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Home My WebLink About01-03-05 CITY OF HASTINGS COUNCIL MEETING Monday, January 3, 2005 7:00 P.M. I. CALL TO ORDER: ADMINISTER OATH OF OFFICE FOR WARD COUNCILMEMBERS II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on December 20, 2004 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 items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Resolution-2005 Tree City USA 3. Approve Overtime Policy Change for Seasonal, Part-Time Employees 4. Approve 2005 Aquatic Center Fee Schedule 5. Appoint Planning Commissioner 6. 2005 Official Depositories and Investment Resolution 7. 2004 Capital Rollovers to 2005 Budget 8. Request for Final Payment-Fire Department Rescue Truck VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing-Gity Code Amendment #2004-68: Multiple Family Moratorium Ordinance Changes (Chapter 10 & 11) VIII. REPORTS FROM CITY STAFF: A. Public Works B. Planning 1. Second Reading/Ordinance Amendment-Gity Code Amendment #2004-68: Multiple Family Moratorium Ordinance Changes (Chapter 10 & 11) 2. Modify Terms of Land Purchase: Westview Packaging-Hastings Industrial Park C. Administration 1. Revised Master Preliminary Agreement and Master Plan- Sherman Associates 2. 2005 Committee Assignments 3. Closed Door Session-Lawrence Builders vs. City of Hastings IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next City Council Meeting on Tuesday, January 18, 2005 Hastings, Minnesota December 20, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, December 20, 2004 at 7:00 p.m., in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Werner, Council Members Moratzka, Schultz, Riveness, Hazlet, Yandrasits and Hicks Members Absent: None Staff Members Present: City Administrator Dave Osberg, Assistant City Administrator Melanie Mesko Lee, City Attorney Shawn Moynihan, Planning Director John Hinzman, Public Works Director Tom Montgomery, Fire Chief Mark Holmes, Interim Finance Director Char Stark, and Parks and Recreation Director Barry Bernstein Approval of Minutes Mayor Werner asked ifthere were any corrections or additions to the minutes of the regular meeting of December 6, 2004. Hearing none, the minutes were approved as presented. Presentation-2004 Employee Recognition Awards Mayor Werner and the City Council recognized the following employees for their years of service: 5 vears Kris Jenson (planning) Melanie Mesko Lee (administration) Darbie Johnson (parks) Roxann Petersen (police) 10 years Rene Doffing (police) Paul Seleski (fire) 15 years Mike Eggert (fire) Dave Osberg (administration) Kim Niederkorn (finance) Shirley Soggiomo (TRAC) 20 years John Grossman (HRA) Tom Montgomery (public works) Andrea Gustafson (engineering) 30 years Dorothy Johnson Minutes of the Regular Meeting of December 20, 2004 Page 2 014 Presentation-City of Hastings Bond Rating Upgrade Plaque Terry Heaton of Springsted presented Mayor Werner and the City Council a plaque commemorating the bond upgrade to A 1. Council Items to be Considered: City Administrator Osberg requested that the Closed Door Session be pulled from the agenda and that Item #12-Appoint Planning Commissioner, be pulled from the Consent Agenda. Consent Agenda Moved by Councilmember Riveness seconded by Council Member Yandrasits to approve the Consent Agenda as amended. 7 Ayes; Nays, None. 1. Pay Bills As Audited 2. Resolution-Approve 2005 Tobacco License Renewals 3. Resolution-Approve 2005 Massage Therapy License Renewals 4. Approve Appointment of Substance Abuse Professional 5. Resolution-Approve 2005 Official Newspaper 6. Approve Personnel Policy Amendment-Sick Leave Donation 7. Approve Temporary Finance Department Structure Changes 8. Approve 2005 Budget a. Resolution Adopting 2005 City Property Tax Levy b. Resolution Adopting 2005 City Budget c. Resolution Adopting 2005 City HRA Property Tax Levy 9. Approve 2004 Budget Adjustments 10. Accept Quote-Public Works Excess 1994 Pickup Truck 11. First Reading/Order Public Hearing-City Code Amendment #2004-68: Multiple Family Moratorium Ordinance Changes (Chapters 10 & 11) 12. Appoint Planning Commissioner 13. Reappoint Planning Commissioners (Greil, Hollenbeck, and Twedt) 14. Adopt 2005 CDBG Budget 15. Approve Parks and Recreation Department Logo 16. Establish Public Works Lead Operator Pay Scale 17. Parks and Recreation Request for Payments 18. Request Authorization to Advertise for Bids for Replacement of Fire Engine 19. Equipment Purchase 20. Final Pay Estimate-Project 2003: Ice Arena Fire Lane Project: Pember Excavating ($999.83) 21. Pay Estimate #3-project 2003: 10th Street & Highway 61 Project: Pember Excavating ($4,168.79) 22. Pay Estimate #12-Project 2003-2: Riverwood South Oaks Project: Contractor's Edge ($5,732.64) Minutes of the Regular Meeting of December 20, 2004 Page 3 of4 23. Pay Estimate #6-Project 2004-1: Westwood Reconstruction Project: Three Rivers Construction ($380,823.45) 24. Pay Estimate #5-Project 2004-2: 31st Street Reconstruction Project: A-1 Excavating ($132,139.82) 25. Pay Estimate #5-Project 2004-4: 10th & Highway 61 (Schoolhouse Square): Ace Blacktop ($29,128.33) Request for Handicapped Parking Sign-i08 East 4th Street Public Works Director Montgomery stated that a request has been made by Robert Loesch at 108 East 4th Street, for a handicapped parking sign in front of his apartment access door. Staff is recommending denial for the request, as there is no city standard for this type of request on public right-of-way. Montgomery stated that, should the Council wish to pursue the designation, staff recommendation is to refer the issue to the Operations Committee of the Council to help develop a policy. Mr. Loesch spoke on behalf of his request, requesting approval. The Council discussed whether off-street parking is available. It is not. There was discussion over whether a special parking permit could be issued to Mr. Loesch and whether a handicapped stall is subject to the 2-hour parking limit like other parking stalls in the downtown area. Public Works Director Montgomery stated that currently, the police department does not enforce the 2-hour parking limit for the two handicapped spots located downtown. Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to approve a handicapped stall in front of 108 East 4th Street, with caveat that no precedent is being set. 7 Ayes; Nays, None. Resolution-Minor Subdivision#2004-67: Rearrangement of Property Boundary at 3183 & 3193 Village Trail (Thomas Kane) There were a few questions about easements and lot size. Moved by Councilmember Yandrasits, seconded by Council member Schultz to approve the minor subdivision as presented. 7 Ayes, Nays, None. Resolution-Site Plan #2004-69: Plastic Printers Expansion at 2750 Millard Avenue Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the site plan as presented. 7 Ayes, Nays, None. First Reading/Order Public Hearing-Annexation #2004-71: CentexIVitt Property Stormwater Basin Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the first reading and order a public hearing on the annexation, with a friendly amendment that all future documentation of this annexation should note that there is not any extension of services related to this annexation. 7 Ayes, Nays, None. Minutes of the Regular Meeting of December 20, 2004 Page 4 of 4 Presentation-Council member Janette Yandrasits Mayor Werner and the City Council presented Councilmember Janette Yandrasits with a plaque commemorating her 8 years of service on the Council. Yandrasits was thanked for her hard work over the years. Adjournment Moved by Council member Yandrasits; adjourn the meeting at 7:35 p.m. 7 Ayes; Nays, None. seconded by Councilmember Hicks to Mayor ATTEST City Clerk Date: 12/30/2004 Time: 14:15:24 Operator' BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Description Department Vendor Name ---------~-------------- -------------~------ -----~----~--------- COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK FINANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING PLANNING PLANNING M.I.S. M.LS. , POLl CE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE MN CHILD SUPPORT PMT CASE 00138614701 MN CHILD SUPPORT PMT CASE 001435452601 Total for Department 000 SPRINT TELEPHONE/ DEC Total for Department 102 LASERSHARP, INC. LASER CARTRIDGE OFFICE MAX A BOISE OFFICE SUPPLIES OFFICE MAX A BOISE SUPPLIES OFFICE MAX A BOISE WHITE BOARD CLEANER SPRINT TELEPHONE! DEC Total for Department 105 MESKO LEE, MELANIE SPRINT EXPENSE REIMBURSEMENT TELEPHONE/ DEC Total for Department 107 SPRINT TELEPHONE/ DEC Total for Department 120 SPRINT TELEPHONE/ DEC T.D. 