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Home My WebLink About10-04-04 CITY OF HASTINGS COUNCIL MEETING Monday, October 4,2004 7:00 P.M. I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on September 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. Schedule Special City Council Meeting to Canvass Election Results 3. Resolution-Appointing 2004 General Election Judges 4. Approve Temporary Compensatory Time Cap Limit, 5. Resolution-Accept Donation from Lions Club and Budget Adjustment for Parks and Recreation Department 6. Resolution-Accept Donation from Lions Club and Budget Adjustment for Police Department 7. Approve Development Agreement-Glendale Heights 3rd Addition (Ryan Contracting) 8. Authorize Advertisement for Industrial Park Farm Lease 9. Resolution-Declaring Amount to be Assessed and Ordering Hearing for 2003 Improvement Project Assessments: General Sieben Drive Extension, Riverwood/South Oaks, Spiral Boulevard and 31st Street Extension 10. Final Payment-Fire Department Tanker Truck VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1 . Award Bid-Park Shelter Building 2. Public Hearing-Vacation of Alley #2004-53: 2nd Street West of Bailly Street (Hastings HRA) 3. Public Hearing-Sale of Industrial Park land to Westview Packaging VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Review Proposed Assessment for Forest Street-Part of the 2004 Westwood Improvement Project B. Planning 1. Second Reading/Resolution-Vacation of Alley #2004-53: 2nd Street West of Bailly Street (Hastings HRA) 2. Resolution-8ale of Industrial Park land to Westview Packaging 3. Ordinance Amendment-Rezoning #2004-20: A to R-3\PRD-Vitt Property (Centex Homes) 4. Resolution-Preliminary Plat/Site Plan Review #2004-20: 114 Townhome Units-Vitt Property (Centex Homes) C. Administration 1. Resolution-Support for Incorporation of Denmark Township IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next City Council Meeting on Monday, October 18, 2004 VI ,",~....-tOO _NN tn '-DMO,", _NN x U. LI'INO\\O C5 ...._N N .8 .... ~=~:Q I ~ "'S~~ ~ NO'\'-DMO _N'" ::E _COLnNO\ _NN VI MO......~- ....-t_NM VI NO\~~~ x U. _CIOLI'INQ'\ cs: ....-tNN N ~ ~~. ,....:!;~~ a \0('1"'10...... _NN I- LI'INQ\\O __N :E "",,,",,CDLI'I "'_N ~ ~ :::I F ~ "C '" Q) c::. -g :;: ~ c: :::I (5 ~...... ~~ J:C:: E 0. o o r-.: iN I~ ::E: C- oo ..... .;,: M o o N ~ ..... ..... o ..... o ..... .... Q) .J!:! ~ c: :::I 1i! (5 ~...... Q) ~!5 ~ ~ J:ii1 E 0 0. 0 0 0 r-.: N "0 "0 I.. c: c: :::I '0 :::I "0 8 c: 8 c: CU ...... :::I ...... :::I =......-.. 8...... =~ 8...... .a ~ ~ 1!? ......1!? ~1!? ......1!? "C :::I Q) ClQ) :::I~ ClQ) 0 c: 0.0 .5.0 8E .5 ...0 0 uE c: E c: E ::E: ~ra C:ra ~ra c: ra ..... "_ .r: .!!!.r: ._ .r: KO E uu c.u UU ra U E E E E -5 0. 0. 0. 0. ~ 0 0 0 0 0 0 0 0 <;:! e r-.: r-.: r-.: I"- a ..... c: "iij ::E: ..... ::J. ~--:- c::U z.f E 0. o o .j:j Hastings, Minnesota September 20, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday September 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 Mike Werner, City Councilmembers Hazlet, Hicks, Moratzka, Riveness, Schultz, and Yandrasits Members Absent: None Staff Members Present: City Administrator Dave Osberg; Administrative AssistanUCity Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Planning Director John Hinzman; Interim Finance Director Charlene Stark Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of September 7, 2004. Hearing none, the minutes were approved as presented. Consent Agenda Councilmember Schultz requested that the Police Department provide increased patrols on Martin Lane for speed patrol. Moved by Councilmember Schultz, seconded by Councilmember Yandrasits, to approve the Consent Agenda as presented 7 Ayes; Nays, None. 1. Pay Bills As Audited 2. Handicap Warning Sign Request-Martin Lane 3. Interim Building Official Designation 4. SEAS Marathon Route 5. Budget Adjustments, Closing Funds, and Transfers 6. Order Public Hearing-Vacation of Alley #2004-53: 2nd Street west of Bailly Street (Hastings HRA) 7. Omit 8. Approve Extension of Unpaid Leave of Absence 9. Order Public Hearing for Business Subsidy for Westview Packaging 10. Authorize Hiring of Consultant for Aquatic Center Coping Stone Issue 11. Approve Modified Landscape Plan-Dakota County CDA Marketplace Senior Housing 12. Pay Estimate #9-2003-2 RSO Project: Contractor's Edge ($95,490.35) 13. Pay Estimate #9-2003-2 Spiral Boulevard & 31st Street: Ryan Contracting ($1,781.25) 14. Pay Estimate #3-2004-1 Westwood Project: 3 Rivers Construction ($540,787.88) 15. Pay Estimate #2-2004-2 31st Street Project: A-1 Excavating ($312,682.35) Minutes of the Regular Meeting of September 20, 2004 Page 2 of 3 16. Pay Estimate #2-2004-3 Vermillion River Trail Underpass: Mattison Contractors ($92,661.12) 17. Pay Estimate #2-2004-4 10th Street & Highway 61 Project: Ace Blacktop ($144,432.81) Resolutions-Award of Bond Sale Interim Finance Director Charlene Stark stated that the City has received a bond rating increase. She stated that the Council should be commended for their sound financial policies, which helped with the upgrade being awarded. Bob Thistle of Springsted recommended awarding the sale of $5,055,00 GO Improvement Bonds, Series 2004B to Griffin, Kubik, Stephens, and Thompson, Inc. for a true interest rate of 3.2985%. Thistle recommended awarding the sale of $315,000 Equipment Certificates of Indebtedness, Series 2004C to United Bankers' Bank for a true interest rate of 2.8551%. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to award the sale of $5,055,00 GO Improvement Bonds, Series 2004B to Griffin, Kubik, Stephens, and Thompson, Inc. as recommended. 7 Ayes; Nays, none. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to award awarding the sale of $315,000 Equipment Certificates of Indebtedness, Series 2004C to United Bankers' Bank as recommended. 7 Ayes; Nays, none. Copies of resolution on file. Flint Hills Advisory Committee Gary Stevens invited residents to volunteer to be a part of the Flint Hills Advisory Committee, which works with Flint Hills Refinery and surrounding community on quality of life issues as they relate to the refinery. More information is available at Hastings City Hall. Resolution-Variance #2004-48: expansion of a Non-Conforming Use at 2121 Glendale Road (Tom Rezac) Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the resolution as presented. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Special Use Permit #2004-50: Neighborhood Commercial in an R-2 District (Mortgage Office) at 601 Vermillion Street (Jeri Palmer) There was discussion over review of the use, and property use tracking. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the Special Use Permit as presented 7 Ayes; Nays, none. Copy of resolution on file. Minutes of the Regular Meeting of September 20, 2004 Page 3 of 3 Resolution-Site Plan Review #2004-49: Bank/Office & Day Care Facility at 15xx South Frontage Road (Amcon Construction) There was discussion over the east elevation of the bank building and the view on the library as well as the proposed parking. Moved by Councilmember Moratzka, seconded by Councilmember Riveness to approve the Site Plan as presented. 7 Ayes; Nays, none. Copy of resolution on file. Comments from the Audience Tom Cain, 1981 Oak Street, questioned the stoppage of work on the street reconstruction project on Oak Street. He stated concern with asbestos that had been found in the pipes that were being removed. Acting Mayor Hicks stated that the City is working with the contractor, Department of Health and MPCA to find a resolution to remove the asbestos in a safe manner, and that reconstruction has been delayed because of that. He stated that City staff will be conducting a meeting with the contractor on September 21 and that the residents would be provided a recap of the meeting and any proposed resolution. Mike St. John, address not given, requested that the Council approve ordinances preventing racism. Dan Born, 1970 Oak Street, questioned why asbestos was only found on Oak Street and stated that the City should have known about this issue before the reconstruction project was started. Christy Mader, 716 West 19th Street, stated that she would like to be included on any communication regarding this issue, even though she does not live on Oak Street. Deb Miller, 1986 Oak Street, expressed safety concerns with the reconstruction project not progressing, including ambulance access and lighting. Jim Sadowski, 715 Oak Street, stated that it is not hard to cut asbestos; it just required specialized personnel and equipment. Mr. Reiff, 1965 Oak Street, stated frustration with the delay in the reconstruction. Dan Hicks, 1940 Oak Street, questioned his legal rights should his health be affected. Adjournment Moved by Councilmember Schultz, seconded by Councilmember Moratzka to adjourn the meeting at 8:00 p.m. 7 Ayes; Nays, None. ATTEST Mayor City Clerk Date: 09/30/2004 Time: 10:46:00 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report VI-1 Page: 1 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ COUNCIL AND MAYOR SPRINT MONTHLY TELEPHONE Total for Department 102 ADMINISTRATION FORTIS BENEFITS INS MONTHLY LTD PREMIUM ADMINISTRATION NEOPOST LEASING MAILPRO RENTAL/OCT ADMINISTRATION SPRINT MONTHLY TELEPHONE Total for Department 105 CITY CLERK CITY CLERK CITY CLERK CITY CLERK FORTIS BENEFITS INS MONTHLY LTD PREMIUM MESKO LEE, MELANIE EXPENSE REIMBURSMENT OMNI SAN DIEGO HOTEL RESERVATION/OCT 14-19 SPRINT MONTHLY TELEPHONE Total for Department 107 13.41 13.41* 38.65 233.58 199.33 471.56* 11.00 40.02 1,214.94 13 .41 1,279.37* FINANCE FINANCE FINANCE FINANCE FORTIS BENEFITS INS MONTHLY LTD PREMIUM 64.43 INCODE / CMS DIVISIO FINANCE SYSTEM MAINT FEE 11,393.96 SPRINT MONTHLY TELEPHONE 101.50 STRATEGIC INSIGHTS I CAPITAL PLANNING LICENSE 532.50 Total for Department 120 12,092.39* MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE ELECTRO WATCHMAN, IN QUARTERLY MONITORING FORTIS BENEFITS INS MONTHLY LTD PREMIUM HOH CONSTRUCTION REPLACE DOOR FRAME/PD SPRINT MONTHLY TELEPHONE T.D. 'S CLEANING SEPT CLEANING SERVICES TOWER CLEANING SYSTE CLEANING SERVICE/SEPT XCEL ENERGY MONTHLY ELECTRICITY/SEPT Total for Department 140 PLANNING PLANNING PLANNING DAKOTA COUNTY PROPER RECORDING FEES FORTIS BENEFITS INS MONTHLY LTD PREMIUM SPRINT MONTHLY TELEPHONE Total for Department 150 M.I.S. M.I.S. FORTIS BENEFITS INS MONTHLY LTD PREMIUM SPRINT MONTHLY TELEPHONE Total for Department 160 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE CARDIAC SCIENCE INC DEFIBULATOR ITEMS DE LAGE LANDEN FINAN DICTATION SYSTEM ELECTRO WATCHMAN, IN ALARM SYSTEM MONITOR FORTIS BENEFITS INS MONTHLY LTD PREMIUM GRAPHIC DESIGN BUS CARDS/CONNELL & JACO KEGLEY, JOSEPH EXPENSE REIMBURSEMENT LIFELOC TECHNOLOGIES BPT MOUTHPIECES LOHMANN, MARY CLOTHING ALLOWANCE MCGRATH, BRENDA CLOTHING ALLOWANCE MCMENOMY, MICHAEL REIMBURSE/ MEALS MPH INDUSTRIES SPEED MONITOR TRAILER NEXTEL COMMUNICATION CELL PHONE/DRUG TASK FOR OFFICE MAX - A BOISE OFFICE SUPPLIES 57.51 14.64 1,490.50 43.67 1,150.73 1,196.21 4,298.26 8,251. 52* 40.00 32.22 67.07 139.29* 16.67 26.83 43.50* 160.00 290.05 57.51 458.37 88.40 201. 64 36.00 137.97 76.97 51. 63 5,000.00 51. 06 164.68 Date: 09/30/2004 Time: 10:46:00 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 2 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ POLICE POLICE POLICE POLICE POLICE POLICE PUCH, CRAIG SRO TRAINING/MEALS RGNONTI, JAMES EXPENSE REIMBURSEMENT SCHARFE, VALERIE COLLEGE TUITION REIMBURS SPRINT (CELL PHONES) MDT VISIONCARD CONNECT SPRINT MONTHLY TELEPHONE XCEL ENERGY MONTHLY ELECTRICITY/SEPT Total for Department 201 BUILDING AND INSPECT BAKKEN, THOMAS REIMBURSE/HANDBOOKS BUILDING AND INSPECT BENSHOOF KEVIN ICC BLDG INSPECTOR EXAM BUILDING AND INSPECT FORTIS BENEFITS INS MONTHLY LTD PREMIUM BUILDING AND INSPECT NEXTEL COMMUNICATION CELL PHONE BUILDING AND INSPECT SPRINT MONTHLY TELEPHONE BUILDING AND INSPECT SPRINT TELEPHONE BUILDING AND INSPECT UNIVERSITY OF MINNES SEPTIC EDUCATION/ BAKKEN Total for Department 230 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 PUBLIC WORKS PUBLIC WORKS BAHLS SERVICE FITTINGS BAHLS SERVICE HARDWARE BDM CONSULTING ENGIN LOT REVIEW CERT CONTINENTAL SAFETY SAFETY GLASSES DIRK'S LAWN CARE SER LAWN SERVICE/ABONDONED P FERRELLGAS PROPANE FORTIS BENEFITS INS MONTHLY LTD PREMIUM GRAYBAR ELECTRIC WIRE GUARD GRAYBAR ELECTRIC WIRE GUARDS MEYER COMPANY KANE/ CLOTHING NINE EAGLES PROMOTIO WOLFE/ CLOTHING RDO EQUIPMENT / POWE AIR FILTERS RDO EQUIPMENT / POWE PUMP SPRINT TELEPHONE SPRINT VOICE/DATA CONNECTIONS XCEL ENERGY MONTHLY ELECTRICITY/SEPT Total for Department 300 PARKS AND RECREATION ELECTRO WATCHMAN, IN QUARTERLY MONITORING PARKS AND RECREATION FORTIS BENEFITS INS MONTHLY LTD PREMIUM Total for Department 401 LE DUC MANSION BDM CONSULTING ENGIN 2004-6 LEDUC PKNG Total for Department 450 Total for Fund 101 PARKS AND RECREATION FARMERS MILL & ELEVA FERTILIZER PARKS AND RECREATION FORTIS BENEFITS INS MONTHLY LTD PREMIUM PARKS AND RECREATION GERLACH SERVICE, INC. SAW REPAIR PARKS AND RECREATION MN RECREATION /PARK SMITH & BERNSTEIN/ WORKS PARKS AND RECREATION MTI DISTRIBUTING COM 580D REPAIRS PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE 34.49 216.19 1,038.34 801. 46 716.11 36.33 9,617.20* 184.99 140.00 61.11 195.09 67.07 13.41 175.00 836.67* 37.76 12.46 1,750.00 74.55 240.15 12.78 225.85 -82.91 147.69 249.11 250.00 100.00 91.44 223.83 149.29 12,942.13 16,424.13* 57.51 7.65 65.16* 500.00 500.00* 49,734.20* 1,170.14 73 .20 18.37 310.00 342.39 355.60 Date: 09/30/2004 Time: 10:46:01 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 3 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ PARKS AND RECREATION NOBLE'S TIRE SERVICE TRUCK TIRES PARKS AND RECREATION SPRINT TELEPHONE PARKS AND RECREATION SPRINT VOICE/DATA CONNECTIONS PARKS AND RECREATION UNITED RENTALS ROTARY HAMMER RENTAL PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY/SEPT Total for Department 401 Total for Fund 200 PARKS AND RECREATION AMERICAN RED CROSS CPR CARDS PARKS AND RECREATION ELECTRO WATCHMAN, IN ALARM CHARGE PARKS AND RECREATION FORTIS BENEFITS INS MONTHLY LTD PREMIUM PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE PARKS AND RECREATION RABBIT ROOTER DRAIN CLEANED PARKS AND RECREATION SPRINT TELEPHONE PARKS AND RECREATION SPRINT YELLOW PAGE ADV PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY/SEPT Total for Department 401 Total for Fund 201 CABLE SPRINT TELEPHONE Total for Department 420 Total for Fund 205 HERITAGE PRESERVATIO FORTIS BENEFITS INS LTD PREMIUM HERITAGE PRE SERVATI 0 LABRRCK FRANCIS S EXPENSE REIMBURSEMENT HERITAGE PRESERVATIO SPRINT TELEPHONE Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE ANCOM COMMUNICATIONS MOBILE MCS2000/ PROGRAMM 10,000 LAKES CHAPTER 2005 DUES DOERER'S GENUINE PAR SWITCH 1480 FORTIS BENEFITS INS MONTHLY LTD PREMIUM HENNEPIN TECHNICAL C APPLICATION FEE HOLMES, MARK REIMBURSE CONF EXPENSES KREAGER DANIEL TEST FEE REIMBURSE LATCH DEREK TEST FEE REIMBURSE MCMENOMY ADAM TEST FEE REIMBURSE SAWICKI MICHAEL TEST FEE REIMBURSE SCHUTT, MIKE REIMBURSE LODGING/CONF SPRINT TELEPHONE HAGEMEYER NO AMERICA BATTERY PACK XCEL ENERGY MONTHLY ELECTRICITY/SEPT Total for Department 210 AMBULANCE MEDICA OVERPAY BARBARA SHIPP/20 833.58 275.88 298.58 48.20 1,741.08 5,467.02* 5,467.02* 172 . 00 79.88 19.67 41.63 150.00 127.27 10.25 2,221.07 2,821. 77* 2,821. 77* 13.41 13.41* 13 .41 * 1. 66 334.92 13.41 349.99* 349.99* 2,346.00 50.00 14 .39 208.09 60.00 506.38 55.00 55.00 55.00 55.00 480.01 457.18 187.60 865.23 5,394.88* 448.23 Date: 09/30/2004 Time: 10:46:01 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ AMBULANCE AMBULANCE AMBULANCE NINETY-FOUR SERVICES AMBULANCE PARTS PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE AUGUST SUPPLIES Total for Department 220 Total for Fund 213 PARKS AND RECREATION MENARDS CONCRETE TOOLS/MATERIALS PARKS AND RECREATION MENARDS EXPANSION JOINT Total for Department 401 Total for Fund 401 HOUSING AND REDEVELO FORTIS BENEFITS INS MONTHLY LTD PREMIUM HOUSING AND REDEVELO SPRINT TELEPHONE Total for Department 500 Total for Fund 404 ECONOMIC DEVELOPMENT FORTIS BENEFITS INS MONTHLY LTD PREMIUM Total for Department 180 Total for Fund 407 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BDM CONSULTING ENGIN 03-2 RSO BDM CONSULTING ENGIN 03-2 RSO PROJ BDM CONSULTING ENGIN 03-6 GS DR EXT BDM CONSULTING ENGIN 03-7 SPIRAL 31ST BRAUN INTERTEC 03-2 RSO BRAUN INTERTEC 03-2-5RSO CONC TEST BRAUN INTERTEC 03-7 SPIRAL 31ST Total for Department 300 Total for Fund 493 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 BDM CONSULTING ENGIN 2004-1 WESTWD ASBESTOS BDM CONSULTING ENGIN 2004-1 WESTWD RECON BDM CONSULTING ENGIN 2004-2 31st recon BDM CONSULTING ENGIN 2004-3 VRTU BDM CONSULTING ENGIN 2004-4 10TH HWY 61 BDM CONSULTING ENGIN 2004-4 31ST RECON BRAUN INTERTEC 04-1 WESTWD TEST BRAUN INTERTEC 04-2 31ST ST TEST BRAUN INTERTEC 04-2 31ST ST TEST BRAUN INTERTEC 04-3 VRTU TEST BRAUN INTERTEC 04-4 10TH 61 TURN LANE T COLT ELECTRIC INC. LIGHTS/ GUARDS 2004-3 PR SEH ENGINEERS 04-4 10TH HWY 61 Total for Department 300 Page: 4 Amount ------------ 773.82 248.40 493 .80 1,964.25* 7,359.13* 197.09 -10.14 186.95* 186.95* 15.55 13.41 28.96* 28.96* 3.33 3.33* 3.33* 1,253.75 5,215.38 357.00 1,825.00 429.00 2,026.25 1,123.50 12,229.88* 12,229.88* 2,217.50 13,682.00 5,855.64 3,072.13 9,631.64 8,528.00 10,146.00 894 . 00 2,026.25 3,754.75 3,122.25 626.50 1,060.27 64,616.93* Date: 09/30/2004 Time: 10:46:01 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 5 Department Vendor Name Description Amount Total for Fund 494 -------------------- -------------------- ------------------------ ------------ 64,616.93* PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CONNELLY INDUSTRIAL REPAIR LABOR FORTIS BENEFITS INS MONTHLY LTD PREMIUM GRAPHIC DESIGN METER CARDS HEUSSER, JAMES EXPENSE REIMBURSEMENT NAT'L WATERWORKS BATTERIES NAT'L WATERWORKS METERS/MXU NAT'L WATERWORKS MXU'S SPRINT TELEPHONE SPRINT VOICE/DATA CONNECTIONS T.D. 'S CLEANING SEPT CLEANING SERVICES TKDA ENGINEERS PROF SERVICES XCEL ENERGY MONTHLY ELECTRICITY/SEPT Total for Department 300 Total for Fund 600 PUBLIC WORKS FORTIS BENEFITS INS MONTHLY LTD PREMIUM PUBLIC WORKS GRAINGER, W.W. INC. MOTOR PUBLIC WORKS XCEL ENERGY MONTHLY ELECTRICITY/SEPT PUBLIC WORKS ZIEGLER, INC. EXTENDED WARRANTY Total for Department 300 CITY CLERK CITY CLERK CITY CLERK Total for Fund 601 FORTIS BENEFITS INS MONTHLY LTD PREMIUM NEXTEL COMMUNICATION TRAC CELL PHONE SPRINT TELEPHONE Total for Department 107 Total for Fund 610 PARKS AND RECREATION ELECTRO WATCHMAN, IN CONNECT ALARM PARKS AND RECREATION ELECTRO WATCHMAN, IN MONITORING SERVICE PARKS AND RECREATION FAIR OFFICE WORLD INK CARTRIDGE PARKS AND RECREATION FORTIS BENEFITS INS MONTHLY LTD PREMIUM PARKS AND RECREATION RINK SYSTEMS INC GOAL NETS PARKS AND RECREATION SPRINT TELEPHONE PARKS AND RECREATION SPRINT VOICE/DATA CONNECTIONS Total for Department 401 Total for Fund 615 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS FORTIS BENEFITS INS MONTHLY LTD PREMIUM NORTH AMERICAN HYDRO MOUNT LEASE PAD NORTH AMERICAN HYDRO TRANSFORMER REPAIR PARSONS HYDRO PLANT LABOR/REPAIR SPRINT TELEPHONE XCEL ENERGY MONTHLY ELECTRICITY/SEPT 277 . 50 104.86 72 .42 35.00 1,307.55 1,059.00 7,324.13 129.93 149.29 319.50 215.70 10,508.98 21,503.86* 21,503.86* 41. 63 17.50 634.92 490.00 1,184.05* 1,184.05* 37.58 41.15 15.41 94.14* 94.14* 98.00 57.51 69.20 50.03 88.86 95.92 298.58 758.10* 758.10* 15.59 15,556.00 8,040.00 48,867.56 43.67 3,098.08 Date: 09/30/2004 Time: 10: 46: 02 Operator: BECKY KLINE page: 6 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Department 300 75,620.90* Total for Fund 620 75,620.90* PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BDM CONSULTING ENGIN BAILEY RI'DGE BDM CONSULTING ENGIN CENT SO BDM CONSULTING ENGIN CENT SO 5TH BDM CONSULTING ENGIN GLENDALE HTS 2ND BDM CONSULTING ENGIN SCHOOL HOUSE SQ BDM CONSULTING ENGIN SO PINES 4TH BDM CONSULTING ENGIN WALLIN 11TH BDM CONSULTING ENGIN WALLIN WEST Total for Department 300 105.25 526.00 259.75 486.25 446.25 119.00 224.25 89.25 2,256.00* Total for Fund 807 2,256.00* Grand Total 244,228.62* October 4, 2004 Mayor Werner Q1yofHmigs Nemmim To: City Council From: Becky Kline, Finance Department Date: 09/21/2004 The attached Department Report itemizes vouchers that were paid on September 21, 2004. Thank you. Date: 09/21/2004 Time: 09:50:30 Operator: BECKY KLINE Page: 1 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 41315 - 41315 Bank #: (A) Options: Print Ranges/Options: Y Page on Department: N # of copies: 1 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ UNITED STATES TREASU PEDERSON/ LEVY Total for Department 000 644.20 644.20* PUBLIC WORKS COMMERCIAL ASPHALT C HOT MIX Total for Department 300 4,645.65 4,645.65* Total for Fund 101 5,289.85* Grand Total 5,289.85* atyof J-bstigs NeTamim To: City Council From: Becky Kline, Finance Department Date: 09/28/2004 The attached Department Report itemizes vouchers that were paid on September 28, 2004. Thank you. Date: 09/28/2004 Time: 10:24:57 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE LEGAL LEGAL MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING M.LS. M.LS. M.LS. L.E.L.S. PAYROLL DEDUCTION LOCAL UNION 49 PAYROLL DEDUCTIONS LOCAL 320 PAYROLL DEDUCTIONS MINNESOTA NCPERS PAYROLL DEDUCTIONS MN CHILD SUPPORT PMT CASE 00138614701 MN CHILD SUPPORT PMT CASE 001435452601 TEAMSTERS 320 WELFAR PAYROLL DEDUCTIONS Total for Department 000 FILTERFRESH COFFEE SERVICE Total for Department 102 COOPERATIVE BALLOON 1/2 HOT AIR BALLOON FARMER BROS CO. COFFEE Total for Department 105 KNIGHTS OF COLUMBUS ELECTION BLDG RENTAL NATIONAL GUARD ARMOR PRIMARY ELECTION RENTAL OUR SAVIOUR'S LUTH C PRIMARY ELECTION RENTAL ST. PHILIPS LUTHERAN PRIMARY ELECTION RENTAL S & T OFFICE PRODUCT PENCIL SHARPENERS UNITED METHODIST CHU PRIMARY ELECTION RENTAL WALMART COMMUNITY PRIMARY ELECTION SUPPLIE Total for Department 107 GRAPHIC DESIGN BUDGET REPORT COVERS/ 20 Total for Department 120 FLUEGEL & MOYNIHAN P COST ADVANCES/ PROSECUTI FLUEGEL & MOYNIHAN P MONTHLY LEGAL FEE Total for Department 130 DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C ESPRESSO MIDWEST INC LIQUID LEVEL CIRCUIT BOA ESPRESSO MIDWEST INC SOLELNOID VALVE LIFEWORKS SERVICES I AUG SERVICE ORKIN PEST CONTROL SEPT SERVICE ROCHESTER MIDLAND CO SERVICE CONTRACT R & 0 ELEVATOR CO. I QUARTERLY SERV STATE SUPPLY CO BOILER PARTS WALMART COMMUNITY SUPPLIES Total for Department 140 DAKOTA COUNTY PROPER RECORDING FEES Total for Department 150 INSIGHT PUBLIC SECTO CD RW/ PUB WORKS INSIGHT PUBLIC SECTO PRINTER INK CARTRIDGES TELEMEDIA SOLUTIONS TECH SUPPORT TIME BLOCK Total for Department 160 Page: 1 Amount ------------ 592.00 750.00 921. 00 144.00 438.39 238.57 520.00 3,603.96* 180.00 180.00* 2,140.00 24.60 2,164.60* 200.00 135.00 50.00 50.00 62.94 50.00 340.54 888.48* 537.83 537.83* 159.35 10,838.33 10,997.68* 18.50 70.68 37.41 239.37 91.30 497.89 315.75 35.32 31. 12 1,337.34* 20.00 20.00* 66.02 63.36 1,050.00 1,179.38* Date: 09/28/2004 Time: 10:24:57 operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ POLICE POLICE POLICE POLICE POLICE POLICE POLICE CITY OF MPLS. PAWN SYSTEM CUB FOODS CFMH TRAINING/BOX LUNCHE DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C GRAPHIC DESI~N PETERSEN/ NOTARY STAMP INSIGHT PUBLIC SECTO HARDWARE DISC MOTOR PARTS SERVICE UNLOCK CASES WALMART COMMUNITY SUPPLIES/GENERAL Total for Department 201 BUILDING AND INSPECT DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C ECOLAB PEST ELIM.DIV ODOR UNITS FORCE AMERICA CLUTCH PUMPS/ REAR PORTS GRAYBAR ELECTRIC FUSES / HOLDERS KIMBALL-MIDWEST SUPPLIES NORTHERN SAFETY TECH LIGHTS/ BULBS NORTHERN SAFETY TECH LIGHTS/ LAMPS TOTAL TOOL CHAINSAW/ HANDLE WALMART COMMUNITY SUPPLIES Total for Department 300 Total for Fund 101 PARKS AND RECREATION HOISINGTON KOEGLER G PARKS AND RECREATION MOTOR PARTS SERVICE PARKS AND RECREATION MOTOR PARTS SERVICE PARKS AND RECREATION WALMART COMMUNITY Total for PARK PLANNING BATTERY CORE CREDIT CORRECTION SUPPLIES Department 401 Total for Fund 200 PARKS AND RECREATION NEPTUNE BENSON FIBERGLASS NUT HEX GASKE PARKS AND RECREATION WALMART COMMUNITY CONCESSION SUPPLIES PARKS AND RECREATION WALMART COMMUNITY FILM DEVELOPING PARKS AND RECREATION WALMART COMMUNITY SUPPLIES Total for Department 401 Total for Fund 201 MINNESOTA NCPERS PAYROLL DEDUCTIONS Total for Department 000 FIRE FIRE FIRE FIRE FIRE FIRE AMERIPRIDE LINEN & A TOWELS DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C HASTINGS CHRYSLER CE REPAIR/ 1497 NEXTEL COMMUNICATION CELL PHONE CHARGES TARGET STATION SUPPLIES WALMART COMMUNITY FILM / BATTERIES Page: 2 Amount ------------ 144.00 69.09 2,250.92 21.83 92.56 156.29 165.43 2,900.12* 182.56 182.56* 1,923.69 12.25 228.14 133.58 311.46 238.39 60.71 1,229.20 23.54 4,160.96* 28,152.91* 340.25 63.24 5.00 47.29 455.78* 455.78* 334.40 3.07 36.92 27.41 401. 80* 401. 80* 64.00 64.00* 23.03 705.10 112.83 111. 41 19.98 48.99 Date: 09/28/2004 Time: 10:24:57 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE 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 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CITY CLERK CITY CLERK Total for Department 210 ROSE REBECCA REFUND OVERPAY/ PT 8140 BOUND TREE/NORTH AME AMBULANCE SUPPLIES DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE AMBULANCE MED SUPPLIES WALMART COMMUNITY AMB SUPPLIES Total for Department 220 Total for Fund 213 CONNELLY INDUSTRIAL PCI CARD CONNELLY INDUSTRIAL REPAIR LABOR DPC INDUSTRIES, INC. HYDROFLOUROSILICIC ACID DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C ELECTRO WATCHMAN, IN ALARM MONITORING FERGUS DRYWALL INC DRYWALL/PUMPHOUSE G & K SERVICES MAT/TOWEL RENTL GRAPHIC DESIGN INSERTS HASTINGS FORD-JEEP-E BREAKERS/ KIT MN AWWA HEUSSER/ CONFERENCE REG MINNESOTA NCPERS PAYROLL DEDUCTIONS U.S. POSTMASTER POSTAGE Total for Department 300 Total for Fund 600 BRAUN PUMP & CONTROL LABOR/ LIFT STATIONS BRAUN PUMP & CONTROL REPAIR LABOR COLT ELECTRIC INC. REPLACE BREAKER DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C FLEXIBLE PIPE TOOL C UTILITY NOZZLE MCES WASTEWATER SERVICE OCT Total for Department 300 Total for Fund 601 DAKOTA COUNTY TREAS- DAKOTA CO FUEL MONTHLY C MINNESOTA NCPERS PAYROLL DEDUCTIONS Total for Department 107 Total for Fund 610 PARKS AND RECREATION MIDWEST COCA-COLA BT POP / WATER PARKS AND RECREATION MINNESOTA NCPERS PAYROLL DEDUCTIONS PARKS AND RECREATION SHERWIN-WILLIAMS STAIN/ RAMP Total for Department 401 Total for Fund 615 Page: 3 Amount ------------ 1,021. 34* 148.80 27.47 228.50 96.62 25.88 2.92 530.19* 1,615.53* 1,739.15 735.50 627.59 722.28 57.51 1,565.59 133.32 221. 48 189.51 180.00 32.00 573.53 6,777.46* 6,777.46* 1,360.00 398.30 254.33 93.29 49.55 66,285.33 68,440.80* 68,440.80* 1,164.62 16.00 1,180.62* 1,180.62* 377.50 16.00 9.48 402.98* 402.98* Date: 09/28/2004 Time: 10:24:58 Operator: BECKY KLINE Page: 4 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS COLT ELECTRIC INC. CONNECT WIRING HCI PUBLICATIONS HYDRO REVIEW RENEWAL MINNESOTA NCPERS PAYROLL DEDUCTIONS Total for Department 300 150.00 65.00 16.00 231. 00* Total for Fund 620 231. 00* Grand Total 107,658.88* VI-2 Memorandum To: Mayor Werner & City Councilmembers From: Melanie Mesko Lee, Administrative Assistant/City Clerk Date: September 28, 2004 Re: Special City Council Meeting Council Action Requested: Order Special City Council meeting for Thursday, November 4, 2004 at 5:00 p.m. to canvass the results of the November 2 General Election. Background Information: The City Council must canvass the results of the General Election within one week of the November 2 election. Traditionally, the special city council meeting has been held on the Thursday following the election and staff recommends the same for this year. Notice of Special City Council Meeting Notice is hereby given that the City Council of the City of Hastings will hold a special City Council meeting on Thursday, November 4, 2004 at 5:00 p.m. for purposes of canvassing the results of the 2004 General Election. All who are interested are encouraged to attend. Ordered by the City Council of the City of Hastings on October 4, 2004. Dated: October 5, 2004 Melanie Mesko Lee Administrative Assistant/City Clerk E-mailed to Hastings Star Gazette: Friday, October 8, 2004 for publication on October 21 and October 28, 2004 Posted at Hastings City Hall: October 5, 2004 VI-3 CITY OF HASTINGS COUNTIES OF DAKOTA & WASHINGTON RESOLUTION NO. 10- -04 A RESOLUTION OF ADOPTION OF PRIMARY ELECTION JUDGES FOR 2004 WHEREAS, The City Council of the City of Hastings is required by MS 204B.21, Sec. 2, to officially approve the appointment of election judges; and WHEREAS, the Hastings City Council hereby adopts the judges listed on Exhibit A, hereto attached, as the official judges for the November 2,2004 General Election, with the understanding that amendments may be necessary to the appointments in order to fill vacancies and meet party splits. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hastings that the names listed on Exhibit A, hereto attached, are the official Election Judges for the City of Hastings General Election on November 2,2004. Adopted by the Hastings City Council this the 4th day of October 2004. Ayes: Nays: Absent: Michael Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) Exhibit A Maureen McNeary Cindy Smith Francis Allum Doris Cragoe Byrl Wessinger Nancy Olsen Mary Kellogg Vince Teuber Rob Litchke Katrin Lindberg Lin Hansen Marty McNunn Denice Kehn Carol Scully Patricia Fox Ann Stoffel Chuck Cragoe Janice Burr Bill McNamara Maxine Wiech Gladys Anderson Kevin Brooks Kay Smith Pat Milliren Shirle Stevens Joan Moes Phyllis McConnell Joan Moes Marge Trautmann Tim Simon Kathy Lee John Schutt Char Rondeau Erwin Becker Marlene Swanson Muriel Fletcher Jeanne McGree Marie Smead Mary K. Marshall Elizabeth Schmitz 2004 General Election Judfles Rose Lucker Judy Rassett Dora Hinton Mary Savoie James Baumann Scott Jelley Roy Henson Carol Hopf Aslaug Warmboe Roxann Petersen Troy Kilbourne Mary E. C. Teuber Fern A. Mjolsness Peggy Nicholas Clarice Asphaug Lois Maim La V onne Olson Sheila Jones Mary Ellen Olson Mary Ann Teuber Cindy Towe Jerry Bambenek Jeanne Menard Margaret Hicks Janet McNamara Pam Hopf Francis Tisdell Betty Keetley Jill Scully Char Stoudt Antionette Allum Judy Cook Helen Okeson Julie Swanson Janet Peterson Margaret Hanson Robert 1. Johnson Angie Olson Elaine Otto Geraldine Vaith Susan Cruse Carol Allen Joe Schroeder Pat Powers Mary Karlsson Mary Ann Bambenek Kevin Kehn Janice Niederkorn VI-4 Memorandum To: From: Date: Re: Mayor Werner and City Council Melanie Mesko Lee, Administrative Assistant/City Clerk September 29,2004 Request for Temporary Compensatory Leave Cap Adjustment Council Action Requested: Council is requested to approve temporary compensatory leave cap adjustment of up to 120 hours through the pay period that ends January 9, 2005 for Clerical/Elections Assistant Adeline Schroeder. Adeline is working many extra hours in preparation for the November 2 General Election. Any unused compensatory time remaining above the 80 hour limit after the respective end date would be lost. BACKGROUND The City Clerks office currently has two employees (myself and Adeline) working on election preparation. This includes all judge training, health care absentee voting, supply preparation, public accuracy testing, absentee ballot board, and additional hours as required for absentee voting. All of these hours are prior to Election Day and in addition to "regular" day-to-day duties. The week following the General Election will also be busy with post-election duties. Adeline has been extremely helpful in preparation for both the primary and general elections and has been willing to put in many additional hours as needed. - CITY OF HASTINGS VI-5 - CITY OF HASTINGS Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6176 Fax 651-437-7082 Date: 9/29/04 To: Honorable City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Lions Club Donation Back!!round Information: The Hastings Lions Club has generously donated $400 for a park bench as a memorial for a member who has passed. If this donation is accepted by City Council, a budget adjustment is requested for the purchase of the park bench out of fund 200-401-4101-5815. Staff recommends acceptance of the donation. Council Action Reauested: 1) Accept this donation as recommended REF: city counciVmemo of encompass inc sept 2004 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 10- -04 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FOR A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, The Hastings Lions Club has presented to the City a donation of $400.00, and have designated that this donation be used for a memorial bench to be placed in a City park; and WHEREAS, the City Council is appreciative of the donation and commends the Hastings Lions Club for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for a memorial bench within a City park. Adopted his 4th day of October, 2004 Ayes: Nays: Absent: Michael Werner, Mayor Attest: Melanie Mesko Lee, Administrative Assistant/City Clerk (Seal) VI-6 To: Honorable Mayor and City Councilmembers From: Char Stark, Interim Finance Director Date: 9/29/2004 Re: Donation and budget adjustment Background The Lions club has generously donated $15,562.14 to the police department for the purchase of a speedmeter. Please accept and recognize the 1st installment for $5,000 this year and in 2005 and 2006 we will receive $5,281.07 in each of those years. With the acceptance of the donation a budget adjustment is requested for the purchase of the speed meter out of Fund 101-201-2010-6580-Equipment. Council Action Adopt attached resolution, recognizing the $5,000 donation and approve budget adjustments to Donations Fund in the amount of $5,000 and the Equipment Fund in the amount of $5,000 for 2004. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 10- -04 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FOR A DONATION TO THE POLICE DEPARTMENT WHEREAS, The Hastings Lions Club has presented to the City Police Department a donation of $15,562.14, and have designated that this donation be used for the purchase of a speed meter; and WHEREAS, the Hastings Lions Club's donation will be made in three parts: $5,000 in 2004; $5,281.07 in 2005 and $5,281.07 in 2006; and WHEREAS, the City Council is appreciative of the donation and commends the Hastings Lions Club for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for a speed meter. Adopted his 4th day of October, 2004 Ayes: Nays: Absent: Michael Werner, Mayor Attest: Melanie Mesko Lee, Administrative Assistant/City Clerk (Seal) VI-? Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 4, 2004 Subject: Development Agreement - Glendale Heights 3rd Addition REQUEST The City Council is asked to approve the attached Development Agreement between the City and the owners of the Final Plat of GLENDALE HEIGHTS 3RD ADDITION, consisting of 121 residential lots containing 191 townhome units and 10 outlots. The City Council granted Final Plat approval on September 7, 2004. As a condition of approval, the developer was required to enter into a development agreement with the city to memorialize conditions of approval. ATTACHMENTS . Location Map . Final Plat . Development Agreement UJ .... J:,...... C')~ca .- 0 0..- (I).. J::SCU CI) -C C Cij<l:U: -c-cCi) C ~ ~ Cl)Ma.. - C) ~~~~~dd6 :L~ d:~ o 0,10"" Ot~00 "'C c:: . Q) "i ~ .!! ~ ...J J!! !J.II- 5 ~ : 'i 1; .. 2> ~ o ;: (3 I- .. w o II: ~ ;: ~ ,~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0100 j 10" 0000 "I;f" ~ ~z.~ i ~ ~ ...J C) ~ ::J U5 <( (I) - to o c.. to ~ I"' J .~ .. . 5 . . {f TRAIL__ . , c:i O:W w>- >>- 0'" -' 00. W'" 0_ Ir>- 00 ~i=! 0:" wO "'w -,r -'>- ~~ ~~ z WW :>0: Wi>: "'x ~~ >--' >-'" 2~ ">- ~~~ O"'W ~~~ ~~~ WIr", "'0 ~~ui ~~g "'0>- irQ.::> 0:>0 ~~:;j !:!<< -.., I 1 , , I I r J , I , J , I I I I , ~I 3, 6' o~ ", ,,/ z~ ,,/ <~ V ~< <~ ~S ~s ~ ~ g 9 N ....,....~;:....\ &0 ,... \! \ -r--t--'\\-it \= \ \ ~ r--r-"'_..,r-.. \: \!I \\ , \ .>_ : . :' :' 1\ . " " " \ ~\>-~'~ I I I 1\ \ \ ...I \,.0 I I , I \ \.-...1_ '-_1....-1_-1 \,.-_ --'0:.... " N ~t5 ~~ ~~ :5~ ~ >- w"' w'" 0:"--' !5!oo. o.....l.aJ o~i!: ~:>z ",00 ur cz~ t::!~ W '" CD~UJ -'",0: ~J:.i "'U "'0 >-oz zu", ~yi~ "''''''' ~:f~ ~~~ :JOt-- S~~ ..abet: S~~B zwijlr I-~~tn ~~o...J ~~u;i ~~~~ ~~ r--,-~,'~__r_-r_..,r--~""'\\ " I J J c, J J II \ \ 9 " / J /: : I : :\ '\'\~J I._It:) ~,' : ~; t! 'J~J \..._,-...1 --I 1..____ ~t5 ~~ z~ ~~ '~ ~ '"", ~~~ ""0. ~ ~ '" ", "" (~ ') / / / s . ~ ~ ~ '~ ---- --1'f\!\dS d ~~ ~~ "'\ ~r-T-.., ... \ I '",.. I </'\,,, ',-}-.1____." "...... \ v' r it I '.... ,. '__-i /"':" v7 r-- , _J <,,' ')/ F"===-'" r--":::.~{ I ':--t r I \-__ it I i-:--1 9 ~_===~ L__==..J.., r- . ~ r-.. ~ ~___/;_ I ~--:-- I I ___J I _J F=---, L_______., I $I r i. I "--,-1 i----i L_ __~ L _ J .......... s ~i ~i:\ ~~ /' GLACIER WAY " I \ \ I I I I I I o W f- <{ U is ~ w (f) ~ ct: w f!: o g /' (J)W ioi!: Q,... UJ<( I . W'" W...Jw ;tG:~ azo zou ~Q~ ~~~ aaz ~~5 auu ~~~ """-0 ~o~ 6 ~zo ~ ~~~ 0: WOF ~ cri~~ ~ ~aw 4! ~8~ ~ 5~~ >- z w '" Q. o ~ w a w u z w a Vi w 0: o W Z Z .. ..J Q. " w U z w a Vi w '" I " r :> ":2 za ~~ N. a "C>: ~~ ~d: ~:; :tog- '" < :I 5 o -0 "' OJ "' C "'c c ._ :;:;~ "' o :>:. :r:~ c - :0 o 0 >,U ~ 0 U~ o -'" o o ~:!l' ~iSI! ItlfXB ji.iil 'Sl~h g.12i~ H!;~: ~ I 1A u :;: ~ , '" " DEVELOPMENT AGREEMENT FOR GLENDALE HEIGHTS 3RD ADDITION THIS AGREEMENT is made this _ day of , 2004, by and between the City of Hastings, a Minnesota Municipal Corporation ("City") and Ryan Development, Inc. a Minnesota Corporation ("Developer") WHEREAS, Developer proposes to undertake the development and construction of a residential development on property proposed to be platted as Glendale Heights 3rd Addition, Dakota County, Minnesota, (hereafter referred to as "Subject Property"); and WHEREAS, public hearings have been held providing the opportunity for input by the neighbors and all interested persons; and WHEREAS, the Hastings City Council has approved Developer's proposed plat of the Subject Property, subject to Developer entering into this Development Agreement and otherwise complying with all conditions of city council approval. NOW, THEREFORE, it is hereby agreed between the parties as follows: 1. Application of Development Aueement. This Development Agreement shall apply to the following property proposed to be platted in the City of Hastings, Dakota County, Minnesota, legally described as: 1 Glendale Heights 3rd Addition, according to the plat thereof, to be filed in the Dakota County Recorder ~ Office. This property hereafter shall be referred to as "Subject Property". All references in this Development Agreement to a lot, block or outlot, shall refer to lot, block or outlot contained in the plat of Glendale Heights 3rd Addition. 2. Parties Authority to Sifln. Developer warrants to the City it has full authority to enter into this Development Agreement and perform the conditions herein contained. Developer further warrants that this Development Agreement will be recorded against the Subject Property before any of the Subject Property is transferred or encumbered in any way. 3. Density. The Subject Property has been approved for 80 villa homes (8 unit buildings); 89 coach homes (3-5 unit buildings); 22 twin homes; and 10 common ownership lots. 4. Ravine and Slooe Areas. The Subject Property contains areas with steep slopes, severe grades and ravine areas. These are environmentally sensitive areas. Accordingly, the following special conditions apply to these areas. A. All severe grades and slopes within the Subject Property must be reforested with naturally occurring trees and shrubs to recreate the habitat and environment that existed prior to development on the Subject Property, as well as to stabilize the severe grades and slopes. B. The homeowners association to be created pursuant to paragraph 14 shall be 2 fully responsible for the maintenance of all ravine slopes. The homeowner's association documents must include language that specifically acknowledges this maintenance responsibility. C. The emergency overflow for ponding basins must not be drained into ravine areas. The ponding basin between Rushmore Road and the north property line must be reconfigured to avoid any overflow going into the adjacent ravine. 5. Private Roads. All private roads within the Subject Property, must be constructed to all City specifications. The City will not be responsible for any maintenance, repairs, or replacement of private streets within the Subject Property. 6. Draina1!e. All off site drainage must be controlled so as to detain as much runoff on site. In those locations where runoff can not be contained on site, Developer must install special measures such as filter dams, rock check dams and French drains to contain runoff on site on the Subject Property. 7. Three Unit Buildin1!s. Any buildings constructed on the Subject Property which consist of three or more units must receive site plan approval by the Hastings Planning Commission and the Hastings City Council prior to their construction. No building permits for any such buildings will be issued until these approvals have been obtained. 8. Gradin1!. Draina1!e and Utility Plans. No construction or grading of any type shall take place on the Subject Property until Developer has received final approval from the City's Public Works Director for Developer's grading, drainage and utility plans. 3 Furthermore, no construction shall take place until Developer has reimbursed the City for all fees incurred by the City in reviewing Developer's grading, drainage and utility plans. Developer assumes all risks if Developer proceeds with any grading or utility replacement before receiving final approval from the City's Public Works Director. 9. Landscavin1! Plan. Before the City will sign the final plat, Developer must submit and receive approval of Developer's landscaping plan. This landscaping plan shall include, but not be limited to, identifying the size, species and method of installation for all required boulevard and front yard trees, as well as all cul-de-sac islands. 10. Tree Preservation Fencin1!. Before any grading is commenced on the Subject Property, Developer shall install tree preservation fencing around all trees that are not to be removed. This tree preservation fencing must remain in place and be maintained throughout all development in the vicinity of the trees. 11. Tree Replacement. Developer shall replace all removed trees as specified in the Tree Preservation Guidelines. These guidelines can be obtained from the City Forester. 12. Park Dedication Fees. Before the City will release the final plat, Developer shall pay to the City cash in lieu of land in satisfaction of the City's park dedication requirements. To satisfy this park dedication requirement, Developer shall pay to the City $222,200. Additional park dedication fees will be required when additional parts of the Subject Property are replatted. 13. Sewer Interceptor Fees. Before the City will release the final plat, Developer shall pay to the City $63,985 for sewer interceptor fees. Additional interceptor sewer fees 4 will be required when additional parts of the Subject Property are replatted. 14. Declaration of Covenants. Conditions and Restrictions. Before the City will release the final plat, Developer must prepare, at its expense, a declaration of covenants, conditions and restrictions or an equivalent document, subject to the approval of the City. The purpose of this document will be to ensure maintenance of all open spaces, common property, private roads and private utilities. The declaration shall include, but not be limited to, the following: A. A statement requiring the deeds, leases or documents of conveyance effecting buildings, units, parcels, tracts, townhouses or apartments to be subject to the terms of the declaration. B. A provision for the formation of a property owner's association or corporation and that all owners must be members of said association or corporation which will maintain all properties and common areas in good repair and which may access individual property owners a proportionate share 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 changed or modified without City approval. E. The association will be responsible for liability insurance, local taxes and the maintenance of the open space facilities that are deeded to it. 5 F. Property owners will be responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. G. The association may adjust the assessment to meet changing needs and costs. 15. Recordin!! of Final Plat. The final plat of the Subject Property shall be recorded with Dakota County within 90 days after final approval is given by the city council. If the final plat is not recorded within that time period, the City's approval is void and Developer must re-obtain all City approvals. 16. Outlots. No development or construction shall take place on any outlots in the Subject Property until the oulots have been replatted into lots and blocks. Developer agrees that further sewer interceptor fees, park dedication fees and other costs may be required as a condition of replatting any outlots. 17. Site Gradin!!. The entire Subject Property, i.e. all platted lots and all outlots, shall be graded at the same time. All site grading on the Subject Property shall be completed according to the grading plan approved by the City. All disturbed areas on the Subject Property must be stabilized with a rooting vegetative cover to eliminate any erosion problems. All disturbed areas on the Subject Property shall also be maintained so as to comply with all City of Hastings property maintenance ordinances. As-Built Grading Plan - Upon completion of site grading, the Developer shall submit to the Public Works Division for review, an as-built grading plan in a 6 type and format specified by the Public Works Division showing the newly graded elevations at all lot comers, critical elevations in drainage ways, one foot contours at ponding and sedimentation basins, and at ponding level control points for ponding basin emergency overflow swales. 18. Letter of Credit and Inspection Escrows. A. Before Developer begins any grading on the Subject Property, Developer shall post with the City a letter of credit or escrow in the amount of 125% of the grading cost. B. Before the Developer begins any street and utility construction, Developer shall post with the City a letter of credit or cash escrow in the amount of 125% of the street and utility improvement costs. Additionally, before any grading or street and utility construction commences, Developer shall also post the cash escrow in an amount determined by the City's Public Works Director to reimburse the City for inspection fees that incur for the grading, street and utility construction inspections. Before Developer begins any grading or any street or utility construction, Developer shall provide City with proof of liability and insurance in an amount of at least one million dollars. City shall also be named as an additional insured on all liability insurance policies used to satisfy the requirements of this paragraph. C. All letters of credit required by this Agreement shall be in a form acceptable to the City and issued by a company licensed to do business in Minnesota. D. Maintenance Bond - Prior to accepting or approving the completed 7 Developer financed and constructed grading and/or street and utility improvements, the Developer must submit a maintenance bond from Developer's contractor in the amount of 20% of the improvement costs, covering a period of one year after City acceptance of the improvements. E. Privately Constructed Improvements - In the event the Developer elects to pay one hundred percent (100%) of all costs incurred for installation of the improvements outside of the normal assessment procedure, Developer may do so provided Developer complies with the following requirements: 1. All construction shall be in accordance with plans and specifications approved by the Public Works Division. 2. The Developer must retain a registered civil engineer to design and inspect the improvements and to certify that the improvements were constructed in accordance with the approved plans. 3. Complete the required improvements within a two-year period. 4. Provide the City with reproducible as-built drawings of the improvements within two months of completion of the improvements. 19. Svecifications -Insvections. A. Unless otherwise stated, all of the required improvements shall conform to engineering standards and specifications as required by the City. Such improvements shall be subject to inspection and approval by, and shall be made in sequence as determined by the Public Works Division. Plans and 8 specifications for the required improvements shall be submitted to the Public Works Division in a type and format specified by the Public Works Division . for review and approval. The required improvement plan review fee as established by City Council resolution shall be paid at this time. B. Inspection of Public Improvements - Construction of all subdivision street and utility improvements and other required subdivision improvements shall be inspected by a City designated inspector for compliance with City standards, and the approved improvement plans and specifications. The Public Works Director shall detennine the estimated cost of inspection services. The City will pay all improvement inspection costs incurred from these escrowed funds, and furnish the Developer with copies of all invoices received. The City will also charge 10% of the consultant fees to cover City overhead and administration costs connected to the inspection services. Excess funds will be returned to the Developer upon completion and acceptance of the improvement project. If the funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. C. As-Built Improvement Plan - Upon completion of the required public improvements, the City inspector shall prepare a record as-built drawing of the constructed improvements. 20. Electronic Copies of Required Documents. Before the City will sign the final plat, Developer shall submit to the City, electronic copies of the plat, plan set record 9 drawings and grading plan in an electronic format which is acceptable to the Hastings Engineering Department. 21. ProDertv Monuments. Steel monuments shall be placed at all block comers, lot corners, angle points, points of curves in streets and at intermediate points as shown on the Final Plat. Such installation shall be the developer's expense and responsibility. All U.S., state, county, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. The Developer shall replace all monuments displaced, damaged or removed during grading operations. The monuments shall be installed after the final grading has been completed. The Developer shall provide required certification of installation to the County. A copy of this certification shall also be sent to the City. 22. ReQuirements for a Buildinf! Permit. A. No building permits shall be granted on the subject property until such time as a certified copy of the recorded plat has been filed with the City and production of proof that all conditions of plat approval have been met. In a case where the City of Hastings is a party to the platting, a copy of the plat, certified by the City Clerk as true and correct, shall satisfy the requirements of this section. B. No building permits shall be granted on the Subject Property until such time that the Developer provides the City with a certified survey indicating that the entire site as shown on the preliminary and final plats has been graded pursuant to the approved elevations shown on the preliminary and final plats. 10 C. No building permits, except for approved sales models, shall be granted on the Subject Property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer, water main and storm sewer improvements tested and accepted. 23. Buildinl! Permit Submittal Requirements. An original certificate of survey from a licensed surveyor is required for all new development, including expansions of existing buildings. The Building Official may for accessory structures or minor additions (decks, porches, attached garages), waive the Certificate of Survey submittal requirements in favor of an approved site plan indicating the location of existing and proposed structures in relation to lot lines. A. The Certificate of Survey shall reference and be based on an approved grading plan. B. The Certificate of Survey shall include at a minimum the following information: 1. Property boundaries. 2. Existing structures. 3. Proposed structures (including driveways). 4. Existing and proposed lot comer elevations. 5. Proposed drainage flow (arrows). 6. Proposed garage floor elevation. 7. Proposed lowest floor elevation. 8. Proposed lowest foundation opening. 11 9. Proposed top of foundation elevation (front and rear). 10. Proposed finish grade elevations at building corners. 11. Street right-of-way (to centerline). 12. Existing property monuments. 13. Detailed spot elevations for drainage swales based on the approved grading plan. 14. Existing and proposed midpoint elevations on side lot lines. 15. Existing top of curb elevations at the extension of side lot lines and at the midpoint of the lot. 16. On-site sewage treatment system location and potable well location, if applicable. C. Survey benchmarks shall be identified on certificate of survey. D. Field hubs shall be placed onsite by a licensed surveyor to show top of foundation elevation and setbacks. 24. Erosion Control Plan Requirements (May be identified on Certificate of Survey). A. Silt Fence - A silt fence shall be identified on the erosion control plan. The silt fence shall be located along the front yard (3 feet from curb or behind sidewalk), along existing developed yards, and where needed for erosion control as determined by the City's Engineering Department. 1. Rock Driveways - A rock driveway shall be identified on the erosion control plan. The rock driveway shall be constructed of CAl/CA2 Course Aggregate 12 1-2" rock - 6" deep per MPCA Manual. 25 Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto and shall run with the land. 26. Recording of Agreement. An original executed copy of this Agreement shall be filed with the Dakota County Recorder's Office, which shall give notice to all subsequent purchasers of the property within the Subject Property of the provisions of this Agreement. All recording fees shall be paid by Developer. 27. Recording of Final Plat. The final plat of the Subject Property, as approved by the City, shall be recorded with the Dakota County Recorder's Office, before any building permit is issued. 28. Other Conditions. Nothing in this Development Agreement shall limit or modify in any way the conditions imposed by the Hastings City Council as part of its approval of the preliminary plat and final plat of the Subject Property, which conditions are on file at Hastings City Hall and which are incorporated in full into this Agreement by reference. 