.1 and Section 10.2 are subject to the following
limitation: if by reason of force mlljeure the City is unable in whol(: or in part to carry out its
obligations under this Lease with respect to the Facility, other than the obligation of the City to
pay Rental Payments with respect thereto which shall be paid when due notwithstanding the
provisions of this paragraph, the City shall not be deemed in default during the continuance of
such inability or during any other delays which are a direct consequence of the force majeure
inability. The term "force m<ljeure" as used herein shall mean, without limitation, the following:
acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or
restraints of any kind of the government of the United States of America or the State of
Minnesota or any of their respective departments, agencies or officials, or any civil or military
authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods;
explosions; or any other cause or event not reasonably within the control of the City and not
resulting from its negligence. The City agrees, however, to remedy with all reasonable dispatch
the cause or causes preventing it from carrying out its obligations under this Lease; provided that
the settlement of strikes, lockouts and other employment disputes shall be entirely within the
discretion of the City.
Section 10.2. Remedies on Default. Whenever any event of default referred to in Section
10.1 hereof shall have happened and be continuing with respect to the Facility, the Authority
shall have the right, at its option, to take one or any combination of the following remedial steps:
(i) Cancel and terminate this Lease by written notice in accordance with law, re-enter
and take possession of the Facility, and the Project and all improvements thereto,
and all prior Rental Payments made hereunder by the City, shall belong to the
Authority as liquidated damages; or
(ii) Take whatever action at law or in equity may appear necessary or desirable to
collect the Rental Payments then due and thereafter to become due during the then
current Fiscal Year of the City with respect to the Facility, or enforce perfonnance
and observance of any obligation, agreement or covenant of the City under this
Lease.
Section 10.3. Surrender of Facility. Upon the tennination of this Lease as' aforesaid, the
City shall surrender possession of the Facility to the Authority in the condition, repair,
appearance and working order required in Section 6.1.
Section lOA. Delay: Notice. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often as
may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in
this Lease it shall not be necessary to give any notice, other than such notice as may be required
in this Lease or by law.
14
Section 10.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to
the Authority is intended to be exclusive and every such remedy shall be cumulative and shall be
in addition to every other remedy given under this Lease or now or hereafter existing at law or in
equity. No delay or omission to exercise any right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time and as often as may be deemed expedient.
Section 10.6. Agreement to Pay Attorneys' Fees and EJ\penses. In the event either party
to this Lease should default under any of the provisions hereof and the nondefaulting party
should employ attorneys or incur other expenses for the collection of moneys or the enforcement
or perfonnance or observance of any obligation or agreement on the part of the defaulting party
herein contained, the defaulting party agrees that it will on demand therefor pay to the
nondefaulting party the reasonable fee of such attorneys and such other expenses so incurred by
the nondefaulting party.
Section 10.7. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Lease should be breached by either party and thereafter waived by the other
party, such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other breach hereunder.
ARTICLE XI
TITLE; OPTION TO PURCHASE
Section 11.1. ~. During the Tenn of the Lease, legal title to the Facility and any and
all repairs, replacements, substitutions and modifications to it shall be in the Authority, subject to
the City's interests under this Lease.
Section 11.2. Option to Purchase Facility. The City shall have the option to purchase the
Facility at any time subsequent to the issuance of the Series 1998 Note upon deposit with the
Authority, on or before the closing date, of One Dollar plus, to the extent required, a sum of cash
or securities issued or guaranteed by the United States or both, sufficient, when added to the
amounts on deposit in the Note Fund and available for this purpose, to discharge all Series 1998
Note. To exercise its option hereunder, the City shall notify the Authority in writing, stating a
date of closing not less than 45 nor more than 90 days from the date of such notice.
Section 11.3. Closing Arrangements. (a) At the closing, which shall be held at the
principal office of the Authority, or such other place as the parties may mutually select, the
Authority shall convey to the City all of its right, title and interest in and to the Facility, subject
to:
(1) those liens and encumbrances, if any, created, permitted or acquiesced in by the
City, or to the creation of which the Authority did not consent;
(2) those liens and encumbrances, if any, resulting from the failure of the City to
perfonn or observe any of its agreements in this Lease Agreement;
(3) Pennitted Encumbrances other than this Lease Agreement; and
(4) the rights and title of the condemning authority if the option is exercised upon the
event of eminent domain.
15
(b) The Authority shall convey all of its right, title and interest in and to the Facility
by quit claim deed and bill of sale, which deed and bill of sale shall be delivered upon payment
by the City to the Authority of the purchase price specified above, for deposit to the account of
the Authority in the Note Fund. The City shall pay all costs and expenses of the preparation of
the deed and bill of sale and the delivery thereof and all taxes and charges payable in connection
with the conveyance.
(c) The City shall take the Facility subject to all applicable laws or ordinances, rules
or regulations of governmental authority.
(d) In the event the City exercises its option to purchase hereunder, and the amount
on hand in the Note Fund is greater than the required purchase price, the City shall be entitled to
receive the excess at the time of closing.
Section 1104. Prerequisite. No Default. The City may exercise the rights specified in
Sections 11.1 and 11.2 above only if it is not in default under this Lease Agreement.
ARTICLE XII
ADMINISTRATIVE PROVISIONS
Section 12.1. Notices. All notices, certificates or other communications hereunder shall
be sufficiently given and shall be deemed given on the earlier of (i) delivery or (ii) three days
following deposit in the United States mail in certified fonn with postage fully prepaid to the
addresses shown in the first paragraph hereof. The Authority and the City, by notice given
hereunder, may designate different addresses to which subsequent notices, certificates or other
communications will be sent.
Section 12.2. Binding Effect. This Lease shall inure to the benefit of and shall be
binding upon the Authority and the City and their respective successors and assigns.
Section 12.3 Severability. In the event any provision of this Lease shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 1204. Amendments. Changes and Modifications. This Lease may be amended or
any of its tenns modified only by written amendment authorized and executed by the City and
the Authority.
Section 12.5. Further Assurances and Corrective Instruments. The Authority and the
City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further irtstruments as
may reasonably be required for correcting any inadequate or incorrect description of the Facility
hereby sold or intended so to be or for carrying out the expressed intention ofthis Lease.
Section 12.6. Execution Counter:parts. This Lease may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 12.7. Applicable Law. This Lease shall be governed by and construed in
accordance with the laws of the State.
16
Section 12.8. Captions. The captions or headings in this Lease are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or Sections of this
Lease.
17
IN WITNESS WHEREOF, the Authority has caused this Lease to be executed in its
corporate name by its duly authorized officers and the City has caused this Lease to be executed
in its name by its duly authorized officers as of the date first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF HASTINGS
(SEAL)
By:
Its: Chairperson
By:
Its: Executive Director
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This instrument was acknowledged before me on the day of
, 1998 by Arden Sanstead and John Grossman, the Chairperson and Executive
Director, respectively, of the Hastings Housing and Redevelopment Authority, a Minnesota
political subdivision, on behalf of the political subdivision.
Notary Public
CITY OF HASTINGS, MINNESOTA
(SEAL)
By:
Its: Mayor
By:
Its: Administrator
STATE OF MINNESOTA)
)ss.
COUNTY OF )
This instrument was acknowledged before me on the __ day of , 1998
by and the Mayor and Administrator, respectively,
of the City of Hastings, Minnesota, a Minnesota political subdivision, on behalf of. the political
subdivision. '
Notary Public
18
EXHmIT A
LEGAL DESCRIPTION OF LAND
PARCEL A
Lot 6 except the South 70 feet thereof and an undivided Y2 interest in Lot 5, except the South 100
Feet thereof, all in Block 15, Town of Hastings, according to the recorded plat thereof.