's CLEANING DEC CLEANING XCEL ENERGY MONTHLY ELECTRICITY/DEC Total for Department 140 HINZMAN JOHN HINZMAN JOHN SPRINT CONF EXPENSES MILEAGE REIMBURSEMENT TELEPHONE/ DEC Total for Department 150 SPRINT TELEPHONE! DEC WELLS FARGO BANK/ CR IT SYMPOSIUM Total for Department 160 BOUND TREE!NORTH AME FIRST AID SUPPLIES CAPITOL OOMMUNICATIO SQUAD RADIO!K9 CITY OF MPLS. AUTOMATED PAWN SYSTEM DE LAGE LANDEN FINAN MONTHLY DICTATION SYSTEM DOFFING RENE SAFETY BOOTS NEXTEL COMMUNICATION TASK FORCE CELL PHONE ON SITE SANITATION GUN RANGE PORTALET SCHARFE, VALERIE UNIFORM ALLOWANCE SPRINT TELEPHONE! DEC UNIFORMS UNLIMITED S SCHARFE UNIFORM ITEMS XCEL ENERGY MONTHLY ELECTRICITY/DEC Total for Department 201 BUILDING AND INSPECT CONTROLLED AIR BUILDING AND INSPECT BAKKEN, THOMAS BUILDING AND INSPECT GRAPHIC DESIGN CANCELLATION OF PROJECT CONF EXPENSES DOOR HANGERS/ ADDRESSES VI-1 Page: 1 Amount ------------ 438.39 238.57 676.96'" 13.40 13 .40'" 45.00 46.84 66.79 12.67 198.73 370.03'" 68.38 13.40 81.78* 101.45 101.45'" 43.66 1,150.80 2,731.47 3,925_93* 879.25 41.89 67.02 988.16'" 26.81 295.00 321.81* 58.32 563.72 163.00 290.05 B9.99 51.04 109.63 203.46 719.03 416.79 37.04 2,702.07'" BO.80 204.68 112.89 Date: 12/30/2004 Time: 14: 15 ,24 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description ------~-----------~- -------~------------ ------~~~-------~------- BUILDING AND INSPECT BUILDING AND INSPECT NAT'L FIRE PROTECTIO VENT FIRE PROTECTION RAN SPRINT TELEPHONE/ DEC Total for Department 230 PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS ANDERSEN, E.F. & ASS SIGNS / PLATES BAHLS SERVICE PLOW PARTS BAHLS SERVICE ROLLER PARTS BDM CONSULTING ENGIN LOT REVIEW CERT ENVIRONMENTAL EQUIPM PUH CURTAIN SET MACQUEEN EQUIPMENT, SOCKETS/ SHAFTS/ PULLEY MN STREET SUPERVISOR RUEDY/ MEMBERSHIP DUES NIEBUR IMPLEMENT CO SHAFT UNIT/ GRASS BLADE SPRINT DATA CONNECTIONS SPRINT TELEPHONE/ DEC UNLIMITED SUPPLY INC SUPPLIES UNLIMITED SUPPLY INC TAPE WINGFOOT COMMERCIAL PLUG / LABOR WINGFOOT COMMERCIAL TIRES XCEL ENERGY MONTHLY ELECTRICITY/DEC ZARNOTH BRUSH WORKS, BROOMS Total for Department 300 LE DUC MANSION BDM CONSULTING ENGIN LE DUC MANSION PKG Total for Department 450 Total for Fund 101 PARKS AND RECREATION BERNSTEIN BARRY MILEAGE PARKS AND RECREATION LIKES, CORY MILEAGE REIMBURSEMENT PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION NINE EAGLES PROMOTIO LIKES/ UNIFORM PARKS AND RECREATION SPRINT DATA CONNECTIONS PARKS AND RECREATION SPRINT TELEPHONE/ DEC PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY/DEC Total for Department 40> Total for Fund 200 PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION SPRINT TELEPHONE/ DEC PARKS AND RECREATION XCEL ENERGY DEC ELEC Total for Department 40> Total for Fund 201 CABLE SPRINT TELEPHONE/ DEC Total for Department 420 Total for Fund 205 page: 2 Amount - ~ - - - - - - - -- 33.83 80.42 512.62* 430.42 151.12 51. 43 5,125.00 412.16 792 .23 35.00 356.78 149.29 223.72 122.91 17.31 152.98 521. 85 14,005.08 216.73 22,764.01* 283.75 283.75'" 32,741.97* 38.63 52.50 265.97 250.00 298.58 274.83 1,246.04 2,426.55* 2,426.55* 40.08 124.40 161. 23 325.71* 325.71* 13.40 13.40* 13.40* Date, 12(30(2004 Time: 14:15:25 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- ----~--------------- ------------------------ HERITAGE PRESERVATIO SPRINT TELEPHONE! DEC Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE CCP INDUSTRIES INC SUPPLIES CITY OF ST. PAUL PROCEDURE BAG SET EMERGENCY APPARATUS 1481/ PUMP TRUCK EMERGENCY APPARATUS 1482/ PUMP TRUCK EMERGENCY APPARATUS 1483 TRANSFER VALVE EMERGENCY APPARATUS 1490/ PUMP EMERGENCY APPARATUS 1494 TRUCK SERV FAIR OFFICE WORLD OFFICE SUPPLIES FABTENAL COMPANY RACKS/ STANDS FIRE INSTRUCTORS ASS AUTOMOTIVE/FIRE APPARATU FIRE INSTRUCTORS ASS INVEST BOOKS/ GUIDES FIRE INSTRUCTORS ASS INVESTIGATOR BOOKS FIRE INSTRUCTORS ASS PUMPING APP DRIVER BOOKS NINETY-FOUR SERVICES BULBS/ CAPS REGINA MEDICAL GROUP FF TESTING/ MANTOUXS SPRINT TELEPHONE/ DEC TWIN CITY GARAGE DOC ALSTR TRANSM 832 WALMART COMMUNITY STATION SUPPLIES XCEL ENERGY MONTHLY ELECTRICITY/DEC ZEP MANUFACTURING CO CLEANING PRODUCTS Total for Department 210 AMBULANCE AMBULANCE AMBULANCE EMERGENCY APPARATUS 1480/ AERIAL SERV EMERGENCY APPARATUS 14 8 3 / PUMP SERV PRAXAIR DISTRIBUTION OXYGEN Total for Department 220 Total for Fund 213 PARKS AND RECREATION COLT ELECTRIC INC. WALLIN WARMING HS/ELEC S PARKS AND RECREATION SPORTS TECHNOLOGY IN LIGHT INSTALLATION/PIONE Total for Department 401 Total for Fund 401 EQUIPMENT REVOLVING FERRARA FIRE APPARAT RESCUE TRUCK/ FINAL PAYM Total for Department 800 Total for Fund 403 HOUSING AND REDEVELO SPRINT TELEPHONE/ DEC Total for Department 500 Total for Fund 404 Page, ] Amount ---~--~~---- 13 .40 13.40* 13.40* 928.27 696.00 1,347.29 1,363.16 288.30 240.00 270.69 744.38 380.12 45.98 473 . 93 65.63 387.66 123.67 3,800.00 456.96 96.41 177 .80 734.54 604.23 13,225.02* 2,424.34 1,100.66 201.91 3,726.91* 16,951.93* 883.77 5,000.00 5,883.77* 5,883.77* 188,597.00 188,597.00* 188,597.00* 13.40 13 .40* 13.40* Date: 12/30/2004 Time: 14:15:25 Operator; BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------- Page, 4 Amount --~--------- PUBLIC WORKS BDM CONSULTING ENGIN 2003-3 CITY PROJ 148.75 PUBLIC WORKS BDM CONSULTING ENGIN 2003-6 GS DR EXT 119.00 Total for Department 300 267.75* Total for Fund 493 267.75* PUBLIC WORKS BDM CONSULTING ENGIN 2004-1 WESTWOOD 2,682.50 PUBLIC WORKS BDM CONSULTING ENGIN 2004-2 31ST ST PROJ 2,167.75 PUBLIC WORKS BDM CONSULTING ENGIN 2004-4 10TH HWY 61 1,030.50 PUBLIC WORKS BDM CONSULTING ENGIN 2005 DAKOTA HILLS 18,862.25 PUBLIC WORKS BDM CONSULTING ENGIN WESTVIEW 250.00 PUBLIC WORKS BRAUN INTERTEC 04-1 WWOOD CONST TEST 1,764.75 PUBLIC WORKS BRAUN INTERTEC 04-2 31ST CONST TEST 26.75 PUBLIC WORKS OTTO EXCAVATING, INC 2004-1 SEWER SERV RECONS 49,815.00 PUBLIC WORKS OTTO EXCAVATING, INC 2004-1 ST MATERIALS/OAK 12,188.20 PUBLIC WORKS OTTO EXCAVATING, INC 815 VERM WATER SERV/2004 2,282.00 PUBLIC WORKS RABBIT ROOTER 2025 MAPLE 175.00 PUBLIC WORKS SEH ENGINEERS 2004-4 10 &61 PROJ 1,034 .02 Total for Department 300 92,278.72* Total for Fund 494 92,278.72* DEBT XCEL ENERGY LINE 5523/ LOCK & DAM RD Total for Department 700 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CITY CLERK CITY CLERK Total for Fund 522 DPC INDUSTRIES, INC. HYDROFLOURSC ACID DUBE, DAVID PROPANE NINE EAGLES PROMOTIO RUEDY/ CLOTHING SPRINT DATA CONNECTIONS SPRINT TELEPHONE/ DEC T . D. 'S CLEANING DEC CLEANING TOWER ASPHALT, INC. COLD MIX XCEL ENERGY MONTHLY ELECTRICITY/DEC ZGODA, JOHN NO HENNEPIN COURSES Total for Department 300 Total for Fund 600 XCEL ENERGY Total for MONTHLY ELECTRICITY/DEC Department 300 Total for Fund 601 HASTINGS TIRE & AUTO TIRES SPRINT TELEPHONE/ DEC Total for Department 107 Total for Fund 610 29,851-55 29,851-55* 29,851.55* 483.25 23.08 250.00 149.29 129.89 319.50 981-50 6,043.04 523.20 8,902.75* 8,902.75* 967.40 967.40* 967.40* 74.85 22.64 97.49* 97.49* Date: 12/30/2004 Time: 14: 15 :25 Operator: BECKY KLINE Page: 5 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ PARKS AND RECREATION BONESTROO & ASSOC ADMIN OF CONSTRUCTION/IN PARKS AND RECREATION NINE EAGLES PROMOTIO ELLIOTT/ CLOTHING PARKS AND RECREATION R & R SPECIALITIES, BLADE SHARP PARKS AND RECREATION SPRINT DATA CONNECTIONS PARKS AND RECREATION SPRINT TELEPHONE/ DEC PARKS AND RECREATION SYSCO, MINNESOTA CONCESSION / SALT PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY/DEC PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PLANNING PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS POOLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS Total for Department 401 Total for Fund 615 BEST BUY CO., INC. BACKUPS UPS HILLIARD CORPORATION HYDRAULIC THRUSTER SPRINT TELEPHONE/ DEC XCEL ENERGY MONTHLY ELECTRICITY/DEC Total for Department 300 Total for Fund 620 BDM CONSULTING ENGIN RIVERWOOD 8 Total for Department 150 BDM CONSULTING ENGIN CENT SO BDM CONSULTING ENGIN EASTENDERS BDM CONSULTING ENGIN GLENDALE HTS BDM CONSULTING ENGIN MARKETPLACE WEST BDM CONSULTING ENGIN SCHOOL HS SQ BDM CONSULTING ENGIN SIEBEN CREST BDM CONSULTING ENGIN SO PINES 4TH BDM CONSULTING ENGIN SR MKTPLC HSNG BDM CONSULTING ENGIN SUMMIT HEIGHTS BDM CONSULTING ENGIN WALLIN 11 Total for Department 300 Total for Fund 807 Grand Total 1,033 .00 297.50 43.50 298.62 95.88 263.14 8,799.67 10,831. 31* 10,831.31'" 130.98 1,502.65 43.66 3,328.67 5,005.96* 5,005.96'" 3,564.25 3,564.25* 59.50 208.25 156.75 29.75 37.75 59.50 127.00 476.00 29.75 3,693.50 4,877.75* 8,442.00* 403,612.06'" January 3, 2005 atyaf H1sti~ Maratnim To: City Council From: Becky Kline, Finance Department Date: 12/28/2004 The attached Department Report itemizes vouchers that were paid on December 28, 2004. Thank you. Date: 12/28/2004 Time, 10,45:05 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report page: 1 -------------~------ -----~---------~~- Description Amount Department Vendor Name COUNCIL AND MAYOR COUNCIL AND MAYOR COUNCI L AND MAYOR COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING PLANNING PLANNING M.LS. POLICE POLICE POLICE POLICE POLICE POLICE POLICE ------------------------ ------------ DELTA DENTAL PLAN OF ADDITIONAL SEPTEMBER DELTA DENTAL PLAN OF JAN PREMIUM Total for Department 000 FILTERFRESH LEAGUE OF MN CITIES REIS,INC TROPHIES PLUS Total for COFFEE SERVICE ALONGI I CONF NEWLY ELECT EMPLOYEE RECOGNITION/SOG PLAQUE/ YANDRASITS Department 102 FORTIS BENEFITS INS MATT PARROTT & SONS Total for LTD PREMIUM/JAN W-2'S/ 1099'S Department 105 ALLINA MEDICAL CLINI RANDOM DRUG SCREENS/ ZGO FORTIS BENEFITS INS LTD PREMIUM/JAN HASTINGS STAR GAZETT PLANNING COMM VACANCY HASTINGS STAR GAZETT PROPOSED BUDGET DISCLOSU LABORATORY CORPORATI RANDOM DRUG SCREEN LEAGUE OF MN CITIES SEXUAL HARRASSMENT TRAIN VERIFIED CREDENTIAL BACKGROUND CHECK/CHALMER Total for Department 107 FORTIS BENEFITS INS LTD PREMIUM/JAN MN GOV'T FINANCE OFF GFOA MEMBERSHIP/STARK MN GQV'T FINANCE OFF GFOA MEMBERSHIP/WEBSTER Total for Department 120 LIFEWORKS SERVICES I ORKIN PEST CONTROL TOWER CLEANING SYSTE VIKING AUTOMATIC SPR VIKING AUTOMATIC SPR OCT SERVI CES PEST CONTROL CLEANING SERVICES 12/10 INSPECTION SPRINKLER INSPECTION Total for Department 140 AMERICAN PLANNING AS APA DUES/ JENSON AMERICAN PLANNING AS HINZMAN/ APA & AICP FORTI S BENEFITS INS LTC PREMIUM/JAN Total for Department 150 FORTIS BENEFITS INS LTC PREMIUM/JAN Total for Department 160 DAKOTA COUNTY TREAS - NOV / DAKOTA CO FUEL MONT ELECTRO WATCHMAN, IN ALARM MONITORING FORTIS BENEFITS INS LTD PREMIUM/JAN JACK'S UNI FORM EQUI RESERVE NAME TAGS SHAMROCK ANIMAL CLIN ANIMAL BOARDING COSTS SPRINT (CELL PHONES) CELL PHONE/ MDT VISION C UNIFORMS UNLIMITED MCMENaMY/ UNIFORM Total for Department 201 133.20 1,841.05 1,974.25* 180.00 240.00 96.88 44.73 561. 61* 39.70 181. 38 221. 08* 50.00 11.00 49.05 88.50 36.75 150.00 184.00 569.30* 48.64 40.00 40.00 128.64* 230.92 91.30 1,196.21 297.50 255.00 2,070.93* 190.00 309.00 32.35 531.35* 16.67 16.67* 2,329.78 57.51 461. 