29. Miscellaneous. . A. It is agreed that any breach of the terms of this Development Agreement shall be grounds for the denial of any building permit, certificate of occupancy or any other required city approvals with respect to the lot or lots to which the breach directly relates. Developer shall be provided with notice of any breach of the terms of this Development Agreement in accordance with the notice 13 provision hereafter and shall be provided a period of 30 days in which to cure the breach. During this 30 day notice, the City shall be allowed to withhold any required pennits, certificates of occupancy or any other City approvals, unless the City is given assurances in an amount and a form deemed appropriate in the sole discretion of the City that the breach will be eliminated. B. If any portion of this Development Agreement is held in valid for any reason, that decision shall not affect the validity of the remaining portions of this Development Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Development Agreement. All amendments or waivers to this Development Agreement must be in writing, signed by all parties and approved by written resolution of the city council. D. All parties to the Development Agreement have participated freely in the negotiations and preparation hereof. Accordingly, this Development Agreement shall not be construed more strictly against anyone of the parties as a result hereof. E. Any notice required by this Development Agreement shall be sent to the parties as follows: TO THE CITY: City of Hastings Attn: City Administrator 101 E. Fourth Street 14 Hastings, MN 55033 TO THE DEVELOPER: Ryan Development, Inc. Attention: Tom Ryan 8700 13th Avenue East Shakopee, MN 55379 Dated this _ day of ,2004. CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: ~chaelD. VVerner,~ayor (SEAL) By: ~elanie ~esko Lee, Administrative Assistant/City Clerk DEVELOPER: RYAN DEVELOPMENT, INC., A MINNESOTA CORPORATION By: Tom Ryan, President ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2004 by ~chael D. VVerner and ~elanie ~esko Lee the ~ayor and Administrative Assistant/City Clerk of the City of Hastings, Hastings, Minnesota. 15 NOTARY PUBLIC ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 2004 by Tom Ryan, President of Ryan Development, Inc., a Minnesota Corporation, who is signing on behalf of the corporation. THIS INSTRUMENT DRAFTED BY: Fluegel & Moynihan P.A. 1303 South Frontage Rd., #5 Hastings, MN 55033 SMM/ham 16 VI-8 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 4, 2004 Subject: Authorize Advertisement for Industrial Park Farm Lease REQUEST The City Council is asked to authorize advertisement to lease approximately 100 acres of undeveloped land in the Hastings Industrial Park for agricultural purposes. The land is generally located east of Enterprise Avenue and west of Glendale Heights. It has been our practice to seek bids for lease every couple of years. Bids were last advertised in 2001. ATTACHMENTS . Location Map . . . . ~.., >'{' . .M """-",,,)/ 5..'''' ','~ "...0 \'\ I ," ~ :,'pi:!iq~"'1\q::It;Jj;r::jC;:ld,J<:.;rc=>=i!')8. I !! C +........., '\. C: \)\.:/7 "",",;"',$t ':?;~/....... .. ..\'..':.' ".:~':k-:: "" \ ,~\~\r\:, ~f'~[f":ilt;'~~~~'~l~j~~J ....c:'I::::::::::i.r:::m.m..m. ...L..m'r,;:.m~_",g::' ,:::::L.' . ". - .:':..m;(.....-..m..-.--...::-:.-::.::..:~;:1;:' -----.... m.mt.. \m m........ .\:'~--.-tIi.<, _'n : t:1Ji~i~-i~ ~6J~~~ ,-4 II I I ~.~.,::t .::~;\ "::::'\,~.:~)0~i;:;:~:~{;. ":-. ~f,'/"'" Iii .\~ ,.~..----~, \ q~~L~ _s~ "::~i~~~~f~ ..-;,~. J:::.I ...<., "',:...,\, ,\::) \ ':' 0' ~.:.:~ I:r ~~. ..--.--..~ ~- "~~Q/.~/ .-.'.'..,<\ \~~"'m!: /::<'~'t/ ~ '<~~{\.,..-:.-...' \ :~. : ~~:....-:~ ....--..----:m.--..--.......)i!L\~ ((I ~~S.1::~~~," \:~'\ .:>.... ~'b'1: W ...:....~\: _.::::::::;.......--..j;m....--...--m.ji:~~I' ~ '. H;[.tJ" /.<~./ '~"k:"'>c>~: ...,.~:.:~ .-:.;:::.. qli~' Hi ': ,:.!~~ [&~!:1r~ .-;././.., l". y",; ~ ~:):~...:... ..-:/ : i[ . . ;: : ./.:. ~ :f9:.;.~(______ .:':/!f>/~g. "i-:. .AI~>>)'~'>'" ..:::;::::.V'" (> - -:- !i . ~~ "" .~:.~~ Ir;',:<-.6'[$ . Y'!~ \:~::;'-:::::/ , !! (/.! '. ".......m h>.._~..__..-..:.-:_.,::..... 'FT CJ ')fV ~ c::." '"'if ' ,.... y \:, \: . ...m~:::;::::''''''' ~ > ~y G-rn-..':n ..::. :~.: : ,,<:'~~':::"":... ..... ....mwm_mm_______}\_____________W__hh .n_L__m;:.______.:.::. !-~ L -- --..--- ----.~'----;; ~.s 1 - r -;~;~,~ '\~\, '\"m J!lr \, dJ ~ -, ::.-- "..,~w D:.... ,'.. ~::' ~~ ~ 0 2 ~?i .. 11. .. i~'! :~~, " \\,;~~ iij J , ~ ~ ~ ~ d ~ g ii ~ fIj !~~; I.~"~_...j / ~ ...n__". -:0'.. :,~::~;:;~r;;.:.::~~~:.:;.~~~ ./.~~:'\ o ---I < ---I Z " "':l;7j .......--h. . '., ..,:__.,,,>R,. .' '~.~ ~. , j :o~ ~ ~: n ~. ~ 1! ' [~=J=""'~,,lJ~;.(,';,%P\~\,,",' ~ 2 ~ rn ~ ~=",'~",~~,~i~',,;!~;;=='o J !!\<<'" ~~\ \~~c"\\ ! ~ ~ ~ ~ Ji " L !Ii &.i ......... [ i ,,~':::.>::::-.. I rJ~i) \ : r Q) ~ Z CJ)"1J i1. ' "\ ----c-:i", , - . I! " . \-..! f'~: \ ff ~ )> ---I )>)> H .' ,: .' ....., , Ii ~ \:-..: "'fJ \ :'/ :J Z ;::0 r;::o i! ~ ~.....~ ~~ ~,""" i ~ -..::-, i i l ."/ ~ m m ^ j\ ~ ~",,:\~ ~'~ ~~~\ ! i ,,"":'I \~ i' \ :::.__::>.:.:., 3 en :;: : ,,,;: ~~" '\ ~" ,,, \l ."-.'~ ~, \ i ! . :"<.-,., :J ---I f ".;; ~N $ ~ -.J ~ : ,,,-,-, ~ "" ., ~ S ~ ~ c m !i ::~ ,,~! ."-.' \,,"0::: t-.::~ """\...'-':~"-.. ~~, " {IJ i! : ,(j' ~ '11 'N :\ ~ ":.'~ ~ ~ . '0 ~j !::: ,," : " . <: """ : (J) ~~ " . ill> "- i :~ 2" "...." . it .... w , :~" "''' ,-'.' ":'I co ) ~ ~ .. N ~ : ~ ,," ; ~ : ~ "" ~, ::J :-" ~ ~_...... " '~;.~"" ~ '" ~ " " " ~, , , , "'. ~ " ~" "-."-.- '" "-.. ':\ . , ~ .. . --<>- z t..': .. , .. . .. , , . . .. . :: :. " " ,. " " .' .. .' .. " .. .' ., " " ., ,. " .:::.... :! Jl 1- r-~ >~ ~r.n= (t:' I~ \>,,' I~ .~ t.n o 1- ~ ~ :> r.; , r- ~ ~ ~ 1,C1J.'.". ~ ',~ 1',.. ir: :> :~4 i... = ~...~ :~ ~);\EI ~ O. @ ~H'J'! ) , . m C/) ;::;: en r o '"' Q) .- o. = ro 5;. a: :i' (Q rJ! r CD cc CD ~ 0. s- a. !:: ~ ~ "C Q) ~ "C 0 CD 0 ;;, Q ~ -0 (Q [ s- a. !:: ~ ~ "C ~ s- a. !:: ~ ~ "C Q) ~ Q) < !!!. or 0- m I j "-- VI-9 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION DECLARING COSTS To BE ASSESSED FOR THE 2003 GENERAL SIEBEN DRIVE EXTENSION, 2003 RIVERWOOD/SoUTH OAKS AND 2003 SPIRAL BOULEVARD & 31sT STREET EXTENSION STREET AND UTILITY IMPROVEMENT PROGRAM, AND ORDERING A PUBLIC HEARING ON THE PROPOSED ASSESSMENTS FOR THESE IMPROVEMENTS WHEREAS, contracts have been let and the improvements constructed for the above referenced projects; WHEREAS, the total cost of said improvements is $7,465,863.50 and of this cost $5,087,569.81 is proposed to be assessed, and WHEREAS, the Public Works Director is directed to complete the preparation of the proposed assessment roll for the above mentioned projects, and upon completion, deliver copies of the proposed assessment roll to the City Council, retaining a copy to be filed in his office for public inspection; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: I. The amount to be specially assessed is hereby declared to be $5,087,569.81. II. A hearing shall be held on Monday, November 1, 2004 at the City Council Chambers in the Hastings City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place, all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. III. The Public Works Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official paper. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 4th DAY OF OCTOBER, 20Q4. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee. City Clerk SEAL VI-10 HASTINGS FIRE DEPARTMENT MARK J. HOLMES, CHIEF 115 West 5th Street Hastings, Minnesota 55033-1815 Business Office (651) 480-6150 Fax (651) 480-6170 TO: Mayor Werner Council Members FROM: Mark J. Holmes - Fire Chi~)f--- SUBJECT: Request for Final Payment DATE: October 4, 2004 At the February 2, 2004 City Council meeting, bid award occurred for a replacement Fire Department tanker truck. The City entered into a contract with Midwest Fire Equipment and Repair Company Inc. for that purpose. As required by the contract, the final payment is to be made at the time of delivery. Vehic1e completion and delivery is anticipated to take place October 6, 2004. Requested Action: City Council approval of final payment in the amount of $97,463.00 for the Fire Department tanker truck to Midwest Fire Equipment and Repair Company Inc. FIRE SUPPRESSION FIRE EDUCATION FIRE PREVENTION AMBULANCE SERVICE ft'WJ6' MIDWEST FIRE Equipment & Repair Company Inc. BILL OF SALE!!! TO: City of Hastings . Hastings Fire Department 101 East 4th Street Hastings, MN 55033 BILL OF S~ #: 8168 BILL OF SALE DATE: 09/09/04 PAYMENT TERMS: Upon Acceptance of Apparatus CUSTOMERS ORDER NUMBER: Proposal Dated 1/13/04 PHONE: ( ) JOB NAME: Hastings Fire Dept. JOB LOCATION: Midwest Fire ****************************************************************** CHARGES AMOUNT Per Tanker Bid Proposal dated 1-13-04, accepted and signed on 2/03/04: FS 3500 Series Apparatus Price $ 97,463.00 One (1) 2005 Model CV713 Mack Chassis (Vin# 1M2AG11C85M017641) +$ 93,500.00 Total Proposal Price $190,963.00 Less Chassis Payment, Bill of Sale #8094, 06/23/04 <-$93,500.00> Balance Due Upon Acceptance of Apparatus $97,463.00 ****************************************************************** TOTAL BILL OF SALE................ ..... .......$97,463.00 THANKS FOR yOuR BUSINESS AUTHORIZED SERVICE CENTER *DARLEY *WATEROUS *FMC (Bean) *HALE *GODIVA VII-1 CITY OF HASTINGS Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6176 Fax 651-437-7082 Date: 9/29/04 To: Honorable City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Awarding Construction Bid Wallin Park Back!!:round Information: As per City Councils direction, the Hastings Parks and Recreation Department will be opening sealed bids for Wallin park shelter on Friday, October 1,2004. Due to the timing of the bid opening, all price information could not be placed into City Council packets. Staff will provide its recommendation for action either on or before the October 4, 2004 City Council meeting. Construction will begin as soon as possible based upon City Council action. REF: city counciVmemo of proposed park shelter bid wallin Oct, 5, 2004 6:19PM HASTINGS PARKS DEPT 6514375396 Richard Fischer Architects 3475 Wi/low Lake Boulevard, Suite 200 Vadnais Heights. MN 55' , 0 (651) 766-7554 General Contractors 1. Grause Contacting, Inc. 2. Parkos Construction 3. Red Wing Construction Wallin Park Shelter Hastings, Millilesota October 1,2004 Bid Tabulation Add. #1 Add. #2 Add. #3 Add. #4 No,4986 p. ~ . Bid !S'le Y ~;?" , \LP"\C300 I \'SOi 500 VII-2 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 4, 2004 Public Hearing - Vacation of Alley #2004-53 - North and West of 2nd & Bailly Street - Hastings HRA Subject: REQUEST The City Council is asked to hold a public hearing to vacate the remaining +/- 83 feet of alley within Block 1 TOWN OF HASTINGS, located west of Bailly Street and north of 2nd Street as requested by the Hastings HRA. BACKGROUND The right-of-way is unimproved. Drainage and utility easements would be reserved over the vacated area to encompass the existing overhead power lines. The City of Hastings and Hastings HRA own all property abutting the alleyway. Most of the alleyway was vacated by the City in 1979. The public hearing was authorized at the September 20, 2004 Meeting. ATTACHMENTS . Resolution . Location Map . Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS V ACA TING THE REMAINING ALLEY OF BLOCK 1, TOWN OF HASTINGS, HASTINGS, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, The Hastings Housing and Redevelopment Authority (HRA) has initiated consideration to vacate the remaining alley of Block 1, TOWN OF HASTINGS, generally consisting of the eastern 83 feet, generally located west of Bailly Street, between 1st and 2nd Streets, legally described as follows: The remaining alley of Block 1, TOWN OF HASTINGS BLOCKS 1 THRU 99, Dakota County, Minnesota lying west of the western right-of-way line of Bailly Street and east of the eastern right-of-way line of Tyler Street. WHEREAS, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate the alley as legally described above is hereby approved, with the city reserving an easement over the described right-of-way for public drainage and utility purposes. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: AITEST: ~chaelI>. VVerner,~ayor ~elanie ~esko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of I>akota, ~nnesota, on the 4th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, ~ 55033 .2 ~ ~ 1UJ: ~ (J tn "'C (/) ~~ C 0> C) c: (/) (/) Q) U "C Q) c: C> ":; ca u 0 ~ m ca m ~;; Q) a::: a.. .....J CI) tn . 0 =cu ..- c(J: 'V ~ ~z. T"" CI) ~ Q) .a ~ ~ - a. Q) en Qj - (IJ o a. (IJ ~ c o ~ o -J Q,) - U5 .,1 .~ '. . ( . '5 .' '\.......~...J . "....""..",..."'''m.. II ;; I ".".",""m,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,L.,.,.E"~""A"""""""""".,."".,,,,,,,,,,.,,,,,,,,,.,~j,,,,,/i " ':":.' . ....:::....:::..:..:....:...... : :~t,....... · \ \ 1\ .'n : :il\- _"1\ ......lL..........................: U 1...1 L. ' - ......, iU n. ~Uhh.__h__: : ,...... ....,",.......e,er] j\ II ., ;..._.1 ..} :------'...... ...._n___ ~f ~ ;;~;~;; ;;~ ~~~;. if ~ ; :::: ~\ \ j H:: [~ j j :::: ::;: :: :: :::: :::: ~:........t"Nlh)"""'- - ;' /~----~ ... I , I I \ \ I \ \ 20,120 \(") \ ~\ 'G\ ~I\ t;. \ ::~~':Z ::~ ~ \ (J)~, ~ \ rz \ ~ \ : \~\ I ~ \ ,~ \ ,; ~'-~ SBg.1'3'50"~ 263.92 ~F;s.. 264~OO DESC ~1 ! 10"~ """120 OO~ \ \\.<. l -'-~--20 FT. PUBUC UTIUTY EASEMENT' PER I 1 ,q 1':":"'-"" . ~^N"ARY ro'''.- ,7T- . ...._,./ BOOK K OF MISC.:. RECORDS. P 301 l~': ~ 11': : :~?, \ \ ;;;~i{iJLf ;;; / I~ FIRST ST. VACATED ON'8-7-67 PER I" I'" 'If> ~ _r?-_\__\_~~E~tm:~RYBg~E~3 ')- ^" I ~ . I BOOK K 'OF MISC. RECORDS. P. 301 I 1 ~ - '1 OF MISC RECORDS. P 324 / / ---'''--Ici'O~~6';;.'~+ -.-- -263.92 MEA'I.l264.oii'f;U,T-- -7 TJ-'- -. ~d~' \ \ \ r- - - ( ~ ;Y,h"'~-1' .9j., '" NB9"1J'49"E I ---r.y- -.t- \ I~ ~",~i':q N I..,),,~, SOUTH-LiNE oFlnRST STREEl'---' I~~ ~gfN,ER"'/ /\ ci\ I ~, {j, ~~J~-1'~,f;.~ 0,)\,., '''I . ....... ...... /I.:\~ ~ \ \ I r~ ~ "'0 Q~v ~)- q... i: . .... . .. I , .\ I- 3: \ \ ,,-. 'o!i",/t;.+~ .,,', ( ':5 \ .! ~>."..c~ ~ ~J.>,.~ ".9' I. II! \ 0. 'b ;J; ~ 'ot". J~ ~~O~4~<bJ,J'i, '. ffi~~ \ ~ ~ \ \ -.t- I <78.~*,J.>,.;0-1j~o 1~> . I 158": VI:!:r. ~9 I I 1).()~~",~ I ~o~~, :..\ ~m~ II!\~ ~ \ \ I i:'~^'SD .... _ 1-'!5~ ~ \ I ~t'b"'" "~.;., ...., I Za.a::~1 - \ I I "" ""', ' i?i~u"'l '1 I 'I, .... '< .::'~- -\ t:~~o1Il f- \ \ \ ,\ I':~~~I 20. I I 82.92 I L.=::- -- \ \ I . S89"11'S6"W' \ __ ___ ._. L _.. _ ____ ~ __ ._._ 63.83 \ I \ I ALLEY VACATED ON 8720/79 c I &.1 _______.!~!:.0;:.1~~..~4~::-------- Alley N i r_' I ------- --T~:..-:' 'S89011'56"W:' I i:tL I .. .: I .~~ I 82.92. I I &; ~Q.fJ I o -.t- SANITARY .. In \;c N~ I~~~~LE __.1 r ~ I~! I ~ ", I ~~ I ~ : >'7 ~~I' '\ ~ : I' ~~. ZI' II "'~'" ~ ~i'l~ I 'w wIn ---------. . . , d VI W 0 "' '" ..; to ~ :0; '" '" :;j N I- .,; o"'2.'/Jr7" ,,,,,07 ~\) ,\) R",,'5 gA- , ",,70., .. \JICJ~' , '24&.~~ 0\:5(;' \ I 2,,9, . Of 1\'1~ !/. --1 \ .,,/>.i \..11<\:51. f'~\J\\'I\: \ U'\ Of u'\CoE.L. ,() Of \\ R\OT' ~\\..'"..... \Co al'SE \Co ~\()'14 I'-\I>\:I'. SOUlC\'l\c/>.G~p\J1'- l~c\: 11'./>.C \9&&' , f~/>I'\og\\~~d~,O: ll-1E. \\\ 0>1 \A~'f \ 6. " f'~\f\,,, \..II<~ tOCl>l\:IJ '- " C\:tll"'~O I'S I'\:\~O'I . FIRST ST, VACATED ON ,8-7-67 PER SOOK K or MISC. RECORDS. P. 301 t' 'N :75037'5 S 99.53 'PIc3%~ " '1 ~ .l~~~ fP '-~b% ;;. s-. -4~O ~ -o~ ~ to ~ .,,~ . ~~Q~ ~ o()6r- ~ ~'5.,,~'" ~'p~1"\ o~'io b~':<~ o~ 0" .:.....~ ..- -- I=Q(J'33'22" R=2844.93 L=27.62 '" '" cui ZIII u~ c- o.!, . iii 3: ~ . '" ~ ~ ~ ~: b . o Z c o c:i N ffiz ..0 . . I- :5 0. C 0 ~ ~ .... . ::Ii '" " ~ .... .... ," ...... .... '," ..... . ....' . r FDUND DRilL HOLE IN CONC, SIDEWALK ",,(,,11.1% f_ 263.92 MEAS. 264.00 PLAT NB9010'03"E, SECOND STREET ~I l' I I J .l I' ~:ENTER LINE -- or EYISWIG 'SPUR 1 RACK ~ (II '" SANITARY '..... '5EWER _-y' MANHOLES I ~ 99 [- I I ------ ------- 4fJaA- 53 LAND ~IlJSf APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: 5'ec.f1Y1 d G'tye.e);} e tl S t ~ Ty'Lev. ff2.QZ i I< 0 W Applicant: Name Address Owner (If different from Applicant): Name Address ~ \ IT j h \It q ~ ttR A \ 0\ E: 4+VI Phone Fax . Email Phone Fax Email Description of Request (include site plan, survey, and/or plat if applicable): \/ a ca + e.. r-r- /Vl C1 I n riP /Y' at \.-r" a d 4 \.1 a c a (-f>~ . ----E? 11' S l::- % 2. q 2. /. 1+17 A Check applicable box(es): Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: ~ ~ \AxS't \ g l I f7p q U j/)'+-tu, \J{7{ a(-;:! (j\ A /1/1 _C; D V!) ()~/Ltq fI/\ '0 (} -HA I g Sl~ . Note: All fees and escrow amounts due at time of application. $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 sJ.: $1500 (Engineering) - 5,000 - 10,000 sJ.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 sJ. +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Signature of Applicant Date Signature of Owner Date ~9u7'ffZ(7)/)7 qjq/LJ4 5or,.,M- Applicant Name and Title - Please Print Owner Name - Please Print ~iA5LY19 t- 12dt'vetllp/",.m!- A<.fhOYI~ . VI C< 111 d .-fav ~ C. I-t-y cLfH-d $. . 1I11.s 4/23/2003 Rec'd By: 6%lAn'" Date Rec'd q/q/1 Receipt # 7f App. Complete ~/c,~ .J 0 h Vl Grv $7-4. Cj n ft{A 0 ir. Official Use Only File#~53 Fee Paid VII-3 VIII-B-2 September 29, 2004 TO: The Honorable Mayor & Council FROM: John Grossman, HRA Director RE: Westview Packaging Land Credit and Subsidy Agreement The Land Credit is offered under the business subsidy criteria adopted by Council on December 20, 1999, amended March 3,2003. State Law requires that the city approve at a public meeting the terms of agreements which provide assistance to businesses. Council gave preliminary approval for this concept and directed staff to prepare documents for the sale of the property to Westview under the Land Credit program on July 6,2004. The final site plan will be brought to Council for approval in October or November, 2004. A resolution authorizing execution of the development agreement and subsidy agreement documents is attached. The key facts follow. Thomas and Julie Trevis are the owners of Westview Properties LLC. They also own Westview Packaging LLC, to be the tenant of the building. Westview Properties will receive title to a 5.5 acre parcel on the SW corner of Enterprise and Spiral for $5.00. The balance of the land value, $326,695, will be deferred for five years. Westview Properties agrees to construct a 68,000 sq. ft. building valued at $2,000,000 or more on the lot within 12 months. Under the business subsidy agreement, Westview Properties is responsible to provide eleven new jobs or full time equivalents at an average wage of no less than $10.00 per hour, with medical benefits, within two years of occupancy. If they do not complete the building, do not provide the new jobs on the site, or if they do not remain in business at the site for five years, Westview Properties will have to pay the City a pro-rated share of the deferred land value. When Westview Properties completes the building and Westview Packaging increases their payroll at the site as proposed, in five years their credits against the deferred land value are estimated to be around $290,000. If, five years after receiving title, the total credits do not exceed the deferred value of the land, the balance will be due and if not paid will be assessed against the land. ACTION REQUESTED: Adopt the resolution approving the terms and authorizing the Mayor and City Clerk to execute of the purchase and development agreement and the business subsidy agreement, after site plan approval is complete. \ \ CI'IYHALL2\ Users \JGrossman \IPB\ Westview.approval.l0-4-04doc.doc HASTINGS CITY COUNCIL RESOLUTION NO. RESOLUTION OF THE HASTINGS CITY COUNCIL APPROVING A BUSINESS SUBSIDY IN RELATION TO INDUSTRIAL PARK PROPERTY AND WESTVIEW PROPERTIES, LLC Dated October 4, 2004 Council Member adoption: introduced the following Resolution and moved its WHEREAS: Westview Properties, LLC. (applicant), has presented plans for a manufacturing plant-warehouse of67,900 sq.ft., with parking and driveways on the East 440 feet of Lot 1, Block 3, Industrial Park No.3 (the property) owned by the City and have asked for approval of transfer of the property under the City's Land Credit Program; AND WHEREAS, the applicant has demonstrated that the project is feasible only if the City deeds the property at below market value, the difference being $326,695 (the business subsidy); AND WHEREAS, Westview Packaging, LLC, associated with the applicant, will create eleven new jobs on the site within two years of occupancy with an average wage of no less than $10.00 an hour and commit to remain in business at the site for five years; AND WHEREAS, the applicant will construct the project with an Assessor's market value of no less than $2,000,000. AND WHEREAS, the applicant will execute a development and business subsidy agreement with conditions providing that a prorated amount of the business subsidy will be paid to the City if the project is not completed or other subsidy conditions not met; , AND WHEREAS, the project serves the public purposes of increasing the tax base, creating new jobs at competitive wages and facilitating the expansion of an existing local business; THEREFORE BE IT RESOLVED, that the project meets the criteria of the City's Business Subsidy Criteria adopted December 20, 1999, and amended March 3, 2003; THEREFORE BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the deed, development agreement, business subsidy agreement and amendments thereto, upon completion of site plan approvals, necessary to implement the project on behalf of the applicant. Council Member made a second to the foregoing Resolution and upon being put to a vote, the following council members voted in favor of said Resolution: Ayes: Nays: Absent: WHEREUPON, the Mayor declared the Resolution to be du1y passed. CITY OF HASTINGS By Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee Administrative Assistant/City Clerk CERTIFICATION I, Melanie Mesko Lee, Administrative Assistant/City Clerk, ofthe City of Hastings hereby certify that the foregoing Resolution is a true and correct copy of the Resolution that was duly adopted at a regular meeting of the City Council ofthe City of Hastings held October 4,2004. Melanie Mesko Lee Administrative Assistant/City Clerk SEAL October 23,2004 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and WESTVIEW PROPERTIES, LLC Dated: , 2004 This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE n Representations Section 2.1. Representations by the City Section 2.2. Representations by the Developer 4 4 ARTICLE m Convevance of Property Section 3.1. Status of Property Section 3.2. Agreement to Sell Section 3.3. Conditions Precedent to Conveyance Section 3.4. Title Section 3.5. Environmental Assessment Section 3.6. Closing Section 3.7. Access to Property Section 3.8. Assessments Section 3.9. Business Subsidy Agreement Section 3.10. City Costs 5 5 6 6 7 7 8 8 10 10 ARTICLE IV Construction of Improvements Section 4.1. Construction ofImprovements 11 (i) Section 4.2. Construction Plans and Site Plan Section 4.3. Commencement and Completion of Construction ARTICLE V Insurance Section 5.1. Insurance ARTICLE VI Taxes Section 6.1. Real Property Taxes ARTICLE VII Financin2 Section 7.1. Mortgage Financing Section 7.2. Limitation on Encumbrance of Property ARTICLE VIII Prohibitions A2ainst Assi2nment and Transfer: Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement Section 8.2. Release and Indemnification Covenants ARTICLE IX Events of Default Section 9.1. Events of Default Defined Section 9.2. Remedies on Default Section 9.3. No Remedy Exclusive (ii) 11 11 12 14 14 14 14 15 16 16 17 Section 9.4. No Additional Waiver Implied by One Waiver Section 9.5. Effect of Termination of Agreement Section 9.6. Costs of Enforcement 17 17 17 ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable Section 10.2. Provisions Not Merged With Deed Section 10.3. Titles of Articles and Sections Section 10.4. Notices and Demands Section 10.5. Disclaimer of Relationships Section 10.6. Modifications Section 10.7. Counterparts Section 10.8. Judicial Interpretation Section 10.9. Severability Section 10.10. Termination 17 18 18 18 18 18 18 18 19 19 SCHEDULE A SCHEDULE B Description of Property Business Subsidy Agreement (ill) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2004, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Westview Properties, LLC, a Minnesota limited liability company (hereinafter referred to as the "Developer"), having its principal office at 21130 Chippendale Avenue, Farmington, Minnesota 55024. WITNESSETH: WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota and is the owner of certain real property located in an industrial park within the City (which real property is referred to herein as the "Property"); and WHEREAS, the City has identified as one of its objectives the encouraging of economic development and job growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon an office and warehouse building of approximately 67,900 square feet with a market value for real property tax purposes of at least $2,000,000; and WHEREAS, the Developer has further proposed that in consideration of the City's conveyance of the Property the Developer will meet certain employment and wage requirements within specified times after conveyance of the Property; and WHEREAS, the Developer has represented to the City that the Developer is unable to secure the necessary financing to acquire the Property and construct the Improvements if the Developer is required to purchase the Property for its current market value; and WHEREAS, the City is willing to sell the Property to the Developer but only if the Developer complies with its construction, employment and other covenants under this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessments" means the assessments to be levied against the Property pursuant to Section 3.8 ofthis Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes. sections 116J.993 to 116J.995. "City" means the City of Hastings, Minnesota. "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of thiS Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County" means Dakota County, Minnesota. "Developer" means Westview Properties, LLC, a Minnesota limited liability company, its successors and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defined. Laws or Regulations mean and include the Comprehensive Environmental Response and Liability Act ("CERCLA" or the Federal Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 V.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRA"); the Clean Water Act, 33 V.S.C. 1321, et seq.; the Clean Air Act 42 D.S.C. 7401, et seq., all as the same may be ITom time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder" means the owner of a Mortgage. "Improvements" means the construction by the Developer of an office and warehouse building of approximately 67,900 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part, by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer agrees to payor assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota. "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement) which directly result in delays. 3 ARTICLE II Representations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief, at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely affect the contemplated use of the Property. (d) To the best of the City's knowledge and belief, no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used, incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape in, to, or upon the Property. (e) To the best of the City's knowledge and belief, no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed, threatened, anticipated or in existence with respect to the Property. (f) The Property: (i) consists of approximately 5.5 acres; (ii) is currently zoned 1-1; (iii) is not in the designated 100 year flood plain area; and (iv) does not currently receive preferential tax treatment (i.e. Green Acres). Section 2.2. Representations by the Developer. The Developer represents that: (a) The Developer is a Minnesota limited liability company duly organized and authorized to transact business in the State, is not in violation of any provisions of its articles of organization, member control agreement, bylaws or the laws of the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its members. (b) The Developer will construct the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), except for 4 variances necessary to construct the improvements contemplated in the Construction Plans and site plan approved by the City. (c ) The Developer has received no notice or communication ttom any local, state or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of the Developer's knowledge, is aware of no facts the existence of which would cause the Developer to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City is required to take any action to obtain any necessary permits or approvals with respect to the Property under any local, state or federal environmental1aw or regulation, the Developer will cooperate with the City in connection with such action. (d) The Developer has or will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and operated. (e) Westview Packaging, LLC, a Minnesota Limited Liability Company, owned by Thomas G. Trevis and Julie A Trevis, will be the primary tenant on the property. All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in all material respects as of the date of closing on conveyance ofthe Property to the Developer. ARTICLE III Convevance of Prooertv Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired the Property as part of an industrial park and developed the industrial park through the installation of in:&astructure in order to provide readily available sites for businesses seeking industrial space. The public improvements to the industrial park benefited all parcels of property in the industrial park. The City is willing to initially convey the Property to the Developer for a purchase price less than the value of the Property and the costs that the City has incurred in developing the Property in consideration of the Developer's covenants and obligations under this Agreement. The Developer and the City have agreed that the value of the Property and public improvements that have been installed by the City that is in excess of the purchase price may be assessed against the Property and may be repayable in accordance with Section 3.8 of this Agreement. 