(Abstract Property)
PARCEL B
An undivided Y2 interest in the South 100 feet oflot 5, Block 15, Town of Hastings, according to
the recorded plant thereof.
(Torrens Property)
EXHIBIT B
RENTAL PAYMENT SCHEDULE
AMORTIZATION
References in the sheded eree ere for Lender's use only end do not limit the epplicability of this document to eny perticuler loen or item.
Borrower: HOUSING II. REDEVB.OPMENT AUTHORITY IN AND
FOR CITY OF HASTINGS
101 E 4TH ST
HASTINGS, MN 55033
Lender: FIRST NATIONAl BANK
119 Weet Second Street
Hastinll'l, MN 55033
Disbursement Dete: November 2, 1998 Repeyment Schedule: 88l1oon
Intereet Rete: 6.000 Celculetion Method: 365/360 US Rule
Peyment Peyment Peyment Inte,.et Principel Remaining
Number Dete Amount Peid Peid Balence
12-02-1998 1,527.35 900.00 627.35 179,372.65
1998 TOTALS: 1,527.35 900.00 627.35
2 01-02-1999 1,527.35 926.76 600.59 178,772.06
3 02-02-1999 1,527.35 923.66 603.69 178,168.37
4 03-02-1999 1,527.35 831.45 695.90 177,472.47
5 04-02-1999 1,527.35 916.94 610.41 176,862.06
6 05-02-1999 1,527.35 884.31 643.04 176,219.02
7 06-02-1999 1,527.35 910.46 616.89 175,602.13
8 07-02-1999 1,527.35 878.01 649.34 174,952.79
9 08-02-1999 1,527.35 903.92 623.43 174,329.36
10 09-02-1999 1,527.35 900.70 626.65 173,702.71
11 10-02-1999 1,527.35 868.51 658.84 173,043.87
12 11-02-1999 1,527.35 894.06 633.29 172,410.58
13 12-02-1999 1,527.35 862.05 665.30 171,745.28
1999 TOTALS: 18,328.20 10,700.83 7,627.37
14 01-02-2000 1,527.35 887.35 640,00 171,105.28
15 02-02-2000 1,527.35 884.04 643.31 170,461.97
16 03-02-2000 1,527.35 823.90 703.45 169,758.52
17 04-02-2000 1,527.35 877 .09 650.26 169,108.26
18 05.02-2000 1 ,527.35 845.54 681.81 168,426.45
19 06-02-2000 1,527.35 870.20 657.15 167,769.30
20 07-02-2000 1,527.35 838.85 688.50 167,080.80
21 08-02-2000 1,527.35 863.25 664.10 166,416.70
22 09-02-2000 1,527.35 859.82 667.53 165,749.17
23 10-02-2000 1,527.35 828.75 698.60 165,050.57
24 11-02-2000 1,527.35 852.76 674.59 164,375.98
25 12-02-2000 1,527.35 821.88 705.47 163,670.51
2000 TOTALS: 18.328.20 10,253.43 8.074.77
26 01-02-2001 1,527.35 845.63 681.72 162,988.79
27 02-02-2001 1,527.35 842.11 685.24 162,303.55
28 03-02-2001 1,527.35 757.42 769.93 161,533.62
29 04-02-2001 1,527.35 834.59 692.76 160,840.86
30 05-02-2001 1,527.35 804.20 723.15 160,117.71
31 06-02-2001 1,527.35 827.27 700.08 159,417.63
32 07-02-2001 1,527.35 797.09 730.26 158,687.37
33 08-02-2001 1,527.35 819.88 707.47 157,979.90
34 09-02-2001 1,527.35 816.23 711.12 157,268.78
35 10-02-2001 1,527.35 786.34 741.01 156,527.77
36 11-02-2001 1,527.35 808.73 718.62 155,809.15
37 12-02-2001 1,527.35 779.05 748.30 155,060.85
2001 TOTALS: 18,326.20 9,716.54 8,609.66
38 01-02-2002 1,527.35 801.15 726.20 154,334.65
39 02-02-2002 1,527.35 797.40 729.95 153,604.70
40 03-02-2002 1,527.35 716.82 810.53 152,794.17
41 04-02-2002 1,527.35 789.44 737.91 152,056.26
42 05-02-2002 1,527.35 760,28 767.07 151,289.19
43 06-02-2002 1,527.35 781.66 745.69 150,543.50
44 07-02-2002 1,527.35 752.72 774.63 149,768.87
45 08-02-2002 1,527.35 773.81 753.54 149,015.33
46 09-02-2002 1,527.35 769.91 757.44 148,257.89
47 10-02-2002 1,527.35 741.29 786.06 147,471.83
48 11-02-2002 1,527.35 761.94 765.41 146,706.42
49 12-02-2002 1,527.35 733.53 793.82 145,912.60
=
AMORTIZATION Page 2
(Continued)
2002 TOTALS: 18,328.20 9,179.95 9,148.25
50 01-02-2003 1,527.35 753.88 173.47 145,139.13
51 02-02-2003 1,527.35 749.89 717 .46 144,361.67
52 03-02-2003 1,527.35 673.69 853.66 143,508.01
53 04-02-2003 1,527.35 741.46 785.89 142,722.12
54 05-02-2003 1,527.35 713.61 813.74 141,908.38
55 06-02-2003 1,527.35 733.19 794.16 141,114.22
56 07-02-2003 1,527.35 705.57 821.78 140,292.44
57 08-02-2003 1,527,35 724.84 802.51 139,489.93
58 09-02-2003 1,527.35 720.70 806.65 138,683.28
59 10-02-2003 1,527.35 693.42 833.93 137,849.35
60 11-02-2003 1,527.35 712.22 815.13 137,034.22
61 12-02-2003 1,527.35 685.17 842.18 136,192.04
2003 TOTALS: 18,328.20 8,607.64 9,720,56
62 01-02-2004 1,527.35 703.66 823.69 135,368.35
63 02-02-2004 1,527.35 699.40 827.95 134,540.40
64 03-02-2004 1,527.35 650.28 817 .07 133,663.33
65 04-02-2004 1,527.35 690.59 836.76 132,826.57
66 05-02-2004 1,527.35 664.13 863.22 131,963.35
67 06-02-2004 1,527.35 681.81 845.54 131,117.81
138 07-02-2004 1,527.35 655.59 871.76 130,246.05
69 08-02-2004 1,527.35 672,94 854.41 129,391.64
70 09-02-2004 1,527.35 668.52 858.83 128,532.81
71 10-02-2004 1,527.35 642.66 884.69 127,648.12
72 11-02-2004 1,527.35 659.52 867.83 126,780.29
73 12-02-2004 1,527.35 633.90 893.45 125,886.84
2004 TOTALS: 18,328.20 8,023.00 10,305.20
74 01-02-2005 1,527.35 650.42 876.93 125,009.91
75 02-02-2005 1,527.35 645.88 881.47 124,128.44
76 03-02-2005 1,527.35 579.27 948.08 123,180.36
17 04-02.2005 1,527.35 636.43 890.92 122,289.44
78 05-02-2005 1,527.35 611.45 915.90 121,373.54
79 06-02-2005 1,527.35 627.10 900.25 120,473.29
80 07-02-2005 1,527,35 602.37 924.98 119,548.31
81 08-02-2005 1,527.35 617.67 909.68 118,638.63
82 09-02-2005 1,527.35 612.97 914.38 117,724.25
83 10-02-2005 1,527.35 588.62 938.73 116,785.52
84 11-02-2005 1,527.35 603.39 923.96 115,861.56
85 12-02-2005 1,527.35 579.31 948.04 114,913.52
005 TOTALS: 18.328.20 7,354.88 10,973.32
86 01-02-2006 1,527.35 593.72 933.63 113,979.89
87 02-02-2006 1,527.35 588.90 938.45 113,041.44
88 03-02-2006 1,527.35 527.53 999.82 11 2,041 .62
89 04-02-2006 1,527.35 578.88 948.47 111,093.15
90 05-02-2006 1,527.35 555.47 971.88 110,121.27
91 06-02-2006 1,527.35 568.96 958.39 109,162.88
92 07-02-2006 1,527.35 545.81 981.54 108,181.34
93 08-02-2006 1,527.35 558.94 968.41 107,212.93
94 09-02-2006 1,527.35 553.93 973.42 106,239.51
95 10-02-2006 1,527.35 531.20 996.15 105,243.36
96 11-02-2006 1,527.35 543.76 983.59 104,259.17
97 12-02-2006 1,527.35 521.30 1,006.05 103,253.72
2006 TOTALS: 18,328.20 6,668.40 11,659.80
98 01-02-2007 1,527.35 533.48 993.87 102,259.85
99 02-02-2007 1,527,35 528.34 999.01 101,260.84
100 03-02-2007 1,527.35 472.55 1,054.80 100,206.04
101 04-02-2007 1,527.35 517.73 1,009.62 99,196.42
102 05-02-2007 1,527.35 495.98 1,031.37 98,165.05
103 06-02-2007 1,527.35 507.19 1,020.16 97,144.89
104 07-02-2007 1,527.35 485.72 1,041.63 96,103.26
105 08-02-2007 1,527.35 496.53 1,030.82 95,072.44
106 09-02-2007 1,527.35 491.21 1,036.14 94,036.30