07 111.99 117.60 2,515.91 416.53 6,010.39* Date: 12/28/2004 Time: 10:45:05 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment Department Report Department Vendor Name Description --------------~----- -------~------------ ------------------------ BUILDING AND INSPECT DAKOTA COUNTY TREAS- NOV/ DAKOTA CO FUEL MONT BUILDING AND INSPECT FORTIS BENEFITS INS LTD PREMIUM/JAN Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS NOV / DAKOTA CO FUEL MONT LTD PREMIUM/JAN LAMPS TRAFFIC SIGNALS BASE SALES TAX/ ARM MOW/ 515 w 5TH BOWS CALCULATOR LIGHTS Department 300 DAKOTA COUNTY TREAS- FORTIS BENEFITS INS GRAYBAR ELECTRIC GRAYBAR ELECTRIC MILLERBERND MILLERBERND SCHUTT PROPERTY MAIN WALMART COMMUNITY WALMART COMMUNITY WALMART COMMUNITY Total for PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/JAN Total for Department 401 MISCELLANEOUS LEAGUE/MN CITIES INS DEDUCTIBLE / BOLER Total for Department 600 Total for Fund 101 PARKS AND RECREATION ELECTRO WATCHMAN, IN ALARM SERVI CE/VETS PARK PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/JAN PARKS AND RECREATION HILLYARD INC WARMING HOUSE SUPPLIES PARKS AND RECREATION MN PARK SUPERVISORS DUES/K SMITH PARKS AND RECREATION MOTOR PARTS SERVICE BA'ITERY PARKS AND RECREATION NINE EAGLES PROMOTIO SMOCKS/WARMING HOUSE ATT PARKS AND RECREATION OTTO EXCAVATING, INC CULVERT CLEARING/MISSISS PARKS AND RECREATION TOWER CLEANING SYSTE CLEANING SERVICES PARKS AND RECREATION VACKER INC MEMORIAL BENCH SIGNS Total for Department 401 Total for Fund 200 PARKS AND RECREATION ELECTRO WATCHMAN, IN ALARM SERVICE PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/JAN PARKS AND RECREATION MN RECREATION /PARK DUESI JOHNSON & PIRE PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION O'CONNOR PLBG & HEAT POOL HEATER REPAIR Total for Department 401 Total for Fund 201 HERITAGE PRESERVATIO FORTIS BENEFITS INS LTD PREMIUM/JAN Total for Department 170 Total for Fund 210 Page: 2 Amount ----------- 144.99 48.89 193.88* 2,098.54 229.42 418.50 33 .90 702.90 267.15 47 _93 16.78 9.33 114.64 3,939.09* 8.34 8.34* 78.19 78.19* 16,303.72* 230.04 74.67 241.79 35.00 53.51 240.00 1,255.00 500.55 57.51 2,688.07* 2,688.07* 79.88 19.87 318.00 96.58 167.00 681.33* 681. 33* 1.66 1.66* 1.66* Date: 12/28/2004 Time: 10: 45: 06 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment Department Report Department Page: J -------------------- -------------------- ---~----------------- ------ Vendor Name Description Amount FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE AMERIPRIDE LINEN & A TOWELS CARLSON AUTO TRUCK I SERVICE/2001 DODGE TRUCK CLAREY'S SAFETY EQUI CLASS A FOAM DAKOTA COUNTY TREAS - NOV / DAKOTA CO FUEL MONT FASTENAL COMPANY CABLE TIE FORTIS BENEFITS INS LTD PREMIUM/JAN MN FIRE SERVICE CERT LOHMANN/ SUCHY/ JOHNSON/ NEXTEL COMMUNICATION CELL PHONE SERVICE VIKING AUTOMATIC SPR INSPECTION ON 12/10 WATER WAY COMPANY FIRE HOSE Total for Department 210 AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE WILDASIN JANET REFUND OVERPAY CALL 2004 BOYER FORD TRUCKS AMBULANCE PARTS/1463 DAKOTA COUNTY TREAS - NOV / DAKOTA CO FUEL MONT PRAXAIR DISTRIBUTION OXYGEN TRI-ANIM HEALTH SERV MASKS/ MULTI STRAP KIT Total for Department 220 Total for Fund 213 PARKS AND RECREATION BDM CONSULTING ENGIN SURVEY/ ALLLIN PARK SHEL PARKS AND RECREATION RICHARD FISCHER ARCH CONSTRUCTION PHASE Total for Department 401 Total for Fund 401 HOUSING AND REDEVELO FORTIS BENEFITS INS LTD PREMIUM/ JAN Total for Department 500 Total for Fund 404 ECONOMIC DEVELOPMENT FORTIS BENEFITS INS LTD PREMIUM/JAN Total for Department 180 Total for Fund 407 DEBT SIEWERT CONSTRUCTION REFUND OVERPAY SPECIAL A Total for Department 700 Total for Fund 523 26.03 458.32 1,260.00 1,031.28 9.23 209.28 200.00 104.58 127.50 8,339.00 11,765.22* 113.09 98.34 486.20 52.11 453.20 1,202.94* 12,968.16* 679.00 400.00 1,079.00* 1,079.00* 15.68 15.68* 15.68* 3.33 3.33* 3.33* 75,803.05 75,803.05* 75,803.05* PUBLIC WORKS PERRINE PETER REFUND OVERPAY 450.75 PUBLIC WORKS DAKOTA COUNTY TREAS- NOV/ DAKOTA CO FUEL MONT 767.15 PUBLIC WORKS ELECTRO WATCHMAN. IN ALARM MONITORING 57.51 PUBLI C WORKS FORTIS BENEFITS INS LTD PREMIUM/JAN 107.80 PUBLI C WORKS MN PIPE & EQU!PMENT VALVE 98.34 PUBLI C WORKS NAT'L WATERWORKS BATTERIES 1,787.13 PUBLI C WORKS U.S. POSTMASTER BILLING POSTAGE 594.09 PUBLIC WORKS WALMART COMMUNITY CARTRIDGES 97.58 Date: 12/28/2004 Time: :10 :45 :06 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ Total for Department 300 Total for Fund 600 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS FORTIS BENEFITS INS LTD PREMIUM/JAN MN POLLUTION CONTROL WASTEWATER LICENSE RENEW MSC INDUSTRIAL SUPPL SLING HOOK Total for Department 300 Total for Fund 601 CITY CLERK CITY CLERK DAKOTA COUNTY TREAS- NOV/ DAKOTA CO FUEL MONT FORTIS BENEFITS INS LTD PREMIUM/JAN Total for Department 107 Total for Fund 610 PARKS AND RECREATION DALCO JANITOR SUPPLIES PARKS AND RECREATION DIPPIN DOTS, INC. ICE CREAM PARKS AND RECREATION ELECTRO WATCHMAN, IN JAN-MAR SERVICE PARKS AND RECREATION FARNER BOCKEN OOMPAN CONCESSION SUPPLIES PARKS AND RECREATION FERRELLGAS 6 FILLS PARKS AND RECREATION FERRELLGAS 7 FILLS PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/JAN PARKS AND RECREATION GARTNER REFRIGERATIO REPAIR CHILLER PARKS AND RECREATION JAYTBCH, INC. BIOSCAN TEST PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION R & R SPECIALITIES, BLADE SHARPS PARKS AND RECREATION SYSCO, MINNESOTA CONCESSION SUPPLIES/SALT PARKS AND RECREATION UNITED RENTALS LIFT INSPECTION PARKS AND RECREATION WALMART COMMUNITY CAKE PANS Total for Department 401 Total for Fund 615 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS FORTIS BENEFITS INS LTD PREMIUM/JAN GLENWOOD INGLEWOOD C WATER COOLER RENTAL NORTH AMERICAN HYDRO TRANSFORMER WALMART COMMUNITY PRINTER CARTRIDGES Total for Department 300 Total for Fund 620 Grand Total page: 4 Amount ------------ 3,960.35. 3,960.35. 42.08 23.00 95.08 160.16. 160.16. 1,295.54 38.25 1,333.79. 1,333.79. 64.66 364.00 57.51 453.13 90.12 307.47 51. 39 1,050.00 74.55 410.00 105.50 1,030.91 184.14 8.18 4,251.56. 4,251. 56. 15.90 7.46 49,130.00 139.87 49,293.23. 49,293.23. 168,543.09. VI-2 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 01- -05 RESOLUTION PROCLAIMING ARBOR DAY, 2005 WHEREAS, the City of Hastings has declared Friday, April 29, 2005 as Arbor Day, 2005. NOW THEREFORE, BE IT RESOLVED, that I, Mayor of the City of Hastings, do hereby proclaim April 29, 2005 as Arbor Day. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA, THIS 3RD DAY OF JANUARY, 2005. Ayes: Nays: Absent: ATTEST: Michael Werner, Mayor Melanie Mesko Lee, Assistant City Adminirator SEAL VI-3 Memorandum To: Cc: From: Date: Subject: Mayor Werner and City Councilmembers Barry Bernstein, Parks and Recreation Director Melanie Mesko Lee, Assistant City Administrator December 29, 2004 Seasonal Part-time Overtime Council Action Requested: Approve a change in policy for paying overtime to seasonal, part-time employees who qualify under FLSA regulations, effective January 1, 2005. Background Information: Federal Fair Labor Standards Act (FLSA) regulations provide certain exemptions from seasonal overtime regulations for municipalities under certain circumstances. For the purpose of addressing seasonal, part-time employees at the Aquatic Center and Civic Arena, those standards are: . Employees working in a seasonal amusement and recreational establishment, physically separated from the rest of the City operations (by distance or structurally); . The establishment must be open for more than seven months of the year (aquatic center) or its average receipts for any six months of the preceding year were not more than 1/3 of its average receipts for the other six months of the year (civic arena). Once these exemptions have been met, then Minnesota Statutes 177.25 apply: The City must pay time and one-half overtime for all hours worked over 48 in one workweek. (emphasis added) Current City practice has been to pay overtime for these employees for hours worked over 40 in a one-week period. Staff wishes to amend this policy to comply with the federal FLSA exemptions and MS 177.25. If approved by the Council, this information will be communicated with seasonal employees during the upcoming recruitment process for 2005. If you have any questions, please let me know. VI-4 Hastings Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6175 Fax 651-437-5396 www.ci.hastings.mn.us Date: 12/27/04 To: Honorable Mayor and City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Proposed Aquatic Center Fees 2005 Background Information: I have submitted for your review the proposed 2005 Aquatic Center fee schedule. You will notice a slight increase in some swimming lessons, but no other increases are listed or recommended. The NRRC and Park and Recreation Committee of Council both reviewed this information and approved it. Council Action Requested: 1. To approve the proposed fee schedule 2. Not to approve the proposed fee schedule 3. Send back to committee for further discussion REF: City CounciVrnemo 2005 aquatic center fees 11-15-04 To: Park & Recreation Committee From: Darbie A.D. Johnson Re: 2005 HFAC proposal Cc: Barry Bernstein Jeremy Pire The time comes once again during the year to begin planning for the upcoming season at the Hastings Family Aquatic Center. Attached is a proposal for the 2005 season concerning fees. The only proposed increase is for the swimming lesson fee. Due to the growing program, we are in need of additional teaching tools and supplies. If you have any questions, please contact me via email at d iohnson@ci.hastinqs.mn.us or phone at 651-480-6179. 2005 Hastings Family Aquatic Center Fee Proposal Season Passes (No Increase) 2005 AQe 1-5 6 and up 55 and up Resident $40.00 $44.00 $40.00 Non-Resident $50.00 $54.00 $50.00 Daily Admission (No Increase) 2005 Under 42" $4.00 Over 42" $5.50 Swimming Lessons 2004 Prices (8 lessons) Infant/Parent(30 Min) $27.50 Resident ~ $22.00 $24.00 $22.00 After 5 PM $3.50 Level 1-7 (40 Min) $33.00 2005 Proposed Prices (no price increase since 2003) Infant/Parent(30 Min) Level 1-7 (40 Min) $30.00 $36.00 Non-Resident ~ $27.00 $29.00 $27.00 VI.5 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: January 3, 2005 Subject: Appoint Planning Commissioner REQUEST The City Council is asked to appoint a member to the Planning Commission. Two candidates were interviewed on December 20, 2004. Two additional candidates will be interviewed on January 3, prior to the City Council meeting. The name of the recommended individual will be presented at the meeting. The individual would serve out the remaining one year of Commissioner Alongi's present term and would be eligible to serve two additional two year terms. VI-6 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene Stark, Interim Finance Director 2005 Official Depositories and Investment Resolution December 23, 2004 ~_J<;ji"""'";;";='_~= Attached to this memo you will find two separate resolutions for your approval. The first is the annual Designation of Depositories for the daily banking and investment needs of the City. The second resolution is a resolution authorizing the Finance Director and the Assistant Finance Director the Investment duties of the City of Hastings. If you should have questions regarding this information, please feel free to contact me. Council Action Reauested Approve the two resolutions as attached. CITY OF HASTINGS RESOLUTION # RESOLUTION DESIGNATING THE OFFICIAL BANKING DEPOSITORIES AND APPOINTING FINANCE DIRECTOR AS DESIGNATED AUTHORITY FOR APPROVAL WHEREAS, State of Minnesota Statutes Section 118 sets forth the procedures for the deposit of Public Funds and it is policy of the Hastings City Council to authorize the Finance Director, to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and WHEREAS, Wells Fargo Bank of Hastings is now the official depository, and the Wells Fargo Bank of Mankato for the City's Health Insurance contract; and WHEREAS, State of Minnesota Statutes Section 118 sets forth the requirements for the Designation of Depositories, and the insuring and/or securing of deposits; and WHEREAS, it has also been the policy of the Hastings City Council to delegate the authority to the Finance Director to designate the official depositories for banking needs and for investment purposes: and NOW, THEREFORE BE IT RESOLVED, that the Hastings City council delegate the authority to the Finance Director to designate the necessary investment depositories for 2005 and BE IT FURTHER RESOLVED, that the Finance Director of the City of Hastings designates the following banking institutions as per the City's investment policy until further notice: US Bank, Wells Fargo Investment Services, Dain Rauscher, Wachovia Securities (Prudential), Minnesota 4M Fund, Salomon Smith Barney, and additional institutions as the Finance Director deems appropriate. BE IT FURTHER RESOLVED, that the Finance Director or the Director's designee of the City of Hastings is hereby designated as the approval authority for the acceptance and release of all collateral to be held by the City in conjunction with City Funds on deposit with authorized instructions. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 3rd DAY OF JANUARY, 2005. Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assitant Administrator/City Clerk CITY OF HASTINGS RESOLUTION # INVESTMENT RESOLUTION WHEREAS, State of Minnesota Statutes Section 118 sets forth the procedures for the deposit of Public Funds and it is policy of the Hastings City Council to authorize the Finance Director, to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and BE IT RESOLVED, that the Finance Director and the Assistant Finance Director ("officers" ) are authorized, on behalf of an in the name of the City, (a) to direct, orally or in writing or electronically or through any other medium agreed to by said officers and the Corporate Treasury Division of U.S. Bank NA ( "Treasury"), the opening of an investment account and the investment of municipal, funds in securities and/or time deposits with and/or through Treasury through such account; (b) to execute, on behalf of the City, contracts or agreements in connection with such investment account in the usual form provided by Treasury for such accounts generally; (c) to endorse and deliver for deposit, negotiation transfer, pledge, or sale, and to identify or guarantee signatures or endorsements on, notes, certificates of deposit, checks, and securities of all kinds, either belonging to or coming into the possession of the City; and (I) to authorize, orally or in writing or through any other medium agreed to by said officers and Treasury, the debiting and or crediting by Treasury of this City's deposit account(s) at any financial institution for the purpose of effecting such transaction. FURTHER RESOLVED, that the City Clerk of the City is authorized and directed to certify to Treasury the foregoing resolutions and that the provisions thereof are in conformity with the Articles and Bylaws of this City and to certify to Treasury the names of the persons now holding the offices referred to above tend any changes hereafter in the persons holding said offices together with specimens of the signature of such present and future officers. FURTHER RESOLVED, that the authority granted to the officers of this City shall continue in full force and effect, and Treasury may rely thereon in dealing with such officers, unless and until written notice of any change in or revocation of such authority shall be delivered to Treasury by an officer of this City, and any action taken by said officers and relied on by Treasury pursuant to the authority granted herein to its receipt of such written notice shall be fully and conclusively binding on this City. FURTHER RESOLVED, that the actions of any officer of the City heretofore taken in opening an investment account with Treasury and in the investment of City of Hastings funds through such account, be, and the same hereby are in all respects, ratified, confirmed, and approved. FURTHER RESOLVED, that all prior resolutions of the City authorizing the opening of an investment account with the Treasury and the investment of City funds through such account, be, and the same hereby are, rescinded and superseded as to all such transactions with respect thereto effected after the date of adoption of these resolutions. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 3rd DAY OF JANUARY, 2005. Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assistant Administrator/City Clerk CERTFICA TE I hereby certify that I am the duly appointed, qualified and acting City Clerk and the custodian of the records of the City of Hastings, a municipality organized and existing in good standing under the iaws of the State of Minnesota. I further certify that set forth below are the. true titles, names and genuine signatures of the duly appointed, qualified and acting officers of the City presently holding such offices who are authorized under the foregoing resolutions: TITLE. SIGNATURE FINANCE DIRECTOR ASSISTANT FINANCE DIRECTOR IN WITNESS WHEREOF, I have affixed by name in my official capacity as City Clerk of the City of Hastings on this 3rd day of January, 2005. Melanie Mesko Lee, Assistant Administrator/City Clerk VI-7 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene Stark, Interim Finance Director 2004 Capital Rollovers to 2005 Budget December 23, 2004 '~-"_D:Wii,,;=~__~ Attached to this memo you will find a list of capital equipment that was approved in the 2004 budget that has not yet been completed and received by the City of Hastings. Thus the departments request to rollover the 2004 expenditure to the 2005 budget in order to fund the projects. If you shouid have questions regarding this information, please feel free to contact me. Council Action Reauested Approve the rollover of 2004 budget to the 2005 budget.. '" o o "I .9 ~ '" > o "tJ '" 'E '" () '" ..0 .9 <J) E '" ::: 2 '5. '" () '<t o o "I <J) 0> ,!: 1ij '" ::I: - o ~ (3 o - - ~ '" ",0> >"tJ o :J 1:'00 m:g () (j) 0> 2"tJ :J ~ID '<t o - C '" E a. '3 0- UJ c '" E t '" a. '" o "tJ '" "tJ C :J u.. '" '" 00 C C '" '" CUm ..0..0 "tJ"tJ C C :J :J -- "tJ C :J u.. 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'" o C '" C i.i: '" o C '" '3 ..0 E ~ Q) C1) Q) Q) '- '- '- '- u:::u:::u::u::: '" o C "'.!!I 0", C..o .!!I- '" C ..0 ~ -gC!> .a:g "'QJ Q 0 ,.,c '" '" am E~ '" c - ~ mC!> '<t'<t 00 ~ o ~ 00 00 deO o to Oto 1"-- 0)- ~~ 00 00 0<0 0'" o'<t r--:c.6 ~ '" '" 13,., :.cO) '" 0 >0 ~ C 0.<::: 15 ~ ~I- '" '" ,g .2 0'0 a. a. '" o c '" ro ..0 "tJ C .a '" } .!!1 '<t o o o o o o on ~ o o o o o on <J) '" o '~ '" en ro c o 'iij <J) .2! e a. !::: '" o c '" ro ..0 "tJ C .a '" o } '" " o ~ o ~ o o o o o cD o o o o "I .,.; r- ~ c '" E a. '3 0- UJ '"i::: 'iij a. '" a:: 0> C 'c :E 0> :::; (j) ~ U5 ~ c '" ro ..0 "tJ C .a '" o } '" " o o o o o '" o o M to r- ;t '" o o o o '" o ce ~ '" '" .,.; to r- <J) C 0> en - '" ~ U5 0> C 'c c '" ii: ...J ;:: o I- VI.8 MARK J. HOLMES, CHIEF 115 West 5th Street Hastings, Minnesota 55033-1815 HASTINGS FIRE DEPARTMENT Business Office (651) 480-6150 Fax (651) 480-6170 TO: Mayor Werner Council Members FROM: Mark J. Holmes - Fire Chi~~ SUBJECT: Request for Payment DATE: January 3, 2005 At the June 21, 2004 City Council meeting, bid award occurred for a replacement Fire Department rescue truck. The City entered into contract with Ferrara Fire Apparatus Inc. for that purpose. As required by the contract, two payments for the rescue truck were to be made. The first payment was made upon delivery of the vehicle chassis to the manufacturer, the second payment is to be made at the time of delivery. The final payment will reflect a reduction in the total cost in the amount of$8,403.00. The reduction in cost is due to two items which will be completed locally and the vehicle being accepted at the factory and transported by our personnel. The use of local vendors and transport by staff will result in approximately $7,000.00 in savings. Reauested Action: Approve final payment in the amount of$188,597.00 to Ferrara Fire Apparatus Inc. for the receipt of the Fire Department rescue truck. cc: David Osberg - City Administrator Char Stark - Acting Finance Director FIRE SUPPRESSION FIRE EDUCATION FIRE PREVENTION AMBULANCE SERVICE 12/2/2004 15: 45 2255575250 FERRARA FIRE APP PAGE 02/02 ~I~~~~[:~~ @ . FERRJRAFIRE APPARATIJS, INCORPORATED INVOICE .f 27855 James Chapel Road' P.O. .80x 249' Holden, LA 70744 (225) 567-7100' Fax (225) 567-5260.1-800-443-9006 s o L D T o O~ j96 II.; J~i1Jg3 Fire Department M< ,k Holmes 1: ) Wesl: 5th Street S H I p T o ?..as:.ings Fire: :'epartment Ma::ck Ho:'!t'~S liS i-lest. 5th Street ffi 3tings, MN 55033 F.ast~'""19S, r-1N 55033 Net: 3D !t. 755 ~---...-~ SHIPPE:.D VIA -n:RMS 12/: /2004 005 EM I DESCRIPTION SERIAL NO I QUANilTIES -=- UNIT PRICE cne FFA Inc. co:m'If2:rcial rescue l1PUIltHl an II'J:t.emational chassis Cha '.9" order dat:ed 10/30/04 Cha ge order deted 11/10/04 Do><. paymen~ re<::eived u/n/04 Cha.ge order da~ed 12/17/04 $285,066.00 (S8,115.801 $2,556.00 ($68,066.00) (S2,844.001 L . Dea1~ :It: MN'-2004-00117 ~1IZ1DII_1IIII-""~ INVOICE'" ~ .88,S~7.00 $0.00 $0.00 $O.CO I TOTAL'" BP , )6 - FFA (8/00) $~8a. 597.00 VII-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: January 3, 2005 Public Hearing - City Code Amendment #2004-68 - Multiple Family Moratorium Ordinance Changes - City of Hastings Subject: REQUEST The City Council is asked to hold a public hearing to consider the attached amendment to Chapters 10 and 11 of the City Code. The changes were prompted through adoption of the Multiple Family Moratorium Ordinance. The six month moratorium was approved at the July 21, 2004 City Council meeting in order to allow research regarding the impacts of ownership status of multiple family units (rental versus owner occupied). First reading of the ordinance was considered at the December 20, 2004 meeting. RECOMMENDATION - PARTIAL ADOPTION The Planning Commission reviewed the proposed amendment at the December 13, 2004 meeting. The Commission recommended approval of Proposed Change NO.2 (below) only. Commissioner's declined adoption of Proposed Change No.1 citing the inability of the city to enforce the provision and the potential of misrepresenting that ability to neighboring property owners. PROPOSED CHANGES - Per November 15, 2004 Moratorium Ordinance Update On November 15, 2004 staff presented the following proposed changes pertaining moratorium research: 1. Require identification of ownership status (owner vs. rental) at the time of Site Plan and Preliminary Plat approval. Staff recommends amending the submittal requirements for both Site Plan approval (Chapter 10) and Preliminary Plat approval (Chapter 11) to require identification of use of any multiple family building as either owner occupied or rental. Staff would in turn identify the ownership status in the staff report. Planning Commission does not recommend adoption 1 2. Ensure long term maintenance of common facilities and buildings. Staff recommends amending both the Site Plan (Chapter 10) and Preliminary Plat (Chapter 11) requirements to include language establishing an association or covenants to ensure long term maintenance of common facilities (see below). Staff has included this language as a "boiler plate" condition on all multiple family approvals in the last 2-3 years. Planning Commission recommends adoption ATTACHMENTS . Ordinance Amendment (per Planning Commission recommendation) 2 ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 10, SECTION 10.27; AND CHAPTER 11, SECTION 11.04 OF THE HASTINGS CITY CODE PERTAINING TO: HOME OWNERS ASSOCIATION DOCUMENTS BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 10 of the Hastings City code is amended as follows: CHAPTER 10 - ZONING ORDINANCE SECTION 10.27. SITE PLAN REVIEW PROCEDURE. Every person, before commencing construction or major alterations of a structure, except one and two family dwellings and buildings accessory thereto, shall submit to the Community Development Division the following: SUBD. 3. A declaration of covenants. conditions and restrictions or the equivalent document shall be submitted for review and aDDroval bv the City to ensure maintenance of any common elements includinq ODen SDace. common drives. and common utilities. The declaration shall include. but is not limited to. the followinq: A. A statement requirinq the deeds. leases or documents of conveyance affectinq buildinqs. units. Darcels. tracts. townhouses. or aDartments be subiect to the terms of the declaration. B. A Drovision for the formation of a DroDerty owners association or corDoration and that all owners must be members of said association or corDoration which may maintain all DroDerties and common areas in qood reDair and which may assess individual DroDerty owners DroDortionate shares of joint or common costs. The association or coreoration must remain in effect and may not be terminated or disbanded. 3 C. Membership in the association shall be mandatory for each owner and any successive buyer. D. Anv open space restrictions must be permanent and mav not be chanqed or modified without city approval. E. The association is responsible for liability insurance. local taxes and the maintenance of the open space facilities deeded to it. F. Property owners are responsible for their pro-rata share of the cost of the association bv means of an assessment to be levied bv the association which meet the requirements for becominq a lien on the property in accordance with Minnesota Statutes. G. The association mav adiust the assessment to meet chanqinq needs. BE IT FURTHER ORDAINED by the City Council of the City of Hastings as follows: Chapter 11 of the Hastings City code is amended as follows: CHAPTER 11 - SUBDIVISION ORDINANCE SEC. 11.04. PLAT PRESENTATION REQUIREMENTS. Information required to be shown in the sketch plan, Preliminary and Final Plats shall be as follows: SUBD. 2. Required Preliminary Plat Submittal Data. C. Proposed Subdivision Design Features. 13. Draft 9f s139sial s9vonanls whoreby tho Sbl88ivis9r proposos Ie re!jbllat9 land blSO iA tho subdi'/ision and othOlwiso pretoct tho pr-9130ses 80'/9lopmont. A declaration of covenants. conditions and restrictions or the equivalent document shall be submitted for review and approval by the City to ensure maintenance of any common elements includinq open space. common drives. and common utilities. The declaration shall include. but is not limited to. the followinq: a. A statement requirinq the deeds. leases or documents of conveyance affectinq buildinqs. units. parcels. tracts. townhouses. or apartments be subiect to the terms of the declaration. b. A provision for the formation of a property owners association or comoration and that all owners must be members of said association or corporation which mav maintain all properties and common areas in aood repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. c. Membership in the association shall be mandatory for each owner and any successive buyer. d. Any open space restrictions must be permanent and may not be chanqed or modified without city approval. 4 e. The association is responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. f. Propertv owners are responsible for their pro-rata share of the cost of the association bv means of an assessment to be levied bv the association which meet the requirements for becominq a lien on the propertv in accordance with Minnesota Statutes. g. The association mav adiust the assessment to meet chanqinq needs. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this 3'd day of January 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd of January, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 East 4th St. Hastings, MN 55033 5 VIII-B-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: January 3, 2005 2nd Reading\Adopt Ordinance - City Code Amendment #2004-68 - Multiple Family Moratorium Ordinance Changes - City of Hastings Subject: REQUEST Please see the Public Hearing Staff Report for further information. VIII-B-2 Donald J. Fluegel . Shawn M. Moynihan Daniel J. Fluegel FLUEGEL & MOYNIHAN PA Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 Telephone 651-438-9777 Fax 651-438.9775 Memorandum To: Mayor and City Council Members Shawn M. Moynihan, City Attorney ~ From: Date: December 29,2004 Subject: Westview Packaging (Westview Properties, LLC) About two months ago, the city council approved the sale of five acres of industrial park property to Westview Properties, LLC under the city's business subsidy program. Just prior to a closing scheduled for December 23, 2004, the Small Business Administration (SBA) raised an obj ection to the city's requirement that the bank (Vermillion State Bank) and SBA take a subordinate position in priority to the city's assessment lien against the property. As the council will recall, the city reserves the right to access the property for the full purchase plice in the event the required number of jobs are not created. To try to resolve this matter, Westview Properties, LLC is proposing an alternative fOlm of security for the city's full purchase price. Attached is a letter from Westview Properties, LLC explaining the two alternatives it is asking the city to consider. I have forwarded this information to Attorney Bob Deike who was assisted the city with its business subsidy program. Mr. Deike feels that the city's interest will be protected under either ofthese two proposals by Westview Properties, LLC. Some fine tuning will need to be done under either approach. Reconllllelldatioll. Authorize city staff to proceed with the business subsidy transaction upon receiving an escrow or a letter of credit in a form acceptable to city staff and in lieu of V ermillion State Barue and SBA signing the Agreement and Consent. SMM/ham Attachment cc Dave Osberg, City Administrator John F. Grossman, HIP Director John Hinzman, AICP, City Plauner .. Also admitted to practice in Wisconsin 1~/~~/~~~4 ~~:~~ VW\'I" {J"tIlAVI I MoltJ1\1 nlVVl 1>514533725 WESTVIEW PKG. PAGE 01 WESTVIEW PllOPEllTlE8, LLC 21130 CHIPPENDALE AVENUE FARMINGTON. MN 55024 To: Hastings City Council From: Julie Trevis Re: Land Purchase With respect to the Purchase and Development Agreement between Westview Properties, LLC and the City of Hastings. WesMew Properties, LLC has secured financing through Vermillion Bank and the SBA. Federal SBA policy prohibits the SBA from subordinating loan position to the City. Therefore, Westview is asking the City to consider one of the following two options instead' of placing a special assessment lien upon the property: 1. Westview will provide a letter of credit to the City (from Vermillion Bank) for the value of the land. Upon any default of the terms of the agreement, the City would then demahd payment based on this Jetter of credit. 2. Westvlew will purchase a CD at Vermillion Bank payable to the City of Hastings in the event of any default of the terms of the development agreement. This CD would be pledged to the City and held in escrow until such time that all of the conditions of the development agreement are met. If such terms are not met, the City would then be guaranteed the funds from this accOUnt at Vermillion Bank. Westview understands the City's need to protect Its real estate investment. Either of these options provides the City financial security for their real estate investment. We appreciate your consideration regarding our proposals and we hope that a decision can be made in a timely manner as our window of opportunity is quickly closing. Thank You. VIII-C-1 December 29, 2004 TO The Honorable Mayor and Council FROM John Grossman, HRA Director RE: Revised Master Preliminary Agreement and Master Plan Back21'ound On October 18, the Council extended the existing Preliminary Development Agreement with Sherman Associates to January 20, 2005. The extension provided time for the Council to consider the boundaries of a potential tax increment district for the redevelopment. On December 6, the Council established boundaries for a potential tax increment district and called for a Public Hearing on February 7, 2005 to consider establishing the district. The HRA approved the same on December 9, 2004. Action prior to January 20th will allow the City to retain the redevelopment area under agreement with Sherman Associates. At its option, the Council may extend the existing agreement or enter into the attached Master Preliminary Redevelopment Agreement, that incorporates Sherman's refmed redevelopment concept. Sherman Associates is seeking approval of his refined development concept, so that he can proceed with the design of the initial phases. Revising the preliminary development agreement is a means of providing approval of the refined development concept ("Master Plan"). It is also an opportunity to hold the developer to certain timelines for initiating development. The initial Preliminary Development Agreement with Sherman, dated February 26,2004, required that Sherman receive comment from the downtown and the community, and complete a market study of destination uses, and refine his original redevelopment concept. This was done for the Council and HRA review last August was further refined for the consideration in October. The HRA and Planning Commission have approved Sherman's refined concept plan. Following recent Council and HRA direction, the developer, staff and consultants have revised the master preliminary development agreement to be compatible with the smaller size of the district and scope of the redevelopment, and to reflect that a TIF district will be considered but mayor may not be approved. The fmal product is the Master Plan, Exhibit B of the attached Master Preliminary Development Agreement. The riverfront improvements and restaurant/banquet facility detailed in the Master Plan are expected to be contingent on the availability of tax increment. Summary of Proposed Al!reement [J The proposed Master Plan (Exhibit B of Agreement) consists of two site plans, one for Blocks 1 and 16 and one for Block 29, specifying the use, nature and size of the buildings, related public improvements, and the layout of streets, drives and parking. Approval of the agreement also approves the Master Plan. [J The term of the agreement is three years. [J The agreement precludes the City or HRA from entering into a similar agreement with another developer for property in Blocks 1, 2, the north half of Blocks 3 and 4, and part of 29 for the 3 year term. [J The north half of Blocks 3 and 4 are referred to as a "study area." The agreement requires the developer to submit a concept for the "study area" in 2005. Depending on Council and HRA direction, refined plans could be submitted later that year. [J A purchase and development agreement will be prepared for each phase, consistent with the Master Plan. These agreements would include detailed site plans and building designs, the land price, costs, sources, uses and fmancing and construction schedule. If finances indicated a need, the developer would document a request for public assistance. Fiscal consultants would analyze the financial information and make a recommendation to Council and HRA as part of the approval process for each phase. [J This agreement does not commit the City and HRA to approve the specific agreements and plans to be submitted for each phase. Those decisions are at the discretion of all parties to the agreement. [J Possible developments on Block 2 (Bailly's Landing) are not shown on Sherman's master plan. However, coordination of public works, streetscapes and area wide improvements by the developers will be required and checked by staff and documented in plans and agreements for each development. Planning Director, John Hinzman, does not see a need for the Master Plan to go back to Planning Commission. This master plan is the same as the plan approved in October except for changes in the configuration and number of parking spaces on Block 16, and in redesign of improvements at the north end of Sibley. Furthermore, each building/phase will go through the complete development review by the City staff departments and planning commission. Among other things, adequate parking will be considered. Next steps The Council and HRA have three options with respect to the Master Preliminary Development Agreement that expires on January 20, 2005. 1) The City can take no action and the agreement will expire. 2) The agreement can be extended in its current form. 3) The Council can approve the attached Master Preliminary Development Agreement that reflects the Council's current understanding of the project. HRA Action At a special meeting on December 20, 2004, the HRA approved the Master Plan and the Master Preliminary Agreement and authorized execution of the agreement, contingent upon City Council taking the same action. The vote was 4-0. 12/29/2004 MASTER PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2004, by and among the City of Hastings, a home rule charter city under the laws of the state of Minnesota, (the "City") with its principal office at 101 East Fourth Street, Hastings, Minnesota 55033, the Housing and Redevelopment Authority In and For the City of Hastings, Minnesota, a public body politic and corporate, (the "Authority") with its principal office at 101 East Fourth Street, Hastings, Minnesota 55033, and Sherman Associates, Inc., a Minnesota corporation (the "Developer") with its principal office at 233 Park Avenue South, Minneapolis, Minnesota 55415. WITNESSETH: WHEREAS, in furtherance of the objectives of Minnesota Statutes, sections 469.001-.047 (the "Act"), the Authority has undertaken a program for the clearance and reconstruction or rehabilitation of blighted, deteriorated, deteriorating, vacant, unused, under used or inappropriately used, areas of the City, and in this connection is engaged in carrying out a redevelopment project known as the Downtown Redevelopment Area (hereinafter referred to as the "Project") in an area (hereinafter referred to as the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the Authority and the City Council of the City a redevelopment plan for the Project (which redevelopment plan was last revised on December 16, 2002 and is hereinafter referred to as the "Redevelopment Plan"); and WHEREAS, the Developer has proposed to acquire certain real property owned by the Authority and the City in the Project Area and to acquire adjacent parcels of property from third parties (which real property is collectively referred to herein as the "Overall Redevelopment Property" and is shown on the attached Exhibit A); and WHEREAS, the Developer presented to the Authority and the City Council of the City a preliminary concept for the development of the Overall Redevelopment Property through the construction of a mixed use commercial and residential development (the "Development"), which proposal may involve the Authority's use of tax increment and other funds to fTnance a portion of the cost of the Developer's redevelopment of the Overall Redevelopment Property; and WHEREAS, the City Council and the Authority's Board of Commissioners reviewed the Developer's preliminary development concept and entered into a Preliminary Development Agreement dated February 26, 2004 (the "Preliminary Agreement"), under which the Developer agreed to further refine its development concept and to negotiate with the City and Authority concerning public participation in and approval of the proposed Development; and WHEREAS, the Developer's efforts pursuant to the Preliminary Agreement resulted in the formulation of a development concept for a portion of the Overall Redevelopment Property, which development concept has been incorporated into a master development plan (the "Master Plan") which through the execution of this Agreement is hereby approved by the Authority and the City, a copy of which Master Plan is attached hereto as Exhibit B; and WHEREAS, the City, the Authority and the Developer have determined to proceed with negotiations concerning the development of the first phases of the proposed Development which are shown on the Master Plan while continuing to prepare and refine development concepts for other phases of the Development; and WHEREAS, the City, Authority and Developer intend to proceed with phases of the Development if: (i) a design for those phases of the Development can be agreed upon by the City, the Authority and the Developer; (ii) a satisfactory agreement can be reached regarding the Authority's commitment for public financial assistance necessary for those phases of the Development; (ill) satisfactory financing for those phases of the Development can be secured; and (iv) the economic feasibility and soundness of those phases of the Development and other necessary preconditions have been determined to the satisfuction of the parties. NOW, THEREFORE, in consideration of the covenants and obligations of the parties hereto, the Authority, the City and the Developer hereby agree as follows: Section 1. Preliminary Nature of Agreement. The City, Authority and Developer agree that this Agreement is intended to be preliminary in nature. Before the City, Authority and Developer can make a decision on whether to proceed with a specific phase of the Development, it will be necessary to assemble and consider information relative to the uses, design, economics and other aspects of that phase. The purpose of this Agreement is to allow the Developer an opportunity to assemble such necessary information, to further refine the Master Plan, and to negotiate with the City and the Authority concerning the execution of development agreements (the "Contracts") which, if executed, will set forth the rights and responsibilities of the City, the Authority and the Developer with respect to the development of each phase of the Development. During the term of this Agreement, the Authority and City agree that they will not enter into a similar agreement with any party other than the Developer for a project within the Overall Redevelopment Property and that they will not agree with any such alternative developer to provide tax increment or other financial assistance, eminent domain assistance or other assistance in connection with any development or redevelopment undertaken on any portion of the Overall Redevelopment Property. Private owners of portions of the Overall Redevelopment Property may, however, undertake development or redevelopment projects on their properties so long as such development or redevelopment conforms to applicable law. Section 2. Present Intent of Parties. It is the intention of the parties that this Agreement document their present understanding and commitments and that if the following conditions are fulfilled to the satisfaction of the City, Authority and Developer, the parties will proceed in an attempt to formulate a mutually satisfuctory Contract for each phase of the Development: 2 (a) the Developer demonstrates and docmnents to the extent required by the City and the Authority the market, economic and site feasibility of the phase as refined pursuant to this Agreement; (b) the completion of all undertakings required by this Agreement with respect to such phase in a satisfactory and timely manner; (c) the satisfaction of such other conditions as are determined to be appropriate by any party to this Agreement; (d) the proposed phase of the Development is generally consistent with the 2003 Heart of Hastings Plan and the 2003 Request for Proposals Goals and Objectives prepared by the Authority and the City; and (e) the proposed phase of the Development is consistent with the Master Plan. The Contract for a phase of the Development (together with any other agreements entered into between the parties hereto contemporaneously therewith) when executed will supersede all understandings and obligations of the parties hereunder with respect to the applicable phase. Section 3. Master Plan. The Developer's concept for the Development on the Overall Redevelopment Property as originally proposed was preliminary in nature and needed to be refined before implementation. Pursuant to the Preliminary Agreement, the Developer prepared and submitted to the Authority and the City the Master Plan which shows the current understanding of the parties regarding the development concept for certain of the phases of the Development. Specifically, the Master Plan provides for the development of four initial phases of the Development, consisting of a restaurant/banquet facility, a condominium development and a mixed use commerciaJ/housing development all on Block I, and a row house development on Block 29 (the "Initial Phases"). As a result of construction of the Initial Phases, a portion of the currently available public parking for the downtown area on Block I will be lost. It is anticipated that such parking will be replaced by new parking on Block 16. The parties agree that they will continue to work to refine and attempt to reach agreement on these Initial Phases of the Development, including the identification of financing sources for the various activities to be undertaken, and to negotiate Contracts for each of these phases. The Developer will also continue to develop concept plans for the development of phases of the Development in addition to the Initial Phases. Section 4. Additional Developer Undertakings. During the term of this Agreement the Developer will do the following with respect to each phase of the Development: (a) Identify all real property that must be acquired to undertake and complete the phase and, if necessary, attempt to secure purchase agreements to acquire the privately owned property to be included in the phase. 3 (b) Submit to the Authority and City a proposed schedule for all activities related to the phase, including without limitation, the timing of the closing on financing and the various stages of construction. (c) Submit to the Authority and City a refined site plan for the phase showing the size, nature, uses, number of units, square footage and location of the proposed phase, including parking, landscaping and other exterior improvements. (d) Submit to the Authority and City elevation and perspective drawings for the phase showing the refined design of the buildings as seen ttom major streets and ttom the river, which drawings shall be consistent with the City's Design Guidelines for Original Hastings. (e) Submit to the Authority and City a project proforma detailing all costs ofthe phase and the sources and uses of all funds to be raised to finance the phase, including justification for any public financial participation requested. (f) Secure and submit to the Authority and City a market study showing the feasibility of the phase. (g) Secure and submit to the Authority and City evidence acceptable to the City and the Authority showing how the Developer will finance the construction of the phase. (b) Undertake preliminary engineering and soil testing of the property on which the phase will be located. For this purpose, the Developer and its contractors shall have the right to enter upon the portion of the Overall Redevelopment Property owned by the City and the Authority at reasonable times and after notice to the Authority. The Developer shall inde!IlllifY, defend and hold the Authority and the City harmless ttom and against any claims or damage, of whatsoever nature, arising out of its entry onto the land of the Authority and the City. (i) Use environmental reports and studies provided by the Authority and such other studies and testing deemed necessary to determine the acceptability of the environmental condition of the subject portion of the Overall Redevelopment Property. A)l of the information described above shall be prepared or collected at the sole expense of the Developer. The approval of the Authority and City of individual plans for the development of phases of the Development are conditions precedent to the parties proceeding with each phase of the Development. The Developer shall submit to the Authority and City the above information for at least one of the Initial Phases by a date that will allow the parties to enter into a Contract for that Initial Phase within 120 days after the date of this Agreement. The Developer shall submit the necessary information for the remaining Initial Phases, except for the Initial Phase which 4 includes the restaurant/banquet facility, by dates that will allow the parties to enter into Contracts for those Initial Phases within one year ITom the date of this Agreement. The Developer will not be allowed to proceed with any phase of the Development other than the Initial Phases unless it has entered into a Contract for the restaurant/banquet facility proposed as one of the Initial Phases and has secured a tenant and financing for the restaurantlbanquet facility. During the term of this Agreement the Developer will diligently pursue a user for the restaurant banquet facility and will upon request by the Authority or the City update the Authority and City on the status the Developer's efforts in that regard. By July 1, 2005, the Developer will present to the Authority and City a concept plan for the redevelopment of those portions of the Overall Redevelopment Property described on Exhibit A to this Agreement as "Blocks 3 and 4" and, if this concept plan is approved by the Authority and City, will provide to the Authority and City the information described above for those areas by September 30, 2006. All of the deadlines set forth above may be extended by mutual agreement of the parties hereto. Section 5. Authority Undertakings. During the term of this Agreement, the Authority will undertake the following with respect to each phase of the Development: (a) Formulate an estimate of the cost of any public improvements that will be necessary to be constructed as a result