3.2 Agreementto Sell. (a) The City and the Developer agree that the value of the Property in its current improved state is at least $326,700.00. However, the Developer has stated that it is unable to pay more than a nominal amount for the purchase of the Property. Therefore, the City agrees that it will sell the Property to the Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre, or $5.00 total, and the performance of the Developer's other covenants under this Agreement. The Developer agrees that it will purchase 5 the Property for the purchase price of $5.00 and that it will fulfill all of the other obligations of the Developer set forth herein. (b) The purchase price to be paid by the Developer to acquire the Property shall be payable by means of cash or certified funds on the date of closing on the sale of the Property to the Developer. Section 3.3. Conditions Precedent to Conveyance. The City's obligation to sell and the Developer's obligation to purchase the Property shall be subject to satisfaction of all of the following conditions precedent: (a) The Developer having obtained the requisite approval of the City hereunder and all applicable governmental agencies and instrumentalities, municipal, county, state and federal, to the development of the Property through the construction of the Improvements in accordance with the Developer's Construction Plans and site plan. (b) The Developer having obtained: (i) amendments, revisions, exceptions or changes as may be necessary to applicable zoning codes and ordinances; (ii) special use permits, if applicable, (ill) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, if necessary; (vii) vacations and variances deemed necessary by Developer or as may be otherwise required to permit Developer to construct the Improvements in accordance with the Developer's Construction Plans and site plan; and (viii) the City's approval of the Developer's Construction Plans and site plan for the Improvements. (c) The Developer having determined that the Property has soil bearing characteristics sufficient to support the Improvements. (d) The Developer having reviewed and approved, or waived any objections to, title to the Property pursuant to Section 3.4 ofthis Agreement. (e) Developer shall have secured construction and permanent mortgage loan financing sufficient for the acquisition of the Property and construction of the Improvements, which financing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days ftom the date of this Agreement, either the City or Developer may terminate this Agreement by giving written notice of termination to the other party, whereupon this Agreement shall be null and void and the Developer and City shall execute an instrument in recordable form canceling this Agreement. Upon termination of this Agreement, the City and the Developer shall have no further obligations to the other under this Agreement, except as stated in Section 9.5 ofthis Agreement. Section 3.4. Title. (a) The Developer has obtained a commitment for the issuance of an owner's policy of title insurance for the Property naming the Developer as the proposed insured 6 party. The Developer shall be allowed twenty (20) days after the date hereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Developer may not object to Pennitted Encumbrances. The Developer's objections shall be made in writing or shall be deemed waived. If any objections are so made, the City shall be allowed ninety (90) days from notice thereof to cure the title defect or exception, either by the removal thereof or by the procurement of title insurance endorsements satisfactory to Developer providing coverage against loss or damage as a result of such defect or exception. If the City does not cure such title defect or exception to Developer's satisfaction within said ninety (90) days, the Developer may, at its option, either (i) terminate the Agreement upon written notice to the City upon which this Agreement shall be null and void and the Developer and the City shall execute an instrument in recordable form canceling this Agreement; or (ii) waive the title defect or exception and proceed with the closing on the purchase of the Property. If the Developer waives the title defect or exception and proceeds to acquire the Property, the City shall have no further obligations with respect to any such defects or exceptions. The cost of obtaining the title insurance commitment and the cost of title insurance shall be borne by the Developer; provided that the City shall pay the cost of updating the abstract or registered property abstract for the Property or, if there is no abstract or registered property abstract in the possession of the City, the costs of updating title for purposes of the issuance of the title insurance commitment. (b) Within a reasonable time after the date hereof, the Developer shall obtain and furnish to the City, at the Developer's expense, a survey of the Property prepared by a registered surveyor certified to date, showing: (i) the number of square feet contained in the Property, measured to the right-of-way line of public roads upon which the property abuts; (ii) the exact legal description of boundary lines of the Property; (ill) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; (v) assumed bearings used by the surveyor; (vi) direct legal access from a public road to the Property; and (vii) information required by the City for site plan approval and building permit approval. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if it closes on the acquisition of the Property it will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy descnood in Section 3.4 (the premium for which and the cost of obtaining the commitment for which shall be paid by Developer); and (ill) a Seller's 7 Affidavit, in customary form, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. (c) At closing on the conveyance of the Property the City will pay the following costs: (i) State deed tax; and (ii) Conservation fee payable in connection with the conveyance. At closing on the conveyance of the Property the Developer will pay the following costs: (i) The purchase price; (ii) The cost of updating title information and obtaining the title insurance commitment and the premium for the policy oftitle insurance; (iii) The costs described in Section 3.10; (iv) The cost ofthe Survey described in Section 4.2(b); (v) Recording fees for the deed, this Agreement aud any other documents required to be recorded in connection with the conveyance; and (vi) Closing costs. Section 3.7 Access to Property. During the term of this Agreement, the Developer and its authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees and commissioners ftom and against any and all damage to property or injury to person arising out of the Developer's exercise of its right of access to the Property under this Section. The Developer shall be entitled to actual possession of the Property on the date of closing on conveyance of the Property to the Developer. Section 3.8. Assessments. (a) The Developer agrees that it will pay to the City the current value of the Property and the improvements that have been made to the land by the City prior to the date hereof if and to the extent required by this Section. The value of the land that is not being paid in the form of the purchase price paid at the time of conveyance of the Property is agreed to be $326,695.00. In order to secure the City's interest in being paid such amount the Developer and the City agree that the City may at the time of closing on the sale of the Property to the Developer or at any time thereafter assess such amount against the Property with the same force and effect as an assessment under Minnesota Statutes, Chapter 429. Such amount so assessed is referred to herein as the "Assessments" and shall constitute a special assessment lien against the Property enforceable in the manner applicable to the lien of assessments levied under said Chapter 429. The Developer agrees that this Agreement constitutes a petition to assess the 8 Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that it will not contest the amount or validity of the Assessments on constitutional, statutory, procedural or other grounds and shall cause any Holder and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrwnent, in a form acceptable to the City, acknowledging the validity of the lien of the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may :trom time to time reasonably request to continue the perfection of the lien of the Assessments as a first lien on the Property. Payment of the principal amount of the Assessments shall be deferred but shall be due and payable on 1, 2009, unless accelerated pursuant to Section 9.2 or unless satisfied as provided in Section 3.8(e), except as the payment obligation may be reduced pursuant to Section 3.8(b) and (c). No interest shall accrue with respect to the Assessments until 1, 2009, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fails to pay any amount that is owed on 1, 2009, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest :trom such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Wells Fargo Bank Hastings. (b ) The amount of the Assessments to be paid by the Developer to the City on 1, 2009, shall be reduced by an amount referred to herein as the "Construction Credit". The Construction Credit shall be equal to the market value of the Improvements, exclusive of the value of the Property, for real property tax purposes, on the January 2nd prior to the date the Assessments are due, divided by 10. For example, if the value of the Improvements, exclusive of land value, on January 2, 2009, is $2,200,000.00 the amount of the Construction Credit available on 1,2009, would be $220,000.00. No Construction Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. (c) The amount of the Assessments to be paid by the Developer to the City on 1, 2009, shall be further reduced by an amount referred to herein as the "Jobs Credit." The Developer shall furnish to the City payroll records for Westview Packaging, LLC, the tenant of the property, in such form as the City may require documenting the wages paid by Westview Packaging, LLC in the twelve month or four quarters period preceding the date that the Assessments are due. The jobs credit shall be equal to the annual payroll of Westview Packaging LLC operations on the Property, divided by 27,000, with the result then being muhiplied by $5,400.00. For example, if the annual payroll of Westview Packaging, LLC for the twelve (12) month period is $348,000.00 the amount of the Jobs Credit (($348,000.00/27,000) x $5,400.00) shall be $69,599.00. For purposes of determining the Developer's annual payroll, only gross wages paid to employees shall be considered. A maximum of $50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in the Developer may be included in the gross wages paid by Developer. Wages paid to employees of tenants of the Developer, other than Westview Packaging LLC, in the Improvements shall not be considered when calculating the Jobs Credit. Only employees of Westview Packaging LLC will be counted. No Jobs Credit shall be available to reduce the Assessments unless the Developer 9 has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. If the Assessments as reduced by the Construction Credit and the Jobs Credit are less than zero, the Developer shall not be entitled to any payment ftom the City. (d) The Developer shall provide within ten (10) days of request by the City all documentation requested by the Authority to determine the amount of the Assessments that may be due under this Section. The City will, to the extent permitted by law, maintain the confidentiality of all information provided to the City under this subsection. (e) At any time prior to 1, 2009, the Developer may prepay the amount of the Assessments that are due at such time based on documentation provided to the City by the Developer as to the amount of the Jobs Credit and the Construction Credit to which the Developer is entitled at such time. The Developer's right to prepay the Assessments or seek a determination that no Assessments are payable shall be subject, however, to the conditions that (i) the Developer shall have completed construction of the Improvements as evidenced by the City's delivery of a certificate of occupancy, including all site improvements or, if items cannot be completed due to weather conditions, the Developer has established an escrow acceptable to the City to guarantee the completion of such unfinished items; and (ii) no uncured Event of Default shall have occurred under this Agreement. Upon such prepayment or upon the Developer's demonstration to the City that no amount of the Assessments is due, the City will execute a certification in recordable form certifying that the Assessments have been paid in full and discharged as a lien from the Property. Notwithstanding the :full or partial termination of the Assessments that may be due under this Agreement, such payment shall not terminate or reduce the Developer's obligations, including possible repayment obligations, under the Business Subsidy Agreement. Section 3.9. Business Subsidy Agreement. The financial assistance being provided to the Developer by the City under this Agreement constitutes a "subsidy" within the meaning of Minnesota Statutes, sections 116J.993 to 116J.995. Therefore, at the time of closing on the conveyance of the Property to the Developer by the City, the City and the Developer shall enter into the Business Subsidy Agreement to satisfy the requirements under said statutory provisions. The repayment obligations set forth in the Business Subsidy Agreement are mandated by State law and are separate and distinct ftom the obligations of the Developer under this Agreement. Therefore, the Developer's repayment obligations under the Business Subsidy Agreement shall not be satisfied in whole or in part by any Construction Credit or Jobs Credit that the Developer may have earned under this Agreement. . Section 3.10. City Costs. The Developer shall pay all of the City's out-of-pocket costs paid or payable by the City to attorneys or consultants in connection with the negotiation and preparation of this Agreement and related documents, financial reviews of this transaction, and the conveyance of the Property, including closing and recording costs. 10 ARTICLE IV Construction of ImDrovements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain, preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a) The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that it will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore, within thirty (30) days ftom the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing if, in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part, by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and its successors and assigns, shall promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 ofthis Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by , and shall complete such construction by 11 . The Developer shall, however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security trom the Developer to assure that any uncompleted work is completed. (c) The Developer shall only be deemed to have fulfilled his obligations to construct the Improvements if upon completion of the Improvements the Improvements, exclusive of the value of the Property, have a market value for tax purposes of at least $2,000,000.00. ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Improvements and, trom time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (ill) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fu1:filled all of its obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and trom time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, all risk vandalism and malicious mischief: boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds 12 thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City which consent shall not be unreasonably withheld. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavating costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined rrom time to time at the request of the City, but not more rrequently than once very three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements shall be carried in the names of the Developer and the City as their respective interests may appear and shall contain standard clauses which provide for net proceeds of insurance resulting from claims per casualty thereunder to the Improvements to be made payable to the Developer. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of: the Improvements or any portion thereof resulting rrom fire or other casualty. In the event of any such damage or destruction, the Developer will forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage. Failure by the Developer to rebuild the Improvements shall constitute an Event of Default under this Agreement which shall entitle the City to declare the Assessments due under Section 9.2 of this Agreement. (d) The City agrees that, if requested by the Developer's lender of financing for the construction of the Improvements, it will subordinate its rights relative to the receipt and application of the proceeds of insurance under this Agreement to the lien of such lender's mortgage. 13 ARTICLE VI Taxes Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2004 shall be apportioned between the Developer and the City as of the date of conveyance of the Property, with the result that the City shall pay that portion of such taxes attributable to the period of the year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to the period of time commencing with the date of conveyance. Real estate taxes and assessments due and payable in the year 2003 and all prior years, deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any, shall be paid by the City. After its acquisition of the Property, the Developer shall pay all real property taxes and special assessments in a timely manner and prior to the imposition of penalties. ARTICLE VII Financine: Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has obtained mortgage or other construction and pennanent financing in an amount sufficient for acquisition of the Property and construction of the Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the Developer pays to the City any amount ofthe Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer nor any successor in interest to the Property, or any part thereof, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements, without the prior written approval of the City. All financing and other transactions shall contain an agreement in a form acceptable to the City by which a proposed Holder agrees to be bound by and subject to the Assessments. ARTICLE VIII Prohibitions Ae:ainst Assie:nment and Transfer. Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) The Developer represents and agrees that prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, except only by way of security for, and only for, the 14 purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perfonn its obligations with respect to constructing the Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or fonn of or with respect to this Agreement or the Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the City. The City may require as a condition to the approval of any transfer, sale or assignment that the Developer pay to the City the amount of the Assessments detennined to be due on the date of the transfer, sale or assignment calculated in the manner provided in Section 3.8. (b) In the absence of specific written agreement by the City to the contrary, no transfer of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, ttom any of its obligations hereunder. (c) Notwithstanding subsection (a) above, the City acknowledges and agrees that the Developer will lease a portions of the Improvements to industrial users, including Westview Packaging LLC, owned by the Developer. The City agrees that for purposes of detennining the Jobs Credit under Section 3.8 (c ) and compliance with the Business Subsidy Agreement, the City will look at the employment and payroll records of Westview Packaging LLC. The Developer shall, however, be the party obligated under this Agreement. Section 8.2. Release and Indemnification Covenants. (a) The Developer releases :trom and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting ftom any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless ftom any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising ftom this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements. (c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by the City of any immunity or limits on liability under State law, including, without limitation, Minnesota Statutes, Chapter 466, relative to tort or other claims. 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 of this Agreement. (c) Failure by the Developer to obtain financing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval (including resolution) pursuant to the terms, conditions and limitations of Article IV ofthis Agreement. (e) Failure by Developer to provide any documentation or information required to be provided under the terms of this Agreement. (f) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (g) The Developer does any of the following : (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an assignment for the benefit of its creditors; or (ill) admits, in writing, its inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty (60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take anyone or more of the 16 following actions after providing thirty (30) days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days: ( a) Terminate this Agreement. (b) Declare immediat~ly due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 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 :trom time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement 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 concurrent, previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2,3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that it shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of 17 any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transfening any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section lOA. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 21130 Chippendale Avenue, Farmington, MN 55024; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East, Hastings, Minnesota 55033-1955, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City, the Developer and/or any third party. Section 10.6. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 10.7. Counterparts. This Agreement may be executed ill any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. 18 Section 10.9. Severability. In the event that any provision of this Agreement 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 10.10. Tennination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due or upon Developer's satisfaction of all obligations under the Business Subsidy Agreement, whichever is later. Upon such tennination, the City shall provide the Developer with a certificate evidencing the tennination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date oftennination of this Agreement. 19 IN WITNESS WHEREOF, the City 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 Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk WESTVIEW PROPERTIES, LLC By Thomas G. Trevis, its CFO By Julie A. Trevis, its CMO STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Thomas G. Trevis and Julie A. Trevis, the Chief Financial Officer and Chief Managing Officer of West view Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 20 SCHEDULE A Description of Property The East 440 feet of Lot 1, Block 3, Hastings Industrial Park #3, according to the recorded plat thereof, Dakota County, Minnesota. SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and WESTVIEW PROPERTIES, LLC Dated: This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2004, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Westview Properties, LLC, a Minnesota limited liability company (hereinafter referred to as the "Developer"), having its principal office at 21130 Chippendale Avenue, Farmington, Minnesota 55024. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase and Development Agreement dated as of , 2004, (the "Contract") pursuant to which the Developer has agreed to construct certain improvements on real property within the City of Hastings, Minnesota; and WHEREAS, in order to induce the Developer to undertake such development, the City has agreed in the Contract to provide certain assistance to the Developer through its sale of the property subject to the Contract to the Developer at a cost below market value; and WHEREAS, Minnesota Statutes. sections 116J.993 to 116J.995, provides that a government agency that provides financial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the financial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 116J.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes. Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Benefit Date" means the earlier of: (i) the date that the Improvements are completed; or (ii) the date that the Improvements are first occupied by the Developer. "City" means the City of Hastings, Minnesota. "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of , 2004. "Developer" means Westview Properties, LLC, a Minnesota limited liability company, or its successors and assigns, or any future owners ofthe Property. "Improvements" means the construction activities to be undertaken by the Developer pursuant to the Contract. "Property" means the real property described as such in the Contract. "State" means the State of Minnesota. "Subsidy" means on any particular date $326,695.00, less any portion of such amount that the Developer has as of such date repaid to the City pursuant to the terms of the Contract. ARTICLE II Job and Wae:e Goals: Required Provisions Section 2.1. Employment and Wage Requirements. The Developer shall meet or cause to be met by Westview Packaging LLC, within two (2) years of the Benefit Date the wage and job goals set forth on the attached Exhibit A. Section 2.2. Reports. The Developer must submit to the City a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2005 and continuing until the later of (i) the date the goals stated Section 2.1 are met; (ii) 30 days after expiration of the five-year period described in Section 2.3; or (ill) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.2. The report must comply with Section 1161.