107 10-02-2007 1,527.35 470.18 1,057,17 92,979,13
108 11-02-2007 1,527.35 480.39 1,046.96 91,932.17
109 12-02-2007 1,527.35 459.66 1,067.69 90,864.48
2007 TOTALS: 18.328.20 5.938.96 12.389.24
110 01-02-2008 1,527.35 469.47 1 ,057.88 89,806.60
111 02-02-2008 1,527.35 464.00 1,063.35 88,743.25
112 03-02-2008 1,527.35 428.93 1,098.42 87,644.83
113 04-02-2008 1,527.35 452.83 1,074.52 86,570.31
AMORTIZATION
(Continued)
Page 3
114
115
116
117
118
119
120
05.{)2.2008
06-02-2008
07'{)2-2oo8
08'{)2-2oo8
09'{)2-2oo8
10-02-2008
11-02-2008
1,527.35
1,527.35
1,527.35
1,527.35
1,527.35
1,527.35
80,376.14
95.649.64
432.85
441.63
421.95
430.30
424.64
405.42
413.14
1,094.50
1,085.72
1,105.40
1,097.05
1,102.71
1,121.93
79,963.00
90,864.48
85.475.81
84,390.09
83,284.69
82,187.64
81,084.93
79,963.00
0.00
2008 TOTALS:
4,785.16
TOTALS:
NOTICE:
262,130.79
82.130.79
180,000.00
This is an estimated loan amortization schedule. Actual amounts may vary if payments are mede on different dates or in different
amounts.
tel ,... CFI .......__..... No Iigh..-.-.
EXHmIT C
COMPLETION CERTIFICATE
The undersigned, being a duly appointed City Representative under the Lease
Agreement, dated as of , 1998 (the Lease), between the Hastings Housing and
Redevelopment Authority (the Authority) and the City of Hastings, Minnesota (the City), hereby
certifies on behalf of the City with respect to the Project to be constructed under said Lease, that
the Project has constructed pursuant to and in accordance with said Lease and the Plans and
Specifications.
Dated
,199_
CITY OF HASTINGS
By:
City Representative
.....
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF HASTINGS, MINNESOTA
RESOLUTION NO. 98-
RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE
FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE
OF ITS $180,000 MUNICIPAL FACILITES LEASE REVENUE NOTE AND
AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION
THEREWITH.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING
AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HASTINGS (the
"Authority") AS FOLLOWS:
Section 1. Authorization; Award of Sale,
1.01. Authorization. The Hastings Housing and Redevelopment Authority (the
"Authority") was created by resolution of the City Council of the City of Hastings (the "City")
pursuant to Minnesota Statutes, sections 469.001-469.047 (the "Act''). Pursuant to the Act the
Authority has the legal authority to issue its revenue obligations payable from specified revenues
designated in the resolution authorizing the issuance of the obligations and to use the proceeds of
the revenue obligations to finance the acquisition, construction and equipping of facilities that
the Authority determines .should be financed to further the purposes for which the Authority was
created.
The City and Independent School District No. 200 (the "School District") have entered
into a Joint Powers Agreement (the "Joint Powers Agreement") dated as of February 5, 1997
pursuant to Minnesota Statutes. Section 471.59, The Joint Powers Agreement provides for the
operation of a community education program within the City pursuant to Minnesota Statutes,
121.85. The City has requested that the Authority acquire certain real property (the "Land") and
finance the renovation and rehabilitation of an approximately 3,200 square foot building thereon
(as hereinafter defined, the "Project", and, together with the Land and existing building, the
"Facility") to be used by the City in connection with the City's and School District's community
education program. The City and the Authority have negotiated the terms of a Lease Agreement
(the "Lease") pursuant to which the City would lease the Facility from the Authority.
The Land is located within a redevelopment project undertaken by the Authority pursuant
to Minnesota Statutes, sections 469.001-.047 in order to stimulate redevelopment and
development within an area of the City, and the Authority and City have determined that the
proposal as presented by the City is in the best interests of the Authority and the residents of the
City of Hastings and will facilitate economic development and other activities to be conducted
by the Authority within the City. The City has requested that the Authority issue its $180,000
Municipal Facilities Lease Revenue Note, Series 1998, to provide funds to acquire the Facility
and finance the Project.
Rjdlbonds/hastings senior resolution
The Authority has determined that entering into the Lease and issuing its $180,000 Municipal
Facilities Lease Revenue Note, Series 1998 (the "Note") is in the best interests of the City and
the Authority.
The Authority has received an offer from First National Bank (the "Purchaser") to
purchase the Note at a price of par plus accrued interest to the date of delivery for a Note bearing
interest at a net effective interest rate of 6.0% per annum to maturity. The Authority finds that
the offer by the Purchaser is a reasonable one and is hereby accepted.
1.02. Issuance. Sale and Tenns of the Note, The Note shall be dated as of November 2,
1998, shall be issued in the principal amount of $180,000.00 and shall be issued to Purchaser in
consideration for and at such time as the Purchaser pays to the Authority the purchase price for
the Note plus accrued interest.
1.03. Optional Redemption. The Authority may elect to prepay the Note in whole or in
part on any date after the date of issuance. Prepayment will be at :a price of par plus accrued
interest.
1.04. Execution of Documents. The appropriate officers of the Authority are hereby
authorized to execute all necessary documents relative to the issuance of the Note, including,
without limitation, the Lease, the Note and the mortgage proposed by the Purchaser securing the
payment of the Note.
Section 2. Fonn of Notes. The Note shall be in substantially the fonn set forth on Exhibit
A to this Agreement, with the blanks to be properly filled in.
Section 3. Tenns. Execution and DeliveJy.
3,01. Denomination. Payment. The Note shall be issued in the amount of$180,000.
The Note shall be issuable only in fully registered fonn, Principal of and interest on the
Note shall be payable by check or draft issued by the Registrar described herein, Payments shall
be made in accordance with the attached schedule.