of the phase. (b) Using information provided by the Developer on the timing of construction and value of the phase and a "but for" analysis on the need for public assistance, undertake an analysis of the amount of tax increment that may be generated ITom the completed phase and explore the feasibility of using tax increment ITom a new tax increment district encompassing the Development to finance some of the public redevelopment costs associated with the phase. (c) Using information provided by the Developer on job creation and wages, undertake an analysis of the phase's consistency with the Authority's business subsidy policy and the City's and Authority's goals and objectives when granting business subsidies to private businesses. (d) Cause to be prepared drafts of the Contract related to the phase. Section 6. Negotiation of Contracts. During the term of this Agreement, the Authority and the Developer shall proceed with the negotiation of Contracts relative to the phases of the Development. The decision to enter into each Contract shall be in the sole discretion of each of the parties. If prior to execution of a Contract for a phase of the Development either party reasonably determines in its discretion that it is not in its best interest to proceed with the phase, it shall so notifY the other party, whereupon, subject to Section 8, neither party shall have any rights or obligations to the other or to any third party under or with respect to this Agreement as it relates to the subject phase. 5 Section 7. Effect of Ap-provals. No approval given by the Authority hereunder or in connection herewith shall be deemed to constitute an approval of the Development for any purpose other than as stated herein and the process outlined in this Agreement shall not be deemed to supersede any concept review, conditional use permit, vacation, subdivision, or other zoning or planning approval process of the Authority or the City relative to the development of real estate. Section 8. City and Authority Costs. In consideration of the Authority's covenants and agreements set forth herein, the Developer agrees that it will pay all customary City fees payable with respect to similar developments and all third party costs incurred by the City and the Authority with respect to the proposed Development including, without limitation, fiscal, planning, engineering or public works, environmental, tax increment, market consultants and attorneys' fees in connection with the preparation of this Agreement, the negotiation, preparation and implementation of the Contract, the tax increment and business subsidy analysis, the estimating of the public improvement costs related to the construction of the Development and all other transactions related to the Development. Notwithstanding the foregoing, the Developer shall not be obligated to pay the above-referenced fees and third party costs for any part of the Overall Redevelopment Property that it does not redevelop, except for those fees and costs incurred by the City or the Authority relative to the Developer's plans to redevelop portions of the Overall Redevelopment Property that are not ultimately redeveloped by the Developer. The Developer deposited $20,000 with the Authority at the time of execution of the Preliminary Development Agreement and an additional $20,000 subsequent to the execution of the Preliminary Development Agreement. The Authority shall have the right to draw upon such amounts to pay its and the City's costs. If the amount on deposit becomes depleted, the Authority shall have the right to request that the Developer replenish such funds upon which the Developer shall remit to the Authority additional funds to be held on deposit and used to pay costs; provided that the maximum amount of individual additional deposits of funds to be made by the Developer will not exceed $20,000. If on termination of this Agreement, the amounts held by the Authority are insufficient to pay the Authority's costs, the Developer shall be liable for any deficiency. If this Agreement is terminated in accordance with the terms hereof: any sums remaining on deposit with the Authority, after the Authority pays or reimburses itself for costs incurred to the date of termination, shall be returned to the Developer. No other financial obligations shall exist between the parties, other than those that may be negotiated and contained in the Contracts. If the parties enter into a Contract for a phase of the Development it is expected that the Contract will contain provisions detailing how the Authority's costs incurred subsequent to the execution of the Contract will be paid. The Authority will provide the Developer with written proposals trom attorneys and consultants for the services they anticipate providing to the Authority and City and the rates to be charged and, if possible, the estimated costs. At such time as the Authority uses funds on deposit with the Authority to pay costs as provided in this section the Authority will provide the Developer statements or invoices documenting such costs. In the event that the City, the Authority and the Developer proceed with the Initial Phases and/or any additional phases of the Development, and tax increment, tax abatement or other 6 public subsidies are used to assist the Initial Phases and/or any additional phases, if the costs paid by the Developer under this section can legally be reimbursed rrom the source of such subsidies, the Authority and the City agree that such costs will be so reimbursed. Section 9. Modifications. This Agreement may be modified and the term hereof may be extended only through written amendments hereto signed by all parties to this Agreement. Section 10. Termination. On the date that is three years rrom the date of this Agreement, this Agreement shall terminate, unless extended in writing by all of the parties hereto. This Agreement may also be terminated by the Developer if the City or Authority fails to perform their obligations under this Agreement or by the City or Authority if the Developer fails to perform its obligations under this Agreement. Such termination shall be accomplished by giving written notice of termination to the other parties to this Agreement. If such failure has not been cured within a period of thirty days after the date of such notice of termination, this Agreement shall be null and void except for the obligations of the Developer under Section 8 with respect to costs incurred as of the date of termination. Termination of this Agreement shall not affect the rights of any party under any Contract that has been executed as of the date of termination. Section 11. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement. Section 12. Notices. Notice, demand, or other communication rrom one party to the other shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or delivered personally to a party at its address in the first paragraph of this Agreement, or at such other address as such party may designate in writing to the other party. 7 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written CITY OF HASTINGS By Its By Its HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HASTINGS By Its Chairman By Its Executive Director SHERMAN ASSOCIATES, INe. By Its 8 EXHIBIT A Overall Redevelopment Property 2 Overall Redevelopment Property Legend N . . . C) Parcels ~ Water W E .. Buildings :' \ Roads , crr-l OF !lASTIII6S /\j I S Railroads Map prepared 10/06/04 by City of Hastings Planning Dept. Copyright 2004 EXHIBIT B Master Plan 3 111111! 'f r 1 "1 II I! I SIl~S 3u!>tJed leJ8ueE) 69t . ~ c" n; "";:'l!HIIJ.!H(Jlj' 111)JltR o.tJ ;P!!dTTiimnrr, Jdir,rl1::j O'~" ~ . ~ ij$~I~l~.'S,Y.\l;'.I~~~ll:l:'~'j .Eai!J II JQ6.lJSJ81A'..l I, J~g r 1 ';;.g ~. ~l W C' rJ . . 0 g. . " 0. . 'iij ~ '" +" C._ i" -. .~ ~o """ 1It~ ~.~ "- .!!>~ ~~ C ~ . .~ Io.'" ..0 -.,. "" ~-g . C .~.~~ 00 . . "'C';;: -c "'aI~ -- C. . C -- 0 .o~ 0" ;00 ~~-8 'x..!!! :t: 0- ,0 "''''" NO -~ OO~ \ """ ~- qq.'!::: .- . "''''" aI"- i" I :g .' . 0. \ , r ~ , , 1! / 0 :s. 0 'C . " .~ 0. '" '" . . -- 00 . . 0.0. "'''' .... .S: c ~~~ C,,-,,- "" " O.Q 0 -g :U'~ OxE 0",- N"'O N_'" " - ~ "Ri":; -.,. ~~ - . . " O. 00 00 'N "'~ C ~ " ~ o .9 ~ . " - ;; '" " ~O =0. 'ni. "'0 4? \\--=,..... \! II II II I I oj : II : , " ~ .' : "" ~ ., ... GI~' ~~ -" - C II N " ~ ~: . ( t ,. . o -oi in ~ :: " 8 '" " . . >- o o - f'-r) ( $- JB8Jts .(esweN C~)j bf IOOJISMlq!S ~ i ijO - ~ "-", 2! . . E ".21 ::E- < ZI! :5~ "-~ ~:E 0<:' A:!:. ~~ ::;:: :i u.. z l.) Vi UJ CI Z ~ 0<: :;) I- Z UJ ::;: "- 9 UJ > UJ CI UJ 0<: Z ~ I- Z ~ CI II> \j Z !;; <( J: ! ~ o N " . .0 E - u ~::I;~ ~,~ : - C1) C1) .... U) .r: - """ - '" <<I uJ V> " 'm E Q) a:: V> '" .. o '" " "' V> 'x UJ ~ 1/ V> " " '" 'm N E -'" " u a:: 0 .<: <Q V> !q <( '" " '" " V> 'x UJ " " Z .. :s 0 V> .. 0.. " "" c <<: :ij 0 .; is '" " '" ~ V> .. ~ :I: u.. Z U ~ C Z ~ <<: :::J f- z ~ UJ ~ <( 0.. '" 9 " UJ '" ~ V> 'x C UJ UJ <<: Z :;: 0 f- Z :;: 0 C VI U Z t;; < :J: laaJlS Ji:alq!S 0) e e " .' e 8 ~ .. 1> o~ -" "0. .~ "i bD.:!! 1;;.!: '2 iSg=> ""~ &ID~ Q) ~'" ",,, 'i~ z:;; u . o ~ o ~ " ~ i ~ .. "" -0 .9 .".::J.:i(....."'7! ~ ~~J --- ~~ ~ VIII-C-2 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator December 30, 2004 2005 Council Committees Mayor Werner submits to the City Council the attached proposed Committee assignments for 2005. No action is needed, as these will be presented for formal approval the meeting of the City Council scheduled for January 18, 2005. 2005 HASTINGS CITY COUNCIL COMMITTEES PLANNING TOURISM Moratzka (Chair) Hicks Alongi Alongi OPERATIONS ECONOMIC DEV. Schultz (Chair) Riveness Hicks Moratzka FINANCE ACTING MAYOR Hicks (Chairs) Moratzka Alongi Paul Hicks JOINT POWERS/PARK & REC ADMINISTRATION Hazlet (Chair) Schultz Alongi Moratzka (Chair) Hazlet Riveness PUBLIC SAFETY HISTORICAL PRESV. Riveness (Chair) Schultz Hicks Hazlet (Chair Moratzka Alongi UTILITIES Hazlet (Chair) Riveness Schultz