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. It: after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. Section 2.3. Continuing Obligation. The Developer agrees that it will continuously operate the Improvements for the purposes and by the tenant, Westview Packaging LLC, described in the Contract for a period of at least five (5) years trom the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: 2 (a) By providing the Subsidy to the Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State and creating new job opportunities within the City at competitive wages. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of the size and quality proposed. By reducing the front end costs of the Developer's business expansion, more funds will be available for ongoing operations costs and the risk of failure will thereby be reduced. (c) The Developer has no parent corporation. (e) The following is a list of all financial assistance from all other state or local government agencies: None. ARTICLE m Default Section 3.1. Defaults Defined. It shall be a default under this Agreement if the Developer fails to comply with any term or provision of this Agreement, and fails to cure such failure within thirty (30) days written notice to the Developer of the default, but only if the default has not been cured within said thirty (30) days. Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable loan, repayable only if the Developer fails to fu1:fill its obligations under sections 2.1 and 2.3 of this Agreement. Upon the occurrence of a failure to create jobs as required by Section 2.1 or a failure to continue operations as required by Section 2.3 the Developer shall repay to the City upon written demand from the City a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the bureau of economic analysis of the United States Department of commerce for the 12 month period ending March 31 of the year prior to the year in which the payment from the Developer is due accruing ftom the Benefit Date. The term "pro rata share" means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Minimum Improvements in accordance with Section 2.3, sixty (60) less the number of months of operation (where any month in which the Improvements are in operation for at least fifteen (15) days constitutes a 3 month of operation), commencing on the Benefit Date and ending with the date the Developer ceases operation as reasonably determined by the City, divided by 60; and (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages, not to exceed 100%. Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the City shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the City for the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the City prevails in such collection or enforcement action. ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. This Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. The Developer and City agree that if the Act is amended by the State legislature so as to shorten or eliminate the requirement that this Agreement contain the operating covenant contained in Section 2.2 and such amendment applies to this Agreement, the Developer and City will amend this Agreement to reflect such amendment to the law. Section 4.4. Counterparts. This Agreement may be executed m any number of counterparts, each of which shall constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. The City and Developer agree that this Agreement is intended to satisfY the requirements of the Act, which is incorporated herein and made a part hereof by reference. In the event that any provision ofthis Agreement conflicts with the terms of the Act, the terms of the Act shall govern. 4 IN WITNESS WHEREOF, the City 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 Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk WESTVIEW PROPERTIES, LLC By Thomas G. Trevis, its CFO By Julie A. Trevis, its CMO STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of ,2004, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of . 2004, by Thomas G. Trevis and Julie A. Trevis, the Chief Financial Officer and Chief Managing Officer of West view Properties LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 5 EXHIBIT A Wage and Job Goals The Developer will create not less than 11 new full time or full time equivalent jobs at an average wage of not less than $10.00 per hour, no later than two years from the date the City issues a Certificate of Occupancy for the building. 6 VIII-A-1 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery September 30, 2004 Review Proposed Assessment for Forest Street - part of the 2004 Westwood Improvement Project Council is asked to consider whether a reduction in the proposed Forest Street assessments as part ofthe 2004 Westwood Improvement Project would be appropriate. Delays caused by the discovery of asbestos containing transite pipe on the project will result in the construction on Forest St. between Walnut St. and 18th St. not being completed this fall. A temporary gravel road surface will be put in place to support traffic through the remaining fall and winter, with construction resuming next spring. In recognition of the significant inconvenience imposed on these Forest St. residents and assuming some diminishment of benefit due to the lengthening of the construction period from one year to two years, staff has been investigating the feasibility of an assessment reduction. City Attorney Shawn Moynihan has reviewed the option of an assessment reduction for Forest St. residents and believes that a reduction could be structured that would meet the requirements of State Statute. A typical proposed assessment for Forest St. is approximately $4,200. A $500 reduction would be about a 12% decrease. The assessment hearing for this project will not be held until next year at this time. However, if Council considers a reduced assessment an option to be investigated further, I would recommend forwarding this issue to the Operations Committee to work out the details of an assessment reduction plan that would be forwarded to the Council for action. - CITY OF HASTIN6S VIII-B-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 4, 2004 Resolution - Vacation of Alley #2004-53 - North and West of 2nd & Bailly Street - Hastings HRA Subject: REQUEST Please see the Public Hearing Staff Report for further information. VII-3 VIII-B-2 September 29, 2004 TO: The Honorable Mayor & Council FROM: John Grossman, HRA Director RE: Westview Packaging Land Credit and Subsidy Agreement The Land Credit is offered under the business subsidy criteria adopted by Council on December 20, 1999, amended March 3,2003. State Law requires that the city approve at a public meeting the terms of agreements which provide assistance to businesses. Council gave preliminary approval for this concept and directed staff to prepare documents for the sale of the property to Westview under the Land Credit program on July 6,2004. The final site plan will be brought to Council for approval in October or November, 2004. A resolution authorizing execution of the development agreement and subsidy agreement documents is attached. The key facts follow. Thomas and Julie Trevis are the owners of Westview Properties LLC. They also own Westview Packaging LLC, to be the tenant of the building. Westview Properties will receive title to a 5.5 acre parcel on the SW comer of Enterprise and Spiral for $5.00. The balance of the land value, $326,695, will be deferred for five years. Westview Properties agrees to construct a 68,000 sq. ft. building valued at $2,000,000 or more on the lot within 12 months. Under the business subsidy agreement, Westview Properties is responsible to provide eleven new jobs or full time equivalents at an average wage of no less than $10.00 per hour, with medical benefits, within two years of occupancy. If they do not complete the building, do not provide the new jobs on the site, or if they do not remain in business at the site for five years, Westview Properties will have to pay the City a pro-rated share of the deferred land value. When Westview Properties completes the building and Westview Packaging increases their payroll at the site as proposed, in five years their credits against the deferred land value are estimated to be around $290,000. If, five years after receiving title, the total credits do not exceed the deferred value of the land, the balance will be due and if not paid will be assessed against the land. ACTION REQUESTED: Adopt the resolution approving the terms and authorizing the Mayor and City Clerk to execute of the purchase and development agreement and the business subsidy agreement, after site plan approval is complete. \ \ CI1YHALL2\Users \JGrossman \IPB\ Westview.approval.1O-4-04doc.doc HASTINGS CITY COUNCIL RESOLUTION NO. RESOLUTION OF THE HASTINGS CITY COUNCIL APPROVING A BUSINESS SUBSIDY IN RELATION TO INDUSTRIAL PARK PROPERTY AND WESTVIEW PROPERTIES, LLC Dated October 4, 2004 Council Member adoption: introduced the following Resolution and moved its WHEREAS: Westview Properties, LLC. (applicant), has presented plans for a manufacturing plant-warehouse of67,900 sq.ft., with parking and driveways on the East 440 feet of Lot 1, Block 3, Industrial Park No.3 (the property) owned by the City and have asked for approval of transfer of the property under the City's Land Credit Program; AND WHEREAS, the applicant has demonstrated that the project is feasible only if the City deeds the property at below market value, the difference being $326,695 (the business subsidy); AND WHEREAS, Westview Packaging, LLC, associated with the applicant, will create eleven new jobs on the site within two years of occupancy with an average wage of no less than $10.00 an hour and commit to remain in business at the site for five years; AND WHEREAS, the applicant will construct the project with an Assessor's market value of no less than $2,000,000. AND WHEREAS, the applicant will execute a development and business subsidy agreement with conditions providing that a prorated amount of the business subsidy will be paid to the City if the project is not completed or other subsidy conditions not met; , AND WHEREAS, the project serves the public purposes of increasing the tax base, creating new jobs at competitive wages and facilitating the expansion of an existing local business; THEREFORE BE IT RESOLVED, that the project meets the criteria of the City's Business Subsidy Criteria adopted December 20, 1999, and amended March 3,2003; THEREFORE BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the deed, development agreement, business subsidy agreement and amendments thereto, upon completion of site plan approvals, necessary to implement the project on behalf of the applicant. Council Member made a second to the foregoing Resolution and upon being put to a vote, the following council members voted in favor of said Resolution: Ayes: Nays: Absent: WHEREUPON, the Mayor declared the Resolution to be duly passed. CITY OF HASTINGS By Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee Administrative Assistant/City Clerk CERTIFICATION I, Melanie Mesko Lee, Administrative Assistant/City Clerk, of the City of Hastings hereby certify that the foregoing Resolution is a true and correct copy of the Resolution that was duly adopted at a regular meeting of the City Council of the City of Hastings held October 4,2004. Melanie Mesko Lee Administrative Assistant/City Clerk SEAL October 23,2004 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and WESTVIEW PROPERTIES, LLC Dated: , 2004 This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE n Reoresentations Section 2.1. Representations by the City Section 2.2. Representations by the Developer 4 4 ARTICLE m Conveyance of Prooertv Section 3.1. Status of Property Section 3.2. Agreement to Sell Section 3.3. Conditions Precedent to Conveyance Section 3.4. Title Section 3.5. Environmental Assessment Section 3.6. Closing Section 3.7. Access to Property Section 3.8. Assessments Section 3.9. Business Subsidy Agreement Section 3.10. City Costs 5 5 6 6 7 7 8 8 10 10 ARTICLE IV Construction of Imorovements Section 4.1. Construction oflmprovements 11 (i) Section 4.2. Construction Plans and Site Plan Section 4.3. Corrnnencement and Completion of Construction ARTICLE V Insurance Section 5.1. Insurance ARTICLE VI Taxes Section 6.1. Real Property Taxes ARTICLE VII Financine: Section 7.1. Mortgage Financing Section 7.2. Limitation on Encumbrance of Property ARTICLE VIII Prohibitions Ae:ainst Assie:nment and Transfer: Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement Section 8.2. Release and Indemnification Covenants ARTICLE IX Events of Default Section 9.1. Events of Default Defined Section 9.2. Remedies on Default Section 9.3. No Remedy Exclusive (ii) 11 11 12 14 14 14 14 15 16 16 17 Section 9.4. No Additional Waiver Implied by One Waiver Section 9.5. Effect of Termination of Agreement Section 9.6. Costs of Enforcement 17 17 17 ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable Section 10.2. Provisions Not Merged With Deed Section 10.3. Titles of Articles and Sections Section 10.4. Notices and Demands Section 10.5. Disclaimer of Relationships Section 10.6. Modifications Section 10.7. Counterparts Section 10.8. Judicial Interpretation Section 10.9. Severability Section 10.10. Termination 17 18 18 18 18 18 18 18 19 19 SCHEDULE A SCHEDULE B Description of Property Business Subsidy Agreement (ill) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2004, by and between the City of Hastings, Minnesot~ a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Westview Properties, LLC, a Minnesota limited liability company (hereinafter referred to as the "Developer"), having its principal office at 21130 Chippendale Avenue, Farmington, Minnesota 55024. WITNESSETH: WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota and is the owner of certain real property located in an industrial park within the City (which real property is referred to herein as the "Property"); and WHEREAS, the City has identified as one of its objectives the encouraging of economic development and job growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon an office and warehouse building of approximately 67,900 square feet with a market value for real property tax purposes of at least $2,000,000; and WHEREAS, the Developer has further proposed that in consideration of the City's conveyance of the Property the Developer will meet certain employment and wage requirements within specified times after conveyance of the Property; and WHEREAS, the Developer has represented to the City that the Developer is unable to secure the necessary financing to acquire the Property and construct the Improvements if the Developer is required to purchase the Property for its current market value; and WHEREAS, the City is willing to sell the Property to the Developer but only if the Developer complies with its construction, employment and other covenants under this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessments" means the assessments to be levied against the Property pursuant to Section 3.8 of this Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes. sections 116J.993 to 116J.995. "City" means the City of Hastings, Minnesota. "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County" means Dakota County, Minnesota. "Developer" means Westview Properties, LLC, a Minnesota limited liability company, its successors and assigns, and any future owners of any interest in the Property. "Event ofDefauIt" means an action listed in Section 9.1 ofthis Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defined. Laws or Regulations mean and include the Comprehensive Environmental Response and Liability Act ("CERCLA" or the Federal Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 D.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRA"); the Clean Water Act, 33 V.S.C. 1321, et seq.; the Clean Air Act 42 D.S.C. 7401, et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder" means the owner of a Mortgage. "Improvements" means the construction by the Developer of an office and warehouse building of approximately 67,900 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part, by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer agrees to payor assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota. "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement) which directly result in delays. 3 ARTICLE II Representations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief, at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely affect the contemplated use of the Property. (d) To the best of the City's knowledge and belief, no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used, incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape in, to, or upon the Property. (e) To the best of the City's knowledge and belief, no investigation, administrative order, conSent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed, threatened, anticipated or in existence with respect to the Property. (f) The Property: (i) consists of approximately 5.5 acres; (ii) is currently zoned I-I; (ill) is not in the designated 100 year flood plain area; and (iv) does not currently receive preferential tax treatment (i.e. Green Acres). Section 2.2. Representations by the Developer. The Developer represents that: (a) The Developer is a Minnesota limited liability company duly organized and authorized to transact business in the State, is not in violation of any provisions of its articles of organization, member control agreement, bylaws or the laws of the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its members. (b) The Developer will construct the Improvements in accordance with the terms of this Agreement and a111ocal, state and federal1aws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), except for 4 variances necessary to construct the improvements contemplated in the Construction Plans and site plan approved by the City. (c ) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of the Developer's knowledge, is aware of no facts the existence of which would cause the Developer to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City is required to take any action to obtain any necessary permits or approvals with respect to the Property under any local, state or federal environmental law or regulation, the Developer will cooperate with the City in connection with such action. (d) The Developer has or will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and operated. (e) Westview Packaging, LLC, a Minnesota Limited Liability Company, owned by Thomas G. Trevis and Julie A Trevis, will be the primary tenant on the property. All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in all material respects as of the date of closing on conveyance of the Property to the Developer. ARTICLE m Conveyance of ProDertv Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired the Property as part of an industrial park and developed the industrial park through the installation of inftastructure in order to provide readily available sites for businesses seeking industrial space. The public improvements to the industrial park benefited all parcels of property in the industrial park. The City is willing to initially convey the Property to the Developer for a purchase price less than the value of the Property and the costs that the City has incurred in developing the Property in consideration of the Developer's covenants and obligations under this Agreement. The Developer and the City have agreed that the value of the Property and public improvements that have been installed by the City that is in excess of the purchase price may be assessed against the Property and may be repayable in accordance with Section 3.8 of this Agreement. 3.2 Agreement to Sell. (a) The City and the Developer agree that the value of the Property in its current improved state is at least $326,700.00. However, the Developer has stated that it is unable to pay more than a nominal amount for the purchase of the Property. Therefore, the City agrees that it will sell the Property to the Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre, or $5.00 total, and the performance of the Developer's other covenants under this Agreement. The Developer agrees that it will purchase 5 the Property for the purchase price of $5.00 and that it will ful:fill all of the other obligations of the Developer set forth herein. (b) The purchase price to be paid by the Developer to acquire the Property shall be payable by means of cash or certified funds on the date of closing on the sale of the Property to the Developer. Section 3.3. Conditions Precedent to Conveyance. The City's obligation to sell and the Developer's obligation to purchase the Property shall be subject to satisfaction of all of the following conditions precedent: (a) The Developer having obtained the requisite approval of the City hereunder and all applicable governmental agencies and instrumentalities, municipal, county, state and federal, to the development of the Property through the construction of the Improvements in accordance with the Developer's Construction Plans and site plan. (b) The Developer having obtained: (i) amendments, revisions, exceptions or changes as may be necessary to applicable zoning codes and ordinances; (ii) special use permits, if applicable, (ill) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, if necessary; (vii) vacations and variances deemed necessary by Developer or as may be otherwise required to permit Developer to construct the Improvements in accordance with the Developer's Construction Plans and site plan; and (viii) the City's approval of the Developer's Construction Plans and site plan for the Improvements. (c) The Developer having determined that the Property has soil bearing characteristics sufficient to support the Improvements. (d) The Developer having reviewed and approved, or waived any objections to, title to the Property pursuant to Section 3.4 of this Agreement. (e) Developer shall have secured construction and permanent mortgage loan financing sufficient for the acquisition of the Property and construction of the Improvements, which financing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days ITom the date of this Agreement, either the City or Developer may terminate this Agreement by giving written notice of termination to the other party, whereupon this Agreement shall be null and void and the Developer and City shall execute an instrument in recordable form canceling this Agreement. Upon termination of this Agreement, the City and the Developer shall have no further obligations to the other under this Agreement, except as stated in Section 9.5 of this Agreement. Section 3.4. Title. (a) The Developer has obtained a commitment for the issuance of an owner's policy of title insurance for the Property naming the Developer as the proposed insured 6 party. The Developer shall be allowed twenty (20) days after the date hereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Developer may not object to Permitted Encumbrances. The Developer's objections shall be made in writing or shall be deemed waived. If any objections are so made, the City shall be allowed ninety (90) days from notice thereofto cure the title defect or exception, either by the removal thereof or by the procurement of title insurance endorsements satisfactory to Developer providing coverage against loss or damage as a result of such defect or exception. If the City does not cure such title defect or exception to Developer's satisfaction within said ninety (90) days, the Developer may, at its option, either (i) terminate the Agreement upon written notice to the City upon which this Agreement shall be null and void and the Developer and the City shall execute an instrument in recordable form canceling this Agreement; or (ii) waive the title defect or exception and proceed with the closing on the purchase of the Property. If the Developer waives the title defect or exception and proceeds to acquire the Property, the City shall have no further obligations with respect to any such defects or exceptions. The cost of obtaining the title insurance commitment and the cost of title insurance shall be borne by the Developer; provided that the City shall pay the cost of updating the abstract or registered property abstract for the Property or, if there is no abstract or registered property abstract in the possession of the City, the costs of updating title for purposes of the issuance of the title insurance commitment. (b) Within a reasonable time after the date hereof, the Developer shall obtain and :furnish to the City, at the Developer's expense, a survey of the Property prepared by a registered surveyor certified to date, showing: (i) the number of square feet contained in the Property, measured to the right-of-way line of public roads upon which the property abuts; (ii) the exact legal description of boundary lines of the Property; (ill) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; ( v) assumed bearings used by the surveyor; (vi) direct legal access from a public road to the Property; and (vii) information required by the City for site plan approval and building permit approval. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if it closes on the acquisition of the Property it will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy descnood in Section 3.4 (the premium for which and the cost of obtaining the commitment for which shall be paid by Developer); and (ill) a Seller's 7 Affidavit, in customary fonn, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. (c) At closing on the conveyance of the Property the City will pay the following costs: (i) State deed tax; and (ii) Conservation fee payable in connection with the conveyance. At closing on the conveyance of the Property the Developer will pay the following costs: (i) The purchase price; (ii) The cost of updating title information and obtaining the title insurance commitment and the premium for the policy of title insurance; (iii) The costs described in Section 3.10; (iv) The cost of the Survey described in Section 4.2(b); (v) Recording fees for the deed, this Agreement and any other documents required to be recorded in connection with the conveyance; and (vi) Closing costs. Section 3.7 Access to Property. During the term of this Agreement, the Developer and its authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indeIt1I1ifY, defend, and hold harmless the City, its officers, agents, employees and commissioners ftom and against any and all damage to property or injury to person arising out of the Developer's exercise of its right of access to the Property under this Section. The Developer shall be entitled to actual possession of the Property on the date of closing on conveyance of the Property to the Developer. Section 3.8. Assessments. (a) The Developer agrees that it will pay to the City the current value of the Property and the improvements that have been made to the land by the City prior to the date hereof if and to the extent required by this Section. The value of the land that is not being paid in the form of the purchase price paid at the time of conveyance of the Property is agreed to be $326,695.00. In order to secure the City's interest in being paid such amount the Developer and the City agree that the City may at the time of closing on the sale of the Property to the Developer or at any time thereafter assess such amount against the Property with the same force and effect as an assessment under Minnesota Statutes, Chapter 429. Such amount so assessed is referred to herein as the "Assessments" and shall constitute a special assessment lien against the Property enforceable in the manner applicable to the lien of assessments levied under said Chapter 429. The Developer agrees that this Agreement constitutes a petition to assess the 8 Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that it will not contest the amount or validity of the Assessments on constitutional, statutory, procedural or other grounds and shall cause any Holder and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrument, in a form acceptable to the City, acknowledging the validity of the lien of the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection of the lien of the Assessments as a first lien on the Property. Payment of the principal amount of the Assessments shall be deferred but shall be due and payable on 1, 2009, unless accelerated pursuant to Section 9.2 or unless satisfied as provided in Section 3.8(e), except as the payment obligation may be reduced pursuant to Section 3.8(b) and (c). No interest shall accrue with respect to the Assessments until 1, 2009, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fails to pay any amount that is owed on 1, 2009, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest from such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Wells Fargo Bank Hastings. (b ) The amount of the Assessments to be paid by the Developer to the City on 1, 2009, shall be reduced by an amount referred to herein as the "Construction Credit". The Construction Credit shall be equal to the market value of the Improvements, exclusive of the value of the Property, for real property tax purposes, on the January 2nd prior to the date the Assessments are due, divided by 10. For example, if the value ofthe Improvements, exclusive of land value, on January 2, 2009, is $2,200,000.00 the amount of the Construction Credit available on 1,2009, would be $220,000.00. No Construction Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. (c) The amount of the Assessments to be paid by the Developer to the City on 1, 2009, shall be further reduced by an amount referred to herein as the "Jobs Credit." The Developer shall furnish to the City payroll records for Westview Packaging, LLC, the tenant of the property, in such form as the City may require documenting the wages paid by Westview Packaging, LLC in the twelve month or four quarters period preceding the date that the Assessments are due. The jobs credit shall be equal to the annual payroll of Westview Packaging LLC operations on the Property, divided by 27,000, with the result then being multiplied by $5,400.00. For example, if the annual payroll ofWestview Packaging, LLC for the twelve (12) month period is $348,000.00 the amount of the Jobs Credit (($348,000.00/27,000) x $5,400.00) shall be $69,599.00. For purposes of determining the Developer's annual payroll, only gross wages paid to employees shall be considered. A maximum of $50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in the Developer may be included in the gross wages paid by Developer. Wages paid to employees of tenants of the Developer, other than Westview Packaging LLC, in the Improvements shall not be considered when calculating the Jobs Credit. Only employees of Westview Packaging LLC will be counted. No Jobs Credit shall be available to reduce the Assessments unless the Developer 9 has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. If the Assessments as reduced by the Construction Credit and the Jobs Credit are less than zero, the Developer shall not be entitled to any payment :from the City. (d) The Developer shall provide within ten (10) days of request by the City all documentation requested by the Authority to determine the amount of the Assessments that may be due under this Section. The City will, to the extent permitted by law, maintain the confidentiality of all information provided to the City under this subsection. (e) At any time prior to 1, 2009, the Developer may prepay the amount of the Assessments that are due at such time based on documentation provided to the City by the Developer as to the amount of the Jobs Credit and the Construction Credit to which the Developer is entitled at such time. The Developer's right to prepay the Assessments or seek a determination that no Assessments are payable shall be subject, however, to the conditions that (i) the Developer shall have completed construction of the Improvements as evidenced by the City's delivery of a certificate of occupancy, including all site improvements or, if items cannot be completed due to weather conditions, the Developer has established an escrow acceptable to the City to guarantee the completion of such unfinished items; and (ii) no uncmed Event of Default shall have occurred under this Agreement. Upon such prepayment or upon the Developer's demonstration to the City that no amount of the Assessments is due, the City will execute a certification in recordable form certifying that the Assessments have been paid in full and discharged as a lien :from the Property. Notwithstanding the full or partial termination of the Assessments that may be due under this Agreement, such payment shall not terminate or reduce the Developer's obligations, including possible repayment obligations, under the Business Subsidy Agreement. Section 3.9. Business Subsidy Agreement. The financial assistance being provided to the Developer by the City under this Agreement constitutes a "subsidy" within the meaning of Minnesota Statutes. sections 116J.993 to 116J.995. Therefore, at the time of closing on the conveyance of the Property to the Developer by the City, the City and the Developer shall enter into the Business Subsidy Agreement to satisfY the requirements under said statutory provisions. The repayment obligations set forth in the Business Subsidy Agreement are mandated by State law and are separate and distinct :from the obligations of the Developer under this Agreement. Therefore, the Developer's repayment obligations under the Business Subsidy Agreement shall not be satisfied in whole or in part by any Construction Credit or Jobs Credit that the Developer may have earned under this Agreement. . Section 3.10. City Costs. The Developer shall pay all of the City's out-of-pocket costs paid or payable by the City to attorneys or consultants in connection with the negotiation and preparation of this Agreement and related documents, financial reviews of this transaction, and the conveyance of the Property, including closing and recording costs. 10 ARTICLE IV Construction of ImDrovements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain, preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a) The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that it will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore, within thirty (30) days ftom the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing if, in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part, by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and its successors and assigns, shall promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 of this Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by , and shall complete such construction by 11 . The Developer shall, however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security from the Developer to assure that any uncompleted work is completed. (c) The Developer shall only be deemed to have fulfilled his obligations to construct the Improvements if upon completion of the Improvements the Improvements, exclusive of the value of the Property, have a market value for tax purposes of at least $2,000,000.00. ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: . (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (ill) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, all risk vandalism and malicious mischief: boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds 12 thereof will produce less than the minimwn coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City which consent shall not be unreasonably withheld. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavating costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once very three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimwn Improvements shall be carried in the names of the Developer and the City as their respective interests may appear and shall contain standard clauses which provide for net proceeds of insurance resulting from claims per casualty thereunder to the Improvements to be made payable to the Developer. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimwn amount for each occurrence and for each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of: the Improvements or any portion thereof resulting from fire or other casualty. In the event of any such damage or destruction, the Developer will forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage. Failure by the Developer to rebuild the Improvements shall constitute an Event of Default under this Agreement which shall entitle the City to declare the Assessments due under Section 9.2 of this Agreement. (d) The City agrees that, if requested by the Developer's lender of financing for the construction of the Improvements, it will subordinate its rights relative to the receipt and application of the proceeds of insurance under this Agreement to the lien of such lender's mortgage. 13 ARTICLE VI Taxes Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2004 shall be apportioned between the Developer and the City as of the date of conveyance of the Property, with the result that the City shall pay that portion of such taxes attributable to the period of the year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to the period of time commencing with the date of conveyance. Real estate taxes and assessments due and payable in the year 2003 and all prior years, deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any, shall be paid by the City. After its acquisition of the Property, the Developer shall pay all real property taxes and special assessments in a timely manner and prior to the imposition of penalties. ARTICLE VII Financine: Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has obtained mortgage or other construction and permanent financing in an amount sufficient for acquisition of the Property and construction of the Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer nor any successor in interest to the Property, or any part thereof, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property~ whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements, without the prior written approval of the City. All financing and other transactions shall contain an agreement in a form acceptable to the City by which a proposed Holder agrees to be bound by and subject to the Assessments. ARTICLE VIII Prohibitions Ae:ainst Assie:nment and Transfer. Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) The Developer represents and agrees that prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, except only by way of security for, and only for, the 14 purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to constructing the Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the City. The City may require as a condition to the approval of any transfer, sale or assignment that the Developer pay to the City the amount of the Assessments determined to be due on the date of the transfer, sale or assignment calculated in the manner provided in Section 3.8. (b) In the absence of specific written agreement by the City to the contrary, no transfer of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, ITOm any of its obligations hereunder. (c) Notwithstanding subsection (a) above, the City acknowledges and agrees that the Developer will lease a portions of the Improvements to industrial users, including Westview Packaging LLC, owned by the Developer. The City agrees that for purposes of determining the Jobs Credit under Section 3.8 (c ) and compliance with the Business Subsidy Agreement, the City will look at the employment and payroll records of Westview Packaging LLC. The Developer shall, however, be the party obligated under this Agreement. Section 8.2. Release and Indemnification Covenants. (a) The Developer releases ITOm and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting ITom any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless ITom any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising ITom this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements. (c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by the City of any immunity or limits on liability under State law, including, without limitation, Minnesota Statutes, Chapter 466, relative to tort or other claims. 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more ofthe following events: ( a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 of this Agreement. (c) Failure by the Developer to obtain financing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval (including resolution) pursuant to the terms, conditions and limitations of Article IV of this Agreement. (e) Failure by Developer to provide any documentation or information required to be provided under the terms ofthis Agreement. (f) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (g) The Developer does any of the following : (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an assignment for the benefit of its creditors; or (ill) admits, in writing, its inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty (60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take anyone or more of the 16 following actions after providing thirty (30) days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days: (a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 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 the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement 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 concurrent, previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2, 3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that it shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of 17 any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 21130 Chippendale Avenue, Farmington, MN 55024; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East, Hastings, Minnesota 55033-1955, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City, the Developer and/or any third party. Section 10.6. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 10.7. Counteq>arts. This Agreement may be executed m any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. 18 Section 10.9. Severability. In the event that any provision of this Agreement 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 10.10. Termination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due or upon Developer's satisfaction of all obligations under the Business Subsidy Agreement, whichever is later. Upon such termination, the City shall provide the Developer with a certificate evidencing the termination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date of termination of this Agreement. 19 IN WITNESS WHEREOF, the City 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 Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk WESTVIEW PROPERTIES, LLC By Thomas G. Trevis, its CFO By Julie A. Trevis, its CMO STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of . 2004, by Thomas G. Trevis and Julie A. Trevis, the Chief Financial Officer and Chief Managing Officer ofWestview Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 20 SCHEDULE A Description of Property The East 440 feet of Lot 1, Block 3, Hastings Industrial Park #3, according to the recorded plat thereof, Dakota County, Minnesota. SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and WESTVIEW PROPERTIES, LLC Dated: This document was drafted by: BRADLEY & DEIKE, P. A. 40 18 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2004, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Westview Properties, LLC, a Minnesota limited liability company (hereinafter referred to as the "Developer"), having its principal office at 21130 Chippendale Avenue, Farmington, Minnesota 55024. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase and Development Agreement dated as of , 2004, (the "Contract") pursuant to which the Developer has agreed to construct certain improvements on real property within the City of Hastings, Minnesota; and WHEREAS, in order to induce the Developer to undertake such development, the City has agreed in the Contract to provide certain assistance to the Developer through its sale of the property subject to the Contract to the Developer at a cost below market value; and WHEREAS, Minnesota Statutes, sections 116J.993 to 116J.995, provides that a government agency that provides financial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the financial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 116J.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes. Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Benefit Date" means the earlier of: (i) the date that the Improvements are completed; or (ii) the date that the Improvements are first occupied by the Developer. "City" means the City of Hastings, Minnesota. "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of , 2004. "Developer" means Westview Properties, LLC, a Minnesota limited liability company, or its successors and assigns, or any future owners of the Property. "Improvements" means the construction activities to be undertaken by the Developer pursuant to the Contract. "Property" means the real property described as such in the Contract. "State" means the State of Minnesota. "Subsidy" means on any particular date $326,695.00, less any portion of such amount that the Developer has as of such date repaid to the City pursuant to the terms of the Contract. ARTICLE II Job and Wae:e Goals: Required Provisions Section 2.1. Employment and Wage Requirements. The Developer shall meet or cause to be met by Westview Packaging LLC, within two (2) years of the Benefit Date the wage and job goals set forth on the attached Exhibit A. Section 2.2. Reports. The Developer must submit to the City a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2005 and continuing until the later of (i) the date the goals stated Section 2.1 are met; (ii) 30 days after expiration of the five-year period described in Section 2.3; or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.2. The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. It: after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. Section 2.3. Continuing Obligation. The Developer agrees that it will continuously operate the Improvements for the purposes and by the tenant, Westview Packaging LLC, described in the Contract for a period of at least five (5) years from the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: 2 (a) By providing the Subsidy to the Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State and creating new job opportunities within the City at competitive wages. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of the size and quality proposed. By reducing the front end costs of the Developer's business expansion, more funds will be available for ongoing operations costs and the risk of failure will thereby be reduced. (c) The Developer has no parent corporation. (e) The following is a list of all financial assistance from all other state or local government agencies: None. ARTICLE m Default Section 3.1. Defaults Defined. It shall be a default under this Agreement if the Developer fails to comply with any term or provision of this Agreement, and fails to cure such failure within thirty (30) days written notice to the Developer of the default, but only if the default has not been cured within said thirty (30) days. Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable loan, repayable only if the Developer fails to fulfill its obligations under sections 2.1 and 2.3 of this Agreement. Upon the occurrence of a failure to create jobs as required by Section 2.1 or a failure to continue operations as required by Section 2.3 the Developer shall repay to the City upon written demand :trom the City a ''pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the bureau of economic analysis of the United States Department of commerce for the 12 month period ending March 31 of the year prior to the year in which the payment :trom the Developer is due accruing :trom the Benefit Date. The term "pro rata share" means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Minimum Improvements in accordance with Section 2.3, sixty (60) less the number of months of operation (where any month in which the Improvements are in operation for at least fifteen (15) days constitutes a 3 month of operation), commencing on the Benefit Date and ending with the date the Developer ceases operation as reasonably determined by the City, divided by 60; and . (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages, not to exceed 100%. Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the City shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the City for the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the City prevails in such collection or enforcement action. ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. This Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. The Developer. and City agree that if the Act is amended by the State legislature so as to shorten or eliminate the requirement that this Agreement contain the operating covenant contained in Section 2.2 and such amendment applies to this Agreement, the Developer and City will amend this Agreement to reflect such amendment to the law. Section 4.4. Counterparts. This Agreement may be executed m any number of counterparts, each of which shall constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. The City and Developer agree that this Agreement is intended to satisfy the requirements of the Act, which is incorporated herein and made a part hereof by reference. In the event that any provision of this Agreement conflicts with the terms of the Act, the terms of the Act shall govern. 4 IN WITNESS WHEREOF, the City 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 Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk WESTVIEW PROPERTIES, LLC By Thomas G. Trevis, its CFO By Julie A. Trevis, its CMO STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Thomas G. Trevis and Julie A. Trevis, the Chief Financial Officer and Chief Managing Officer of West view Properties LLC, a Minnesota limited liability company, on behalf ofthe company. Notary Public 5 EXHIBIT A Wage and Job Goals The Developer will create not less than 11 new full time or full time equivalent jobs at an average wage of not less than $10.00 per hour, no later than two years from the date the City issues a Certificate of Occupancy for the building. 6 VIII-B-3 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 4, 2004 2nd Reading\Ordinance Amendment -Rezoning #2004-20 - A to R- 3\PRD - Vitt Property - 13th Street west of General Sieben Drive - Centex Homes. Subject: REQUEST The City Council is asked to adopt the attached ordinance amendment rezoning approximately 17 acres from A - Agriculture to R-3\PRD - Medium\High Density Residence Planned Residential Development. The property is located along the future extension of 13th Street, west of Bailey Ridge\General Sieben Drive, and north of 14th and Tierney. The City Council Public Hearing was held on June 21 ,2004. During the Public Hearing one resident spoke with concerns about traffic impacts of the development on the surrounding. areas. Final action on the rezoning was tabled in order for the request to be heard concurrently with the preliminary plat and site plan application from Centex homes for construction of 114 multiple family units. RECOMMENDATION The Planning Commission voted 5-1 (Schmitt dissenting) to recommend approval of the rezoning at the May 24, 2004 meeting. During the public hearing one resident spoke in opposition to the rezoning request citing additional traffic concerns. The Commission discussed the rezoning, plat and site plan as a single item. Commissioners generally supported the plan for development of the parcel, but voted to table the Preliminary Plat and Site Plan until resolution of collector road issues. BACKGROUND INFORMATION Neighborhood Meeting The developer held a neighborhood meeting on May 19th to introduce the concept to Vitt Property Rezoning #2004-20 City Council 2nd Reading\Ordinance Amendment - October 4, 2004 Page 2 the surrounding residents. Four people attended the meeting. The following issues were raised: · Concern over increased traffic · Preference for single family homes in the development · Ability to provide city services (police, fire, and sewer) to the area Annexation The City Council approved the annexation of most of the subject property in December, 2003. The annexation has approved by the State of Minnesota on April 15, 2004 and the property is now legally part of the City. A small portion of the property (0.5 acres) is also under consideration for annexation. The public hearing and annexation ordinance is scheduled for the October 18, 2004 City Council Meeting. Comprehensive Plan Classification The proposal is consistent with the Comprehensive Plan. The property was identified for future annexation under the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). The Site Plan gross density of 6.7 units per acre (8.0 net density - excluding public right-of-way) is consistent with the plan. Zoning Classification The property is currently zoned A - Agriculture. The proposed rezoning to R-3\PRD is consistent with the density proposed for the plat and site plan. The applicant proposes to develop the property as a Planned Residential Development to allow for clustering of units and preservation of open space. Adjacent Zoning and Land Use The following land uses abut the property: Direction North Existinq Use Zoninq Future South Frontage Rd Xcel Substation\Ag Nininger Township Bailey Ridge Townhomes R-3 - Med\High Density Sunset West Single Fam R-3 - Med\High Density Future Collector Road Ag Land Nininger Township Comp Plan East South West C - Commercial U-II (Res 4-8) U-I (Res 1-3) Not in Plan Existing Condition The site is open agriculture with no mature trees or structures. The site gently slopes from west to northeast. Vitt Property Rezoning #2004-20 City Council 2nd Reading\Ordinance Amendment - October 4, 2004 Page 3 REZONING REVIEW Request The applicant proposes to rezone +/- 17 acres from A - Agriculture to R-3\Planned Residential Development. Analysis The change is consistent with the density stipulated in the Comprehensive Plan. The area is adjacent to town homes of similar density (east). The area serves as a buffer between future commercial area along Highway 55 to the north, and single family residential area to the south. ATTACHMENTS . Ordinance Amendment . Location Map . Proposed Site Plan . Application ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 10.01, SUBDIVISION 1 OF THE CITY CODE HA VING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council of the City of Hastings as follows: Subdivision 1. The following legally described property generally located west of 13th Street and North of Tierney Drive is rezoned from A - Agriculture to R-3\PRD - Residential Medium-High Density\Planned Residential Development: That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South of a line described as: Commencing at the Northeast corner of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of the line to be described; thence deflecting 90 degrees 00 minutes 00 seconds right 1315.07 feet to the West line of said Northeast Quarter of the Southeast Quarter and there terminating. All remaining sections of the City Code shall remain unchanged. ADOPTED BY THE CITY COUNCIL TillS 4th DAY OF OCTOBER, 2004. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative AssistantJ 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 4th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, Administrative Assistant! City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 10 14th St. Hastings, MN 55033 >< ... t: CI) ca ca ...,-- t:a..a.. (1) E CI) o ... ~ .- .- t::Ci)CI) · - r... >D..~ /J) 0) /J) .5 /J) Q) 32 ~ e :3 0 <<J m a:: a. "'C c: Q.) C) Q.) ......I . ........0 g ~ i z.w i 2 ~ ...J a. 2 Q) U5 C/) Q) - co Q a. co ~ ."' 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J:<fu\.. l.Ol.4Jl.JU.l3t) 04/27/04 09:14 F.~ 9529367839 LAND USE APPLICATION CI1Y OF HASTINGS .- PLANNJNG DEPARTMENT 101 4th Street East. Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of P.roperty; N/A Legal Description of Property: That part of NW Quarter of the Southeast Quarter of Section 30 , Township 115, Flange 17 Dakota County, MN . accordIng to Government survey thereot, whictllIes south of a Hne described as: Commencing at the Northeast comer of the North Half of said Southeast Quarter; thence south along the East line theraof 153.90 feet to the South Right-of-Way line of TH No.55; thenoe oontinulng SOLIttl along said e~st 1Ioe 603.00 feet to the point of begInning ot the line to be described; th",nce deflecting 90 degrees 00 minutes 00 seconds rfght 2135.22 fest to the West line of said Northwest au~rter and there terminating. Applicant: Name Centex Homea Address 12400 Whitewater Drive, Suite 120 Mil1netonka. MN 55343 Phone 952-988-8235 Fax 952.:36-7839 emall mrantana@centexhomes.com Owner (If different from AppIlCiilnt)~ Name Hastings Land LLC Address Capital Property Investments LLC 0/0 Oapltal Fleal Eute. INC Fifty South Sixth Street, 6ulte 1480 MInneapolis, MN 55402 Phone 612-313-2500 Fax 612-S1S-Q136 Emall Description of Request (include site pla.n, survey. and/or plat It applicable): Rezone, Sits Plan and PreUmlnary Plat Check appUcable box(es): Note: All fees and escrow amounts due at time of application. 500 Final Plat Mi.,or Sub. Rezone Spec. Use Variance Annexation EAW Pnalim Pla~ 500 6000 500 Site Plan 4000 TOTAL: S600 ~ $500 $900 $500 $250 $BOO plus legal &)(penses $500 plus $1000 escrow. $500 plus escrow: - Uf1der 10 acres: $3000 ($500 Planning + $2500 Erlglneerlng) - Over 1 0 acres~ $6000 ($1000 Planning + $5000 Engineering) $500 pillS escrow: - 0 - 5,000 a.t.: $1600 (Engineering) . 5,000 . 10,0009.1.: $2500.(51500 PlannIng + $2000 Engineering) - 10,000.50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s..t. +: $4000 (S1000 Planning + $3000 Engioeering) S 110500 Administrative L.ot Split Camp Plan Amendment House Move Lot Line Adjustment Vacate ROWlEasement $50 $500 $500 $50 $400 Centex Homes - MN; Matt Anfang Land Projeot Planner COlaB! U.. ~ ~ File # . - L..U Fee Paid 0''0 Date ~ Hastings Land LLC, James F. Vltt Aec'd By: -ri~ Receipt # ~ ~ 4/~( 412312.003 Oats Reo'd App. Complete VIII-B-4 Vitt\Centex Property Preliminary Plat\Site Plan #2004-20 City Council Memo - October 4, 2004 Page 1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 4, 2004 Resolution - Preliminary Plat\Site Plan #2004-20 - 13th Street west of General Sieben Drive - Centex Homes. Subject: REQUEST Centex Homes seeks the following approvals on +/- 17 acres owned by Hastings Land LLC generally located along the future extension of 13th Street, west of Bailey Ridge\General Sieben Drive, and north of 14th and Tierney: 1) Preliminary Plat to subdivide the property into 18 multiple family lots and 4 common area outlots. 2) Site Plan to construct 114 multiple family units within 18 structures as follows: T e Total Units Carria e Home - 8-1 0 unit buildin back to back 66 Carriage Home - 4-5 units side by side 48 A request to rezone the property from A - Agriculture to R-3\PRD - Medium-High Density Residence\Planned Residential Development has been submitted in conjunction with this application. RECOMMENDATION Preliminary Plat The Planning Commission voted 6-1 (Twedt dissenting) to recommend approval of the Preliminary Plat at the September 13, 2004 meeting. Commissioners discussed drainage concerns, traffic, and architectural elevations of the buidings (please see attached minutes for further information). The Commission tabled action on the Site Plan, and directed the Vitt\Centex Property Preliminary Plat\Site Plan #2004-20 City Council Memo - October 4, 2004 Page 2 applicant to modify the architectural elevations to incorporate further variation and materials. Site Plan The Planning Commission voted 4-3 (Twedt, Mcinnis, and Truax dissenting) to recommend approval of the Site Plan at the September 27,2004 meeting. Commissioners discussed drainage concerns, traffic, and architectural elevations of the buidings (please see attached minutes for further information). ATTACHMENTS . Resolution - Preliminary Plat . Resolution - Site Plan . Location Map . Preliminary Plat . Site Plan . Planning Commission Minutes - September 13, 2004 . Planning Commission Minutes - September 27,2004 . Neighboring Residents Letter - September 27,2004 . Application HISTORY May 19, 2004 - Neighborhood Meeting - The developer held a neighborhood meeting on May 19th to introduce the concept to the surrounding residents. Four people attended the meeting. The following issues were raised: · Concern over increased traffic · Preference for single family homes in the development · Ability to provide city services (police, fire, and sewer) to the area May 24, 2004 - Planning Commission Meeting - The Planning Commission tabled action on the Preliminary Plat and Site Plan at the May 24, 2004 meeting. The commission discussed secondary access to South Frontage Road, and traffic. The Planning Commission recommended approval of the rezoning to R-3\PRD. June 7,2004 - City Council- City Council considered first reading and ordered the public hearing for the rezoning request. June 21, 2004 - City Council - City Council held the public hearing on the rezoning. One resident spoke with traffic concerns. The council tabled final action on the request. Vitt\Centex Property Preliminary Plat\Site Plan #2004-20 City Council Memo - October 4, 2004 Page 3 August 9, 2004 - Planning Commission Meeting - The Planning Commission reviewed a revised concept plan for development of the site. Commissioners had the following comments: . Additional architectural detailing is needed to segment\break-up the backs of the long side-by-side carriage homes. . Improve the facades of the building most visible from adjoining residential areas and public right-of-ways. · Consider a fountain in the pond. September 7,2004 - City Council- The City Council considered first reading and ordered the public hearing for the 0.5 acre annexation request for South Frontage Road. September 13, 2004 - Planning Commission - The Planning Commission voted to recommend approval of the Preliminary Plat, but tabled action on the Site Plan and directed the applicant to provide further variation of the buildings and materials. September 27,2004 - Planning Commission - The Planning Commission voted to recommend approval of the Site Plan. Commissioners discussed revised building elevations, drainage, and traffic. BACKGROUND INFORMATION Annexation The City Council approved annexation of most of the subject property in December, 2003. The annexation has approved by the State of Minnesota on April 15, 2004 and the property is now legally part of the City. A small portion of the property (0.5 acres of South Frontage Road) is also under consideration for annexation. The public hearing and annexation ordinance is scheduled for the October 18, 2004 City Council Meeting. Comprehensive Plan Classification The proposal is consistent with the Comprehensive Plan. The property was identified for future annexation under the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). The Site Plan gross density of 6.7 units per acre (8.0 net density - excluding public right-of-way) is consistent with the plan. Vitt\Centex Property Preliminary Plat\Site Plan #2004-20 City Council Memo - October 4, 2004 Page 4 Zoning Classification The property is currently zoned A - Agriculture. The proposed rezoning to R-3\PRD is consistent with the density proposed for the plat and site plan. The applicant proposes to develop the property as a Planned Residential Development to allow for clustering of units and preservation of open space. Adjacent Zoning and Land Use The following land uses abut the property: Direction North ExistinQ Use ZoninQ Future South Frontage Rd Xcel Substation\Ag Nininger Township Bailey Ridge Townhomes R-3 - Med\High Density Sunset West Single Fam R-3 - Med\High Density Future Collector Road Ag Land Nininger Township Comp Plan C - Commercial U-II (Res 4-8) U-I (Res 1-3) East South West Not in Plan Existing Condition The site is open agriculture with no mature trees or structures. The site gently slopes from west to northeast. PRELIMINARY PLAT AND SITE PLAN REVIEW Request The applicant proposes to subdivide +/- 17 acres into 18 multiple family lots (containing 114 town home units) and 4 outlots. Planned Residential Development Section 10.14, Subd.2 allows Planned Residential Developments (PRO) in the R-3 District. PRDs allow flexibility in the application of minimum lot size and setback standards within the development, allow for a clustering of uses and preservation of open space. The intent is to provide a process, which will encourage the following: 1) Variety: Within a comprehensive site design concept a mixture of land uses, housing types and densities. 2) Sensitivity: Through the departure from the strict application of minimum lot requirements and other performance standards associated with traditional zoning, planned residential developments can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. 3) Efficiency: The consolidation of areas for recreation and reductions in street lengths and widths and other utility related expenses. 4) Density Transfer: The project density may be clustered, basing density on number Vitt\Centex Property Preliminary Plat\Site Plan #2004-20 City Council Memo - October 4, 2004 Page 5 of units per acre versus specific lot dimensions. Approval of the planned residential development allows clustering of units to provide additional separation to adjacent single family units and creation of common improved greenspace in the development. Streets, Access, and Circulation The proposal connects the temporary dead-ends of Tierney Drive and 13th Street. All streets with the exception of the Outlot B drive would be platted as public streets and right-of-way. The street layout is acceptable with the following modifications: 1) The Outot B private drive must be expanded to 32 feet in width to accommodate parking on both sides of the roadway. 2) South Frontage Road must incorporate a temporary turnaround at the discretion of the Public Works Director. 3) All property designated for the South Frontage Road right-of-way must be annexed to the city prior to approval of the Final Plat. An annexation application for approximately 0.5 acres has been submitted for City Council approval in conjunction with the Preliminary Plat. 4) South Frontage Road must be constructed at the full expense of the developer. Future North\South Collector Road A future north\south collector road has been identified just west of the plat boundary. The collector road is presently within Nininger Township. Staff has conveyed to the developer the need to preserve the route and obligation for construction during future development. To further memorialize future roadway obligations, the following condition should be added: 1) A covenant shall be recorded against all land contained within the future north\south collector road located just west of the subject property. The covenant shall give notice of the obligation to construct the collector roadway to City Standards at the full cost of the owner prior to any subdivision approval. Outlots Four outlots are planned for future development. The outlots would be held in common by residents of the development for open space and access purposes. Association Documents and Covenants Association documents and covenants will need to be established prior to Final Plat to ensure maintenance of all common items including open space and common drives. Vitt\Centex Property Preliminary Plat\Site Plan #2004-20 City Council Memo - October 4, 2004 Page 6 Grading, Drainage, Erosion Control, and Utility Plan The City's consultant engineer has reviewed the Grading, Drainage, Erosion Control, and Utility Plans. Approval of the Preliminary and Final Plat is subject to approval of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. Off Site Ponding Basin A stormwater ponding basin is proposed west of the plat in Nininger Township. Approval is subject to the following: 1) The homeowner association shall be responsible for the maintenance of the off-site stormwater basin. 2) The applicant shall obtain any approvals necessary by Nininger Township in order to construct the off-site stormwater basin. Park Land Dedication The Natural Resource and Recreation Commission has recommended cash in lieu of land be paid to satisfy park dedication requirements. Interceptor Sewer Fee Sewer interceptor fees will be collected and determined upon Final Plat Parking All units meet the two spaces per unit minimum requirement. All units would have a two stall garage and two spaces with a private driveway. Over 100 overflow on-street spaces have been identified in the neighborhood for overflow parking needs, subject to the road widening of Outlot B. Pedestrian Access and Circulation Pedestrian access and circulation is excellent. Existing sidewalks along 13th Street and South Frontage Road would be extended. An internal sidewalk system has been developed to connect units to common open space and city sidewalks. Lot and Unit Layout Units abutting the single family area to the south have exceeded minimum setback and landscaping requirements. Additional setback buffers have been created between the townhomes and South Frontage Road and the future North\South Collector Road. T ownhomes located west of Tierney Drive have been situated to have the shortest side of the building face the abutting single family homes. Townhomes on Block 6, east of Tierney Drive have their longest sides directly abutting the single family area. Landscape Plan Vitt\Centex Property Preliminary Plat\Site Plan #2004-20 City Council Memo - October 4, 2004 Page 7 The landscape plan exceeds minimum standards for boulevard tree and unit plantings. Additional landscaping has been added to help buffer the site from single family areas to the south, especially at the ends of the driveways. The plan is acceptable with the following change: 1) Boulevard trees along South Frontage Road must be located between the sidewalk and roadway at the discretion of the City Forester. Architectural Elevations Architectural elevations are consistent with the architectural standards of the Zoning Ordinance. Building materials consist of mainly vinyl siding with accent siding of differing color and brick along the lower elevations. Buildings incorporate dormers and roof height changes to help break up the roofline. Dormer bumpouts have been carried to the rear of the side-by-side attached building to help break up the long fa~ade. The rear elevations have been segmented to break up the long views of the building. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING PRELIMINARY PLA T APPROVAL TO CENTEX HOMES ON PROPERTY OWNED BY HASTINGS LAND, LLC ON PROPERTY LOCATED WEST OF 13TH STREET AND NORTH OF TIERNEY DRIVE Council member moved its adoption: introduced the following Resolution and WHEREAS, Centex Homes has petitioned for Preliminary Plat approval on property owned by Hastings Land, LLC to subdivide 18 multiple family lots (containing 114 residential units), and four outlots on property generally located north of Tierney Drive and west of 13th Street, legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South of a line described as: Commencing at the Northeast corner of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of the line to be described; thence deflecting 90 degrees 00 minutes 00 seconds right 1315.07 feet to the West line of said Northeast Quarter of the Southeast Quarter and there terminating. WHEREAS, on September 13, 2004, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval of the Preliminary Plat subject to the conditions of this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Preliminary Plat request of Centex Homes as presented to the City Council subject to the following conditions: 1) Approval of the property rezoning from A - Agriculture to R-3\PRD - Medium High Density Residence - Planned Residential Development. 2) The Outlot B private drive must be expanded to 32 feet in width to accommodate parking on both sides of the roadway. 3) South Frontage Road must incorporate a temporary turnaround at the discretion of the Public Works Director. 4) All property designated for the South Frontage Road right-of-way must be annexed to the city prior to approval of the Final Plat. An annexation application for approximately 0.5 acres has been submitted for City Council approval in conjunction with the Preliminary Plat. 5) South Frontage Road must be constructed at the full expense of the developer. 6) A covenant shall be recorded against all land contained within the future north\south collector road located just west of the subject property. The covenant shall give notice of the obligation to construct the collector roadway to City Standards at the full cost of the owner prior to any subdivision approval. 7) Association documents and covenants will need to be established prior to Final Plat to ensure maintenance of all common items including open space and common drives. 8) Boulevard trees along South Frontage Road must be located between the sidewalk and roadway at the discretion of the City Forester. 9) The homeowner association shall be responsible for the maintenance of the off-site stormwater basin. 10) The applicant shall obtain any approvals necessary by Nininger Township in order to construct the off-site stormwater basin. 11) All buildings consisting of three or more units will be subject to Site Plan by the Planning Commission and City Council prior to construction 12) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 13)Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. 14) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 15) All private roads constructed to city specifications. 16) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 17) Preliminary Plat approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: _ Absent: ATTEST: ~chaeID. VVerner,~ayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 4th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, ~ 55033 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL TO CENTEX HOMES ON PROPERTY OWNED BY HASTINGS LAND, LLC ON PROPERTY LOCATED WEST OF 13TH STREET AND NORTH OF TIERNEY DRIVE Council member moved its adoption: introduced the following Resolution and WHEREAS, Centex Homes has petitioned for Site Plan approval on property owned by Hastings Land, LLC to subdivide construct 114 residential units located on 18 lots on property generally located north of Tierney Drive and west of 13th Street, legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South of a line described as: Commencing at the Northeast comer of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of the line to be described; thence deflecting 90 degrees 00 minutes 00 seconds right 1315.07 feet to the West line of said Northeast Quarter of the Southeast Quarter and there terminating. WHEREAS, on September 27, 2004, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval of the Site Plan subject to the conditions of this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Site Plan request of Centex Homes as presented to the City Council subject to the following conditions: 1) Approval ofthe property rezoning from A - Agriculture to R-3\PRD - Medium High Density Residence - Planned Residential Development. 2) Approval of the Preliminary Plat and adherence to conditions of approval for the Preliminary Plat. 3) Buildings must incorporate differing colors and accent materials to avoid replication of the same unit style and appearance. 4) Submission of an electronic copy of all plan sets (TIP, PDF, or similar format) prior to recording of the Final Plat mylars. 5) Site Plan approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: _ Absent: ATTEST: MichaelD. VVerner,Mayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 4th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk ( SEAL) This instrument drafted by: City of Hastings (JVVH) 101 4th St. East Hastings, MN 55033 >< ...... t: G) ca ca ...-- t:D..a.. CI) ~ CI) os:::...... """",. .- .- ...... - ,. ^ ...... (1) v ~ .- L. >a..~ (/) O! .S 32 ::I !II -0 C (1) 0) (1) -.-J (/) "C co o a:: (/) Q) ~ ct:I a. 1'0 U) ~ Qj (ij 10 0.. 3: c .! - .. . " u .. X': :s CI) 1ft 1ft ~ I ::E: ~ - ::E: g p;.j iZ.~ 2 ~ a. 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'" :::: ::E ... 8 _ - c5 ~ ~ E5 e ~ ~ ~ '"' '"' ~ ~ =: ""0 '( ~ '" '" r;; .!! 5 >Zi ~ 2 ~ .. .?;- rJJUgenu]U~..~~_~", >~'"'...~g..~o; ~~i~!~]!i~s9~t~~t!I]~jjl ~~~~~8~;!r;;~E":::E~o$~;!U~;~enen 58 ~ ~ ~ E f;I;1~ f;I;1 ... CI) ~ ffi ~ ~ ~ ~ ~ o ~ ~ ~ ~ >< ~ z o .... '"' ~ ~ f;I;1 !Z o ~ t f;I;1 U Z o U f;I;1 ~ o =: ~ o ~ f;I;1 " ..: ~ ..: U z o ~ :> f;I;1 ~ f;I;1 1'01 ~ .... rJJ '"' =- f;I;1 U Z o U z o ~ :> f;I;1 ~ f;I;1 ~ ..: ~ t f;I;1 U Z o U ~ o :;:: ~ o ~ f;I;1 " -( ~ ..: U ><U1 Ww I-~ Ze ~:t /I ~ I.U . .....,. ~, ~j ~.tt- ~ '1-. ~. " ,'{ I y ?;~ ~'~ .......... ~-*" ~<: ~ct ~ ~ ~ :-i- 1~ ~~. ~.~ ~ ~ 3. That no more than square feet of space be used for the business. Any increase above that amo would require an amended special use permit and a new site plan review the City Council due to increased parking requirements. 4. The Heritage Preservation Commissio must review and approve any exterior modifications and signs. 5. Approval is subject to a one year Sunset Clause;' significant progress is not made towards construction of the proposal wit' one year of City Council approval, the approval is null and void. Upon vote taken: Ayes: 6, Nays: O. Motion assed. c; ! / 3/()4, ' PC /V] t/) vt-k?) 3 4. Centex Homes - Preliminary Plat\Site Plan #2004-20, Continued - Construction of 114 Townhome Units - NW of 13th St & Tierney Drive. Director Hinzman presented background on the request, including changes that have been made since the previous review of this item. Chairman Greil opened the public hearing at 7:32 pm. John Thoresen, 1844 14th St West, stated that the Sunset West Development is fairly new, with single family homes up to $400,000. He stated that there was an assumption in the area that the minimum rear yard setback was 60', until he spoke with City Staff, who told him it was 20'. There is a drainage pipe in his rear yard as well as his neighbors, and during the most recent heavy rain there was standing water in the yard for about 2 hours. He would like engineers to look at the drainage to the west of this area. Mr. Thoresen had planned to plant some evergreen trees at the rear of his property to buffer the view, but due to the storm sewer pipe and easement, he was unable to do that or a fence. Mr. Thoresen would like to see a berm 2'-4' in height at the rear of the townhomes to help buffer the view of the single family homes. Mr. Thoresen stated he did have a concern over the rental of units, and that in visiting other Centex Homes developments, he noted a greater separation between townhomes and single family homes in developments where Centex was building both home styles, and he asked for the same consideration with this development in relation to the Sunset West area. Mr. Thoresen did state that he is not opposed to townhomes per se, because there is more of a guarantee of maintenance, regular lawn mowing etc. Geri Langer, 1801 13th St, expressed concern about the amount of traffic using 13th St to gain access to General Sieben Drive, and asked that during construction, construction-related traffic use South Frontage Road rather than the residential streets. She did acknowledge that traffic may now be reduced on 13th because of the offset street into the townhome area. She also asked for 0l(3 4 clarification that the South Frontage Road will be built to the west end of the proposed subdivision. Director Hinzman stated that it would. Joyce Recer, 1817 13th St W, stated there was no encouragement for future residents to use the future street on the west end. Director Hinzman stated that it would not be built for some time. Ms. Recer expressed concern that 13th St W was already a very busy street and that all the traffic from this future development would use 13th St W to enter or exit from the development. Matt Anfang, Centex Homes representative, stated that the development exceeds the setback requirements in all areas, and that the setback to the future road area was increased to 40'. He stated that Centex would be willing to work with neighboring homeowners regarding the proposed landscaping. Mr. Anfang added that the project engineer was to attend to better explain the "babbling brook" feature, but couldn't make the meeting. The water feature will be maintained 100% by the homeowner's association. Chairman Greil asked what action the City could take if the water feature was not maintained. Director Hinzman stated that the City does review the language for homeowner's associations to ensure that the association is able to levy costs back to the homeowners. If the association doesn't, then maintenance could fall back on the City, who would then assess the association for the cost. Mr. Anfang stated that with regards to the rear of the units, some reconfigurations will be happening on the interior of the units to allow for more windows, as well as setting half of the building back a couple of feet to break up the horizontal line of the building. Ms. Recer inquired if a traffic study had been done for the proposed development. She added that General Sieben Drive is already very busy. Director Hinzman stated that a study had not been done with the annexation. Due to the collector roads in the immediate area, it was felt that the existing roadways will adequately serve the area. Kristin Muhl, 1812 13th St W, inquired as to the timeframe for development of this project and the price ranges for the units. Mr. Anfang stated that Centex would like to grade the property this fall, start infrastructure construction in the spring, with home construction in early summer. The projected price point is $170,000 to $200,000, depending upon the location of the unit and the options selected. Centex was also undertaking the 1 It> 5 over sizing of pipes in the area, as well as constructing South Frontage Road and Tierney Drive. Ms. Muhl questioned why the developer would not want to construct more expensive units on the site if the construction costs were greater than anticipated. Mr. Anfang responded that the smaller unit fit better on the site. Hearing no further comments, Chairman Greil closed the public hearing at 8 pm. Commissioner Twedt stated that he would be voting against this project, as it is very similar to the Whispering Lane project that was recently denied by the City Council. This project consists of putting multi-family units in a single family neighborhood. No traffic study has been done, yet there are more units proposed in this project. It doesn't fit in the neighborhood, and it's the same target market and same price points. Commissioner Twedt also stated that he didn't feel that the units meet the architectural standards, especially since the City doesn't know what the architectural standards are. Chairman Greil asked Commissioner Twedt what exactly could be put next to single family, if townhomes were not acceptable. Commissioner Twedt disagreed with Chairman Greil's summary of