3.02. Dates: Interest Payment Dates. The Note shall be dated as of the last interest
payment date preceding the date of authentication to which interest on the Note has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case such Note shall be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case such Note shall be dated as of the date of original issue. Principal
of and interest on the Note shall be payable to the owner of record thereof as of the close of
business on the fifteenth day of the month preceding the interest payment date, whether or not
such day is a business day.
2
3,03. Registration. The Authority appoints the Authority's Executive Director as Note
Registrar. The effect of registration and the rights and duties of the Authority and the Registrar
with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal office a Note register in which the
Registrar shall provide for the registration of ownership of the Note and the registration of
transfers or exchanges of the Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in fonn satisfactory
to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized
by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, a new Note of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may close the books for registration of
any transfer after the fifteenth day of the month preceding each interest payment date and until
such interest payment date. Notwithstanding the foregoing, the Note shall not be transferable or
assignable, in whole or in part, by the registered owner unless the Registrar has been furnished
with an opinion of legal counsel acceptable to the Registrar and the Authority that all state and
federal securities registration laws and regulations have been satisfied with respect to such
transfer,
(c) Cancellation. The Note surrendered upon any transfer shall be promptly canceled by the
Registrar and thereafter disposed of as directed by the Authority.
(d) ImprQper or Unauthorized Transfer. When any Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on
such Note or separate instrument of transfer is valid and genuine and the requested transfer is
legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make
transfers which it, in its judgment, deems improper or unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name the Note is at any time registered in the Note register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of or interest on such Note and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order shall be valid and
effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the
sum or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange ofthe Note, the Registrar may
impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or
other governmental charge required to be paid with respect to such transfer or exchange and
reasonable legal fees and other costs incurred in connection therewith.
(g) Mutilated. Lost, Stolen or Destroyed Notes. In case any Note shall become mutilated or
be lost, stolen, or destroyed, the Registrar shall deliver a new Note oflike amount, maturity dates
and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in
3
lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a
Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that
such Note was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in fonn, substance, and amount satisfactory to it,
in which both the Authority and the Registrar shall be named as obligees. All Notes so
surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be
given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or
been called for redemption in accordance with its terms, it shall not be necessary to issue a new
Note prior to payment.
(h) Redemption. In the event the Note is called for redemption in whole, notice thereof
will be given by the Registrar by mailing a copy of the redemption notice by first class mail
(postage prepaid) not more than 120 and not less than 30 days prior to the date fixed for
redemption to the registered owner of the Note to be redeemed at the address shown on the
registration books kept by the Registrar. The Note when so called for redemption will cease to
bear interest after the specified redemption date, provided that the funds for the redemption are
on deposit with the Registrar at the place of payment at the time. The Note may be prepaid in
part on any date after the date its issuance. Partial prepayment may be accomplished by the
tender of the amount of the prepayment together with a written statement by the Authority
indicating that such amount is to be applied to the prepayment of the principal amount of the
Note.
3.04. Pr<a1aration aud Delive1Y. The Note shall be prepared under the direction of the
Executive Director of the Authority and shall be executed on behalf of the Authority by the
manual signatures of its Chairperson and Executive Director. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Notes shall cease to be such
officer before the delivery of the Notes, such signature or facsimile shall nevertheless be valid
and sufficient for all purposes, the same as if such officer had remained in office until delivery.
Notwithstanding such execution, the Note shall not be valid or obligatory for any purpose or
entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on such Notes has been duly executed by the manual signature of an authorized
representative of the Registrar. The executed certificate of authentication on the Note shall be
conclusive evidenced that it has been authenticated and delivered under this resolution. When a
Note has been so executed and authenticated, it shall be delivered by the
Executive Director to the Purchaser thereof upon payment of the purchase price,
Section 4. Funds and Accounts. There is hereby created a special fund to be
designated the "Municipal Facilities Lease Revenue Note, Series 1998 Fund" (the "Fund") to be
administered and maintained by the Authority's Treasurer as a bookkeeping account separate and
apart from all other funds maintained in the official financial records of the Authority. The Fund
shall be maintained in the manner herein specified until all of the Bonds and the interest thereon
have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be
designated the "Project Acquisition Fund" and "Note Fund" respective:ly.
4
4.01 Project ACQ.uisition Fund. All proceeds of the sale of the Note shall be
received by the Authority's Executive Director and credited to the Project Acquisition Fund,
from which there shall be paid all costs and expenses of acquiring the Facility and constructing
the Project, including the cost of any construction contracts heretofore let and all other costs
incurred and to be incurred of the kind authorized in Minnesota Statutes, sections 469.001-.047
and section 475.65, The moneys in the Project Acquisition Fund shall be used solely for the
purposes herein set forth and for no other purpose, except that any moneys remaining in the
Project Acquisition Fund after payment in full of the cost of the Project may shall be transferred
to the Note Fund.
4.02. Note Fund. There shall be maintained a Note Fund to be designated the "Note
Fund". There are hereby irrevocably appropriated and pledged to, and there shall be credited to
the Note Fund: (1) Revenues generated under the Lease and pledged pursuant to 4.03 of this
Resolution; (2) all accrued interest received upon the delivery of the Bonds; (3) any amount over
the minimum purchase price of the Bonds paid by the Purchaser; (4) all funds remaining in the
Project Acquisition Fund after completion of the Project and payment of the costs thereof, not so
transferred to the account of another improvement; (5) all investment earnings on funds held in
the Note Fund, The amount of any surplus remaining in the Note Fund when the Note is paid
shall be used consistent with Minnesota Statutes, Section 475.61, subd. 4.
The moneys in the Note Fund shall be used solely to pay the principal of and interest on the
Note,
4.03 Pledge. There is hereby pledged to the Note Fund all payments received by the
Authority from the City under the Lease, including, without limitation, Rental Payments,
condemnation awards and insurance payments, but excluding amounts paid to the Authority to
reimburse the Authority for advances or expenses paid or incurred by the Authority using funds
other that the proceeds of the Note.
Section 5. Certification of Proceedings.
5.01 Certification of Proceedings. The officers of the Authority are hereby authorized and
directed to prepare and furnish to the purchaser of the Note and to Bradley & Deike, P. A., Note
Counsel, certified copies of all proceedings and records of the Authority, and such other
affidavits, certificates, and infonnation as may be required to show the facts relating to the
legality and marketability of the Note 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, c~ificates and
affidavits, including any heretofore furnished, shall be deemed representations of the Issuer as to
the facts recited therein,
Section 6.
Tax Covenants.
6.01. The Authority covenants and agrees with the holders from time to time of the Note
that it will not take or pennit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Note to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated
5
thereunder, in effect at the time of such actions, and that it will 1take or cause its officers,
employees or agents to take, all affirmative action within its power that may be necessary to
ensure that such interest will not become subject to taxation under the Code and applicable
Treasury regulations, as presently existing or as hereafter amended and made applicable to the
Note.
6,02. (a) The Authority will comply with requirements necessary under the Code to
establish and maintain the exclusion from gross income of the interest on the Note under Section
103 of the Code, including, without limitation, requirements relating to temporary periods for
investments, limitations on amounts invested at a yield greater than the yield on the Note, and the
rebate of excess investment earnings to the United States if the Note (together with other
obligations reasonably expected to be issued in calendar year 1998) exceed the small-issuer
exception amount of$5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the Authority finds, determines and declares that the aggregate face amount
of the tax-exempt bonds (other than private activity bonds) issued by the Authority (and all
subordinate entities of the Authority) during the calendar year in which the Note is issued and
outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning
of Section 148(f)(4)(D) ofthe Code.
6.03. The Authority further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be "private
activity bonds" within the meaning of Section 103 and 141 through 150 of the Code.
6.04. In order to qualify the Note as a "qualified tax-exempt obligation" within the
meaning of Section 265(b )(3) of the Code, the Authority makes the fhllowing factual statements
and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 ofthe Code;
(b) the Authority hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the Authority (and all subordinate l?fltities of the
Authority) during calendar year 1998 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the: Authority during calendar
year 1998 have been designated for purposes of Section 265(b)(3) of the Code,
6.05. The Authority will use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designations made by this section.
6
Section 7. Severability. If any provision of this Resolution shall be held or deemed
to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any
jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any
provisions of any constitution or statute or rule or public policy, or for any other reason, such
circumstances shall not have the effect of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of rendering any other provision or
provisions herein contained invalid, inoperative or unenforceable to any extent whatever. The
invalidity of anyone or more phrases, sentences, clauses or paragraphs in this Resolution
contained shall not affect the remaining portions of this Resolution or any part thereof
Section 8. Headings, Headings in this Resolution are included for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of any
provisions hereof
Adopted this 19th day of October, 1998.
Chairperson
Secretary
7
EXHmIT A
Form of Note
PROMISSORY NOTE
Borrower: HOUSING & REDEVELOPMENT AUTHORITY IN AND
FOR CITY OF HASTINGS (TIN: 416005220)
101 E 4TH ST
HASTINGS, MN 55033
Lender: FIRST NATIONAL BANK
119 West Second Street
Hastings, MN 55033
Principal Amount: $180,000.00 Interest Rate: 6.000% Date of Note: November 2, 1998
PROMISE TO PAY. HOUSING & REDEVELOPMENT AUTHORITY IN AND FOR CITY OF HASTINGS ("Borrower") promises to pay to FIRST
NATIONAL BANK ("'l.ender"), or order, In lawful money of the UnUed Stales of AmerIc8, the prlnclPlllIIIOUIlt of One Hundred Bghty ThousInd
& oonoo Dollars ($180,000.00), together With Interest at the rate of 6.000% pet' annum on the unpeIcI princiPII balance from November 2, 1998,
unUl peId In full.
PAYMENT. Borrower will pay this loan In 119 regular paymenls of $1,527.35 each and one Irregulartast payment estimated at $80,378.14.
Borrower's first payment Is due December 2, 1998, and all subsequent paymenls are due on the same day of each month efter that.
Borrower's final payment due November 2, 2008, will be for all principal and alllICCrIIed Interest not yet paid. PlI)'menta Include prtnclpel and
Interest. The annual interest rate for this Note Is computed on a 3651360 basis; thaI is, by applying the ratio of lhe annual lnteresl rate over a year of
360 days, multiprled by the outstanding principal balance, multiplied by the aclual number of days the principal baIanoe Is outstanding. Borrower will
pay Lender at Lender's address shown above or at such other place as Lender may designate in wrlling. Unless olherNtse agreed or requiled t
applicable law, payments will be apprled fifslto accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection cas,
and lale charges.
PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender Is entitled
to a mInimum Interest charge of $10.00. Other Uian Borrower's obligation to pay any minimum interest charge, Borrower may pay without penafty all
or a portion of the amount owed earlier than it Is due. Earty payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's
obligation to conlinue 10 make payments under the payment schedule. Rather, they will reduce Ihe principal balance due and may resull in Borrower
making fewer payments.
LATE CHARGE. If a payment Is 10 days or more late, Borrower will be charged 2.000% of the regularly scheduled payment.
DEFAlLT. Borrower WIll be in default if any of the following happens: (a) Borrower falls to make any payment when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or conadion
contained In Ihis Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Any representation or
slatement made or furnished to Lender by Borrower or on Borrower's behalf Is false or misleading in any material respect either now or at the time
made or furnished. (d) Borrower becomes Insolvent, a receiver Is appointed for any part of Borrower's property, Borrower makes an assignment for the
benelil of creditms, or any proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or Insolvency laws. (e) Any
cre<fllor lries to lake any of Borrower's property on or In which Lender has a rlBn or security interest. ThIs includes a garnishment of any of Borrower's
accounts with Lender. (I) Any guarantor dies or any of the other events desaibed in this default section occurs with respect to any guarantor of this
Note. (g) A material adverse change occurs In Borrower's financial condition, or Lender berl9ll9S the prospect of payment or performance of the
Indebtedness Is Impaired. (h) Lender in good fanh deems ilseIf insecure.
lENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately
due, without notice, and then Borrower will pay that amount. Lender may hire or pay someone else to help collect this Note H Borrower does not pa'
Borrower also will pay Lender that amount. This includes, subjeclto any limits under applicable law, Lender's attorneys' fees and Lender's.1eg.
axpenses whether or not there is a lawsuit, including attorneys' fees and legal axpenses for bankruptcy proceedings (including efforts 10 mO<f1fy or
vacate any automatic slay or Injunction), appeals, and any anticipated post-judgment collection selVioes. If not prohibited by applicable law, Borrower
also will pay any court costs, In addition to all other sums provided by law. ThIs Note has been delivered to Lender and accepted by Lender In the
State of Minnesota. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurisdiction of the courts of D8kofa County,
the State of Minnesota. Sublect to the provlslons on arbitration, this Note shall be governed by and construed In lICCOf'dance with the laws of
the State of Minnesota.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $15.00 if Borrower makes a payment on Borrower's loan and the check or
preauthorized charge with which Borrower pays Is later dishonored.
RIGHT OF SETOFF. Borrower grants to Lender a contraclual security interest In, and hereby assigns, conveys, delivers, pledges, and tra~ to
Lender all Borrower's right, title and Interest In and 10, Borrower's accounls wilh Lender (whether checking, savings, or some other account), Including
without limitation all accounls held joinlly with someone else and all accounls Borrower may open in the future, excluding however all IRA and Keogh
accounts, and a1llrust accounts for which the grant of a security interest would be prohibited by law. Borrower.authorizes Lender, to the extent
permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts.
COLLATERAL. This Note is secured by MORTGAGE DATED:NOVEMBER 2,1998 AND ASSIGNMENT OF RENTS DATED NOVEMBER 2,1998.
ARBITRA nON. Lender and Borrower agree that all disputes, claims and controversies between them, whether Individual, loint, or class In
nature, arising from this Nole or olherwise, Including withoulllmitalion contract and tort disputes, shall be arbitrated pursuant to the Rules of
the American Arbitration Association, upon request of either party. No act to take or dispose of any collateral securing this Note shall constitute a
waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a
temporary restraining order; Invoking a power of sale under any deed of trust or mortgage; oblaining a writ of attachment or Imposition of a receiver; or
exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of
the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right,
concerning any collateral securing this Note, including any claim to rescind, reform, or otherwise modify any agreement relating to the collateral
securing this Note, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any
party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Note shall preclude any
party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines
which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an
arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply 10 the construction,
interpretation, and enforcement of this arbitration provision.
OTHER CONDITIONS. This note shall be officially titled "Housing and Redevelopment Authority In and For the City of Hastings Municipal Facilities '
Lease Revenue Note, Series 1998, This note is issued by the Borrower pursuant to Minnesota Statutes, section 469.034~and the obliaations of The
71-02-1998
Loan No 320243279
PROMISSORY NOTE
(Continued)
Page 2.
Borrower under this Note are subject to and governed by the provisions of the attachment hereto and the Resolution of the Board of Commissioners
refemld 10 Iherei~ (Ihe "Resolution"),all of which provisions are Incorporaled herein ~nd made a part hereof by reference. Notwithstanding anything to
the contnuy in this Note, this Note is a speciaJ and fimited, and not a ge-..l obrlgBtion, of the BOffCtWer and the Borrower shaH not be Obligated 10 pay
any amount Ihat may come due under this Note, the Mortgage referred to herein, or any other document executed in connection herewith except from
the revenues specifically pledged to such payment by the Borrower In the Resolution.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remed"1ElS under this Note without losing them. Borrower and any
other person who signs, guarantees 0( endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of
dishonor. Upon any change in the terms of Ihls Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker,
guarantO(, accommodation maker 0( endorser, shaH be released from &&bOily. All such parties agree that Lender may renew or extend (repealedly and
for any length of time) this loan, or release any party or guaranlor or collateral; or impair, fail 10 reallm upon or perfect Lender's security Interest in the
collateral; and lake any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree thet Lender
may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made.
SECTION DISa.OSURE. This loan Is made under Minnesota Statutes, Section 48.195.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO
THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPlETED COPY OF THE NOTE.
BORROWER:
HOUSING & REDEVELOPMENT AUTHORITY IN AND FOR CITY OF HASTINGS
sf... 0 P Y
JOHN GROSSMAN, EXECUTIVE DIRECTOR
By:
ARDEN SANSTEAD, CHAIRPERSON
lENDER:
FIRST NATIONAL BANK
By:
Authorized Officer
Fixed Rate. aalloon.
LASER PAD, Reg. U.s. Pat. & T.M. Off., Ver. 3.26 (e) 1998 OFI ProServlces, Inc. All rights reserved. (MN-D20 CITY.LN R31.0VL]
ATTACHMENT TO NOTE
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF HASTINGS, MINNESOTA
MUNICIPAL FACILITIES LEASE REVENUE NOTE, SERIES 1998
Note Number: R-1
Registered Owner: First National Bank
Principal Sum: $180,000.00
The Hastings Housing and Redevelopment Authority (the "Authority"), a political
subdivision of the state of Minnesota, acknowledges itself to be indebted and for value received
hereby promises to pay to the registered owner set forth above, or registered assigns, the
principal sum of $180,000, with interest thereon from the date hereof at the annual rate specified
in the foregoing Note, payable in accordance with the foregoing Note, to the person in whose
name the Note is registered at the close of business on the 15th day of the month immediately
preceding a scheduled payment date.
The Authority may elect to prepay the Note in whole or in part in accordance with the
foregoing Note.
The Note is issued in the principal amount of $180,000 and is issued pursuant to a
resolution adopted by the Board of Commissioners of the Authority on October 19, 1998 (the
"Resolution"), in aid of a project operated by the Authority and is issued for the purpose of
providing funds to pay the costs of acquiring and renovating certain real property within the City
of Hastings (the "City") for use in connection with a community education program operated by
the City and Independent School District Number 200, The Note is issued only as a fully
registered Note in the amount of$180,000.
THE NOTE IS A LIMITED AND SPECIAL OBLIGATION OF THE AUTHORITY
AND NOT A GENERAL OBLIGATION. THE NOTE IS NOT A DEBT OF THE CITY OR
THE STATE OF MINNESOTA (THE "STATE"), AND NEITHER THE CITY, THE STATE
NOR ANY POLITICAL SUBDMSION THEREOF SHALL BE LIABLE ON'THE NOTE,
NOR SHALL THE NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER
THAN THE REVENUES PLEDGED FOR THE PAYMENT HEREOF, AS DESCRIBED
BELOW,
The Note is a limited and special obligation of the Authority, payable as to principal and
interest from and only from the funds described in Resolution No. 98- of the
Authority, which funds are derived from that certain Lease Agreement between the City and the
Authority dated as of November 2, 1998.
The Board of Commissioners of the Authority has designated the Note as a "qualified tax
exempt obligation" within the meaning of Section 265{b)(3) of the Internal Revenue code of
1986, as amended (the "Code"), relating to disallowance of interest expense for financial
institutions and within the $10 million limitation allowed by the Code for the calendar year of
Issue.
As provided in the Resolution and subject to certain limitations set forth therein, the Note
is transferable upon the books of the Authority at the principal office: of the Note Registrar, by
the registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Note Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Notes of other authorized denominations. Upon such transfer or exchange the
Authority will cause a new Note or Notes to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange and subject to a reasonable fee charged by the
Authority to cover its costs of effecting such transfer.
Notwithstanding the foregoing, the Note shall not be transferable or assignable, in whole or
in part, by the registered owner unless the Registrar and the Authority have been furnished with
. an opinion oflegal counsel acceptable to the Registrar and the Authority that all state and federal
securities registration laws and regulations have been satisfied with respect to such .transfer.
The Authority and the Note Registrar may deem and treat the person in whose name the
Note is registered as the absolute owner hereof, whether the Note is overdue or not, for the
purpose of receiving payment and for all other purposes, and neither the Authority nor the Note
Registrar shall be affected by any notice to the contrary,
This Note is issued pursuant to a resolution of the Authority dated October 19, 1998, and
is subject to the tenns and limitations contained therein.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to b(~ done, to have happened,
and to be perfonned precedent to and in the issuance of this Note have been done, have
happened, and have been perfonned in regular and due fonn, time, and manner as required by
law; and that this Note, together with all other indebtedness of the Authority outstanding on the
date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of
the Authority to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the Board of Commissioners of the Hastings Housing and
Redevelopment Authority, has caused the Note to be executed by the manual signatures of the
Chairperson and Executive Director and has caused the Note to be dated November 2, 1998.
Date of Authentication:
Note Registrar's Authentication Certificate
This is one of the Notes described in the
within mentioned Resolution.
Note Registrar
By
Authorized Signature
vlI/-c-a
To: Mayor Werner & Councilmembers
From: Joyce P. Hottinger, Administrative Assistant/City Clerk
Date: October 13, 1998
Re: Authorization to Enter Into an Agreement with Da.kota County to Arrange
for the Purchase, Use and Maintenance of An Electronic Voting System
Council Action Requested:
Authorize the City to enter into an agreement with Dakota County to arrange for the
purchase, use and maintenance of an electronic voting system.
Background:
As Council may recall as presented in information in previous Council newsletters, Dakota
County Elections Staff and city clerks have been working together to review Minnesota
Certified election equipment and financing options for the purchase of new machines.
The existing voting equipment, known as the BRC III-P vote tabulator equipment, is
reaching the end of the machine life expectancy. The III-P is a static machine which is
hardware rather than software based. The prom packs, which are essentially the "brains"
of the machine, have begun to short out and cost approximately $350.00 to replace. The
IlI-P machine we use today was last manufactured in 1991, and at last count there were
approximately 1,300 in use nation wide. The III-P is no longer manufactured and with
less than 1000 in use, there is concern that parts will be more difficult to replace and
eventually unable to find.
Dakota County, like many other metropolitan counties, has taken the lead in procuring a
new vote tabulator system, In exchange for municipal and township participation in a
county wide procurement, the County will take the lead in advancing purchase of all new
voting systems and will offer a funding mechanism for purchasl: of the equipment. As the
agreement reads, the City will be responsible for 25 percent of the cost incurred payable in
three equal annual installments beginning on July 1,2000. The County will not charge the
cities interest.
Staff has participated in the Dakota County Election Equipment Task Force in 1997 to
review three types of new Minnesota certified vote tabulator systems. At this time, a
decision has not been made regarding which new system would be purchased.
Attachments:
1. Agreement to Arrange for the Purchase, Use and Maintenance of Electronic
Voting System .
AGREEMENT TO ARRANGE FOR
THE PURCHASE, USE AND MAINTENANCE
OF ELECTRONIC VOTING SYSTEM
This Agreement is between Dakota County, 1590 West Highway 55, Hastings, Minnesota
(referred to in this document as County) and the City of .
(address), (referred to in this document as City), and
concerns the cooperative efforts of the County and City (collectively referred to as the parties) to
arrange for the purchase, use and maintenance of electronic voting system.
WHEREAS, the parties desire to purchase new electronic voting system hardware and related
software and to have all equipment in place for elections to be held in year 2000, and after; and
WHEREAS, County has agreed to initially fund 100 percent of the purchase price of the
equipment upon the terms and conditions set forth in this agreement; and
WHEREAS, the parties intend by this document to enter into a written agreement on all issues
related to the purchase and use of this equipment including, but not limited to, factors such as the
allocation of the purchase price, insurance and maintenance costs, storage of the equipment and
ultimate replacement of the equipment.
NOW, THEREFORE, in consideration of the premises and the covenants of the parties set
forth below, the parties agree to the following:
A COUNTY RESPONSIBILITY:
1. The County, in consultation with all the local governmental units located in
Dakota County, will prepare specifications for the purchase, through a competitive
bidding process, of an electronic voting system meeting the requirements stated in
Minn. Stat. 9 206.57 and 9 206.58.
It is anticipated that the specifications will include vendor-supplied technical
maintenance of all equipment for at least eight years after the purchase, including
assurances of sufficient parts, supplies and accessories, warranty service of the
equipment, wherever stored, and trade-in allowance for all existing voting systems
owned by the parties.
Competitive bids will be solicited in a manner consistent with the provisions of
Minn. Stat. 9 471.345. Results of any bids received will be tabulated by the County
and made available to all local governmental units in Dakota County, The final
decision on lowest responsible bidder, and award of contract, will be made by the
Dakota County Board of Commissioners. County will defend and indemnify the
Cities and hold them harmless from any claims for damages arising out of the public
bidding process utilized by County.
1
2. In addition to purchase of sufficient, necessary equipment, County will
contract with the vendor for warranty repairs and regular maintenance of the voting
equipment, wherever stored.
3, County will arrange for purchase and delivery of sufficient voting machines to
meet the needs of the voting precincts in the City. In addition, County will purchase
spare, replacement equipment as well as ballot tabulation equipment for use by the
Dakota County Treasurer/Auditor's Office. The initial costs for the purchase of the
necessary equipment will be paid by the County, minus the City's share of25 percent
as required by Section B(4).
4. County will list the election equipment on its commercial property casualty
insurance policy to provide for coverage against loss or damage to the equipment
resulting from theft, fire, or other loss covered by the existing policy.
5. County will arrange for timely training of election judges using the voting
equipment as well as on-going training for upgrades to new software or hardware, as
necessary.
6. Ownership of all electronic voting equipment purchased pursuant to this
agreement will vest in Dakota County, regardless of where the equipment may be
stored or used. County will consult with City before any final decision is made in the
future on trading in or replacing the system to be purchased pursuant to this agreement
with a different or new voting system.
B. CITY RESPONSIBILITY
1. City will give County any eXlstlllg ballot tabulation equipment and ballot
boxes currently belonging to City along with a proper bill of sale transferring
ownership of the equipment to County. County will use the old equipment as a trade-
in for credit on the purchase of the new voting system contemplated in this agreement.
City will retain ownership of voting booths, signs, tables and related polling place
equipment.
2. City will consult with the County in preparing specifications for the new
electronic voting system and in preparing an itemized listing of new equipment needed
by City to properly equip the voting precincts in the Gity. City will accept and use
only the voting system approved and purchased by County.
3. City will provide safe storage and proper handling of election equipment used
by City. Maintenance needs of equipment stored by City will be reported, in writing,
to vendor directly by a person designated by City to arrange for service. City will
provide vendor with a list of individuals authorized to arrange repair or service calls
on the voting equipment.
2
4. Each City will pay to County 25 percent of the cost incurred by the County in
providing the necessary electronic voting equipment for the City. Payment of the City
share will be for actual cost without interest, paid in three equal annual installments
beginning on July 1, 2000, Prepayment of the City's share may be made at any time.
Each City will pay to the County its pro rata share of the ongoing annual
maintenance costs for the voting equipment. Pro rata share is determined by dividing
the total number of voting machines purchased by the number of machines required by
City. The payable date will be based on the County billing dates.
The City payments for maintenance costs will be deposited in a holding fund to
be established by County to pay for maintenance of the equipment.
5, City will continue to select and pay necessary election judges and arrange with
County for timely training of the judges to use the voting equipment.
6. City will coordinate with County to order additional election equipment from
the vendor as local voting precincts are added. The purchase price of additional
equipment will be at the same 75 percent-25 percent split, with the City's 25 percent
share to be paid to County in one lump sum at the time of delivery of the additional
equipment.
IN WITNESS WHEREOF, the City and County have caused this agreement to be duly
executed in its name and on its behalf, and the City's seal to be affixed hereto.
COUNTY OF DAKOTA
CITY OF
By:
By:
Mayor
By:
City Clerk
K1C97-193
3
I
INFORMATION
TRAC
I
To: Mayor Werner & City Councilmembers
From: Joyce P. Hottinger, Administrative Assistant/City Clerk
Date: October 15, 1998
Re: TRAC Survey Responses
A total of38 TRAC customer surveys were received regarding TRAC service. As
Council may recall, the surveys were distributed June through August. Persons
completing the survey were provided with a token in exchange for completing the survey.
The survey results have been compiled by Technical Secretary Jane Toenjes for your
review. The results will also be forwarded to the Project Managers at MnDoT and the
Metropolitan Council for review.
If you have any questions, please do not hesitate to contact me.
Where were you picked up from today?
TRAC CUSTOMER SURVEY RESULTS - 38 Total Surveys Received
Work
Home
Downtown
Other
Movies
2
27
2
4
o
School
Shopping
Banking
Medical
o
2
I
3
How did you pay for your fare today?
Cash
Tokens
15
23
If you used a token where was it purchased?
City Hall
Co.Market
Eddys
White Drug
Norwest
6
9
I
4
4
What is the main reason(s) you took 1RAC today? (may check up to three answers)
Convenience
Environmental
Saves Time
Do not own car
21
I
2
30
Saves money
Car not available
Disability accessible
Yes
Are you riding with children under the age of 6?
4 How many?
I child = 3
2 children = I
No
30
(INFORMATION)
Where were you riding today?
Work
Home
Downtown
Other
Movies
II
4
1
9
o
School
Shopping
Banking
Medical
o
8
2
5
What is the primary purpose of your trip today?
Work
Shopping
Social
School
Medical
Other
4
7
2
12
11
2
o
6
7
Please rate how well we are providing service to you by indicating your level of agreement with
each of the following statements: Strongly Strongly
agree Disagree
5 4 3 2 I
Overall, you are satisfied with TRAe bus service 32 2 2 0 0
Token purchases are convenient 32 2 0 0
You feel safe with riding with TRAe 31 3 2 0 0
Buses run on schedule 27 4 2 2 0
Drivers present a professional appearance 33 0 3 0 0
Drivers are courteous 34 0 2 0 0
Drivers are helpful 34 0 2 0 0
Drivers operate buses in a safe and responsible manner 32 3 0 0
.lSeS are clean 33 2 0 0
Buses are comfortable 29 3 4 0 0
Buses are reliable 29 3 4 0 0
Buses get you where you want to go 33 2 2 0 0
You are likely to recommend this bus service to family,
friends or co-workers 31 4 0 0
You are likely to use this bus service int he future 35 0 0 0
Please tell us how important the following elements of our service are to you:
Extremely Extremely
Important Unimportant
5 4 3 2 1
Safety while riding the bus 36 0 2 0 0
Buses running on schedule 35 0
Courteous drivers 32 3 2 0 0
Drivers presenting a professional appearance 27 5 5 0 0
Helpful drivers 33 4 2 0 0
Drivers operating buses in a safe & responsible manner 36 2 0 0 0
Clean buses 29 7 2 0 0
Comfortable buses 26 9 2 0 0
Reliable buses 36 2 0 0 0
More fare payment options 19 8 4 4
Service to places you want to go 33 2 3 0 0
ADA Accessibility Wheelchair Lift 23 3 4 4 3
Door to Door transit service 35 2 0 0
Established circular route service 13 6 5 3 5
Please tell us how important the following service improvements would be to you:
Extremely Extremely
hnportant Unimportant
5 4 3 2 I
Evening Trac Service between the hours of 6:00 - 8:00 p.m. 15 4 6 5 3
Saturday Trac Service between the hours of 9:00 a.m.-I:oo p.m. 16 4 8 3 3
Saturday Trac Service between the hours of 1:00 p.m.-5:oo p.m. 17 5 5 3 2
Established circulatory routes
Check which routes you would use most often:
To Downtown
To WaJ-Mart
To Westview
To Midtown
Other
6
21
22
II
7
3aturday and/or evening service was important to you, please indicate the frequency you would use 1RAC
Saturday Service:
I Sat.lMonth
7
I eveninglwk
13
2 Sat.lMonth
7
3 Sat.lMonth
8
2-3 evenings/week
8
4 Sat.lMonth
9
Evening Service:
4-5/per week
o
What times would you use:
Saturday service
8 am. - 12 noon
12:00 - 6:00pm
10:00 a.m.
9:00 am-3:00 p.m.
11:00 a.m.
9:00 a.m.-I:OO p.m.
11:00 a.m.-5:00 p.m.
12:00-5:00 p.m.
9:00 a.m.
10:00 a.m. =3
9:00 - 4:00
1:00-5:00=11
What destination would you anticipate using TRAC Saturday service for?
Work
Shopping
Downtown
Banking
8
20
I
8
School
Medical
Movies
Other
o
9
7
8
Evening Service Times:
Various
4:00 p.m. = 2
5 :00-8:00
6:00 p.m. = 2
7:00 p.m. = 3
5:00 p.m.
10:00 a.m.
2:00 p.m.
What destination would you anticipate using TRAC Evening Service for?
Work
Shopping
Downtown
Banking
4
16
3
2
School
Medical
Movies
Other
o
5
6
10
Please tell us about yourself:
How long have you used our bus service?
Less than I mth
1 mth - I years
I
5
I to 5 years
More than 5 years
13
18
o
I or less
2
3
4
5
How often do you ride the bus (round trip) per week?
Riders
I
4
13
5
2
7
6
7
8
9
10 or more
Riders
I
o
o
I
2
What is your age?
Under 18
18-24
25-34
35-44
o
2
2
5
45-54
55-64
65 or over
7
5
16
Are you..,..
Females
30
Males
8
Do you own or rent?
Own
10
Rent
28
Approximately what was your family's total income last year?
Less than $10,00 9 $40,000 to $49,999 I
$10,000 to $19,0 13 $50,000 to $59,999 I
$30,000 to $39,9 3 $60,000 to $69,999 I
$70,000 or More 0
How many automobiles do you have available for your use?
Q 1 2- 1 1- ~
25 10 0 I 0 1"
How many people in your household have a driver's license?
Q 1 2- 1 1- ~
18 15 3 I 0 I
To:
From:
Subject:
Date:
INFORMA TIONAL MEMORANDUM
Honorable Mayor and City Council Members
Lynne M, Benson, Accountant
City Disbursements
October 15,1998
Attached please find a listing of all bills paid since the last City Council meeting of
October 5, 1998. These bills were approved for payment by the Finance Director. They
include only routine payroll claims, payment for 3rd quarter SAC charges and a
payment made to Barton Sand & Gravel in order to get a $335.28 discount.
If you should have any questions regarding these bills please feel free to contact me or
Lori Webster for further infonnation.
SYSTEM DATE 10/02/98 TIME 03:25
REPORT DATE 10/02/98
SCHEDULE PAYMENT REPORT
PAGE
BANK VENDOR VENDOR TITLE
G/L DEBIT G/L CREDIT
------------------------------------------------------------------------------------------------------------------------------------
P.O. NO. INVOICE #
ACCOUNT NUMBER
DESCR I PT ION
CHECK # DATE
NET AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
77 32398 ICMA RETIREMENT TRUST 457
99 101-1010-000 G 101-2180-000 PPE 9/27/98
60744 P.E.R.A./DCP
99 101-1010-000 G 101-2140-000 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6011-121 PPE 9/27/98
****TOTAL FOR P.E.R.A./DCP 160.00
60745 P.E.R.A.
99 101-1010-000 G 101-2140-000 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6020-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6050-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6090-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6240-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6311-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6619-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6312-121 PPE 9/27/98
999-0001-205 205-1010-000 A 205-6560-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101-6210-121 PPE 9/27/98
999-0001-213 213-1010-000 A 213-6220-121 PPE 9/27/98
999-0001-200 200-1010-000 A 200-6520-121 PPE 9/27/98
999-0001-402 402-1010-000 A 402-6631-121 PPE 9/27/98
999-0001-407 407-1010-000 A 407-6700-121 PPE 9/27/98
999-0001-600 600-1010-000 A 600-7100-121 PPE 9/27/98
999-0001-601 601-1010-000 A 601-7300-121 PPE 9/27/98
999-0001-615 615-1010-000 A 615-7700-121 PPE 9/27/98
999-0001-610 610-1010-000 A 610-7500-121 PPE 9/27/98
999-0001-610 610-1010-000 A 610-7501-121 PPE 9/27/98
999-0001-610 610-1010-000 A 610'7502-121 PPE 9/27/98
999-0001-620 620-1010-000 A 620'7900-121 PPE 9/27/98
999-0001-101 101-1010-000 A 101'6080-121 PPE 9/27/98
****TOTAL FOR P.E.R.A. 19,967.93
******TOTAL FOR BANK NO - 77 26,318.95
***REGULAR CHECKS** 26,318.95
***MANUAL CHECKS*** 0.00
***GRANO TOTAL***** 26,318.95
6,191.02
80.00
80.00
8,611.90
145.90
393.18
93.43
191.78
362.10
7.1'-
632.1
20,42
5,182.30
2,462.11
520.16
96.31
22.39
448.60
207.28
186.70
33.30
162.65
3.79
122.95
60.67
SYSTEH DATE 10j09/98 TlHE 09:05
REPOR1 1l1>.1E '0/09/98
BANK VENDOR VENDOR TITLE
G/L DEBIT G/L CREDIT
79 4132 BARTON SAND & GRAVEL
999-0001-101 101-1010-000
999-0001-101 101-1010-000
999-0001-101 101-1010-000
49358
99
MN DEPT OF ADMINISTRATION
101-1010-000
SCHEDULE PAYMENT REPORT
P.O. NO. INVOICE #
ACCOUNT NUMBER
A 101-6312-224
A 101-6312-470
A 101-6312-224
****TOTAL FOR BARTON SAND & GRAVEL
3rd qtr98 G 101-2015-000
******TOTAL FOR BANK NO - 79
***REGULAR CHECKS**
***MANUAL CHECKS***
***GRAND TOTAL*****
DESCRIPTION
1998.85 TON SAND @ 3.15
1998.85 TON SAND @ 3.15
OISCOUNT ON PURCHASE
6,370.37
3rd Qtr 1998 report
10,927.98
10,927.98
0.00
10,927.98
PAGE
CHECK # DATE
NET AMOUNT
6,296.38
409.27
335.28-
4,557.61