his statement. Commissioner Schmitt stated that if this (Centex Homes proposal) was proposed at Whispering Lane, the project would have had no trouble being approved by the City. Commissioner Twedt maintained that the Whispering Lane project was denied for four reasons: it didn't fit with the neighborhood, traffic concerns, architectural standards, and lack of landscaping/berming and tree preservation. Commissioner Alongi added that the Planning Commission needs to be careful in how they move forward. The access and egress to this site is much more varied than the Whispering Lane. The height of the building, the garages, the location, etc. is all different than what was proposed at Whispering Lane. The single family homes in Sunset West that will back up to the proposed development currently have the electrical substation and Cub Foods as their view, and this will improve their view. Commissioner Alongi also noted that he has seen considerable more engagement on the part of the developer on this project to work with the City. Commissioner Truax likes the thought of turning and breaking up the units that back up to the single family homes along 14th St W. He was concerned about easements in the area. As far as the babbling brook goes, he has concern with it's operation and that it could have standing water and become a breeding ground for mosquitoes, etc. qlt; 6 Commissioner Schmitt clarified that without the pump, the ponds would be like any other detention pond that holds water. Mr. Anfang tried to better explain how the water feature works. There would be a large pond to the west of and in the southwest corner of the property. Water would then flow thru the open channels to the pond in the northeast corner of the property. Rather than flowing thru a 48" pipe underground, the water will flow above ground. Commissioner Alongi asked if the Planning Department had received any comments from the Public Works Director. Director Hinzman stated that Tom Montgomery, Public Works Director, commented that an underground pipe is easier to maintain in the long term, and that this design will require much more maintenance. Commissioner Alongi asked whether Condition #15 should be modified for more specific language about the brook. Director Hinzman stated that conditions #11 and #12 should cover the water feature. Commissioner Schmitt stated that sedimentation will occur and be a maintenance issue with this feature. Director Hinzman stated that it will, and that this is an issue the City has to deal with on it's ponds. Commissioner Schmitt clarified that future road construction will be recorded against the other property owner. Director Hinzman stated that the other property owner is aware of the requirement and that the City has discussed this issue with them. Commissioner Truax stated that in regards to traffic issues, all the traffic will end up on General Sieben Drive, but that there are several ways to get there. General Sieben Drive is functioning as intended, and this particular area of the street is the busiest. He feels that the City owes it to the area residents to do the study, as it may show that the future road is needed sooner rather than later based on the levels of the traffic study. Commissioenr Alongi added that this is another reason this project differs from the Whispering Lane proposal as there was no future possibility for a future roadway connection. Commissioner Schmitt added that while general Sieben Drive is designed and constructed to handle large volumes of traffic, he isn't opposed to a study. Commissioner Alongi questioned whether the road extension to Highway 55 would require MnDOT's approval. q,/ () 7 Director Hinzman stated that it would need to meet access management guidelines. Commissioner Alongi asked if a right only exit would still require MnDOT approval. Director Hinzman stated that any access to Highway 55 requires MnDOT's review and approval. Commissioner Alongi stated that requiring this development to connect to Highway 55 is too great of a burden on the development. Chairman Greil reminded the Commission that just west of the electrical substation is the city limits and the extension to Highway 55 would require further annexation. He added that traffic thru the neighborhoods in this area is will designed and that about 2/3 of the traffic from this proposed development will use South Frontage Road to access General Sieben Drive. Options at that location mayor may not include stoplights. He finds it hard to believe that General Sieben Drive is at or above the capacity for which it was designed. He acknowledged that it may be very busy at times, but it's not unbearable. Director Hinzman stated that the other issue that should be looked at is what the City gains with this development. The extension of South Frontage Road will eventually serve a greater area. Commissioner Truax also noted that General Sieben Drive narrows from four lanes to two lanes at the South Frontage Road intersection. Planning Commission Action Commissioner Schmitt moved and Commissioner Hollenbeck seconded the motion to recommend approval, to the City Council, of the preliminary plat, based on the following conditions: 1) Approval of the property rezoning from A - Agriculture to R-3\PRD - Medium High Density Residence - Planned Residential Development. 2) The Outot B private drive must be expanded to 32 feet in width between the proposed brook and Tierney Drive to accommodate parking on both sides of the roadway. 3) South Frontage Road must incorporate a temporary turnaround at the discretion of the Public Works Director. 4) All property designated for the South Fr.ontage Road right-of-way must be annexed to the city prior to approval of the Final Plat. An annexation application for approximately 0.5 acres has been submitted for City Council approval in conjunction with the Preliminary Plat. 5) South Frontage Road must be constructed at the full expense of the developer. Gf (13 8 6) A covenant shall be recorded against all land contained within the future north \ south collector road located just west of the subject property. The covenant shall give notice of the obligation to construct the collector roadway to City Standards at the full cost of the owner prior to any subdivision approval. 7) Association documents and covenants will need to be established prior to Final Plat to ensure maintenance of all common items including open space and common drives. 8) Boulevard trees along South Frontage Road must be located between the sidewalk and roadway at the discretion of the City Forester. 9) The homeowner association shall be responsible for the maintenance of the off-site stormwater basin. 10) The applicant shall obtain any approvals necessary by Nininger Township in order to construct the off-site stormwater basin. 11) Further information on the functioning of the brook and equipment must be provided to the City's consultant engineer for review and approval. 12) The homeowner association shall be fully responsible for the care and upkeep of the brook and pumping equipment and to ensure that the system continues to meet storm water drainage requirements in the future. The city shall not be responsible for the maintenance and upkeep of the brook and equipment. 13) All buildings consisting of three or more units will be subject to Site Plan by the Planning Commission and City Council prior to construction 14) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 15) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. 16) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 17) All private roads constructed to city specifications. 18) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 19) Preliminary Plat approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Upon vote taken: Ayes: 6, Nays: 1, Twedt dissenting. Motion passed. qll) 9 Commissioner Hollenbeck moved to recommend approval of the site plan with the conditions in the Staff report, and Commissioner Alongi seconded the motion. Commissioner Alongi questioned condition #5 for the Site Plan approval. Director Hinzman stated that the wording give Staff flexibility. Commissioner Schmitt stated that he would prefer to see the site plan come back before the Commission for review. Commissioner Hollenbeck rescinded her motion, and Commissioner Alongi concurred. Commissioner Twedt asked if the site plan was tabled, would the plat move forward. Director Hinzman stated that the plat was out of the Commission's hands, but the scheduling of both actions may dictate that the plat waits for the site plan to move forward to Council. Mr. Anfang stated that he would prefer that both items are heard before City Council at the same time, and would thus wait for the site plan recommendation from the Commission before taking both items to the Council. Planning Commission Action Commissioner Schmitt moved and Commissioner Truax seconded the motion to table the site plan review of the Centex Homes project to the September 27th meeting. Upon vote taken: Ayes: 7, Nays: O. Motion passed. OTHER ACTIONS 5. Tom Rezac - Variance #2004-48 - Expansion of a Non-Conforming Use - 2121 Glendale Road. Planner Jenson presented background information on the request. Commissioner Twedt asked what was the current use of the building. Mr. Rezac stated that it was used for storage and dog kennels. Director Hinzman stated that the applicant isn't looking for any intensification of the site. Commissioner Twedt asked for clarification as to why the variance is needed. Planner Jenson responded that due to the fact that the lot does not meet the minimum size requirements of the Agriculture district, a building permit cannot be issued without a variance. pc j11;/)v1/t) - q/d.7/0<-( Hastings Planning Commission September 27, 2004 Regular Meeting 7:00 pm Chairman Greil called the meeting to order at 7:01 pm. 1. Roll Call Commissioners Present: Alongi, Greil, Hollenbeck, McInnis, Schmitt, Truax, Twedt Commissioners Absent: None Staff Present: Planning Director John Hinzman, HRA Director, John Grossman 2. Approve September 13, 2004 Planning Commission Meeting Motion by Commissioner Truax, seconded by Hollenbeck to approve the minutes of the September 13, 2004 Planning Commission as presented by staff. Motion passed unanimously. OTHER ACTIONS 3. Centex Homes - Site Plan #2004-20, Continued - Construction of 114 Townhome Units - NW of 13th 8t & Tierney Drive. Planning Director Hinzman presented background information on the request including a color rendering of the proposed building elevations. Chairman Greil acknowledged receipt of a letter from neighboring residents opposed to the Centex-Vitt development. Commissioner Truax stated more needed to be done to break up the shape of the buildings; e.g. something over the windows, brick on the bottom elevations. He did not think much progress was made since the project was tabled at the last meeting. Matthew Anfang, Centex Homes stated brick could be added to the bottom rear elevations as previously shown and different shades of siding could be used. Commissioner Schmitt asked how far the building bumpout extended. Mr. Anfang responded approximately two feet. 2 Commissioner Twedt was not sure adequate progress has been made on the architectural elevations, stating the standards are ambiguous. Landscaping issues have not been addressed. He stated the development is similar to the Site Plan recently denied by Lawrence in its effect on traffic, economic fit, and landscaping. Drainage of the property and surrounding properties still appears to be unresolved. Brian Johnson, Westwood Professional Services - Project Engineer - Explained the drainage patterns in the area. He stated the Centex project would not block drainage for the adjoining single family homes. The Centex property will drain to ponds on their own property. Commissioner Truax asked how will drainage be altered by this development; will it improve the situation of the existing single family homes? Mr. Johnson stated the project will not be adding any further runoff to the adjoining properties to the South. Commissioner Alongi stated he did not agree that the project was similar to the Lawrence Condos project. The site has more points of access, it is two stories not three, garages are configured differently, and the location is different. Commissioner McInnis agreed that the project differed from the Lawrence Condominium project; however the project has changed from the original concept of luxury condominiums. He favored tabling the item. Commissioner Alongi asked for clarification on the changes to the units. Director Hinzman explained the unit type has changed from the original concept, but that the density remains the same. Mr. Anfang stated the units were made smaller to accommodate ponding issues. Chairman Greil stated the Planning Commission is charged with enforcing the Comprehensive plan and development ordinances. He further stated the proposal is consistent with other development throughout the city and has been long planned as a multi family development. The Commission must evaluate the proposal on its conformance with the Comprehensive Plan, Zoning Ordinance, and landscaping. Commissioner McInnis stated we need to take better control of development. Maybe architectural controls need to be better. Planning Commission Action: Commissioner Alongi moved and Commissioner Schmitt seconded the motion to recommend approval the Site Plan for Centex Homes, to the City Council, with the following conditions. 3 1) Approval of the property rezoning from A - Agriculture to R-3\PRD - Medium High Density Residence - Planned Residential Development. 2) Approval of the Preliminary Plat and adherence to conditions of approval for the Preliminary Plat. 3) Buildings must incorporate differing colors, siding and accent materials to avoid replication of the same unit style and appearance. 4) Submission of an electronic copy of all plan sets (TIP, PDF, or similar format) prior to recording of the Final Plat mylars. 5) Site Plan approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Upon vote taken: Ayes: 4 (Alongi, Schmitt, Greil, Hollenbeck), Nays: 3 (Mcinnis, Twedt, Truax). Motion passed. 4. Sherman Associates - Concept Plan Review - Downtown Redevelopment of HRA Properties. Director Hinzman provided background on the downtown development process and introduced the Developer. Loren Brueggemann, Sherman and Associates and Jay Nelson, ESG Architects presented the concept plan to the Planning Commission. Chairman Greil asked for clarification of the esplanade location at the east end of the project. Mr. Nelson stated head-in parking along Block 1 could be eliminated to enlarge the esplanade on the east end. Commissioner Alongi asked for clarification on any link of this project to a downtown hotel. HRA Director John Grossman stated a hotel is not included in Sherman's proposal; however a private group is examining a hotel elsewhere in downtown through incorporation of the Gardner House. Commissioner Alongi stated a desire to create a destination point for downtown, does this project accomplish it? Mr. Brueggemann stated they are presenting a project that is financially feasible for TIF financing for the area. The market study stated downtown could support a restaurant and banquet facility, provided it served as a destination point. Any larger facilities (especially restaurants) would require much more parking. 9/27/2004 We are opposed to the Centex-Vitt development and plat as currently proposed based on the following reasons: · On 12-15-03 when the city council approved the annexation of the property it was to be for luxury town homes selling for 250k and above. The row homes will start at 170k and are intended for fist time homeowners. This is not compatible to the single family homes immediately adjacent which are currently selling for up to 400k.and we are concerned about the values of our homes. · The density allowed on the lots adjoining our properties is too high. For example the lot on the south west comer of 13th and Tierney exceeds the density allowed under R-3. We are opposed clustering the higher density on any of the Vitt lots that are immediately adjacent to R-l zoning. · These mammoth buildings are to close to our property lines. Setbacks as close as 30 feet which could be even closer when optional four season rooms are built. Take a look at your ordinance for rear set backs on multi unit senior citizen buildings when they abut R-1 zoning. Each building appears to be about 150' in length which is probably fairly comparable to some senior living complexes. The main difference here is these units will also have children. No kids play area is proposed for the entire 14 acres leaving the rear yards as the only safe place for young kids to play. With set backs Of 30 to 40 feet this will have a negative impact on the single family homes with noise levels and activity substantially increased over that of other types of housing units. · The drainage easement that is at the rear of the R-1 single family homes creates a hardship on the R-1 abutting homes from satisfactorily fencing or buffering the R- 3 zoning. We are restricted on our fencing, landscaping and planting options. · Drainage is another problem to be reviewed as over Labor day weekend the quick hard rainfall we had created ponding on the yards from the storm drain by Tierney all the way to the edge of 1844. The proposed drainage from the Vitt property to the existing storm drain appears to increase as proposed. · A comparison to another Centex project Bloomfield in Rosemount also indicates that the developer is not treating this project as the same when they develop their own multi density project. At Bloomfield their single family homes (Upper 200k price range) are buffered from smaller multi family (3 unit buildings called Vineyards) by streets trees and large set backs, these units sell for the mid 200's when they have basements. Then past the Vineyard units we get to the Row houses with the much the same pricing as the ones proposed in Hastings. In conclusion, the Row homes adjacent to the R-1 single family homes are bad planning. The price differential to the single family homes are too great being only about 50% of the single family homes, set backs are to close and bearming, planting and fencing are inadequate to control noise and the close proximity to R-l homes. Various options exist to solve these problems so every party wins not just Centex . From our perspective breaking up the proposed buildings on the lots adjoining R-1 into two to three units per idvcl ?P.7!C<j qf- fC//ffj - building with a much high price such as originally was discussed when Hastings annexed the property (250K) and up increasing rear set backs, doing some bearming, fencing, and additional trees and plantings are required at a minimum before this project meets approval. The density of the lots adjoining the single family homes should be at a maximum of 6 units per acre. Thank you for your consideration. Feel free to walk through our property without notice if you want to see our concerns first hand. /r5r 1'1111 ~ ~ .V4/2ll v4 1V: 2l .i:'.'U. ltLL23.l3UJ.3ti 04/27/04 09:14 F.~ 9529367839 NET LEASE/WH 1NV CENTEX HOMES I4J 002 141002 LAND USE APPLlCATION CITY OF HASTINGS ,- PLANNING DE? ARTMENT 101 4th Street East. Hastings, MN 55033 Phone: 651.480..2350 Fax: 651.437.7082 Address at P,roperty. ,;e.I I A Legal Description of Property: That p.rt of NW Quarter oftha Southerast Quarter of Section 30 I Township 115, Flange 17 Dakota County, MN . accordIng to Goveinment survey thereof, whicf1 ITes south of ~ line desoribed as: Commencing at the Northeast comer ot the North Half of said Southeast Quarter; thence south ~!ong the East line thereof 153.90 feet to the South Right-of-Way Rne of TH No.55; thence oontinulng ,Souin along said east line 603.00 feet to the point of beginning at the line to be described; thence deflecting 90 degrees 00 minutes 00 seconds right 2135.22. feet to the West line of said Northwest Quarter and there terminating. Applicant Name Centex Homes Address 12400 W/1ltE1wa1er Drive, Suite 120 Milloetonka, MN 55343 Phone 952-968-8235 Fax 952~36-7a.39 Smail mrantana@centeXhames.com Owner (If different from Appllca,nt): Name Hastings Land LLC Address Capita.l Property Investments LLC c/o Capital Real Estate, INC Fifty South Sixth Street, Suite 1480 Minneapolis. MN 55402 Phone 612--S13-2500 Fax 612-313-01 (36 EmElil Description of Request (include site plan, survey, and/or plat II applicable): Rezone, Site Plan and Preliminary Plat Check appUcable box(es): Note: All fees and escrow amounts due at time of application. 500 Final Plat MinQr Sub. Rezone Spec. Use Variance Annexation EAW Pnalim Plat 500 6000 500 SIte Plan 4000 TOTAL.: $600 ~ $500 ~900 $500 $250 $500 piLls legal expenses $500 plus $1000 sliCrow. $500 plus escrow: ~ Under 10 acres: $3000 ($500 Planning + $2500 Etlgineerlng) - Over 10 acres: $6000 ($1000 Planning + $6000 Engineering) $SOO plus e"crow: - a - 5,000 3.t..; $15QO (Engineering) . 5.000 . 10,000 s.f.: $2500,($500 Planning + $2000 Engineering) - 1Q.000 A 50,000 s.f.; $3250 ($750 Planning + $2500 E:ngineering) - 50,000 s..t. +: $4000 ($1000 Planning + $3000 Erlgineering) $ 1 'o5OD ~dmini$1ratlve Lot Split Camp Plan Amendment Hous~ Move Lot Line Adjustment VacatB ROW/Easemen1 $50 $500 $500 $50 $400 Centex Homes - MN; Matt Anfang Land Project Planner Official Usa ~O!1ly File # r~~ - '--0 Fee Paid <PI I. . GD , of Owner Date )- ~ Owner Name - Please Print Hastings Land LLC, James F. Vitt Rao'd By: ~ Receipt #: 18"i 4/ :Yt 412312003 Date Aec'd App. CompJete VIII-C-1 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator September 30, 2004 Resolution of Support for Incorporation of Denmark Township RECOMMENDED CITY COUNCIL ACTION Staff would recommend that the City Council take action approving the enclosed Resolution offering support to the efforts of Denmark Township to incorporate into a City. BACKGROUND The City Council will note from the attached letter from the Denmark Township attorney, that letters of support for are being sought, for their efforts to incorporate into a City. Also attached to the letter was a draft Resolution for consideration. I have modified the Resolution that is before the City Council, which as you will see closely resembles a copy of one adopted by the City of Cottage Grove. While there is no known objection to the proposed incorporation, several of the items in the requested Resolution have been eliminated from the proposed incorporation, as the City need not make subjective judgements about the value of boundary preservation and what is the best interest of citizens; Nor does the Resolution need to include a provision that specifically "requests" the Department of Administration to approve the petition for incorporation. Adoption of the Resolution simply reflects the City's support for the incorporation. Resolution # Resolution of the City Council of the City of Hastings Supporting the Incorporation of the Boundaries Of Denmark Township Whereas, Denmark Township is an urban Township within the seven County Metropolitan Area; and Whereas, The City of Hastings' northern boundary abuts the Mississippi River, and small portion of the City of Hastings lies north of the Mississippi River, and therefore abuts the southern boundary of Denmark Township; Whereas, The City of Hastings and Denmark Township are located within the same geographic neighborhood; and Whereas, The City of Hastings has no plans to annex property from Denmark Township, nor does it intend to pursue efforts to consolidate the two, into one City; and NOW, THEREFORE BE IT RESOLVED, that the City of Hastings hereby adopts this resolution supporting Denmark Township's Petition to incorporate its boundaries into the City of Denmark. Adopted by the City Council of the City of Hastings, this 4th Day of October, 2004 Ayes: Nays: Michael D. Werner Mayor Melanie Mesko Lee City Clerk -seal- 'KE\lIN K. SHOEBERG, P.A. ATTORNEY AT LAW August 17, 2004 ] 805 Woodlane Drive Woodbury, Minnesota 55125 Telephone: 651.735.9340 Fax: 651.735.6746 E-mail: kkspa@aol.com Mr. Dave Osberg City Administrator CITY OF HASTINGS 101 East Fourth Street Hastings, MN 55033 RE: Resolution of Support for Incorporation of Denmark Township Dear Dave: This letter will follow up our telephone conversation quite some time ago wherein I advised you that the Town of Denmark has decided to seek to incorporate the boundaries ofthe Township. As a result, we are requesting resolutions of support from the neighboring communities. In addition to the City of Hastings we have requested resolutions from the City of Woodbury, City of Cottage Grove and the City of Afton. Once we receive resolutions from the Cities we will be requesting a resolution from Washington County. As you requested please find a proposed Resolution which I would request that you review. If it meets with your approval I would appreciate if you could add it to your agenda for City Council approval. If you have any questions or you would like someone to attend your council meeting please let me know. Thank you for your anticipated cooperation and courtesy in this matter. I look forward to hearing from you. Very truly yours, /J J} /;i/~ tf Kevin K. Shoeberg ENCLOSURES ~$:/~0<~Y./ RESOLUTION 2004- CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION SUPPORTING THE INCORPORATION OF THE BOUNDARIES OF DENMARK TOWNSHIP WHEREAS, Denmark Township is an urban Township within the seven county metro area; and WHEREAS, the City of Hasting's northern boundary abuts the Mississippi River and a small portion of Hastings lies north of the Mississippi River and therefore abuts the southern boundary of Denmark Township; and WHEREAS, the City of Hastings and Denmark Township are located within the same geographic neighborhood; and WHEREAS, Denmark Township has formally requested a resolution from the City of Hastings supporting the incorporation ofthe boundary of Denmark Township into the City of Denmark; and WHEREAS, the City of Hastings has no plans to annex property from Denmark Township nor does it believe that the two communities could beneficially be consolidated into one city; and WHEREAS, it is in the best interests of communities to be able to preserve their boundaries in order to efficiently plan and provide for the best interests of the residents oftheir community. NOW, THEREFORE, BE IT RESOLVED that the City of Hastings hereby adopts this resolution supporting Denmark Township's Petition to incorporate its boundaries into the City of Denmark. The City of Hastings hereby requests that the Department of Administration grant the Petition ofD~nmark TcvtTIship to incorporate their bounqaries allowing them to become a City. WHEREUPON, a vote, being taken upon a motion by and seconded by , the following members voted in favor: and the following voted against: Adopted by the City Council of Hastings this _ day of ,2004. Michael Werner, Mayor ATTEST: Dave Osberg, City Administrator 2 S E p, - 2 2' 0 4 (WE 0 I 1 5 : 4 7 CITY OF COTTAGE GROVE TEL:612 458 2897 p, 002 RESOLUTION NO. 04.XXX RESOLUTION SUPPORTING THE INCORPORATION OF THE BOUNDARIES OF DENMARK TOWNSHIP WHEREAS. Denmark Township is an urban Township within the seven county metro area; and WHEREAS, the City of Cottage Grove's Eastern boundary abuts the western boundary of Denmark Township; and WHEREAS. the City of Cottage Grove and Denmark Township are located within the same geographic neighborhood; and WHEREAS, the City of Cottage Grove and Denmark Township also participate in the Lower St. Croix Water Management Organization; and WHEREAS, the City of Cottage Grove has no plans to annex property from Denmark Township; NOW, THEREFORE. BE IT RESOLVED that the City of Cottage Grove hereby adopts this resolution supporting Denmark Township's Petition to '-"" incorporate its boundarie5 into the City of Denmark. Passed this 1 st day of September 2004. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk