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Home My WebLink About03-03-03CITY OF HASTINGS COUNCIL MEETING 7:00 P.M. DATE: Monday March 3, 2003 I. CALL TO ORDER: I1. ROLL CALL: II1. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on February 18, 2003 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Resolution--Support of Point Douglas Trail 3. First Reading/Schedule Public Hearing--Vacation of Right-of-Way: Portion of 21st Street East adjacent to 2007 Vermillion Street (Jeff Langenfeld) 4. Request to Assess Water Service Repair 5. Resolution--Final Pay Estimate: Lock & Dam Access Road & Riverfront Trail (Hoist Construction): $12,815.29 6. General Sieben Drive Easement Release 7. Pay Estimate: City Council Chambers AV System (Alpha Video): $128,828.00 8. Approve Position Description--HEO/Mechanic 9. Request for Budget Adjustment--Fire Department 10. Resolution--Approve Raffle for Hastings Track & Field on March 29, 2003 VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award Bid--General Sieben Drive Extension 2. Public Hearing--Rezoning R-1 & R-2 to O-1: SW Corner of Pine Street and Highway 55 (Siewert Construction)- Mississippi Office Park 3. Public Hearing--Amend Business Subsidy Criteria VIII. REPORTS FROM CITY STAFF: A. Public Works IX. X. Xl. XlI, XlII. Planning 1. Resolution-- Rezoning R-1 & R-2 to O-1: SW Corner of Pine Street and Highway 55 (Siewert Construction)-Mississippi Office Park 2. Resolution--Amend Business Subsidy Criteria 3. Resolution--Site Plan: Jon Bogart (Arby's Restaurant)-1702 Market Boulevard Administration 1. LeDuc Mansion Transfer Agreement Discussion COMMENTS FROM AUDIENCE: UNFINISHED BUSINESS: NEW BUSINESS: REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: ADJOURNMENT: Next Regular City Council Meeting on Monday, March 17, 2003 CITY OF HAgTI~O~ COUNCIL MEETING 7:00 P.M. DATE: Monday March 3, 2003 I. CALL TO ORDER: II. ROLL CALL: II1. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on February 18, 2003 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Resolution--Support of Point Douglas Trail 3. First Reading/Schedule Public Hearing--Vacation of Right-of-Way: Portion of 21st Street East adjacent to 2007 Vermillion Street (Jeff Langenfeld) 4. Request to Assess Water Service Repair 5. Resolution--Final Pay Estimate: Lock & Dam Access Road & Riverfront Trail (Hoist Construction): $12,815.29 6. General Sieben Drive Easement Release 7. Pay Estimate: City Council Chambei's AV System (Alpha Video): $128,828.00 8. Approve Position Description--HEO/Mechanic 9. Request for Budget Adjustment--Fire Department 10. Resolution--Approve Raffle for Hastings Track & Field on March 29, 2003 VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award Bid--General Sieben Drive Extension 2. Public HearingmRezoning R-1 & R-2 to O-1: SW Corner of Pine Street and Highway 55 (Siewert Construction)- Mississippi Office Park 3. Public Hearing--Amend Business Subsidy Criteria VIII. REPORTS FROM CITYSTAFF: A. Public Works IX. X. Xl. XlI. Xlll. Planning 1. Resolution-- Rezoning R-1 & R~2 to O-1: SW Corner of Pine Street and Highway 55 (Siewert Construction)-Mississippi Office Park 2. Resolution--Amend Business Subsidy Criteria 3. Resolution--Site Plan: Jon Bogart (Arby's Restaurant)-1702 Market Boulevard Administration 1. LeDuc Mansion Transfer Agreement Discussion COMMENTS FROM AUDIENCE: UNFINISHED BUSINESS: NEW BUSINESS: REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: ADJOURNMENT: Next Regular City Council Meeting on Monday, March 17, 2003 City Council Minutes Hastings, Minnesota February 18, 2003 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, February 18, 2003 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members Present: Councilmembers Hazlet, Hicks, Moratzka, Schultz, and Yandrasits Members Absent: Mayor Werner and Councilmember Riveness Staff Members Present: David Osberg, City Administrator; Shawn Moynihan, City Attorney; Melanie Mesko Lee, Administrative Assistant/City Clerk; John Hinzman, Planning Director; John Grossman, HRA Director Tom Montgomery, Public Works Director Marty McNamara, Parks & Recreation Director Approval of Minutes Acting Mayor Hicks asked if there were any corrections or additions to the minutes of the regular meeting of February 3, 2003. Hearing none, the minutes were approved as presented. Youth Recycling Presentation: Hastings Gymnastics Club Parks & Recreation Director McNamara & Randy Triplett of Waste Management presented the HGC with a check for $416.85 for the months of November through January. The Hastings Town & County 4H Club will be in charge of the recycling for February through April. Triplett also presented a check in the amount of $4,092.60 for the 4th quarter recycling rebate. Triplett said that single sort recycling has increased the amount of recycling in Hastings. Consent Agenda Councilmember Schultz requested that Item #7--Approve 2003 49'ers Union Contract be moved for discussion under City Administrator. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to approve the Consent Agenda as amended. 5 Ayes; Nays, None. 2. 3. 4. Pay Bills As Audited ResolutionwApprove Renewal of Premises Permit Application: Eagles Resolution--Approve Renewal of Bottle Club License: Knights of Columbus First Reading/Schedule Public HearingwRezoning R-1 & R-2 to O-1: SW Corner of Pine Street and Highway 55 (Siewert Construction) Minutes of the Regular Meeting of February 18, 2003 Page 2 of 3 5. Pay Estimate #3--Pember Excavating: Louis Lane Ponding Basin Trail ($2,757.89) 6. Order Public Hearing on Amendment to Business Subsidy Criteria 7. Approve 2003 49'ers Union Contract--moved to Administrator Copy of resolutions on file. Public Hearing--Vacate Right-of-Way and Easement: Dakota Summit Acting Mayor Hicks opened the public hearing at 7:08 p.m. Planning Director Hinzman provided a brief summary of the proposed vacation. Hearing no further comments, Acting Mayor Hicks closed the public hearing at 7:09 p.m. Resolution-- Right-of-Way and Easement: Dakota Summit Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the vacation request as presented. 5 Ayes; Nays, none. Copy of resolution on file. · · · · · Moved by Councilmember Moratzka, approve the resolution as presented. 5 Ayes; Nays, none. Copy of resolution on file. Resolution--Water and Wastewater Rate Review & Connection Fees Increase Public Works Director Montgomery recommended the following fees for 2003: Water: No change Wastewater: increase to $2.35/1,000 gallons WAC: increase to $1,205 SAC: increase to $640 Interceptor Sewer: increase to $325 seconded by Councilmember Hazlet to Purchase Option--City Hall Vehicle Lease Public Works Director Montgomery outlined three possible options for the 2000 Jeep Cherokee, whose lease ended in January: · Purchase the vehicle at a cost of $14,930; · Return Vehicle and Lease Replacement Vehicle in May at a cost of approximately $5,000 for 2003; · Return Vehicle & Reimburse Mileage for Use of Personal Vehicles Montgomery recommended Option 2, entering into a lease this spring, when the need for a vehicle during construction season arises. Moved by Councilmember Yandrasits, seconded by Councilmember Schultz, to approve option #2 as recommended by staff. 5 Ayes; Nays, none. Minutes of the Regular Meeting of February 18, 2003 Page 3 of 3 ResolutionMRequesting Legislation to Increase Number of On-Sale Liquor Licenses Mesko Lee requested approval of a resolution requesting legislation to increase the number of on-sale liquor licenses by three. If approved, the information would be forwarded to the City's legislative representatives to prepare into a bill. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the resolution as presented, with the Administrative Committee of the Council to review both future requests for increases as well as the process for issuing licenses. 5 Ayes; Nays, none. Copy of resolution on file. Approve 2003 49'ers Union Contract Councilmember Schultz asked how this approval may be impacted by the state's proposal to freeze public employees' salaries. City Administrator Osberg stated that is unknown at this time. Moved by Councilmember Hazlet, seconded by Councilmember Moratzka to approve the contract as presented. 5 Ayes; Nays, none. Copy of resolution on file. New Business: The Council discussed Governor Pawlenty's recently released budget proposal. The City of Hastings will be impacted by a reduction in state aid, a reformulation of the Local Government Aid calculation, extension of levy limits, and a proposal for reverse referendum. Adjournment Moved by Councilmember Hazlet, adjourn the meeting at 7:34 p.m. 5 Ayes; Nays, None. seconded by Councilmember Yandrasits to Acting Mayor ATTEST City Clerk Date: 02/27/2003 Time: 12:33:32 Operator: BECKY KLINE Page: CITY OF HASTINGS FM Entr'F - Invoice Pa~'ment - Department Report Department Vendor Name Description Amount DELTA DENTA3~ PLAN OF MARCH PREMIUM 1,857.05 Total for Department 000 1,857.05' ADMINISTRATION BOISE CASCADE OFFICE OFFICE. SUPPLIES 425.72 ADMINISTRATION BOISE CASCADE OFFICE STAMPS / PENS 11.35 ADMINISTRATION FARMER BROS CO. COFFEE 23.92 ADMINISTRATION OSBERG, DAVID M. MAYOR/ MGR BREAKFAST 9.48 Total for Department 105 470.47* CI~"f CLERK ALLINA MEDICAL CLINI RANDOM DRUG / BAT TESTS 120.00 CITY CLERK CORNER F~R/{ING CO. NOTARY STAMP 19.17 CI~"f CLERK ~ASTINGS STAR GAZETT AD BIDS/ GEN'L SIEBEN EX 133.20 CI%~Y CLERK ~ASTINGS STAR GAZETT ORD 481 120.00 CITY CLERK HASTINGS STAR GAZET'f OR/) 482 256.00 CITY CLERK LABORATORY CORPORATI RANDOM DRUG SCREENS 110.25 CI~ CLERK M.A.U.M.A. MN ASSOC MEMBERSHIP DUES 30.00 CITY CLERK MESKO LEE, MELANIE EXPENSE REIMB~/RSEMENT 85.98 CI~"f CLERK NAT'L PUBLIC EMPLOYE PUBLICATIONS 127.00 Total for Department 107 1,001.60' FINANCE FINANCE ~NANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE GOV'T ACCT.STANDARD GASB SUBSCRIPTION RENEWA KERN, DeWENTER, VIER INTERIM BILLING/ 2002 AU Total for Department 120 DAKOTA COUNTY TREAS- DAKOTA CO FUEL JAN CHGS JAYTECH, INC. BOILER CHEMICALS/ TEST K ORKIN PEST CONTROL FEB SERVICE SDS INC. SNOW REMOVAL/SALT XCEL ENERGY MONTHLY ELECTRICITY Total for Department 140 180.00 2,000.00 2,180.00' 13.01 254.00 87.79 600.00 1,989.84 2,944.64* POLICE BOISE CASCADE OFFICE POLICE DAKOTA COUNTY TREAS- POLICE GALLAND JAMES POLICE GALLAND JAMES POLICE LADEN'S BUSINESS MAC POLICE NEXTEL COMMUNICATION POLICE REIS,INC POLICE RGNONTI, JAF~S POLICE STREICHER'S POLICE TREADWAY GRAPHICS POLICE WAL~L~RT COMS~3NITY BR POLICE WALMART COMb~JNI~f BR POLICE INK CART/ENVELOPES/PENS/ 81.70 DAKOTA CO FUEL JAN CHGS 1,660.71 REIMBURSE/SAFE & SOBER A 395.77 UNIFORM ALLOW/ BODY ARMO 130.23 SERVICE CONT-SHREDDER 150.00 CELL PHONE 797.94 CLEANING PRODUCTS 26.90 UNIFORM ALLOW REIMBURSE 173.77 AM~K/NITION 2,123.61 DARE PROMOTIONAL ITEMS 42.60 KEY 4.13 RETURN DVD/ SUPPLIES -29.50 34.20 5,592.06* WA/~MART COMMUNITY BR SUPPLIES Total for Department 201 BUILDING AND INSPECT DAKOTA COUlfrY TREAS- BUILDING AND INSPECT JONES MARS~A BUILDING AND INSPECT MN BUILDING PERMIT T BUILDING ~ INSPECT S & T OFFICE PRODUCT BUILDING AND INSPECT WALMART COMMUNITY BR DAKOTA CO FUEL JAN CEGS 70.56 MILEAGE HOUSING COMMITTE 15.12 TOENJES/ SPRING SEMINAR 30.00 SHREDDER / CORD/ CARDS 79.29 CAMERA BATTERIES 60.51 Date: 02/27/2003 Time: 12:33:32 Operator: BECKY KLINE Page: CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ............................................................................ Total for Department 230 255.48* PUBLIC WORKS ANDERSEN, E.F. & ASS SIGNS 88.44 PUBLIC WORKS BDM CONSULTING ENGIN CENT SO 2ND 128.00 PUBLIC WORKS BDM CONSULTING ENGIN CENTERPOINT 180.00 PUBLIC WORKS BDM CONSULTING ENGIN CENT//RY SOUTH 1,356.00 PUBLIC WORKS BDM CONSULTING ENGIN HASTINGS SCHOOL DISTRICT 72.00 PUBLIC WORKS BDM CONSULTING ENGIN MKT PLC WEST 1,900.00 PUBLIC WORKS BDM CONSULTING ENGIN RIVERDALE 36.00 PUBLIC WORKS BDM CONSULTING ENGIN HIVERWOOD 108.00 PUBLIC WORKS BDM CONSULTING ENGIN SCHOOL HOUSE SQUARE 144.00 PUBLIC WORKS BDM CONSULTING ENGIN SIEBENS CREST 728.00 PUBLIC WORKS BDM CONSULTING ENGIN SO PINES 4TH 2,175.00 PUBLIC WORKS BDM CONSULTING ENGIN SOUTH OAKS 1,836.00 PUBLIC WORKS BDM CONSULTING ENGIN SOtFfH PINES 1,500.00 PUBLIC WORKS BDM CONSULTING ENGIN SPRINT 108.00 PUBLIC WORKS BDM CONSULTING ENGIN THREE RIVERS MHP 72.00 PUBLIC WORKS BDM CONSULTING ENGIN WALIN WEST 3,000.00 PUBLIC WORKS BDM CONSULTING ENGIN WALLIN 10TH 1,956.00 PUBLIC WORKS BDM CONSULTING ENGIN WALLIN WEST 1,260.00 PUBLIC WORKS BDM CONSULTING ENGIN WALMART 596.00 PUBLIC WORKS BDM CONSULTING ENGIN WESTVIEW COMMONS 682.00 PUBLIC WORKS BDM CONSULTING ENGIN XCEL 120.00 PUBLIC WORKS BOLTON & MENK INC FINAL GRADE VERIFICATION 800.00 PUBLIC WORKS BOYER FOP/) TRUCKS BRAKE PARTS / CORE DEPOS 211.16 PUBLIC WORKS BOYER FORD TRUCKS CORE CI~EDIT -61.34 PUBLIC WORKS CEMSTONE PRODUCTS CO SILICA SAND 18.28 PUBLIC WORKS CRYSTEEL TRUCK EQUIP SWITCH 13.59 PUBLIC WORKS DAKOTA COD-NTY TREAS- DAKOTA CO FUEL JAN CHGS 1,388.66 PUBLIC WORKS DAKOTA COUNTY SOIL/W HIDDEN LANE 150.00 PUBLIC WORKS DAKOTA COUNTY SOIL/W MISSISSIPPI OFFICE PARK 150.00 PUBLIC WORKS DAKOTA COUNTY SOIL/W WALLIN PROPERTY 234.00 PUBLIC WORKS FORCE AMERICA BOLT / COUPLINGS 208.59 PUBLIC WORKS GRAYBAR ELECTRIC WIRE STRIPPER 17.43 PUBLIC WORKS HOSE/CONVEYORS INC. HOSE END 11.14 PUBLIC WORKS HOSE/CON~-EYORS INC. HOSE END/ LABOR 26.05 PUBLIC WORKS J-CRAFT INC PIN 16.87 PUBLIC WORKS MACQUBEN EQUIPMENT, WATER FILTER 89.39 PUBLIC WORKS MN DEPT OF TRANSPORT MNDOT MANUALS 47.39 PUBLIC WORKS NEXTEL COMMUNICATION WIRELESS CHARGES 493.37 PUBLIC WORKS PRAXAIR DISTRIBUTION WHEEL GRINDERS / DISCS/ 136.78 PUBLIC WORKS RADKE ELECTRIC REPAIR LABOR 125.00 PUBLIC WORKS REIS,INC BOLTS .54 PUBLIC WORKS REIS,INC BOLTS / SAW BLADES 6.41 PUBLIC WORKS RIX) EQUIPMENT / POWE BELT SET 27.29 PUBLIC WORKS RUEDY, CALVIN MEETING MEAL 9.00 PUBLIC WORKS SDS INC. SNOW REMOVAL/SALT 780.00 PUBLIC WORKS WALMART COMMUNITY BR CAR WAX 10.59 PUBLIC WORKS WALMART CON~rGNITY BR USB PRINTER CABLES 67.74 PUBLIC WORKS XCEL ENERGY MON~7{LY ELECTRICITY 13,372.57 Date: 02/27/2003 Time: 12:33:32 Operator: BECKY KLINE Page: CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Department 300 36,395.94* Total for Fund 101 50,697.24* PARKS AND RECREATION MN DEPT/LABOR & INDU BOILER REGISTRATION PERM 10.00 PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE 241.92 PARKS AND RECREATION UNIVERSITY OF MINNES CERNOHOUS / SHADE TREE 125.00 PARKS AND RECREATION UNIVERSITY OF MINNES SMITH / SHADE TREE 125.00 PARKS AND RECREATION VIKING AUTOMATIC SPR SPRINKLER SYSTEM INSPECT 240.00 PARKS AND RECREATION WALMART CO~JNITY BR SUPPLIES 32.48 PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY 2,639.45 Total for Department 401 3,413.85' Total for Fund 200 3,413.85' PARKS AND RECREATION XCEL ENERGY MONTHLY ELEC~RICITY Total for Department 401 145.54 145.54- Total for Fund 201 145.54' CABLE ALPHA VIDEO COUNCIL CHAMBERS AV SYST 128,828.00 Total for Department 420 128,828.00' Total for Fund 205 128,828.00- HERITAGE PRESERVATIO GRAPHIC DESIGN STAMP Total for Department 170 57.30 57.30* Total for Fund 210 57.30* FIRE DAKOTA CO~ TREAS- FIRE FAIR OFFICE WORLD FIRE METRO FIRE, INC. FIRE MOTOR PARTS SERVICE FIRE MOTOR PARTS SERVICE FIRE SELESKI, PAUL FIRE WALMART COMMUNITY BR FIRE WHITEWATER WIRELESS, FIRE XCEL ENERGY Total for DAKOTA CO FUEL JAN CHGS 577.45 OFFICE SUPPLIES 16.82 PARTS 1482 278.42 BLD2DES 19.94 DROP TANq( REPAIR PARTS 47.58 REIMBURSE PARTS FOR REPA 139.93 STATION SUPPLIES 45.21 REPAIR RADIO BASE 781.15 MONTHLY ELECTRICITY 732.56 Department 210 2,639.06* AMBULANCE DAKOTA COUNTY TREAS- AMBULANCE FOX AUGUST AMBULANCE JANSSEN ALFRED AMBULANCE REGINA MEDICAL CENTE AMBULANCE WALMART COMMUNITY BR AMBULANCE WALMART COMMUNITY BR AMBULANCE ZOLL MEDICAL CORP Total for DAKOTA CO FUEL JAN CHGS 207.09 REFUND OVERPAY CALL 2002 718.99 REFUND OVERPAY CALL 2003 675.20 AMB SUPPLIES 396.27 AMB SUPPLIES / SILICONE 11.31 DUFFLE BAGS 59.04 DEFIB SUPPLIES 89.48 Department 220 2,157.38. Date: 02/27/2003 Time: 12:33:33 Operator: BECKY KLINE Page: CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Fund 213 4,796.44* PUBLIC WORKS NOLST EXCAVATING INC FINA PAY EST #10 LOCK/DA 12,815.29 Total for Department 300 12,815,29' Total for Fund 400 12,815.29- HOUSING AND REDEVELO CHILL SERVICES LLC BOARD UP & SECURE 406/40 HOUSING AND REDEVELO SDS INC. SNOW REMOVAL/SALT Total for Department 500 3,000.00 720.00 3,720.00* EQUIPMENT REVOLVING Total for Fund 402 VEN'i"JRE SYSTEMS INC WIRING / PAGINS SYSTEM L Total for Department 800 3,720.00* 11,750.86 11,750.86- PUBLIC WORKS PUBLIC WORKS Total for Fund 403 BDM CONSULTING ENGIN 2002-9 GS DR EXT BRAUN INTERTEC GS DR EXT STORM SEWER PR Total for Department 300 11,750.86' 684.00 170.50 854.50* Total for Fund 492 854.50* PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BDM CONSULTING ENGIN GS DR EXT COPY EQUIPMENT INC. PLAN BAGS SEH ENGINEERS GLENDALE HEIGHTS Total for Department 300 1,296.00 34.93 1,442.48 2,773.41- Total for Fund 493 2,773.41. 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 CON-NELLY INDUSTRIAL DAKOTA COUNTY TREAS- ECOLAB PEST ELIM.DIV ELECTRO WATCHMAN, IN GLEWWE DOORS, INC. GRAPHIC DESIGN GRAPHIC DESIGN NEXTEL COMMUNICATION NORTHERN TOOL & EQUI SEH ENGINEERS SEH ENGINEERS SEH ENGINEERS WALMART COMMUNITY BR XCEL ENERGY ZGODA, JOHN Total for LABOR 665.64 DAKOTA CO FUEL JAN CHGS 477.18 PEST ELIMINATION 88.40 ARMING STATION/ SERVICE 384.18 INSTALL LOCKS 804.07 ENVELOPES 381.27 INSERTS 207.34 WIRELESS CHARGES 690.96 JACK 72.40 DATAVIEW PLUS 2,500.00 GIS PROJECTS 1,147.00 GIS SOFTWAR~ 118.68 SUPPLIES 43.22 MONTHLY ELECTRICITY 6,185.46 REIMBURSE LAPTOP P~EPAIR 139.97 Department 300 13,905.77. Total for Fund 600 13,905.77' Date: 02/27/2003 Time: 12:33:33 Operator: BECKY KLINE Page: CITY OF ~ASTING$ FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount PUBLIC WORKS XCEL ENERGY MON~4LY ELECTRICITY 675.62 Total for Department 300 675.62* Total for Fund 601 675.62* CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK ALLINA MEDICAL CLINI RANDOM DRUG TEST 30.00 CHOICEPOINT SERVICES RANDOM DRUG TESTING 120.00 DAKOTA COUNTY TREAS- DAKOTA CO FUEL JAN CHGS 1,081.49 DEERFIELD ADVERTISIN FRIESE/ JACKET 63.25 MOTOR PARTS SERVICE CLNR WAX 43.09 NINE EAGLES PROMOTIO 2003 UNIFORM-SOGGIORNO 240.00 Total for Department 107 1,577.83, Total for Fund 610 1,577.83- PARKS AND RECREATION FAIR OFFICE WORLD INK JETS 138.42 PARKS AND RECREATION MIDWEST COCA-COLA BT POP / WATER 233.00 PARKS A_ND RECREATION NEXTEL COM~K/NICATION CELL PHONE 130.67 PARKS AND RECREATION R & R SPECIALITIES, BLADE SHARP 70.50 PAPdfS AND RECREATION SUBURBAN EAST CONFER GAME ENTRANCE FEE 453.25 PARKS AND RECREATION THERMOGAS CO OF HAST 6 FILLS 89.46 PARKS AND RECREATION THERMOGAS CO OF HAST 7 FILLS 104.37 P~'~ AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY 10,652.51 Total for Department 401 11,872.18, Total for Fund 615 11,872.18' PUBLIC WORKS BRAUN PUMP & CONTROL PUMP RENTALS 5,271.75 PUBLIC WORKS COUNTRY INN & SUITES ALTEN~OFEN LODGING 432.48 PUBLIC WORKS COUNTRY INN & SUITES HARRIS LODGING 72.08 PUBLIC WORKS GLEWWE DOORS, INC. INSTALL LOCKS 15.98 PUBLIC WORKS LOVEGREEN TURBINE SE SHAFT SEAL LABOR 11,439.63 PUBLIC WORKS PORTABLE BABGE SERVI BARGE RENTAL / LABOR 46,874.00 PUBLIC WORKS SHERWIN-WILLIAMS PAINT / BRUSHES 280.63 PUBLIC WORKS TECHNICAL COATINGS I FINISHED COATING BLADE/S 3,000.00 PUBLIC WORKS XCEL ENERGY MONTHLY ELECTRICITY 7,396.07 Total for Department 300 74,782.62* Total for Fund 620 74,782.62* Grand Total 322,666.45* March 3, 2003 .b Finance Director Mayor Werner Memo To: City Council From: Becky Kline Finance Department Date: 02~25~2003 The attached Department Report itemizes vouchers that were paid on February 25, 2003. Thankyou. Date: 02/25/2003 Time: 09:22:18 Operator: BECKY KLINE Page: CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount REGINA MEDICAL CENTE FEB WELLNESS 98.53 Total for Department 000 98.53* COUNCIL AND MAYOR FILTERFRESH COFFEE / FILTER Total for Department 102 233.20 233.20* ADMINISTRATION ICMA MEMBERSHIP / OSBERG Total for Department 105 791.23 791.23' CITY CLERK GREG J HOMES REFUND OVERPAY LIQUOR LI Total for Department 107 1,950.00 1,950.00, FLUEGEL,MOYNIHAN,MIL COPY COSTS/ PROSECUTION 685.90 Total for Department 130 685.90* MAI~EN~CE MAI~EN~CE FILTRATION SYSTEMS I POLICE DEPTAIR FILTERS 363.02 P~EIS,INC SUPPLIES 14.78 Total for Department 140 377.80* PLANNING BOISE CASCADE OFFICE BINDERS/ COMPREHENSIVE P 328.96 Total for Department 150 328.96* M.I.S. M.I.S. EDP COMPUTER SYSTEMS TECH LABOR 87.95 VECTOR INTERNET SERV WEB SITE INTERNET SERVIC 34.95 Total for Department 160 122.90- POLICE POLICE POLICE POLICE POLICE POLICE POLICE GRAPHIC DESIGN NOWLAN / BUS CARDS 71.36 INSIGHT PUBLIC SECTO COMPUTER EQUIP 27.67 INSIGHT PUBLIC SECTO EQUIPMENT -161.07 KEEPRS ADDITIONAl/ UNIFORMS / R 6.60 REEPRS RISCE / UNIFORM ITEMS 49.74 TOP DOG INC. FEB ANIMAL CONTROL 1,350.00 TROPHIES PLUS PLAQUES / RESERVES 159.75 Total for Department 201 1,504.05- BUILDING AND INSPECT INDUSTRIAL HYGIENE S ACM PRE-DEMO INSPECTION Total for Department 230 1,205.69 1,205.69, PUBLIC WORKS CCP INDUSTRIES INC TOWELS 145.22 PUBLIC WORKS INTERSTATE DETROIT D SEAL ASSEMBLY 24.42 Total for Department 300 169.64' Total for Fund 101 7,467.90* PARKS AND RECREATION MN RECREATION /PARK AGENCY DUES 360.00 PARKS AND RECREATION MN RECREATION /PARK MCMAMARA DUES 152.00 PARKS AND RECREATION TOWER CLEANING SYSTE FEB CLEANING SERVICE 500.55 Total for Department 401 1,012.55- Total for Fund 200 1,012.55, Date: 02/25/2003 Time: 09:22:18 Operator: BECKY KLINE Page: CITY OF HA~TINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount PARKS AND RECREATION AMERICAN RED CROSS CPRAED SELF STUDY PARKS AND RECREATION MN RECREATION /PARK JOHNSON DUES PARKS AND RECREATION MN RECREATION /PARK PIRE DUES PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE Total for Department 401 45.00 138.00 124.00 47.99 354.99* Total for Fund 201 354.99* REGINA MEDICAL CENTE FEB WELLNESS Total for Department 000 300.00 300.00* FIRE AMERIPRIDE LINEN & A TOWELS FIRE CHRISTIANSON, MI~ PAPER SHREDDER FIRE DOERER'S GENUINE PAR BATTERIES 1480 FIRE FIRE INSTRUCTORS ASS MEMBERSEIP FIRE FIRE MARSHALLS ASSN CONFERENCE / SCHUTT FIRE MIDTOWN FOOD CENTER COFFEE FIRE MILLER ELECTRICAL I LIGHT BULBS FIRE NIEBUR OIL CO INC REPAIR BOAT MOTOR FIRE ORDERPOINT BOOKS CODE BOOKS FIRE REIS,INC BLADE S~L~RPENING FIRE REIS,INC SHOP SUPPLIES FIP~ RIVERTOWN EYE CLINIC SAFETY EYE GLASSES F~ TEREY'S ACE }{ARDWARE MOP / BUCKET FI~,_ TERRY'S ACE I4ARDWA/~E SHIPPING FIRE TERRY'S ACE HARDWARE VELCRO Total for Department 210 26.63 585.75 260.75 10.00 120.00 33.45 46.52 109.55 185.73 7.00 6.35 124.00 63.89 10.43 21.84 1,611.89, AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE EMERGENCY MEDICAL PR AMB SUPPLIES GRAFIX SHOPPE AMBULANCE LETTERING MOORE MEDICAL CORP. AMB SUPPLIES PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE AMB SUPPLIES Total for Department 220 71.80 254.50 1,320.00 175.54 7.51 1,829.35' Total for Fund 213 3,741.24- PARKS AND RECREATION DAKOTA COUN~"f SOIL/W WHEP WATER MONITORING Total for Department 401 3,080.00 3,080.00- Total for Fund 401 3,080.00* EQUIPMENT REVOLVING INSIGHT PUBLIC SECTO KVM CABLES EQUIPMENT REVOLVING VENTURE SYSTEMS INC WAN / ENGINEER SERVICE Total for Department 800 40.13 787.50 827.63* Total for Fund 403 827.63* PUBLIC WORKS PUBLIC WORKS MN POLLUTION CONTROL PERMIT FEE MN DEPARTMENT OF EEA PERMIT FEE 480.00 150.00 Date: 02/25/2003 Time: 09:22:19 Operator: BECKY KLINE Page: CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount PUBLIC WORKS MN DNR/ DIV LANDS & PERMIT FEE 40.00 Total for Department 300 670.00* Total for Fund 493 670.00* PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BARR ENGINEERING CO. WELL PROTECTION PROGRAM 472.00 BUMPER TO BUMPER FILTER KIT 23.42 BUMPER TO BUMPER GARDEN TRACTOR 31.94 BUMPER TO BUMPER PADS 64.93 ~OPHER STATE ONE-C_AL LOCATES 38.75 INSIGHT PUBLIC SECTO PRINTER 144.95 REGINA MEDICAL CENTE FEB WELLNESS 40.00 U.S. POSTMASTER CYCLE 2 BILLING 608.93 Total for Department 300 1,424.92' Total for Fund 600 1,424.92- PUBLIC WORKS PUBLIC WORKS OTTO EXCAVATING, INC REPAIR WATERMAIN REGINA MEDICAL CENTE FEB WELLNESS Total for Department 300 3,480.00 10.00 3,490.00* Total for Fund 601 3,490.00* PARKS AND RECREATION FARMER BROS CO. COFFEE / COCOA PARKS AND RECREATION MIDWEST COCA-COLA BT POP / WATER PARKS AND RECREATION REGINA MEDICAL CENTE FEB WELLNESS PARKS AND RECREATION SYSCO, MINNESOTA SUPPLIES Total for Department 401 194.16 297.75 31.47 274.73 798.11' Total for Fund 615 798.11' PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS COLT ELECTRIC INC. REPAIRS K.R. WEST CO. INC. GAUGES / EXTENDERS NORTH AMERICAN HYDRO ADAPTERS / MOUNTS NORTH AMERICAN HYDRO LABOR PORTABLE BARGE SERVI BOOM TRUCK RENTAL Total for Department 300 3,435.64 57.14 265.60 16,357.69 5,147.00 25,263.07* Total for Fund 620 25,263.07* Grand Total 48,130.41- lVlEMO TO: FROM: DATE: SUBJECT: M_~a~ Council Maft~cNamara February 20, 2003 Point Douglas Trail The Point Douglas Trail is a proposed paved trail that would connect Dakota County and Washington County in Minnesota and Pierce County in Wisconsin. The trail would follow an abandoned railroad grade that is currently being used as an unofficial commuter route between Hastings and Prescott (map attached). Representatives from Hastings, Prescott, and Denmark Township approached Washington County a year ago to express their desire to have the corridor become a trail. The trail's location is also identified as a trail search area in the 1996 Washington County Linear Park System Master Plan (map attached). Since the first meeting with local community representatives in late 2001, numerous other groups have expressed interest in the project. Some of these additional groups include Dakota County, Pierce County, the Trust for Public Land, the Minnesota DOT and the Wisconsin DOT. The Minnesota DOT has taken the largest role to date, by spending several months completing a feasibility study (attached). One citizen owns the majority of the abandoned rail corridor, with the rest being in public ownership. This citizen has expressed an interest in the corridor becoming a trail, and he has attended meetings and tours in regard to the project (photo of tour participants is attached). This project is a good candidate for federal funding, which is being made available through the reauthorization of the federal TEA-21 program, due to several factors. The trail connects to two US Highways, it replaces a hazardous bicycle/pedestrian transportation mute, and will also be a major 'hub' connecting to the PrescoWWisconsin Trail Systems, the Hastings/Dakota County Trail Systems, and future Washington County Trail Systems (map attached). In addition, the trail is a proposed 'priority' project in the National Park Services' MNRRA Corridor, will be in the Minnesota DOT's model plan issued in June of 2003, and will become part of the 10-state Mississippi River Trail (which will be a trail along the Mississippi River from Minnesota to Louisiana). Hastings is not committing to a 20°,4 match (or any match) by submitting this request. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 03 -03 RESOLUTION IN SUPPORT OF THE POINT DOUGLAS TRAIL WHEREAS, the Federal Government has funds available through the reauthorization of TEA-21, for projects which would improve surface transportation, and WHEREAS, the Point Douglas Trail is a good candidate project since it will connect three counties in two States, is a section of the (Minnesota to Louisiana) Mississippi River Trail, and will replace a hazardous bicycle/pedestrian transportation route between two cities (Hastings and Prescott), and WHEREAS, the Point Douglas Trail connects to Point Douglas County Park, and is in a trail 'search area' identified in the Washington County Linear Park System Master Plan, and WHEREAS, the majority of the Point Douglas Trail corridor is owned by one citizen, with the rest being in public ownership, and WHEREAS, there is strong interest from area communities for the corridor to become a trail, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Point Douglas Trail be submitted as High Priority Project during reauthorization of TEA-21, and ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 3m~ DAY OF MARCH 2003. Ayes: Nays: Absent: Melanie Mesko Lee Administrative Assistant/City Clerk Mayor (SEAL) J 5 10 N 15 Miles Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 3, 2003 Subject: 1st Reading\Order Public Hearing - Vacation of Right of Way and #2003-14 (21st Street East) - Jeff Langenfeld (Bumper to Bumper Auto Parts) REQUEST The City Council is asked to consider 1st Reading and order a public hearing to vacate a 1.5 foot; strip of right-of-way to eliminate the encroachment of an existing- building, and proposed additiOn. The public' hearing would be scheduled for the Monday, March 17, 2003 City Council Meeting upon approval of the City Council. BACKGROUND The existing Bumper to Bumper Auto Parts at 2007 Vermillion Street encroaches approximately 0.5 feet into the 21st Street right, of-way. The proposed addition is parallel to the existing and building and does not encroach any further into the right-of-way. An application for Site Plan Review for the addition would be considered upon second reading. ATTACH M E NTS · Location Map · Vacation Exhibit · Application mZ \ \ LAND USE APPLICATION CITY OF HAST~GS 101 4th Slreet East, Hastings, MN 55033 Phone (6~ 1)4.~7.41_ / Fax (651)427.7082 AddressofPropertylnvolved: .~_?.d~/ [,e~r/l,~t //t'r..3/? LegalDescriptionofPropertyl_nvolved: "~aOrJ ~ ~ ~/~i79~,'i/,b~,. o4: h'/) .¢- i / ,8i/C / dom- a/ Applicant: Name Address ///0o z~O~ o~*c- ~x 6',~ ,~ .st, /s ~ ~s-a,~3. Phone ~.6-/-'~/,~'7-- OZTo~'' Owner (If different from Applicant): Name Address . Official Use Only Date Rec'd File No. Fee Paid Rec'd by Ordinance Section Phone Request: , Special Use: Rezone: Subd/vigion: Comp Plazi Amend: Vacation: Site Plan: Other: Variance: x2~ TOTAL: Description of Request (include site plan, survey, and/or plat if applicable): /S~i~ture of App-~cant/ Date Signature of Owner Date MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery February 26, 2003 Enclosed is a letter from Jeff Langenfeld requesting the City to repair the abandoned water service line that used to serve the property at 1610 Vermillion St. where his Laundromat now stands and assess the costs against his property. Council has approved a number of these service line repair assessment requests in the past, requiring the property owner to sign an agreement waiving the right to appeal the assessment. Repair of the service line will involve excavating a the driveway to the Laundromat, removing the leaking section .and capping the water service line. Sometime this summer, the watermain will be 6xcavated and the service line connection disconnected from the watermain to !prevent future leaks. The watermain is located between the two northbound lanes of Hwy 61 and this repair will involve detailed planning and the active involvement of MnDOT maintenance crews. Council is requested to approve Mr. Langenfeld's request to assess the water service line repair against his property provided he first signs a waiver of assessment appeal. CITY OF th~rlNG$ February 25, 2003 Tom Montgomery City of Hastings 101 East Fourth Street Hastings, MN 55033 To whom it may concern: In the event that I'm found responsible for repair work on the abandoned service line from the water main located in Highway 81, in front of the address of 1810 Vermillion Street, I request that all charges be assessed to the taxes on said property. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR Tn'E LOCK AND DAM ACCESS ROAD AND RIVERFRONT TRAIl, IMPROVEMENT PROJECT WHEREAS, pursuant to a written contracted signed with the City of Hastings on April 16, 2001; Holst Excavating has satisfactorily completed the Lock and Dam Access Road and Rivet'front Trail Improvement Project. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby directed to issue a proper order for the final payment of $12,815.29 on the above said project for such contracts, taking the contractor receipt in full. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 3''a DAY OF MARCH, 2003. Ayes: Nays: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee, City Clerk (Seal) CADocuments and Settings\TMontgomery~My Documents\Word Docs\IMPR\L&DAccessRD~FinalPayRes.do¢ o o o > o 02/24/2003 11:59 FAX 9528908065 CONTRACTOR RECAPITULATION 2001 LOCI( AND DAM ROAD IMPROVEMENTS CITY OF HASTINGS, MN BM I PROJECT N O. T11.20118 24-Feb-03 TOTAL, COMPLETED WORK TO DATE RETAINED PERCENTAGE ( ) TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $gg4,429.10 NET AMOUNT DUE TO CONTRACTOR TO DATE TOTAL AMOUNT PAID ON PREVIOUS EST{MATES AND CHANGE ORDERS PAY CONTRACTOR AS ESTIMATE NO. 10 $994,429.10 $981,613.81 $12,815,2g Certificate for Final Payment I hereby ~ertlfy that, to the best of my knowl~lge and belief, ali ilems quantifies and prices of work and material shown on this Estimate are correct and that all work has been per/ormed In full accordance with the terms and conditions of the Contract for this 'proJ;cl between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing Is a true and correct statement of the amount for the Final Estimate, thai the pmvisionsof M. S. 2g0.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Conlractor; HOI.$T EXCAVATING, INC. By Name Title Data Approved: Contractor's Surety . CHECKED AND APPROVED AS TO QUANTITIEs AND AMouNT: BOLTON & MENK, INC., ENGINEERS, 1515 EAST HIGHWAY13, BURNSVILLE, MN., 55337.6857 By ~~~ ~ ~&[,~ , PROJECT MANAGER Marcus A. '['homas, P.E. APPROVED FOR PAYMENT: Owner:. CITY OF HASTI.~GS By. Name Title Dale Date And Name Title CU YD (CV) = CuDIc Yarcls, Compacted Volume (Measured In Place) CU YD (EV) = Cubic Yards, Excavated Volume (Measured in Place} '(P) = Planned Quantity Basis of Measurement (1) = Not Subject To MNDOT SI3ec 1903 UZ/Z4/ZUU~ ~Z:UU ~,~ CONTRA. c'roIL~ PAY ESTIMATE 2tX)l LOCK AND DAM ROAD IMPI:LOYEMCrNT$ -- PROJF. CT NO.TII.201111 a SUBGRADE ~VATION 7 ;ALVAGED SUDG~DE MATERIAL ~OM ~CKPILE ' DV~ $4.NI~0 CY U,4OlI.IIOIJo ~1400,lJ ~S~ 9 K" CONCR~ TRAIL CROSSING . 54Q.~ 90 II AGGREGATE BAS~ ~SS ~ (FOR T~IL) S9.~~30 I] AGGREGAT~ BASE~ C~S S ~MP. AC~S RD MAINTENANCE) 14 REMOVG GRAVEL ACC~S ROAD S0.60 I~ OI~MINOUS W~RING ~U~ MIXTURE . ~.~ 16 lli3~MINUUS BASE COURSE MIX,RE / 02/24/2003 12:00 FAX 9528908065 BOLTON & ~ENK * HasClngs, Cl~y ~U06 SCtlEDLJLg #nml ROAD IMPROVEME, NTS ~ MI~ BI~MINOUS PAVEM~T ISO~O ' IO31o SY S~,1 }.L~ 97.~o ~,~75.ofl u750 'f, EDGE MI~ BITOMINOUS PAVEM~ (~R BITUMINOUS OVER~Y) ISo~o 12~il SY $6~.1~1 ]11 SIS.OIl 311 ? R~OV~ ~I~ING GRAV~ SURFACE ISO.60 39311 SY S2~Jl.lle 3~Olt SI, LOll. Oil 3~ I REMOVE ~ARD RAI~ [~STS AND CABS) ~5.~ ~OII ~ J~l~llll.llll 51Xl S2.~lgl.lgl51e I ~ ~AbVAOE EXI~NO ~LVERT ]S~.~ (G LF ~,~1 12 ~OVE ~I~ING ~AIN LINK FENCE lSIJO ' GT0O CF S la,O~l).gu 67oo Sl(MJso.ixlflTm i) a~CH HOUSE D~MOLI~ON ~S~,9~.~ ~S S4,*~n.~ ~,9Oll.lm I I~ R~TROO~ FAClUTY DEMOLITION /sl.8~.~ ~ Sl,~0O.~ SI,14iL~ I $ltNl~.~l .... I.~ CO~ON ~CAVATION (~v)/..so J3611 ~ $LI,TMI.IKI ~(,0 SIR,7¢~I.Oll ~3~ SlI,7gI.OD 4[, SU~RADE ~VATION (~V~I)IS4 ~ s2n CY Sl.(ml.~m.297 SI,IK~,OO 297 17 :~PSOIL BORROW (uVXqlSlO.oo2(1211 CY SZ11721~.(~ 1~3 SRZ~3D.[I(IIM~ I~ iSALVAG~ SUBG~DE ~RIA~ ~OM ~OCKPILE DV~P)/S~,~ 17460 CY $J2?310.1~122{~l S~l{,l~l,lal 1221KI ~6,6~.~ I'} iALVAGED MATERIAL FROM KOCH ~TOCKPILES BVXP)ISd.~314~ CY Sl2,4~.oo 31tiff SlZ.dl~.le 31al 2U ~ELOC~TB ~CESS ~O~Pi~ MATERIAL nvx~ls4.~ 119~11 CY ~46,9~.~ 4ROll S 19.21R1.1~ dial 21 ~UGR~GATE BASE CLA~ ,* /sg.~ (dTO T SSK~,.O, il24 S7~.116.1m 1124 S~1116.im 22 I~I~MIN~S MATEKIA L ~OK TACK C'OAT ~SI.202(1¢~ GAL ~dcxl.lm I~,J SI.,)IO. INI If~) Sl,gZO,OO 24 alTUMINOUS OASR COU~B MITRE1521'~0 22KI T ~t 71~I.UII ~2 ~67,~2,gll ~ 25 DE~RATIVE BI~MINOUS ~AMPING [S6.~ 7~ SF S4.~.~ 375 S2t2Stl.t~ 375: ;2~0.~1 ~ ::ON~E ~R~ & G~R (~1~) ~ST.M 12450 LF $~ 7~ I.~ILIIII I)fl23 $UI.I~R.(;I13;12~ 2g 7" ~NCR~E D~V~AY PAVEM E~ /s34.~ ~0 SY Sl,~il. OO2[P; S7~l(gkO0 2IN S?~I06.IKI 29 EROSION ~RO~ B~NK~ (PY~MA~ /sg.~o Zl~l SY S19,930.m13000 S2i.~l~.(~l31alii , 31 4' DASH ED YELLOW LINE - ~Xy [Sl.80 II10 ~ ~[.Wi]la IIOII S I,UilI.(eIlgll 32 4" SOLII) WHrFE UNE- EPOXY /Sd. SO 31al LF ~1,}5o.1~1296 slJ~2.11o 2~Jf~ Sl,3~2.~ ~ PAIN~ IIANDI~P SYM~ - EPOXY /sl~o.~ I gA Sl~0,~l I Sl~}.O[I CIIA~GEORO~R ~1 . / 3~ IF&I STEEL GUARD~IL ~O ~AC~ENT OF FILL MA~RI~ /Sd.,~O.~ I ~ Sd,iAi,.,, I Sdt~aL(~ I 02/24/2003 12:01 FAX 9528908065 BOLTON & MENR ~ Uastlngs, city ~oub / ~C'I II~BUL.i' "O": SANITARY $~¥ER IM I~ROVI£MEIq{TS ,'3~.~,':.~.'2~:?S~:.~,s,~:~;~1~ie,~u:: s";~, '-"'c :i~:~"~;~O'~:~:~t~i~ ~,.~ ~Z~F¢ ;~C~.J' m~r~ ",~:"mou~¢,'"r · '. ~;~':'~,:', '..~,:<~...~*'~c~r~ ~,v~,~,,~.. = ,.~'; ,,,:. :,~ ~,~.~X**,u,,~ '~,*~ )~ ~' ': [~ '~' "~ '" ' "";;~'~2'~*~¢ T;~~:*:' ~''''' :'J~: ~:0~: '~ ?":"""<'"¢~":'?* 2 C'.DN~RU~ INSIDE DROP 5100.~ ().4 Lff ~)40.~1 I J SI~HHLIIO I I SI,lUll.ifil 3 4' PVC, ~DR,26 FORCEMAIN {INCLUDING ~INGS) Sl~.~ 13.50 LF {211,2.~(I.IBI 1344 S21l~1 f{I.IX~ 1344 4 I.~' PVC, $CliEDU~ 40 (IN~UDINO FI~INGS) S1~.~ 2)0 LF $3.gMI.OO 247 S3.711~.1m 247 NCIIn'DULI: "g": WATERMAIN IMI'ROVEM~NT~ RBMOVE B~ISTINO 4" WATGRMAIH si.e0 l~g E S3,11~,gll~ldlll 1,' I'VC 1 DRII {IN~UDING fi~NGS) SIS.0O14UIi LF S2 l,OlXl.lfll 141~ 'TYPE K (~PPER S~VICE PiPE S I).~{dl ~ ~QIJI.{I Jill ' CORPORATION ~P S~.~ EA l~Jl.ll ~lJl.iJll IV~.UII I"(~RB $'FOP AND BOX $IS0N I, ~ il)Il. Oil 02/24/2003 12:01 FAX 9528908065 BOLTON & MENK ~ Hastings, City ~006 "F": 5TERM ~D,¥1~lt IMPRO¥~MENT~ 2' RC PIPG SEWER CLASS V S20.00 12911 LF $2,~,100.00 1210 $24t2o11.OII121fl ~' RC PIPE S~ER C~S V ~3.00 ~ L~ S690.00 2~ S644.(10 21 S~4.IKI K" RC PIPE S~ER CLASS III S29.~ 47[I ~P . Si 3,(~().0[I 4~6 24' X M," CA~HBASIN, ~ P~ ~.lO ~O0,~ 19 ~ ~l?~lOfl.OU 19 SlT. IOO.OO 19 S17,UIO,~ CASTING ASSEMBLY S)2S.OO ~ EA S7~4 Ti,lift~ $?~475.1~ 23 S7.47J,~ ,('L UI RI~RAP 535,~ 15 CY $~2~.1NI 29.9 ~ClIEDULi: "G": LAND~ICAZ~INO ~11ANC'E~ ENT~ I CONCRETE PAVINO (BOULEVARD ONi:Y} S4,OO ] C~NCR~E DOLLARDS 4 C~NCR~E PIERS ~AT 2ND ~RE~ ~ CUNCR~E PED~AL (AT OV~RL~K) SI50.~ 34 LF S~.UIO,~ f, ~I:B'Y FENCE ~ALONG R~AINING WA~C) 570.~ I(I AUTUMN SPIRE RED MAPLE ().7~" CAI,.) S250,~ 13 PURPLECONE~OWER (d[ CENT,) S27.~ I.{ ~TEL~ D~RE DAYLIMES (Il CO~,} S27,~ 40 16 PAR~N M8 DAYLILIES(Jl ~tL) S27.~ 1~ ~ SJ129LOII IW, S5~292.(N1 I~ S3,2~2.0U 17 P~RIE SE~DINO SUBTOTAL SCHEDULE ,,~,, P#al 4dS 02/24/2003 12:02 FAX 9528908065 BOLTON & ~ENK ~ Hastings, Cl~y ~oo7 [PITOJEcr ror~z. 1~4~'~ I $991,s29'10 I 1~~1 MEMO VI-6 To: From: Date: Re: Honorable Mayor and City Council Tom Momgomery February 26, 2003 General Sieben Dr. Temporary Easement Release Council is requested to approve a release of a temporary easement granted the City for General Sieben Drive construction in 1995. Enclosed is correspondence from City Attorney Shawn Moynihan explaining the request. CiTY OF ttASTIN6$ Donald J. Fluegel * Shawn M. Moynihan Daniel J. Fluegel FLUEGEL & MOYNIHAN Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 Telephone 651-438-9777 Fax 651-438-9775 February 18, 2003 Thomas M. Montgomery Public Works Director City of Hastings 101 East 4th Street Hastings, MN 55033 Re: General $ieben Drive - Easement Release Dear Tom: During the development of Hastings Marketplace West, the question was raised regarding the existence of a temporary construction easement granted to the City by the school district in 1995. Even though this easement was never recorded, it did show up in one of the Hastings fight-of-way maps for that area that was recorded. I have explained to various attorney's that in my opinion that easement was not granted by the right-of-way map. It was shown on the right-of-way map only for the purposes of giving it a parcel number. Regardless, the attorney's have continued to raise a title objection to the existence of that temporary construction easement and wish to have the City release the easement. I am enclosing a document titled "Easement Release" that I received from an owner of the property. You will see that they are asking the City to release that temporary construction easement dated June 7, 1995. You will also see by its own terms the construction easement expires on September 1, 1996. Regardless, they are asking the City to sign this release document. I don't have an 'objection to the City signing this docUment. Please let me know if you have any objection. If not, please have this item added to the March 3, 200$,city council agenda so that we can get this matter closed. Thank you. Very truly yours, FL UE GEL & MO YNIHAN P.A. S..hawn M. Moynihan C~ty Attomey SMM/ham Enclosure * Also admitted to practice in Wisconsin Easement Release Know all men by these presents, those certain easements now owned by the undersigned, bearing date the 7th day of June, 1995, made and executed by Independent School District No. 200, as Grantor, and in favor of the City of Hastings, a municipal corporation as Grantee and the undesignated temporary easement as contained in the City of Hastings Right of Way Map No. 1 filed of record in the office of the County Recorder in and for the County of Dakota, State of Minnesota, as Document No. 1277562, are hereby released, and the County Recorder of said County is hereby authorized and directed to discharge the same upon the record thereof. In testimony whereof, the undersigned has hereunto set his hand this ~ day of December 2002 CITY OF HASTINGS a Minnesota municipal corporation BY: Its: BY: Its: STATE OF MINNESOTA ) · SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of December 2002, by ., the and by , the , City of Hastings, a Minnesota municipal corporation, on behalf of the corporation. Notary Public This instrument was drafted by: Robert J. Foster, Esq. Foster, Wentzell, Hedback, Brever, Arendt & Carlson, PLLC 2855 Anthony Lane, Suite 201 St. Anthony, MN 55418 (612) 789-1331 FAX: (612) 789-2109 ]FOSTER, 3¥VENTZELL t-~EDIIACI(, lIREVt''R. AREND]; & CARLSON PLLC SAR. AH MARTnq ARENDT THOMAS E. BREVER ST~VEN ~ CAREN ROBERT J. F~ER JOHN A. HEDnACK J~EPH A. WE~ZELL* ATTORNEYS AT LAW December 19, 2002 Shawn M. Moynihan, Esq. Fluegel Moynihan, P.A. 1303 South Frontage Road, Suite 5 Hastings, MN 55033 Dear Mr. Moynihan: This will confirm our telephone conversation in which we discussed the undesignated temporary construction easement in favor of the'City of Hastings which was recorded May 10, 1995 as Document #1277562. You had earlier forwarded me a copy of the Temporary Construction Easement and we both agree that, pursuant to the document, the easement expired by its terms on September 1, 1996. My client has sold the property and the buyer of the property has made objections to the property due to the existence of this Temporary Construction Easement. I have forwarded them a copy of the Temporary Construction Easement showing that it expired, pursuant to its terms, in 1996. They are still requiring that the easement be removed of record. A copy of the Easement is attached hereto. In order to resolve this issue without the necessity of further debate, I have enclosed for your review a Release of Easement. This document will be filed of record and will remove the easement from the record title. If this document is acceptable to you, I would ask that you have it signed by the appropriate parties at the City of Hastings and return it to the undersigned for filing. Thank you in advance for your anticipated cooperation. I await of the enclosed document. RJF:dk enclosures cc: A. Gleekel, Esq. G. Schmitz 20]. ANTHONY I~LACF- o 2855 ANT~Or,,W L,,a-~E So. o ST. ANTHONY, MN 55418 08/28/02 ~4:44 FA& T~0RARY CONSTRUCTION EASKMENT KNOW ALL PERSONS BY THESE PRESENT: a I Minne~ota That independent School District No. 200, corporation, being the owDer of the following de~cribe~ propertY, located in the City of Hastings Dakota County, Mlnnesoqa, to wit: , The Northwest Quarter of the Southwest QuarterI of Section 29, Township 115, Range 17, except! the South 415 feet of the East 984.47 feet andI also except that part taken for Minnesota! State Trunk Highway No. 55. For good and other valuable consideration, the sufficiency of acknowled ed by the undersigned, the undersigned does which is g - -= ~--+~ a Minnesota~ municipal hereby grant t? th~ ~=Y.._t~j&~-~-' temporary construction ~ .... ation thereaIter 9=~"'~=~ ; ~ ..... -~der an~ across u~ u=,,,F~ z . easemenL ov~, ~.. - ...... ~a~ No 1 whic~ is on City of Hastings ~~%~ ~s*'~sem~nt is to allow brantee to this easement. T p P - -- install, construct and maintain slopes u~on the sum3e¢~ property inciden~ to the location, construction, installation and maintenance of utility lines, drainage system, streets, sidewalks, pedestrian trail and ponding basin, within said proper~y, grantee shall have the right to'operate its equipment rom purposes of the construction of 'said slope, utility lines, draina( e system, streets, sidewalks, pedestrian trail'and ponding basin. During the construction period, grantee shall have to right to construct, and locate slopes; to acquire and remove all dirt, maintain ..... ~. ~rass and herbage, if any · n structures, trees, ~n~'=~, ~ . . . vegetatio , - - ~ ~:~ ~ same to maintain ~e slope located thereo~; to .~lo~e ~u £~2d ~%din~ %f the slope~ and to do o revent the zi££ing a 9 ~ · - of same, t p . ~ .... ~ ~ a~v to ~allow the ' ional things in¢iuenu =-~ .ecess -~ ~ . all add~% ned location, construction, installation and ~alntenance aforement~o and to keep and have exclusive control thereof (except g~antor, its successors and assigns may make use o~ the property to,the extent · sistent herewith). The undersigned warrants !that there not lnco~ ....... hav~n~ an interest in said property, are no other p~u~o . u · · ndersi ned, and tha~ the undersigned has g~o~ r~gm=, than the u g ........... ~s to ~rant this easement. title and.interest in =ne sup]ecu p==-,~o= = This easement shall expire September 1, 1996. 7th day of Dated this __, 1995~ IND~rKN~NT SCHOOL DISTR~CT NO. 200 ItS Clerk I 08/28/02 14:44 FAX . / */ // FLUEGEL MOYNIHAN STATE OF MINNESOTA ) · ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me ~his 7th and I day of j~,n~ 1995, by Donald ~- May of 'I~dependent This Instrument Drafted By: FLUEGEL MOYNIHAN, P.A. 13.03 So. Frontage Rd., Suite 5 Hastings, MN 55033 (612) 438-9777 (SMM:JAV/skr) ARMSTRONG TORSETH SKOLD & RYDEEN INC 8~! GOLDEN YALL~Y ~AD SUtTE ~ ~NN~;~Lt$ MN ~2~ PHONE: 763. 545. 3731 FAX: 763. 525,3289 LETTER OF TRANSMITTAL TO: City of Hastings DATE: PROJECT 01028 FEB 2 4 2003 NO: 150 East Third Street Hastings, ~ 55033 RE: City of Hastings ':: SoUnd System WE ARE SENDING YOU: attached VIA mail" THE FOLLOWING ITEMS: COPIES I DATE I NO. I DESCR.IPT~Q~q 1 02-12-03 PAYMENT APPLICATION NO. 1 HAS BEEN APPROVED FOR PAYMENT THESE ARE TRANSMITTED as checked below: For Approval X Approved Do Not Resubmit Resubmit For Your Use Approved as Noted cc: For Approval Submit As Requested Not Approved cc: Distribution Return For Review & Comments Revise and'Resubmit Corrected Prints ' Other Please acknow~edge~ by Signing below and returning~one tmagmittal to this'0ffice: Signature: !' Date: For Checking: Make corrections, and retain one copy for your files. Send copies to the General Contractor;' · ~: ~ ~ , copies to our office and the balance of Please sign all copies. Retain (1) copy for your files and return remaining 'coPies to our office. We will forward a completely signed copy upon receipt from the Owner. Please sign copies and return copies to this office. REMARKS: COPY TO File SIGNED Veronica Chasney .LN:IINAVd DNDWIt, J 'O · ~ g (9 ou!q ss,'}I { :au{q) ~ t~ ~::iDYNiVi~:! DNIGfnONI 'HSINH Ol =IDNtFWg ' 6 $ .J ................. ~lflO 1N31NAYd 1N:IUI:IflD ' fl (lmO1 ~ ~u{q ssaI ~ g ................. 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Background information A mechanic position has been approved in the 2003 budget; this is not a new position per say. This position recognizes additional duties that exist when mechanic duties are performed. One person in the Streets Department will be responsible for mechanic duties. The 2003 salary as approved is $21.08/hour. If you have any questions, please feel fee to contact me. Position Title: Department: Reports To: Exempt: Normal Shift: Approved by City Council: CITY OF HASTINGS POSITION DESCRIPTION Heavy Equipment Operator/Mechanic Public Works - Streets Department Streets Superintendent No 7:00 a.m.---3:00 p.m. SUMMARY This is a skilled position of non-exempt classification responsible for the preventative and emergency maintenance of all city-owned vehicles and machinery. General direction and supervision is received from the Streets Superintendent. ESSENTIAL DUTIES & RESPONSIBILITIES HEO Duties: · Operates grader in fine grading of streets, laying blacktop, and snow removal. · Operates sweeper in sweeping streets. Operates front end loader. · Operates loader with snow blower. · Operates skid loader · Operates tandem dumptruck · Operates water tanker/flushing truck. · Operates John Deere Tractor with two mowers. · Operates construction and maintenance equipment and performs related operational work as required. Ability to maintain and operate 12-inch pump at pump site. Performs varied maintenance duties: e.g. cleaning drains, patching streets, repair and replacement of street signs, etc. Performs normal maintenance duties: e.g. changing oil and greasing equipment, etc. Performs minor maintenance and operating adjustments. Assists in repair of equipment. Maintains and updates daily time and equipment reports and unit service books. Maintains equipment in clean and neat appearance and safe operating condition. Operates equipment using lesser level of skill as assigned or directed. · Performs preventative and emergency maintenance and repairs to automobiles, light and heavy-duty trucks, construction equipment, agriculture equipment, generators, and all other vehicles and equipment for all city divisions; · Assists in maintaining adequate shop supplies and parts, maintains accurate records of all work performed and supplies used, and make recommendations for necessary purchases of equipment and supplies to improve the efficiency of the City; · Responsible for determining when certain pieces of equipment within the Public Works Department are unsafe for use and suggesting further action. · Performs necessary welding and fabricating to repair and maintain all equipment. Other Duties: · Responds to emergencycall-outs. · Leads others in work assignments as directed or instructed. · Performs additional duties and responsibilities as necessary or as assigned. · Ability to respond willingly to varied work assignments and flexible working hours. · Ability to understand and follow oral and written instructions. · Ability and willingness to learn new job skills and work tasks as assigned. · Ability to communicate effectively and tactfully with the public. REQUIRED QUALIFICATIONS · High school diploma or GED equivalent; · Good verbal and written English communication skills; · Possession of a valid DriveCs license; · Possession of, or the ability to obtain in six (6) months, a valid Minnesota Class A Commercial Driver's License; · Ability to establish and maintain effective working relations with both co-workers, supervisors, and the public; · Previous training and/or experience as an automotive/equipment mechanic; · Successful completion of pre-employment drug screen and physical; and · Currently a Heavy Equipment Operator with the City of Hastings DESIRED QUALIFICATIONS · Good knowledge of the practices, procedures, equipment, and materials used in Public Works maintenance and construction work; · Good knowledge of the safe operation of motorized equipment; · Good knowledge in welding and cutting equipment in a safe manner; · Previous experience and skill in the safe operation of heavy construction and maintenance equipment; · A.S.E. Certified for automobiles and light duty trucks; · Five years experience in mechanical work field, of which three years shall be in automobile/light duty truck repair and maintenance, or a two-year certification of completion from a technical school; · Experience with agricultural, industrial, and heavy trucks; · Experience with welding, hydraulics, and electrical systems; and · Vehicle CDL inspection certificate from a vocational technical school or equivalent knowledge and experience KNOWLEDGE, SKILLS AND ABILITIES · Knowledge of the practices and methods, tools and materials used in the maintenance of automotive, construction and related equipment. · Knowledge of the operating principles of gasoline and diesel engines and of mechanical knowledge of the occupational hazards and safety precautions of equipment and repair work and large scale shop operations. · Ability to diagnose defects in automotive, construction and related equipment, and to repair such defects with skilled proficiency. · Knowledge of electronic systems and radio repairs. · Ability to establish good working relationships with supervisors, co-workers, citizens, vendors, subordinates and others contacted in the course of the work. · Ability to communicate and coordinate with co-workers on special work projects. · Ability to follow oral and written instructions. · Skill in the use and care of tools, equipment, and materials used in this field. · Ability to perform manual labor associated with major mechanical repair work. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit, talk or hear, stand, walk, use hands to finger, handle or operate objects, tools or equipment; reach with hands and arms; climb or balance; stoop, kneel, crouch or crawl; taste and smell; lift or move up to fifty (50) pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described her are representative of those an employee encounters while performing the essential functions of this jOb. Reasonable accommodations may be made to enable individuals with dis"'abilities to perform the essential functions. Work is performed in both an indoor and outdoor setting. The noise level in the work environment is usually noisy and may occasionally be loud. The temperatures in the work environment may vary from very hot to very cold. This is an internal position posting only. This position will be open for a period of five working days as per the 2002 IUOE Local No. 49 union contract job posting requirements. To be considered for this position, current members of the IUOE Local No. 49 bargaining group should indicate their interest by signing the posted sign-up sheet and submitting a completed employment application by 4:30p. m., XXX, YY, ZZZ. Application materials can be obtained by calling 651-437-4127 or are available at City Hall at 101 Fourth Street East, Hastings MN 55033. For consideration for this position, a completed application form must be submitted to the Administrative Assistant/City Clerk, 101 Fourth Street East, Hastings, MN, 55033 by the above noted deadline. Applications received af[er the deadline may be rejected. Applicants must have the necessary qualifications to meet the standards of the job vacancy and have the ability to perform the duties and responsibilities of the job vacancy (IUOE No. 49 Union Contract, Article XIX, sec. 19.11 & 19.12). Applicants are encouraged to include supplemental information that demonstrates previous experience to successfully perform the essential functions of this position. The City of Hastings is an Equal Opportunity Employer. HASTINGS FIRE DEPARTMENT MARK J. HOLMES, CHIEF 115 West 5th Street Hastings, Minnesota 55033-1815 Business Office (651) 437-5610 Fax (651) 437-5956 TO: FROM: SUBJECT: DATE: Mayor Wemer Council Members Mark J. Holmes, Fire Chief~'~J Request for 2003 Budget Adjustment February26,2003 The family of Richard Holmes, a deceased Hastings Firefighter has donated $500.00. This gift to the fire department was made in memory of Mr. Holmes. The family's intention is that the money be used toward the purchase of life saving equipment. Requested Action: Consideration of a $500.00 fire department budget increase to be funded by a donation receipt. Funds would be deposited in the ambulance equipment account and used towards the purchase of laryngoscopes. FIRE SUPPRESSION - FIRE EDUCATION - FIRE PREVENTION - AMBULANCE SERVICE Memorandum To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk February 26, 2003 Application for Gambling Premises Permit- Hastings High School Track & Field Club -- at 1859 Tierney Drive Recommended City Council Action: Approve the attached Resolution, authorizing the Hastings High School Track & Field Club to conduct a raffle on March 29, 2003. Background: Application has been received from the Hastings High School Track & Field Club to conduct an excluded raffle (value not to exceed $750) on March 29, 2003 at 1859 Tierney Drive in Hastings. The application materials have also been sent to the Minnesota Lawful Gambling Board; they have indicated that they have no objections to the permit being issued. Should the resolution be approved, that will be forwarded as well. Should you have any concerns or questions, please do not hesitate to contact me. Attachment: 1. Resolution- Approving the gambling permit request by the Hastings High School Track & Field Club RESOLUTION NO. 03- -03 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: MARCH 3, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall in said City on the 3rd of March, 2003, at 7:00 o'clock P.M. for the purpose in part of authorizing Resolution No. 03- -03, approving the Hastings High School Track & Field Club to conduct a raffle on March 29th 2003 at 1859 Tierney Drive, Hastings, Minnesota. The following Councilmembers were present: and the following Councilmembers were absent:' Councilmember adoption." introduced the following resolution and moved its RESOLUTION NO. 03- -03 RESOLUTION APPROVING THE REQUEST BY THE HASTINGS HIGH SCHOOL TRACK & FIELD CLUB TO CONDUCT AN EXCLUDED RAFFLE WHEREAS, the Hastings High School Track & Field Club has presented an application to the City of Hastings to conduct an excluded raffle (value of items to be raffled not to exceed $750) on March 29th 2003 at 1859 Tierney Drive in Hastings; and WHEREAS, the Minnesota Lawful Gambling Board has been presented with the application and has not raised objection to it being granted. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Gaming, Gambling Control Division, showing the approval of this application for an Excluded Raffle on March 29, 2003. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) MEMO' VII-1 To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery February 26, 2003 Award Contract - General Sieben Dr. Extension Bids for the General Sieben Dr. Extension will be opened at 2:00 PM on Thursday, 2/27/03. I will provide Council a copy of a resolution tabulating bid results and recommending award of contract on Monday, prior to the Council meeting. CITY' OF HAST[NtiS MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March 3, 2003 Award Contract - 2003 General Sieben Dr. Extension Improvements Bids were opened for the General Sieben Dr. Extension improvements on Thursday afternoon, 2/27/03. The low bid came in about 25% below the estimated construction cost. Enclosed for Council approval is a resolution awarding the contract to the low bidder, A-1 Excavating, Inc. in the amount of $2,200,734.75. CITY' OF HASTI~6S M:\CONSTRUCTION_PROJECTSk2003\WordDocsk2003 ResAwardContractGen SiebenDrext.doc CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE 2003 GENERAL SIEBEN DPdVE EXTENSION IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the 2003 General Sieben Dr. Extension Improvements, bids were opened on February 27, 2003 and tabulated according to law, and the following bids were received: Bidder A-1 Excavating, Inc. S.M. Hentges & Sons, Inc. Barbarossa & Sons, Inc. Robert R. Schroeder Construction Heselton Construction, LLC Northdale Construction Three Rivers Construction Ryan Contracting Co. Bid $2,200,734.75 $2,235,789.56 $2,346,144.65 $2,380,084.65 $2,452,031.95 $2,557,877.48 $2,630,290.55 $2,695,572.20 WHEREAS, it appears that A-1 Excavating, Inc. is the lowest responsible bidder; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby authorized and directed to enter into a contract with A-1 Excavating, Inc. in the amount of $2,200,734.75 for the 2003 General Sieben Dr. Extension Improvements. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 3ra DAY OF MARCH, 2003. Ayes: Nays: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk (Seal) M:\CONSTRUCTION_PROJECTSk2003\WordDocsk2003 ResAwardContractGenSiebenDrext.doc Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 3, 2003 Subject: Public Hearing - Rezoning #2002-42 - R-l, Low Density Residence, and R-2 Medium DensitY Residence to O-I, General Office at the southwest corner of Pine Street and. Highway 55 - Mississippi Office Park (Siewert Construction). REQUEST ~The City Council is asked to hold a public hearing to consider the rezoning request of Siewert Construction to rezone 1.91 acres at the southwest corner of Pine Street and Highway 55 from R-l, Low Density Residence, and R-2 Medium Density Residence to O-I, General Office as part of Mississippi Office Park. First Reading of the rezoning was considered at the February 18, 2003 City Council Meeting. An application for Preliminary Plat, Final Plat, and Site Plan Review to create a one lot' commercial' subdivision and construct a 17,600 square foot office building have been submitted, and will be brought forward for approval in the near future. RECOMMENDATION The Planning Commission recommended unanimous approval at the May 13, 2002 meeting in conjunction with the conceptual site plan. During the public hearing a neighboring resident addressed the Commission seeking clarification between the impacts of Comprehensive Plan designation, and zoning designation. The Commission also reviewed the conceptual site plan to better direct the applicant in preparation of the site plan and plat. Review relating to Mississippi Office Park was put on hold at the direction of the applicant in May, 2002 in order to revise building elevations. Review has since commenced, with Planning Commission examination of the revised Site Plan on February 10, 2003. The rezoning is consistent with the comprehensive plan, abuts two major roads at a controlled intersection and adjacent to existing office uses. BACKGROUND INFORMATION Comprehensive Plan Classification The rezoning is consistent with the 2020 Comprehensive Plan designation of O-Office. Adjacent residential uses are also guided for O - Office development. Zoning Classification The O-1 General Office District serves as a limited business district, and buffer zone between residential and more intensive commercial uses. Permitted uses include offices, and retail- and service facilities less than 50 percent of gross floor area. A complete listing of uses is attached. Adjacent' Zoning and Land Use The following land uses abut the property: Direction North East South West Existinq Use Hwy 55 Single Family Residential Pine Street- Edward Jones Inv. Single Family Residential Hastings Middle School Zoninq R-2, Med. Density Res. O-I, General Office R-2, Med: Density Res. R-l, Low Density Res Comp Plan U-I, Urban Res. O-Office O - Office P - Public Existing Condition The existing site is generally fiat with many trees. An existing barn would be removed. Proposed Modification Siewert proposes to construct a two story, 17,600 square foot office building and has submitted a conceptual plan for a second office building adjacent to the site. ATTACHMENTS · Ordinance Amendment · Location Map · O-I Uses · Planning Commission Minutes - May 13, 2002 · Application CITY OF HASTINGS COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 10.01, SUBDIVISION 1 OF THE CITY CODE HAVING 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 containing 1.91 acres, generally located at the southwest comer of Pine Street and Minnesota Highway 55 is hereby rezoned from R-l, Low Density Residence and R-2, Medium Density Residence to O-1, General Office: That part of the NE ¼ of the SW ¼ of Section 28, Township 115, Range 17, described as follows: Commencing 16 feet North of the Northwest comer of Lot 1 of Block 6 of William Allison's Addition tot he Town of Hastings; thence south 1048 feet along the West line of said Addition; thence West 207.82 feet; thence North1048 feet; and thence east 207.82 feet to the point of beginning; excepting therefrom: That part of the NE ¼ of the SW ¼ of Section 28, Township 115, Range 17 described as follows: Commencing at the Northwest Comer of Lot 4, Block 6, William Allison's Addition to the Town of Hastings; thence running South on the West line of said Addition 141 feet to the Northwest comer of Lot 1, Block 15, thence West perpendicular to said line 87 feet; thence North parallel to said line 141 feet; and thence East 87 feet to the place of beginning; Also excepting therefrom that part of the NE ¼ of the SW ¼ of Section 28, Township 115, Range 17 lying Southerly of the following described line; Commencing at the Northwest comer of Lot 4, Block 15, William Allison's Addition to the Town of Hastings; thence North 225 feet to the Northwest comer of Lot 1, Block 15 of said William Allison's Addition to the point of beginning of the line herein described; thence West 207.82 feet and there terminating. Lots 1 and 2, Block 6, Wm. Allison's Addition to Hastings, according to the recorded plat thereof, and situate in Dakota County. ADOPTED BY THE CITY COUNCIL THIS DAY OF ,2003. ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a tree and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of March, 2003, 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. Hastings, MN 55033 Source: Ordinance No. 38'0 Second Ser/es Effective Date: November 30, 1995 Sourg.e: Ordinance No. 417, Second Set/es Effective Date: October 20, 1997 SECTION 10.22. O-1 GENEI~,-k_L OFFICE DISTRICT. SUBD. 1. INTENT. The intent of this Chapter in establishing a general office d/strict is to provide the City and its residents with a zoning designation that perm/ts 1/m/ted business applications in certain areas of th~ community as determined by the Hastings 'Comprehensive Plan. Th.is des/gnat/on can be used 'as a buffer zone to insulate residential areas from kigh movement areas or provide neighborhood convenience establ/shments. SUBD. 2. PERMITTED USES: The following uses are permitted: a. Offices ex'cluding uses w/th drive-through facilities. Reta/1 and service facilities w/thin an office building but limited to 50% of the gross floor area. Accessory Uses incidental 'to the foregoing principle uses. SUBD. 3. USES BY SPECIAL PERMIT. a. Office uses with drive thru facihties. b. Reta/1 and service facilities. c. Towers as regulated by Section 10.05 Subd. 12 of this chapter. d.. S'mall. animal clinics, excluding establishments with outside hms a~)d non-patient ':O~ernigbt .' stays. . · Source: Ordinance 434,Second Series Effective Date: 7-6-98 55 Hollenbeck stated that she would feel more comfortable hearing from the DNR forward with any voting on the Special use Permit. that this Anderson ag-reed saying that rivers are a dynamic, constantly changing thing and effect, be a permanent change. Commissioner fired if this item could be tabled again. Planner Hinzman City has 120 days to decide. Commissioner Stotko stated Planner Hinzman responded by saying before bringing back the preliminary plat. started. would have to wait for word from the DNR? would like a development agreement in place that the Wallin's were very eager to get Planning Commission Action: Commissioner Truax moved and Commissioner Michno Wallin Special Use Permit one more meeting until comments the motion to table the NR were received. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Request to Re-zone property'- Siewert Construction -Public Hearing - #2002-42 Request to rezone property from R-l, Low Density Residence, and R-2 Medium Density Residence to O-1, General Office at the southwest comer of Pine Street andHighway 55. Planner Hinzman presented background on the project. Chairman Anderson opened the public hearing at 7:45 pm. Melanie Peters, 910 9z Street West, came forward with questions regarding lot lines and a garage, and any future expansions. Dan Tilsen, a representative for the applicant, came forward with answers to M~. Peter's questions. As to lot lines and the garage in question there would be a boundary line revision done making the garage fall on the Peter's property with about a 5' setback from the new boundary line. This re-drawing would make the garage solely the property of the Peter's and there would be no costs incurred to them as a result. Public hearing closed at 7:55 pm Commissioner Greil commented that in his opinion this proposed idea was a good use for the property in question. Planning Commission Action: Commissioned Twedt moved and Commissioner Greil seconded the motion to approve the rezoning request from R-1 and R-2 to O-1 General Office. CITY OF PL'~ST~N-GS !01 4~ S~eer E~. ~gs, ~- 55035 P~one {65Z)437'.4!2{ p~ {55! )~27.7082 "~ Ad.ess ofPrope~ ~volved: ~ ~ ~, ~ Legal Description ~ ' ' ~ or Property rnvolved: Apl~licant: N-ame Address Phone . / _Gs i.- qs7~ 47te__ OWner C~ did%rent fi:om z~q~plicant),: AddresS.. ' ' ~ Offfciai Use Only Date Rec'd File Pee Paid l~ec'd by Ordinance Sect/on Phone Request: Rezone: ~Comp Plan ~4.me~d:" Si%e Plan: Variance: 'X Special Use: · Subdivi.~ion:. · Ya6ationi Oeer: TOTAL: ,Description of Request (include site plan, survey, and/or plat if applicable): · Date Signamre-'of Owmer D at e lSebruarv 26, 2003 TO: The Honorable Mayor and Council VIII-B-2 FROM: John Grossman, HRA Director RE: Public Hearing on amendments to the Business Subsidy Criteria. SUMMARY: The business subsidy act (1999) requires cities to establish criteria for most forms of public assistance. Hastings adopted its criteria in December, 1999. The State has directed Cities to amend their criteria. The attached copy of the City's existing policy shows amendments marked in section 4.03, requiring that new jobs pay a minimum wage to meet the criteria and section 4.04, requiring a public hearing on an exception to the five year rule. The amendment to section 4.07, requiring that recipients pay ALL city costs related to making the subsidy, is not required by the State, but proposed by staff. BACKGROUND: MINIMUM WAGE FOR NEW ]OBS Recent legislation required cities to adopt a minimum wage for new jobs when job creation is the primary public purpose of the business subsidy. Staff proposes two tiers of minimum wage: 1) $10.00 an hour for manufacturing, trades and professional services; 2) $7.00 an hour for retail, restaurant, hospitality and similar customer services. The wage number is before deductions, not including employer-paid benefits. The Industrial Park 8oard has used $10.00 an hour as its benchmark for recommending land credits (business subsidies) to City Council since 1999. The range of wages agreed to by businesses receiving land credits has been $10.00 to $14.00 an hour. Outside the Industrial Park, redevelopment is likely to include businesses where the entry level wages are between $7.00 and $10.00. Members of the Chamber of Commerce economic development committee thought that $7.00 would be an appropriate entry level figure. RECIPIENT PAYS CITY COSTS Since beginning the land credit program, the City has ,required a $1,000 deposit to cover its legal costs related to negotiating and writing documents related to subsidized land sales. The City has been paying typical seller's closing costs such as deed tax and abstract fees. Staff: proposes that the criteria specify that all costs incurred by the city to provide the subsidy be paid by the recipient. The deposit should be $2,000 and any costs in excess of the deposit would be paid at closing. Any amount not spent would be refunded. RECOMMENDATION: Adopt these amendments to the Business Subsidy Policy. · CITY OF HASTINGS Amended Business Subsidy Criteria Originally adopted after a public hearing by the City Council on the 20th day of December, 1999. Amended after a public hearing by the City Council on the I PURPOSE 1.01 The purpose of this criteria is to establish the policy of the City of Hastings (City) as it relates to the use of business subsidies, as defined in Minnesota Statutes 116J.993, Subdivision 3, (Business Subsidy Law) for private development. This criteria shall be used as a guide in processing and reviewing applications requesting business subsidies. 1.02 The City shall have the option of amending, or waiving sections of this criteria when determined necessary or appropriate. Amendments to these criteria are subject to public hearing requirements pursuant to Minnesota Statutes, Sections 116J.993 through 116J.995. Waivers of criteria are not subject to a public hearing. 1.03 Existing City programs that provide business subsidies are hereby revised to reflect the following Business Subsidy Criteria as deemed necessary and appropriate. 2. STATUTORY LIMITATIONS 2.01 In accordance with the Business Subsidy Criteria, Business Subsidy requests must comply with applicable State Statutes. The ability of the City to grant business subsidies is governed by the limitations established in Minnesota Statutes 116J.993 through 116J.995, and as the law may be amended. 2.02. The definition of a subsidy and exceptions to the law are defined in MS116J.993 - 116J.995 and as the law may be amended. Terms used in this criteria policy statement are intended to have the same meanings as used in the law, and these criteria shall apply only with respect to subsidies granted under the law if and to the extent required thereby. 3. PUBLIC PURPOSE REQUIREMENT 3.01 All business subsidies must meet a public purpose, including but not limited to the following: 1) Increase the tax base. This is not a sufficient public purpose by itself; a subsidized project must have an additional public purpose; 2) Provide for job retention, provided that loss is specific and demonstrable; 3) Create high quality jobs. In general, subsidized projects are expected to add new jobs at competitive wages; 4) Enhance economic diversity. This relates to adjusting to change in the economy by 3.02. 4.01 4.02 4.03 4.04 4.05 replacing declining types of businesses and facilitating development of new types of businesses; 5) Encourage investment in geographic areas which need redevelopment; 6) Facilitate the re-use of historic properties and sound, attractive buildings; 7) Facilitate the cleanup of environmental problems; 8) Facilitate the elimination of substandard buildings or blight; 9) Facilitate the relocation of uses which are non-conforming with the comprehensive plan, zoning ordinance, Shorelands and Critical Areas ordinances, or contribute to unsafe conditions in their present location. Not all projects assisted with subsidies must derive their public purpose and importance solely by virtue of job creation. Worthwhile projects which do not involve job creation may be approved for a subsidy, if permitted by applicable law, with consideration given to the compensating weight of other public purposes. BUSINESS SUBSIDY CRITERIA All new projects approved by the City of Hastings should meet the following minimum criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual rights on the part of any potential developer. Tenants, if any, are not responsible to the City for meeting the goals and conditions of the subsidy unless they are a party to the agreements. The City reserves the fight to waive any provision of these criteria. The project must meet the goals, criteria, guidelines and applicable state legislative restrictions of the specific program for which the applicant is being considered. When creation of jobs is the sole or primary public purpose of the project, the recipient should create the highest realistic number of jobs on the site at competitive wages. The City will establish wages and jobs goals for each project, taking into consideration the regional prevailing wage rates, wages paid for the types of jobs by competitors, regional and local economic and employment conditions, external economic forces beyond local control and the individual financial resources of the recipient. At a minimum, however, gross wages for jobs retained or created will not be less than $10.00 per hour, for manufacturing, trades and professional services, or $7.00 an hour for retail, restaurant, hospitality and similar customer services, not including benefits. A recipient of a business subsidy must make a commitment to continue operations in the City for at least five years after the benefit date unless an exception is authorized by the City following a public hearing. The recipient must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to guarantee repayment of the business subsidy as required by law. The project must conform to Hastings Comprehensive Plan, Land Use, Subdivision and other applicable ordinances; approval of required amendments, variances or special use permits must be under consideration by the City at the time of project approval. 4.06 4.07. 4.08. Business subsidies will not normally be provided to projects that have the financial feasibility to proceed without the benefit of the subsidy unless the public purpose of the project and the subsidy is clear and compensating. Prior to approval of a business subsidy request, the City may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. The developer shall provided market and financial feasibility studies, appraisals, site and building plans, regulatory reports, business records and information provided to private lenders for the project, and other information required by the City. The level of subsidy should be reduced to the lowest possible level and least amount of time by first maximizing the use of private debt and equity financing, other funding sources and income producing vehicles that can be structured into the project. All City costs related to providing a business subsidy, including but not limited to legal, title, survey, recording and closing costs, will be paid by the recipient of the subsidy. Each project shall be evaluated against the following community benefit criteria and the risk and reward of the project to the community considered before approval. The developer shall provide any information or data that the City or its financial consultants may require in order to proceed with evaluation. 1) All business subsidy requests should optimize the development potential of a site. The amount of land provided as a subsidy will be appropriate for the size of the proposed building and reasonable needs of the business. 2) Business subsidies should normally not be used for projects which reduce the property taxes, over the long term, for the site below the amount paid before the project. Consideration will be given to redevelopment, rehabilitation and historic preservation projects which may not increase property taxes. 3) Business subsidies should normally not be used to support speculative industrial, commercial, and office projects. In general, speculative projects are defined as those projects which do not have letters of intent or pre-leasing agreements for an acceptable amount of the available leasable space. 4) Business subsidies will not be used when the developer's credentials, in the sole judgment of the City, are inadequate due to past track record relating to: completion of projects, general reputation and/or bankruptcy, or other problems or issues considered relevant by the City. 5) Business subsidies will not be used to support projects that place unusual or excessive demands on City services, capital or operating expenditures such as reducing the capacity of existing services or exceed the average city expenditures in comparison to similar facilities. Consideration will be given to the total public costs that are required to support the project, including offsite facilities costs and int~astructure requirements. 6) Business subsidies will not be used for projects that would generate significant environmental problems in the opinion of the local, state, or federal governments. 7) Business subsidies will not be used for projects involving heritage preservation sites without the approval of the Heritage Preservation Commission. 8) Business subsidies should normally not be used for projects which are likely to create a situation in other areas of the community which would require additional public assistance, unless the resources are made available for the remedy. 5. SUBSIDY AGREEMENT 5.0lA recipient must enter into a business subsidy agreement with the City which will include, but will not be limited to the following: 1) Description of the subsidy 2) Statement of the public purpose 3) Statement of the reason why the subsidy is needed 4) Goals for subsidy including the number ofjobs created or retained and the wages paid 5) Description of the financial obligation of the recipient if the goals are not met and conditions under which the subsidy must be repaid in all or part 6) Commitment to continue operations in the City for a minimum of five years after the benefit date, as defined in the statute 7) Provisions securing repayment of the subsidy in the event of default or failure to meet goals. 8) Reporting requirements to the City and/or State as detailed in MS116J.994, Subd. 7. 6. PROCEDURES 1. Meet with appropriate City Staffto discuss the scope of the project in which public participation is being requested. Completion of Business Subsidy, Tax Increment or program application form. This form shall be submitted to the City staff or a designated independent feasibility consultant. ge The request shall be reviewed by city staff on a preliminary basis as to the feasibility of the project. The staff shall prepare a report on the project and present the project and request to the appropriate commissions for review and recommendation to Council The application shall be placed on the City Council agenda for concept review. The applicant may make a formal presentation of the project. The Staffwill present its find/n/~$ and thc recommendations of appropriate comn~$ions. If the Council's concept review is positive, the staffwill prepare a development or redevelopment contract, business subsidy agreement based upon the terms approved, a financial analysis or tax increment financing plan if required, and other documents required to complete the transactions. The applicant will provide a deposit (cash or letter of credit) in an amount estimated to deft:ay City costs involved with steps which need to be taken before a redevelopment contract is signed. 6. If Planning Commission action is required, it will be necessary for the applicant, at this time, to make formal application to the commission. Following the necessary financial analysis, preparation of detailed plans, completion of the development/redevelopment contract and business subsidy agreement, the City Council shall hold a public hearing if necessary and take action on the project. If a site plan or zoning action is required, the Planning Commission and City Council shall take the appropriate action at the same time that the development or redevelopment and subsidy agreements are considered for final approval. o The developer reports to the City and the State for two years or until the goals are met, which ever is later, providing the information required, and no later than the time required, by the statute. Mem-o VIII-B-1 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 3, 2003 Subject: 2"d Reading - Rezoning #2002-42 - R-l, Low Density Residence, and R-2 Medium Density Residence to O-I, General Office at the southwest corner of Pine Street and Highway 55 - Mississippi Office Park (Siewert Construction). Please see Public Hearing Staff Report for further information. February 26, 2003 TO: The Honorable Mayor and Council VIII-B-2 FROM: 3ohn Grossman, HRA Director Public Hearing on amendments to the Business Subsidy Criteria. SUMMARY: The business subsidy act (1999) requires cities to establish criteria for most forms of public assistance. Hastings adopted its criteria in December, 1999. The State has directed Cities to amend their criteria. The attached copy of the City's existing policy shows amendments marked in section 4.03, requiring that new jobs pay a minimum wage to meet the criteria and section 4.04, requiring a public hearing on an exception to the five year rule. The amendment to section 4.07, requiring that recipients pay ALL city costs related to making the subsidy, is not required by the State, but proposed by staff. BACKGROUND: MINIMUM WAGE FOR NEW lOBS Recent legislation required cities to adopt a minimum wage for new jobs when job creation is the primary public purpose of the business subsidy. Staff proposes two tiers of minimum wage: 1) $10.00 an hour for manufacturing, trades and professional services; 2) $7.00 an hour for retail, restaurant, hospitality and similar customer services. The wage number is before deductions, not including employer-paid benefits. The Industrial Park Board has used $10.00 an hour as its benchmark for recommending land credits (business subsidies) to City Council since 1999. The range of wages agreed to by businesses receiving land credits has been $10.00 to $14.00 an hour. Outside the Industrial Park, redevelopment is likely to include businesses where the entry level wages are between $7.00 and $10.00. Members of the Chamber of Commerce economic development committee thought that $7.00 would be an appropriate entry level figure. RECIPIENT PAYS CITY COSTS Since beginning the land credit program, the City has' ,required a $1,000 deposit to cover its legal costs related to negotiating and writing documents related to subsidized land sales. The City has been paying typical seller's closing costs such as deed tax and abstract fees. Staff proposes that the criteria specify that all costs incurred by the city to provide the subsidy be paid by the recipient. The deposit should be $2,000 and any costs in excess of the deposit would be paid at closing. Any amount not spent would be refunded. RECOMMENDATION: Adopt these amendments to the Business Subsidy Policy. CITY OF IJ gTINGg Amended Business Subsidy Criteria Originally adopted after a public hearing by the City Council on the 20th day of December, 1999. Amended after a public hearing by the City Council on the I PURPOSE 1.01 The purpose of this criteria is to establish the policy of the City of Hastings (City) as it relates to the use of business subsidies, as defined in Minnesota Statutes 116J.993, Subdivision 3, (Business Subsidy Law) for private development. This criteria shall be used as a guide in processing and reviewing applications requesting business subsidies. 1.02 The City shall have the option of amending, or waiving sections of this criteria when determined necessary or appropriate. Amendments to these criteria are subject to public heating requirements pursuant to Minnesota Statutes, Sections 116J.993 through 116J.995. Waivers of criteria are not subject to a public hearing. 1.03 Existing City programs that provide business subsidies are hereby revised to reflect the following Business Subsidy Criteria as deemed necessary and appropriate. 2. STATUTORY LIMITATIONS 2.01 In accordance with the Business Subsidy Criteria, Business Subsidy requests must comply with applicable State Statutes. The ability of the City to grant business subsidies is governed by the limitations established in Minnesota Statutes 116J.993 through 116J.995, and as the law may be amended. 2.02. The definition of a subsidy and exceptions to the law are defined in MS116J.993 - 116J.995 and as the law may be amended. Terms used in this criteria policy statement are intended to have the same meanings as used in the law, and these criteria shall apply only with respect to subsidies granted under the law if and to the extent required thereby. 3. PUBLIC PURPOSE REQUIREMENT 3.01 All business subsidies must meet a public purpose, including but not limited to the following: 1) Increase the tax base. This is not a sufficient public purpose by itself; a subsidized project must have an additional public purpose; 2) Provide for job retention, provided that loss is specific and demonstrable; 3) Create high quality jobs. In general, subsidized projects are expected to add new jobs at competitive wages; 4) Enhance economic diversity. This relates to adjusting to change in the economy by replacing declining types of businesses and facilitating development of new types of businesses; 5) Encourage investment in geographic areas which need redevelopment; 6) Facilitate the re-use of historic properties and sound, attractive buildings; 7) Facilitate the cleanup of environmental problems; 8) Facilitate the elimination of substandard buildings or blight; 9) Facilitate the relocation of uses which are non-conforming with the comprehensive plan, zoning ordinance, Shorelands and Critical Areas ordinances, or contribute to unsafe conditions in their present location. 3.02. Not all projects assisted with subsidies must derive their public purpose and importance solely by virtue of job creation. Worthwhile projects which do not involve job creation may be approved for a subsidy, if permitted by applicable law, with consideration given to the compensating weight of other public purposes. 4. BUSINESS SUBSIDY CRITERIA 4.01 All new projects approved by the City of Hastings should meet the following minimum criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual rights on the part of any potential developer. Tenants, if any, are not responsible to the City for meeting the goals and conditions of the subsidy unless they are a party to the agreements. The City reserves the right to waive any provision of these criteria. 4.02 The project must meet the goals, criteria, guidelines and applicable state legislative restrictions of the specific program for which the applicant is being considered. 4.03 When creation of jobs is the sole or primary public purpose of the project, the recipient should create the highest realistic number of jobs on the site at competitive wages. The City will establish wages and jobs goals for each project, taking into consideration the regional prevailing wage rates, wages paid for the types of jobs by competitors, regional and local economic and employment conditions, external economic forces beyond local control and the individual financial resources of the recipient. At a minimmn, however, gross wages for jobs retained or created will not be less than $10.00 per hour, for manufacturing, trades and professional services, or $7.00 an hour for retail, restaurant, hospitality and similar customer services, not including benefits. 4.04 A recipient of a business subsidy must make a commitment to continue operations in the City for at least five years after the benefit date unless an exception is authorized by the City following a public hearing. The recipient must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to guarantee repayment of the business subsidy as required by law. 4.05 The project must conform to Hastings Comprehensive Plan, Land Use, Subdivision and other applicable ordinances; approval of required amendments, variances or special use permits must be under consideration by the City at the time of project approval. 4.06 Business subsidies will not normally be provided to projects that have the financial feasibility to proceed without the benefit oftbe subsidy unless the public purpose of the project and the subsidy is clear and compensating. Prior to approval of a business subsidy request, the City may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. The developer shall provided market and financial feasibility studies, appraisals, site and building plans, regulatory reports, business records and information provided to private lenders for the project, and other information required by the City. 4.07. The level of subsidy should be reduced to the lowest possible level and least mount of time by first maximizing the use of private debt and equity financing, other funding sources and income producing vehicles that can be structured into the project. All City. costs related to providing a business subsidy, including but not limited to legal, title, survey, recording and closing costs, will be paid bY the recipient of the subsidy. 4.08. Each project shall be evaluated against the following community benefit criteria and the risk and reward of the project to the community considered before approval. The developer shall provide any information or data that the City or its financial consultants may require in order to proceed with evaluation. 1) All business subsidy requests should optimize the development potential of a site. The amount of land provided as a subsidy will be appropriate for the size of the proposed building and reasonable needs of the business. 2) Business subsidies should normally not be used for projects which reduce the property taxes, over the long term, for the site below the amount paid before the project. Consideration will be given to redevelopment, rehabilitation and historic preservation projects which may not increase property taxes. 3) Business subsidies should normally not be used to support speculative industrial, commercial, and office projects. In general, speculative projects are defined as those projects which do not have letters of intent or pre-leasing agreements for an acceptable amount of the available leasable space. 4) Business subsidies will not be used when the developer's credentials, in the sole judgment of the City, are inadequate due to past track record relating to: completion of projects, general reputation and/or bankruptcy, or other problems or issues considered relevant by the City. 5) Business subsidies will not be used to support projects that place unusual or excessive demands on City services, capital or operating expenditures such as reducing the capacity of existing services or exceed the average city expenditures in comparison to similar facilities. Consideration will be given to the total public costs that are required to support the project, including offsite facilities costs and infrastructure requirements. 6) Business subsidies will not be used for projects that would generate significant environmental problems in the opinion of the local, state, or federal governments. 7) Business subsidies will not be used for projects involving heritage preservation sites without the approval of the Heritage Preservation Commission. 8) Business subsidies should normally not be used for projects which are likely to create a situation in other areas of the community which would require additional public assistance, unless the resources are made available for the remedy. 5. SUBSIDY AGREEMENT 5.0lA recipient must enter into a business subsidy agreement with the City which will include, but will not be limited to the following: 1) Description of the subsidy 2) Statement of the public purpose 3) Statement of the reason why the subsidy is needed 4) Goals for subsidy including the number ofjobs created or retained and the wages paid 5) Description of the financial obligation of the recipient if the goals are not met and conditions under which the subsidy must be repaid in all or part 6) Commitment to continue operations in the City for a minimum of five years after the benefit date, as defined in the statute 7) Provisions securing repayment of the subsidy in the event of default or failure to meet goals. 8) Reporting requirements to the City and/or State as detailed in MS116J.994, Subd. 7. 6. PROCEDURES 1. Meet with appropriate City Staffto discuss the scope of the project in which public participation is being requested. Completion of Business Subsidy, Tax Increment or program application forrm This form shall be submitted to the City staff or a designated independent feasibility consultant. o The request shall be reviewed by city staff on a preliminary basis as to the feasibility of the project. The staff shall prepare a report on the project and present the project and request to the appropriate commissions for review and recommendation to Council The application shall be placed on the City Council agenda for concept review. The applicant may make a formal presentation of the project. The Staff:will present its ~ding~ and the teeommendatiom of al~propHate commissions. Ge o o If the Council's concept review is positive, the staffwill prepare a development or redevelopment contract, business subsidy agreement based upon the terms approved, a financial analysis or tax increment financing plan if required, and other documents required to complete the transactions. The applicant will provide a deposit (cash or letter of credit) in an amount estimated to defray City costs involved with steps which need to be taken before a redevelopment contract is signed. If Planning Commission action is required, it will be necessary for the applicant, at this time, to make formal application to the commission. Following the necessary financial analysis, preparation of detailed plans, completion of the development/redevelopment contract and business subsidy agreement, the City Council shall hold a public hearing if necessary and take action on the project. If a site plan or zoning action is required, the Planning Commission and City Council shall take the appropriate action at the same time that the development or redevelopment and subsidy agreements are considered for final approval. The developer reports to the City and the State for two years or until the goals are met, which ever is later, providing the information required, and no later than the time required, by the statute. Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 3, 2003 Subject: Bogart, Jon (Arby's Restaurant) - Site Plan Review #2003-10 to construct a restaurant at 1702 Market Blvd. REQUEST Jon Bogart seeks site plan approval to construct a 3,276 s.f. Arby's Restaurant on the southwest corner of General Sieben Drive and Highway 55 (1702 Market Blvd)in Hastings Marketplace. RECOMMENDATION The Planning Commission voted 4-0 to recommend approval of the request at the February 24, 2003 meeting, subject to the conditions of the attached resolution. Discussion focused on access and circulation of the site as well as architectural elevations of the building. Please see the attached minutes for further information. ATrACHMENTS · Resolution · Location Map · Site Plan · Architectural Elevations · Planning Commission Minutes ~ February 24, 2003 · Application Jon Bogart (Arbys Restaurant) Site Plan Review City Council Memo - March 3, 2003 Page 2 BACKGROUND INFORMATION Comprehensive Plan Classification The proposed use conforms to the Comprehensive Plan designation of C, Commercial Zoning Classification The subject property is zoned C-4, Regional Shopping Center. as a permitted use. Restaurants are identified Adjacent Zoning and Land Use The following land uses abut the property: Direction Existinq Use North Hwy 55 Wal-Mart East Gen Sieben Drive Target South Market Blvd Cub Foods West Cub Parking Lot Zoninq C-4- Regional Shop. C-4 - Regional Shop. C-4 - Regional Shop. C-4- Regional Shop. Comp Plan C-Commercial C-Commercial C - Commerdal C- Commerdal Existing Condition The existing site is relatively fiat and open. Topography slopes down from a high point at the intersection of General Sieben Drive and Highway 55 approximately 8 feet. SITE PLAN REVIEW Zoning Setbacks Zoning Setbacks in the C-4 District are not specified. Proposed setbacks are similar to neighboring buildings along Highway 55, and General Sieben Drive. The building will be approximately 90 feet from the Highway 55 right-of-way, and 115 feet from General Sieben Drive. Building placement does not present any site visibility issues. Access and Circulation Access is proposed at three locations, two full access entrances along the western property line adjacent to the Cub Foods Parking Lot, and one "right-in only" entrance from Market BIvd on the south. Direct access to Highway 55 and General Sieben Drive is not proposed or permitted. The access points along the western boundary are well placed to provide adequate ingress and egress between the site and surrounding development. Jon B0~/art (Arby$ RestaurantI Site Plan Review Planning Commission Memo - February 24, 2003 Page 3 The restaurant would include a drive-thru window. Adequate stacking room has been identified for cuing of drive-thru vehicles. Vehicle stacking does not negatively affect full access around the building. The following changes are recommended: 1) Incorporate concrete island medians at the two west entrances to better channel traffic. Installation of the medians will prevent vehicles from entering the drive-thru to block traffic on the southwest entrance and better direct traffic around a larger radius and opening at the northwest entrance. 2) Better restrict access to the right-in entrance from Market Blvd. A combination of narrowing the drive aisle, signage, or narrowing the entrance to the parking lot must be implemented to restrict vehicles from exiting to Market Blvd the wrong way. Off-Street Loading A designated off street loading area of at least 250 square feet is required for all buildings less than 5,000 s.f. and must be identified on the Site Plan as' stipulated in the Zoning Ordinance. Parking The Site exceeds minimum parking requirements. Parking is provided as follows: ISite Restaurant ~ 90 seats Required Spaces Proposed Spaces 30 (1:3 seats.) 48 All parking areas must be constructed of bituminous surfacing and concrete curb and gutter. Parking Lot Setback The parking lot setback meets the minimum 10 foot requirement along the perimeter of the property. Pedestrian Access Pedestrian access is adequate. A sidewalk presently exists adjacent to General Sieben Drive, and on the south side of Market Blvd. Architectural Elevations The building exterior is primarily block. The block work is variated and incorporates a variety of textures and colors. The building is segmented to break up the mass. Staff and the Planning Commission have expressed a desire to see more brick on the building. Jon Bogart (Arbys Restaurant) Site Plan Review Planning Commission Memo - February 24, 2003 Page 4 Any rooftop equipment must be completely screened from the front elevation, any part of the rooftop equipment that is visible from any other elevation must be painted to match the building on which the equipment sits. Trash and Recycling Enclosure A trash and recycling enclosure is proposed at the southeast corner of the parking lot. The. exterior treatment matches the primary building. Staff proposes the following modification: 1) Relocate the trash and recycling enclosure to eliminate service vehicle interference with parking lot ingress and egress. In order to service the enclosure, vehicles would block the southern entrance. Landscape Plan The Landscape Plan provides for a variety of tree and shrub plantings along the building, roadways and parking lot. The following additions are needed to comply with minimum requirements: 1) Shrubs plantings along the perimeter of the parking lot must be planted at a density great enough to provide for a continuous plant mass consistent with the remaining areas of Hastings Marketplace. 2) All landscaping and plantings shall be irrigated. Lighting Plan A photometric lighting plan has been submitted. The parking lot would be lit with poles and lights similar to remaining areas of Hastings Marketplace. The following changes are recommended: 1) Lighting illumination must be reduced. Average foot candle illumination should be consistent with remaining areas of Hastings Marketplace. Illumination is limited to 0.5 foot candles at the perimeter of Hastings Marketplace. Signage One monument sign is proposed adjacent to General Sieben Drive and Highway 55. Although sign permit review will take place after site plan approval, the following regulations are applicable: The monument sign is limited to 50 square feet in size and must be no greater than 6 feet high. Building signage is limited to 5 percent of the elevation or 40 square feet (whichever is greater). Directional signs are allowed up to 4 feet in height and 2 square feet in size. Jon Bogart (Arbys Restaurant) Site Plan Review Planning Commission Memo - February 24, 2003 Page 5 Fencing and Walls Fencing or walls have not been indicated on the site plan. Construction of any fencing or walls must be approved by the Planning Director. Grading and Utility Plans Preliminary Grading and Utility Plans have been submitted for cursory review. The applicant must obtain formal approval of the Grading and Utility Plans by the Public Works Director as a condition for approval. Minnesota DOT Review Plans have been submitted to the Minnesota Department of Transportation for their review and approval. The applicant shall address any MNDOT requirements as conditions of approval. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN OF JON BOGART (ARBY'S RESTAURANT) LOCATED AT 1702 MARKET BOULDEVARD, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, Jon Bogart has petitioned for approval to construct a 3,276 square foot restaurant (Arby's) at 1702 Market Boulevard on land owned by RTM Restaurant Group, legally described as Lot 2, Block 1, HASTINGS MARKETPLACE WEST, Dakota County, Minnesota; and WHEREAS, on February 24, 2003, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and 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 Jon Bogart to construct a 3,276 square foot restaurant subject to the following conditions: 1) Identify any fences or walls including materials on the site plan. 2) Re-lable Street "A" as Market Blvd. 3) Better restrict access to the right-in entrance from Market Blvd. 4) Incorporate concrete island medians at the two west entrances to better channel traffic. s) A designated offstreet loading area of at least 250 square feet must be identified on the Site Plan and kept free of parking as stipulated in the Zoning Ordinance 6) Shrubs plantings along the perimeter of the parking lot must be planted at a density great enough to provide for a continuous plant mass consistent with the remaining areas of Hastings Marketplace. 7) Illumination must be reduced. Average foot candle illumination should be consistent with remaining areas of Hastings Marketplace. Illumination is limited to 0.5 foot candles at the perimeter of Hastings Marketplace. 8) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) Direct access to Minnesota Highway 55 is prohibited. All parking and drive aisle areas shall be constructed to City standards including bituminous surfacing and concrete curb and gutter. All landscaping and plantings shall be irrigated. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. Any rooftop equipment must be completely screened from the front elevation, any part of the roof top equipment that is visible from any other elevation must be painted to match the building on which the equipment sits. Monument signs shall be architecturally consistent with the buildings on site and incorporate similar materials into their construction. Relocate the waste enclosure area to allow for adequate parking for service vehicles, and landscape the perimeter to help screen the building. Adherence to Minnesota Department of Transportation comments or requirements. Adherence to the provisions of the Development Agreement for HASTINGS MARKETPLACE, including assessments for utility and roadway improvements. Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 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. 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 vote adopted by present. moved a second to this resolution and upon being put to a Ayes: __ Nays: Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a tree and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of February, 2003, 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 This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 (S AL) 3 0 e ;~ oooee~o~eooooo,eoe ~ :~,~ ~l ~ N~ 'SONI~SVH , ' : t Jl I I I I'[ [ I I I I I~'l ~' : ~, ~ al I I I [ [ [ I I I I 1~ I I ~~ ~ ~ a ~ ~ ':~--_, ~ e / ~ ; ~ i~t i~ I : :~ e~aa~ N~ 'SONIISVH Z 0 :' :'::,": :" "~' lllllllllllllhll],Jlllllllll [~ [~ ~..-~-.~---~ ....................... L___~_~ *¢~**** ,i ,.~ ~5-' .............. ~ .... x ~g~ ~ l t /.I' ~ i , .,il, ILl,! i,~lllllll :' ! lJltlllllllll ~ I E i!i tt tt I ~'L~'gg NFl 'OlaJJ. n8 NFl 'sSuRsDH dn°Jo ~.uoJno~s@EI F,I.L~ NIN 'sDuRsoH IIAgTINGg PLANNING COMMISSION February 24, 2003 Regular Meeting 7:00 pm Chairman Anderson called the meeting to order at 7:04 pm. 1. Roll Call Commissioners present: Alongi, Anderson, Greil, and Truax Commissioners Absent: Hollenbeck, Michno, Twedt Staff Present: Planning Director John Hinzman 2. Approve February 10, 2003 Planning Commission Minutes Motion by Commissioner Truax, Second by Greil to approve the Minutes of the February 10, 2003 Planning Commission as presented by staff. Motion passed unanimously. Bogart, Jon (Arby's Restaurant) - Site Plan Review #2003-10 to construct a 3,276 square foot restaurant at 1702 Market Blvd. Director Hinzman presented the staff report and background on the proposal, including a revised site plan, landscape plan, and architectural elevations. Commissioner Alongi questioned the affect of the reconfigured drive thru on traffic entering the site at the southwest corner - will vehicles entering the drive-thru block access in the parking lot? Director Hinzman stated a concrete island should be added at the entrance to channel traffic, to avoid vehicle blocking. Jon Bogart, Bogart Pederson, applicant stated adding the island would not be a problem. Commissioner Greil noted directional signage on site appears to exceed the maximum requirement. Mr. Bogart stated he was aware of the code, and would revise the signage before permit submittal. Commissioner Truax questioned the slope from the intersection of General Sieben Drive and Highway 55 to the parking lot - It appeared to be steep - should it be retained? Mr. Bogart stated the slope was 4:1. Director Hinzman stated retaining is generally required when slopes exceed 4:1. Commissioner Alongi asked for clarification between the colored elevations submitted in the staff report, and the revised elevations submitted at the meeting - are the colors the same? Kent Doble, RSP Architects stated the colors are identical, the only thing that has changed was the brick was replaced with block. Chairman Anderson asked why block was substituted for brick on the building, he prefers the design of the brick building. Commissioner Alongi stated the new location of the dumpster should be examined so as not to interfere with traffic entering the site from the south. Mr. Bogart agreed to move the dumpster further east and landscape it to allow for parking of service vehicles. Chairman Anderson asked if the right-in entrance from Market Blvd was really necessary? Mr. Bogart stated the owner of Arby's strongly desires the entrance - the entrance is similar to the approved gas station previously approved for the site. He further stated he has worked with staff to reconfigure the drive-thru and building to eliminate concern over vehicle stacking at the entrance, in order to preserve it. Commissioner Alongi asked if three entrances were really needed - could the southwest entrance be eliminated. Mr. Bogart stated he would prefer all entrances to better distribute traffic. Chairman Anderson asked if brick could be incorporated into the bottom band of the building. Planning Commission Action: Commissioner Alongi moved and Commissioner Greil seconded a motion to recommend approval of the Site Plan Request of Jon Bogart (Arby's Restaurant) located at 1702 Market Boulevard subject to the following conditions: 1) 2) 3) 4) 5) 6) 7) 8) Identify any fences or walls including materials on the site plan. Re-lable Street "A" as Market Blvd. Better restrict access to the dght-in entrance from Market Blvd. A designated off street loading area of at least 250 square feet must be identified on the Site Plan and kept free of parking as stipulated in the Zoning Ordinance Shrubs plantings along the perimeter of the parking lot must be planted at a density great enough to provide for a continuous plant mass consistent with the remaining areas of Hastings Marketplace. Illumination must be reduced. Average foot candle illumination should be consistent with remaining areas of Hastings Marketplace. Illumination is limited to 0.5 foot candles at the perimeter of Hastings Marketplace. Direct access to Minnesota Highway 55 is prohibited. All parking and drive aisle areas shall be constructed to City standards including bituminous surfacing and concrete curb and gutter. 9) All landscaping and plantings shall be irrigated. 10) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 11) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 12) Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 13) Any rooftop equipment must be completely screened from the front elevation, any part of the roof top equipment that is visible from any other elevatiOn must be painted to match the building on which the equipment sits. 14) Monument signs shall be architecturally consistent with the buildings on site and incorporate similar materials into their construction. 15) · Relocate the waste enclosure area to allow for adequate parking for service vehicles, · and landscape the perimeter to help screen the building. 16) Adherence to Minnesota Department of Transportation comments or requirements. 17) Adherence to the provisions of the Development Agreement for HASTINGS ~MARKETPLACE, including assessments for utility and roadway improvements. 18) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy, 19) 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, Nays: 0. Motion carried. Recommendation will be presented to the City Council at the March 3, 2003 regular meeting. 4. Other Business Director Hinzman provided an update of upcoming planning items Adjournment With no further business, the meeting was adjoumed at 7:45 pm. Respectfully submitted, John Hinzman Recording Secretary 6-2003 04:27pm From-ET~ ~IDA~RICA +31U053003 T-498 P.002/004 F-3Z1 ' USE APPLICATION, Description of.~r~enT lavol*cd; Appticamt: Name Phcma ?~_ ~_~_v~..,.z.-,..~O_~ ~z-- l~-c'd by P~one 317 .va~- ff~ .... gequmc , , _ Sp~ Use: _ · ,. ,, ' sit,~m; ~~ ....... o~ De~crip~iou of Request (in;iud= site plaa, survey, mid/or plat if applicable): · s,~, ?I:~ ~.,J c,,- ?,,-.-,.. t._ ...,~,-_ r,_~,,&. . Asr~. XAc. I 8 --® ®®® ARBY'S RESTAURANT RTM RESTAURANT gROUP HASTINGS, MN SITE PLAN ® © ® ® ®®®® ® ®®® CHECKED BY: FILE NO.: i'03003.0~~ DESCRIPTION MIRRORED LAYOUT EDITS TO ~AY~ O~ .=lrn o~ ~Z O~ O.< Z O O Z vm-c-1 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator February 27, 2003 Le Duc Mansion Real Estate Transfer Agreement Attached to this memorandum are copies of the most recent agreements between the City of Hastings and the Minnesota Historical Society (MHS) regarding the pending transfer of the LeDuc Mansion to the City of Hastings. One document is the main real estate' transfer agreement, and the second is a listing of the restrictive covenants that will be placed on the property. Staff'would like to review each of these documents during the course of the meeting on Monday March 3, 2003. While normally this might result in discussion with the Historic Preservation Committee of the City Council, the timing and importance of topic is such that full City Council discussion is recommended. By way of background, the City Council may recall that a previously adopted Resolution provided the conditions in which the City of Hastings would accept ownership of the LeDuc Mansion. The core conditions of the Resolution in which Staff has been working include the following: a.) MHS will before transfer bring the LeDuc house in compliance with all building and fire codes in effect at the time for public access and for educational, office and gathering uses intended by the City and Dakota County Historical Society. b.) The CB Simmons endowment, trust and associated earned income will in their entirety be transferred to the City to support the donor's intent to maintain and operate the property. c.) The City and MHS enter into an acceptable agreement transferring the property. d.) MHS will make collections related to LeDuc and Simmons available for education and interpretation. e.) City and DHS will enter into an acceptable agreement to fund and support improvements, maintenance, operations and interpretation of the site. With these conditions in mind, the MHS was able to secure $1 million from the State of Minnesota, last year to allow for renovation of the LeDuc Mansion. As noted in Exhibit E of the attached Real Estate transfer agreement, the $1 million is available, provided the City and MHS enter into an agreement by March 31, 2003. Thus, the importance of timing of reviewing the information contained in the agreement. Staff has another meeting with the MHS Staff on Friday February 28, 2003, thus additional commentary and suggestions may be forthcoming on Monday. For now, consider the following elements of the agreements. Real Estate Transfer Agreement $1 million is set aside for rehabilitation of the LeDuc Mansion, with the other $200,000 set aside for engineering, architect and other "soft" costs. This is the total amount of funds that will be provided by MHS. Should additional costs be incurred or needed to complete the project, they will not be forthcoming from the State of Minnesota or MHS. As illustrated on the attached spread sheet, the improvements under the headings of" Code Items" and "Building and Site Integrity" are those that are'. expected to be covered under the $1.2 million. Those improvements under "additional" will not be a part of the $1 million of State bond proceeds. In the event there are cost overruns, each party will have an opportunity to review the situation, to determine if any improvements should be eliminated, or if the trust and endowment funds should be'expended. The MHS cannot "unreasonably" refuse to do so. The trustee has the final say on whether or not any trust funds are to be used. The entire sequence of events that is forthcoming under the current situation is critical to understand. A real estate transfer agreement of must be signed b,y March 31. Sometime after that, the MHS will solicit bids for the construction project. Before awarding of the contract, the City is seeking to have an opportunity to review the bids, and determine that a contract can be awarded that meets the budget. Assuming that is the case, the contract will be awarded and work will commence. The City will need to close on the property after construction is completed and a Certificate of Occupancy is issued. Any budget shortfalls during construction will be the financial obligation of the City and/or funding from the trust/endowment will be sought. MHS is seeking provisions in the agreement that result in the trust and endowment funds being returned, in the event the LeDuc Mansion is no longer operated as a Historic Site. The City is seeking a provision that suggests return of the funds, only if the property is sold. The facility must be open to the public on a regular basis. The City is seeking clarification on the designation of the LeDuc Mansion from the MHS regarding its designation, from a building code perspective. Cost estimates enclosed are based on a "residential" designation. Recent meetings with MHS, suggest that the State Building Codes Division may designate the facility more as a business, which would result in greater and more costly improvements to comply with code requirements. MHS will loan the historical items, not transfer ownership. Certain costs may be incurred by the DHS and/or City for transfer of the items. Restrictive Covenants Document Changes to the facility, grounds, landscaping, driveway and wa~ways, will require review and approval by the Minnesota State Historic Preservation Office. The City will have a right to lease the LeDuc Mansion, subject to MHS approval. MHS will have to approve any leases the City enters into with any other person or entity. Disputes regarding this document will be subject to arbitration. Because the Minnesota State Historic Preservation Office is listed in the agreement, but not a signatory to the agreement, the City Staff is seeking clarification on the exact method of securing agreement of the State Historic Preservation Office to the arbitration process. The City will be required to keep and operate the property as a historic site and open to the public on a regular basis. Failure to do so, will cause the trust and endowment to go back to the MHS, even though the City will be obligated to maintain and operate the property. Program Funding Staffhas enclosed a copy of a funding "matrix" that was prepared in November, 2001 by the Le Duc "committee" illustrating the potential costs associated with the operation of the LeDuc Mansion. Council will note the projected expenses of $75,810, compared to the projected programming revenue of $40,060, resulting in a projected deficit of $35,750. Note the line item that suggests funding needed from "Simmons Funds". Staff has not completed a long term capital improvement funding projection for the property. However, usage of the Simmons Funds is the method in which such improvements will be funded. Staff will seek to gather more definite information on the amounts available in the trust and endowment. As noted previously, Staffhas another meeting with MHS on Friday aftemoon, and thus more changes may be forthcoming in the agreements. Staff will review the contents of this memorandum, and seek City Council direction and feedback, as we seek to reach an agreement by March 31, 2003 City A~ REAL ESTATE TRANSFER AGREEMENT This Agreement is made and entered into as of the day of a 2003, by and between the Minnesota Historical Society, a chartered public institution under the laws of Minnesota ("MHS") and the City of Hastings, a ("City"). RECITALS 1. MHS is the fee owner of that certain real estate located in the City of Hastings, Dakota County, Minnesota, on property legally described on Exhibit A attached hereto and by this reference incorporated herein, together with all hereditaments and appurtenances pemining to such tract, and all improvements located thereon, including, without limitation, all of MHS's right, rifle, and interest in and to adjacent streets, alleys and rights-of- way (hereinafter, together, the "LeDuc Property"). 2. The LeDuc Property contains the William G. LeDuc House, together with a carriage house and barn (collectively the "LeDuc House Improvements"). 3. The LeDuc Property is part of the statutorily defined Historic Sites Network as outlined in Minnesota Statutes, Sections 138.661-669. The LeDuc Property is a nationally-significant historic site, noted for its architecture and landscape. It was listed on the National Register in 1970. The layout of the property and many of its buildings were modeled after designs of the influential 19th Century architect, Andrew Jackson Downing. Key historical and architectural elements from that period remain intact. In addition, the site gains significance from association with the LeDuc Family. 4. MHS also owns approximately 108 items related to the LeDuc family, the LeDuc Property, and the LeDuc House Improvements identified in MHS's LeDuc Site Collections Project (the "LeDuc Collections"). 5. MHS has obtained one million dollars ($1,000,000) in funding from the State of Minnesota pursuant to Laws of Minnesota, 2002: Ch. 393, § 28, Subd. 2(b), a copy of which is attached hereto as Exhibit E and plans to use such funding, along with two hundred thousand dollars ($200,000) in additional funds, to make repairs to the LeDuc House Improvements. 6. MHS currently owns an endowment fund, consistently of securities, other investment assets, and cash maintained by MHS in approximately five separate funds for accounting purposes, as more particularly described on Exhibit B attached hereto and incorporated herein by reference (collectively, the "Simmons Endowment Fund"). The Simmons Endowment Fund was established by Carroll B. Simmons in 1987 for the purpose of preserving, repairing and operating the LeDuc Property. 7. The Simmons Endowment Fund is the designated charitable beneficiary of that certain trust created by the Last Will and Testament of Carroll B. Simmons dated July 13, 1987 (the "Simmons Trust"), established for the purpose of preserving, repairing and operating the LeDuc Property. The trustee of the Simmons Trust is US Bank Corporation (the "Trustee"). The terms of the Simmons Trust, as reformed, require the Trustee to pay annually all net income from the Simmons Trust to the Simmons Endowment Fund. 8. MHS has agreed to transfer to the City, and the City has agreed to accept title to the LeDuc Property on the terms set forth in this Agreement. 9. MHS's governing board, the Executive Council, authorized, by resolution, on December 17, 2002, the transfer of the LeDuc Property to the City of Hastings. A copy of this resolution is attached as Exhibit F. 10. The City of Hastings has passed a resolution agreeing to accept title to the LeDuc Property. A copy of this resolution is attached as Exhibit G. 2239586v6 NOW~ THEREFORE, in consideration of the foregoing and of other good and valuable consideration, the receipt and sufficiency of which both parties hereby acknowledge, MHS and the City hereby agree with each other as follows: 1. Rehabilitation of LeDuc House Improvements. Following execution of this Agreement, MHS agrees to pay One Million Two Hundred Thousand and 00/100 Dollars ($1,200,000) (the "LeDuc House Rehabilitation Funds") toward rehabilitation of the LeDuc House Improvements. The rehabilitation work to be performed by MHS pursuant to this Agreement shall include portions of the work described on the Prioritized Work List and Cost Estimates Worksheet attached hereto as Exhibit C (the "LeDuc House Improvements Work List"). In performing such work, MHS agrees to apply the LeDuc House Rehabilitation Funds, first, toward the work described in the "Code Items" column of the LeDuc House Improvements Work List; second, to the items described in the "Building & Site Integrity" column of the LeDuc House Improvements Work List, and finally, to the items described in the "Additional" column of the LeDuc House Improvements Work List. The MHS will be responsible for monitoring, reviewing and completing all work done. The City. may designate a qualified representative, who will be approved by the MHS, to assist in monitoring the rehabilitation work while it is in progress. If the LeDuc House Rehabilitation Funds are insufficient to complete all items in any column, the City may request that MHS apply proceeds of the Simmons Endowment Fund to complete the remaining items, and MI-IS shall not unreasonably refuse any such request. If sufficient funds from the Simmons Endowment Fund are not made available to complete all items on the LeDue House Improvements Work List, MHS and the City shall agree on which items will be completed with the Leduc House Rehabilitation Funds: The City may, but shall have no obligation to, spend funds in addition to the LeDuc House Rehabilitation Funds to accomplish any such work that cannot be completed using the LeDuc House Rehabilitation Funds. In no event shall MHS be responsible for performing any maintenance or improvements to the LeDuc House Improvements over and above the work described above that can be accomplished using the LeDuc House RehabilitatiOn Funds and any Simmons Endowment Fund funds made available for such purpose by MHS. At closing, MHS shall assign to the City any and all warranties related to such work. The City acknowledges and agrees that MHS shall have no liability for any defects in the work performed pursuant to this Section l, and the City agrees to look only to the contractors engaged by MHS for correction of any defects. MHS agrees to use its best efforts to complete all rehabilitation work described in this Section 1 on or before a April 30, 2004. 2. Transfer of LeDuc Property, Simmons Endowment Fund and Simmons Trust. Promptly following completion of the rehabilitation of the LeDuc House Improvements described in Section 1, above, MHS agrees to transfer to the City, and the City agrees to accept from MI-IS, MHS's entire right, title and interest in and to the LeDuc Property; the Simmons Endowment Fund and all property contained therein, both tangible and intangible; and as charitable beneficiary under the Simmons Trust by virtue of its ownership of the Simmons Endowment Fund; subject to the reservations described below. Closing on the transfer of such property shall occur at a mutually- convenient time and place. The City agrees to accept tide to the LeDuc Property in its "as-is" condition. The City's acceptance of title to the LeDuc Property shall represent the City's acknowledgement and agreement that: a. MHS has not made any written or oral representation or warranty of any kind with respect to the LeDuc Property (including, without limitation, express or implied warranties of title, merchantability, or fitness for a particular purpose); b. The City has not relied on any written or oral representation or warranty made by MHS, its agents or employees with respect to the condition or value of the LeDuc Property; c. The City has had an adequate opportunity to inspect the condition of the LeDuc Property, including, without limitation, any environmental testing, and the City is relying solely on such inspection and testing in accepting title to the LeDuc Property; and d. The condition of the LeDuc Property is fit for the City's intended use. The City agrees to accept all risk of claims, including, without limitation, any claims arising under any environmental law, whether past, present or future, existing or contingent, known or unknown, arising out of, resulting from or relating to the condition of the LeDuc Property. 2239586v6 2 3. Closing; Documents; Possession. On the closing date, MHS shall deliver to City those items set forth in Section 7 hereof. MHS shall deliver possession of the LeDuc Property to City on the Closing Date, and the City agrees to pay for all utility and other services provided to the LeDuc Property from and after such date. 4. Use Restrictions; Reversion of Simmons Endowment and Trust Fund~. The City agrees to maintain and operate the LeDuc Property as a historic site, open to the public on a regular basis. In addition, the City acknowledges that the LeDuc Property has been improved with funds from the State of Minnesota Bond Proceeds Fund and acknowledges that the use of state bond funds on the property requires restrictions on the future use of the property, and potential future disposal of the property as governed by the Minnesota Constitution, Minnesota Statutes, including but not limited to Minn. Stat. § 16A.695, and Commissioner's Orders, as amended, of the Department of Finance (collectively, the "Bonding Laws"). At closing, prior to transfer of the LeDuc Property to the City, the City acknowledges and agrees that MI-IS shall execute and record against the LeDuc Property a Declaration in the form of Exhibit D attached hereto (the "Declaration"). If the City ceases for a period greater than ~' 18 months, to maintain and operate the LeDuc Property as a historic ~' site open to the public and in compliance with the Bonding Laws, MHS agrees to notify the City of such lapse, and the City shall immediately correct such default. If such default has not been corrected within 30 days following receipt of notice from MHS, the City shall promptly reconvey the Simmons Endowment Fund and the Simmons Trust Fund to MHS to be used for its discretionary use in connection with the State Historic Sites Network, or any successor program whereby MHS manages historic sites. The City shall have the right to lease the LeDuc Property to the Dakota County Historical Society ("DCHS"), or, subject to MHS's prior written approval, which shall not be withheld unreasonably, to another similar nonprofit or governmental entity, for the purposes described in this Agreement. Any lease to DCHS or to any permitted successor or replacement tenant shall be expressly subject and subordinate to the Declaration. The transfer and conveyance of MHS' ownership of the Simmons Endowment Fund and beneficiary interest in the Simmons Trust is conditioned upon the City's agreement to maintain and operate the LeDuc Property as ~- __a historic site, open to the public on a regular basis and in compliance with the Bonding Laws. This transfer and conveyance of the said interest in the Simmons Endowment Fund and Simmon's Trust is therefore subject to reversion to MHS, and re-conveyance by the City to MHS, if the City defaults under its agreement to maintain and operate the LeDuc Property as -~ __a historic ~' site open to the public and in compliance with the Bonding Laws, as provided in this Section 4, and fails to correct such default within 30 days as provided herein or if the LeDuc House Improvements are destroyed. Upon the occurrence of such event, the City shall promptly take all steps necessary and execute all documents necessary or desirable to re-convey ownership of the Simons Endowment Fund and its beneficial interest in the Simmons Trust to MHS. 5. Risk of Loss; Insurance. Until the closing date, MHS shall bear the risk of loss to the improvements thereon due to fire or other casualty. Accordingly, until said closing date, MHS shall keep in full force and effect a policy insuring said improvements against loss by all risks insured against under a standard form of Minnesota All-Risk coverage, in an amount not less than the full replacement cost thereof. In the event of "substantial" damage or destruction to said improvements prior to the closing date, MHS shall have the right, by notice to the City, and the City shall have the right, by notice to the MHS, either to (a) terminate this Agreement,, or (b) close the transfer herein provided. In the event MHS elects alternative (b), MHS shall apply any and all insurance proceeds received by MHS toward repairing the applicable damage, and the closing date shall be postponed until any repairs have been completed. 6. Access to Property_. During the term of this Agreement, MHS will give the City, its agents and representatives reasonable access to the Property, and MHS shall furnish the City with any other information concerning the Property which the City may reasonably request. 7. Items To Be Delivered At Closing. MHS shall deliver to City at closing all of the following items: 2239586v6 3 a. A properly executed and acknowledged Quit Claim Deed for the LeDuc Property from MHS; b. Properly executed assigrmaents of all guaranties, warranties, roof bonds and other contractual agreements made by contractors, sub-contractors and material and equipment suppliers and by MHS, with respect to the Property; c. Copies of such plans and specifications, to include as-built drawings for the LeDuc House Improvements as MHS may have in its possession; d. General Bill of Sale conveying MHS's interest in the Simmons Endowment Fund and its beneficiary interest in the Simmons Trust; e. All necessary instruments of transfer requested by any bank, broker or investment agent maintaining accounts for or holding securities or other assets of the Simmons Endowment Fund; and f. Any other documentation and instructions reasonably required to accomplish the transfer to the City. 8. Acknowledgement of Trustee. Notwithstanding the transfer of ownership of the Simmons Endowment Fund by MHS to the City, the Simmons Endowment Fund will remain the named and proper charitable beneficiary of the Simmons Trust. MHS shall inform the Trustee of the transfer of the Simmons Endowment Fund to the City and shall a obtain written acknowledgement of and consent to said transfer on or prior to the closing. 9. Restrictions on Operations of the Simmons Endowment Fund. a In connection with its use, investment, and distribution of assets from the Simmons Endowment Fund, a the City hereby agrees to comply fully with the terms of a Carroll B. Simmons' original letter of transfer a, as well as with applicable provisions of law, including without limitation Minnesota law regarding the investment and use of charitable funds and institutional funds~ 10. Loan of LeDuc Collections. MHS agrees to make the LeDuc Collections available to the City and/or DCHS for use at the LeDuc Property on the terms set forth in this section 10. Items from the LeDuc Collections will be loaned to the City/DCHS. Ownership shall be retained by MHS at all times. The terms of the loan shall be determined by the policies and procedures found in the Minnesota Historical Society Collection Management Policy of MHS as amended from time to time or by any replacement or successor policy. Only those items in the LeDuc Collections approved for loan by MHS's curators will be made available to the City/DCHS. No items from the LeDuc Collections will be made available to the City/DCHS until the William G. LeDuc House has been improved to a Level 4, Partial Control Climate as defined by MHS's Conservation Department in its Building Standards for Climate Control, as amended from time to time, and each loan of materials from the LeDuc Collections shall be contingent on the City maintaining the LeDuc House at such level throughout the term of the loan. Prior to receiving any of the LeDuc Collections materials, the City must prepare and file with MHS a complete Standard Facilities Report form, and must update such form as required to maintain its accuracy. Any and all costs associated with completing each loan agreement and transporting and displaying materials from the LeDuc Collections shall be borne by the City and/or DCHS. The City and/or DCHS agree to maintain insurance covering items from the LeDuc Collections loaned to the City/DCHS in amounts and on terms acceptable to MHS and naming MHS as an additional insured. 11. Notice. Any notice required or permitted hereunder shall be in writing and shall be deemed given when hand delivered to City or to an officer of MHS or when mailed, certified mail, postage prepaid, addressed as follows: If to MHS: Minnesota Historical Society 345 Kellogg Blvd. W. St. Paul, MN 55102-1906 Attn: 2239586v6 If to City: City of Hastings 12. Indemnification Against Brokerage Fees Or Commission. The City and MHS each indemnity and hold the other harmless from any claim for any brokerage fee or commission or finder's fee or commission claimed or incurred as the result of the action of the other party. 13. Default. In the event of any default hereunder by the City which is not cured within a period of thirty (30) days following notice from MHS to the City that such default exists, MHS's shall have a right to specific performance of the City's obligations under this Agreement or to any other remedy available at law or in equity. Nothing contained herein shall deprive the City of the remedy of specific performance. 14. Choice of Law. This Agreement is entered into in the State of Minnesota and concerns Minnesota real estate. Consequently, its validity, performance, interpretation and enforcement shall be governed in all respects by Minnesota law. 15. Entire Agreement. This Agreement supersedes any prior oral or written agreement or understanding between the parties and constitutes the entire understanding of the parties with respect to the matters herein set forth. 16. Indemnities, Right of Specific Performance. a. MHS agrees to indemnify and hold the City harmless from and against: i. All debts, liabilities and obligations arising out of or in any way relating to the operation of the LeDuc Property accruing prior to the closing date or from business done, with respect to the ownership, management, operation, maintenance and repair of the LeDuc Property, other than the debts, liabilities and obligations which are being adjusted between MHS and the City pursuant to this Agreement; ii. Any loss, liability or damage suffered or incurred by the City because any representation or warranty contained in this Agreement, or in any document furnished to the City in connection with the Closing hereunder, shall be false or misleading in any material respect; iii. Any loss, liability or damage suffered or incurred by the City because of the breach by MHS of any covenant or agreement on the part of MHS to be performed under this Agreement or under the Declaration; and iv. All reasonable costs and expenses (including reasonable attorneys' fees) incurred by the City in connection with any action, suit, proceeding, demand, assessment or judgment incident to any of the matters indemnified against in this Section 16.a. b. The City agrees to indemnify and hold MHS harmless from and against: i. All debts, liabilities and obligations arising out of or in any way relating to the operation of the LeDuc Property accruing subsequent to the closing date or from business done, transactions entered into or other events occurring subsequent to the closing date with respect to the ownership, management, operation, maintenance and repair of the LeDuc Property, other 2239586v6 5 than the debts, liabilities, and obligations which are being adjusted between MHS and the City pursuant to this Agreement; ii. Any loss, liability or damage suffered or incurred by MHS because of the breach by the City of any covenant or agreement on the part of the City to be performed under this Agreement; and iii. All reasonable costs and expenses (including reasonable attorneys' fees) incurred by MHS in connection with any action, suit, proceeding, demand, assessment or judgment incident to any of the matters indemnified against in this Section 16.b. 17. Assignment. Neither party may assign its interest under this Agreement to any other entity, group, or individual for any reason. 18. Binding. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. 19. Survival. The reversion rights provided for in this Agreement shall survive closing. 20. Miscellaneous. a. Any reference in this Agreement, by name or number, to a government department, agency, statute, regulation, program or form shall include any successor or similar department, agency, statute, regulation, program or form. b. All article and section titles or captions in this Agreement are for convenience only. They shall not be deemed part of this Agreement and in no way define, limit, extend or describe the scope or intent of any provisions hereof. c. Whenever the context may require, any pronoun used herein shall include the corresponding masculine, feminine or neuter forms. The singular form of nouns, pronouns and verbs shall include the plural and vice versa. d. The parties shall execute and deliver all documents, provide all information and take and forbear from all such action as may be necessary or appropriate to achieve the purposes of this Agreement. e. Except as provided herein, this Agreement may be modified or amended only with the written approval of all parties. f. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of the parties. g. This Agreement may be executed in counterparts, all of which taken together shall constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the original or the same counterpart. Each party shall become bound by this Agreement immediately upon affixing its signature hereto, independently of the signature of any other party. h. Each party represents to the others that it has been authorized to execute and deliver this Agreement through the persons signing on its behalf. i. Any approval or consent of the parties required for any matter hereunder shall be in writing and shall not be unreasonably withheld or delayed. 2239586v6 j. All Exhibits to this Agreement are incorporated herein by reference. 2239586v6 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. MINNESOTA HISTORICAL SOCIETY By Its CITY OF HASTINGS: By Its DRAFTED BY: LEONARD, STREET AND DEINARD (SCM) Suite 2300 150 South Fifth Street Minneapolis, Minnesota 55402 2239586v6 8 EXHIBIT A LEGAL DESCRIPTION 2239586v6 9 EXHIBIT B DOCUMENTS AND ACCOUNTS COMPRISING THE SIMMONS ~- FUNDS Name of Account Account Number Financial Institution Value 2239586v6 lO EXHIBIT C PRIORITIZED WORK LIST AND COST ESTIMATES WORKSHEET 2239586v6 11 EXHIBIT D DECLARATION 2239586v6 12 EXHIBIT E LeDuc House State Appropriation Language The 2002 Legislature passed the following language which both authorized the transfer of the property and appropriated funds for the improvement of the property: Session Law Reference: Laws of Minnesota, 2002, Chapter 393, Section 28, Subdivision 2, clause (b). Subd. 2. Historic Site Asset Preservation (b) Of this amount, $1,000,000 is for asset preservation of the William G. LeDuc house. This appropriation is available only if the historical society enters into an agreement with the city of Hastings, or another public entity, providing for transfer of ownership of the property to the city or the other public entity when the asset preservation work is completed, and providing that the city or other public entity will provide for additional renovation and operation of the site. If an agreement for the transfer of ownership of the LeDuc house site is not entered into by March 31, 2003, this amount is available for asset preservation under paragraph (a). This appropriation is available until spent, notwithstanding section 1. The city or other public entity may enter into an agreement with a nonprofit organization for the operation of the site subject to Minnesota Statutes, Section 16A.695. 2239586v6 13 EXHIBIT F ~[INNE§OTA I-II~TORICAL SOCIETY EXECUTIVE COUNCIL RESOLUTION AUTHORIZING TRANSFER OF THE LEDUC PROPERTY TO THE CITY OF HASTINGS 2239586v6 14 EXHIBIT G CITY OF HASTINGS RESOLUTION AUTHORIZING ACCEPTANCE OF LEDUC PROPERTY COMPARISON OF FOOTERS -FOOTER 1- -FOOTER 2- -~ 2239586v6 -FOOTER 4 3- 2239586v2 This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : C:~DOCUME~l~DH7084~LOCALS-l\TEMP\lC02Q05!.DOC and revised document: G:~DMS\SCM7086\lC02Q06!.DOC CompareRite found 25 change(s) in the text CompareRite found 2 change(s) in the notes Deletions appear as a Overstrike ^ Additions appear as Bold+Dbl Underline text 2239586v6 15 i I~-L-~ ; i= i= ; i i~i i I ' i :i ', i o°I :, ~ I I~ = ' .~ .,:, '-t---,~, .--,= ,-,.,-, ,-.,~ ~'.'--t-' ~I."9. ,is" I I '" F-"~. =~ ~ :--'- ~,, I , ~ ~ ~ ~ ' ~ '~ O. 0 : I~ !~ ~ I ~ 0 · I~ ~ I~ I [= ~ { ~' ~ : i~ ~ I ii )~ ji i I~I i ~ J ~' ,~ ~ ~ : i I J i = J~ ~ I ~ ' i I ~ ,x i I I I j j ,. o,, . ,, . !l i ' 'g ~ ~ ' '~ ' i I ' I . , ; ~ ~ ~ I i ..~_;_._~_~... +_~..+.~ .... .._l __i.~__¢_:_Hq- --~ ~ ~ ----1 [ '~ ~ !,' j,' , , ~ . . ~ ~ ~ I I I ~ II ~ J ' i : , · I j } ' ~ ~ ~ I ~ . , , ~o ~,~1~ m ~ J j '~' · : : · · : ~ ; i ~ j , , , --= ...... :"-: ..... ~"= .... : .......... t-~=-t-~ , -- ' j~--~ -- ! , I , l - ~-- -~ ........ ~ -:----i-"-h" = ..... '~-~ - ~ . . ~ , I ' I I · i ~ ' ' ~ ' I ~ { I i ~ ,'--~ r ~ r---~-'~--r'-~---, i / . , : : ~ i i J ! ' ; i j i = : i , W'T'T?'-'7' ~-' ~"~--~ -i--T J ~ ~ . ~ ~ ~ ~ lc,~ _~_4_.~_~_ ~ ~ ~ 1~_4_, j i : i : ' ' : t I I I i r ' ' ' , n I ~ I i ,~,,~ [RESERVED FOR RECORDING DATA] DECLARATION CREATING RESTRICTIVE COVENANTS THIS DECLARATION is made this __ day of ,2003, by the Minnesota Historical Society, a chartered public institution under the laws of the State of Minnesota ("Grantor"). RECITALS: A. Grantor is the owner of certain land located at __ County, Minnesota legally described as follows: Main Street, in the City of Hastings, Dakota [Legal Description] (the "LeDuc House Land"), which property contains a single family home known as the LeDuc House, along with certain other improvements_~ including, but not limited to, a carriage barn and ice house (collectively, the "£eDuc House Improvements"). The LeD~c House Land and the LeDuc House Improvements are referred to herein, from time to time, collectively, as the "LeDuc House Property." B. The LeDuc House Property is part of the statutorily-defmed Historic Sites Network as outlined in Minnesota Statutes, Sections 138.661-669. The LeDuc House Property is a nationally-significant historic site, noted for its architecture and landscape. It was listed on the National Register in 1970. The layout of the property and many of its buildings were modeled after designs of the influential 19th Century architect, Andrew Jackson Downing. Key historical and architectural elements from that period remain intact. In addition, the site gains significance from association with the LeDuc Family. C. The LeDuc House Property has been improved with funds from the State of Minnesota Bond Proceeds Fund, and the use of state bond funds on the property requires restrictions on the future use of the property, and potential future disposal of the property as governed by the Minnesota Constitution, Minnesota Statutes, including but not limited to Minn. Stat. § 16A.695, and Commissioner's Orders, as amended, of the Department of Finance (collectively, the "Bonding Laws"). D. Grantor's mission includes preserving the historical, architectural, and cultural resources of the State of Minnesota, including the LeDuc House Property. E. Grantor plans to deaccession the LeDuc House Property from the State Historic Sites Network (Minnesota Statutes § 138.662, Subd. 34) by action of its Executive Council and of the Minnesota legislature, and thereafter to transfer ownership of the LeDuc House Property to the City of Hastings (the "City") for the enjoyment and use of the public/X_. .... 2238776vl F_. Grantor makes this Declaration in order to protect and preserve certain historical, architectural, and cultural features of the LeDuc House Property for the benefit of future generations. a G. This Declaration constitutes a "conservation easement" as defined under Minnesota Statutes Chapter 84C (the "Act"), and shall be interpreted in accordance with the Act. Grantor is a "holder" as defined in the Act. NOW, THEREFORE, Grantor hereby declares that the covenants, conditions, restrictions, and charges hereinafter set forth shall be established over the LeDuc House Property. ARTICLE ! RESTRICTIVE COVENANTS 1. Changes to Exterior. In the event the City determines that the exterior of any of the LeDuc House Improvements requires any material changes or additioris, the following process must be f~d. The City must submit plans outlining the proposed changes or additions to the Minnesota State Historic Preservation Office a{"SHPO") for review and approval. In reviewing any such request, a the SHPO shall consider the impact of the proposed alteration on the historical, architectural, and cultural features of the LeDuc House Property and on the surrounding area, whether such alteration is necessary or desirable to make the LeDuc House Property viable as a historic a site open to the public and any undue hardship that may be suffered by the City. Such approval shall not be unreasonably withheld. If the City and a the SHPO disagree, the differences shall be arbitrated according to the procedure outlined in Article III, Section 5, below. 2. -~ Construction of Additional Improvements Prohibited. Without the prior written consent of Grantor, the City shall not erect, or allow to be erected, on the LeDuc House Property any structure a other than temporary structures required for maintenance, repair, or reconstruction, such as workmen's scaffolds. 3. Interior Restrictions. None of the historic interiors of the LeDuc House identified in Grantor's LeDuc Site Collections Project or inany other reports or photographs on file with Grantor may be permanently removed without Grantor's prior written consent. Should any such historic interior elements be removed permanently for mere disposal and with Grantor's consent, Grantor reserves the right to acquire it for only the cost of removal. 4_. Site Restrictions. No subdivision of the LeDuc House Property. shall be permittedl no changes, alterations or additions to any landscaping or landscape features on the LeDuc House Property (except as necessary to remove diseased or storm-damaged landscaping)i and no changes, alterations or additions to any driveways or walkways on the LeDuc House Property. shall be permitted without first obtaining approval pursuant to the procedure described in Section 1 of this Article I. Notwithstanding the foregoing, if the City develops a historic landscape restoration plan for the LeDuc House Property and obtains approval of such plan pursuant to Section 1, above, an,/action taken in furtherance of such approved plan shall not require any further approval under Section 1, above. 5. Use Restrictions. The City agrees to maintain and operate the LeDuc House Property as a historic site, open to the public on a regular basis. In addition, the City acknowledges that the LeDuc House Property has been improved with funds from the State of Minnesota Bond Proceeds Fund and agrees to operate and maintain the LeDue House Property at all times in accordance with the Bonding Laws. If the City ceases for a period greater than __ months, to maintain and operate the LeDue House Property as a historic a sit~e open to the public and in compliance with the Bonding Laws, Grantor will notify the City of such lapse, and the City shall immediately correct such default. If such default has not been corrected within 30 days following receipt of notice from Grantor, the City shall promptly reconvey the "Simmons Endowment Fund" and the "Simmons Trust Fund" to Grantor. The "Simmons Endowment Fund" and the "Simmons Trust Fund" are more fully described in that certain Real Estate Transfer Agreement between Grantor and the City dated ,2003. 2238776vl a =6. Right to Lease/Restrictions on Subdivision. The City shall have the right to lease the LeDuc House Property to the Dakota County Historical Society (the "DCHS") or, subject to Grantor's prior written approval, which shall not be withheld unreasonably, to another similar nonprofit or governmental entity. Any lease to the DCHS or to any permitted successor or replacement tenant shall be expressly subject and subordinate to this Declaration. Except as provided in this a Section 6, the City shall not subdivide, lease or otherwise transfer any portion of the LeDuc House Land. ARTICLE II ENFORCEMENT agent. Beneficiary. This Declaration is given to benefit Grantor and may be enforced by Grantor or its 2. Default. If the City defaults in any obligation hereunder which can be cured by the payment of money, and such default is not cured within thirty (30) days after written notice thereof is given to the City by Grantor, or if the City defaults in any other obligation under this Declaration and such default continues for thirty (30) days after written notice thereof is given to the City by Grantor (or if such default is of a kind that cannot with reasonable diligence be cured in thirty (30) days but can be cured, then such thirty (30)-day period shall be extended for the period reasonably necessary to cure the default as long as reasonable efforts are being made to cure the default), then Grantor may exercise any one or more of the remedies set out in Section 3, below. 3. Remedies; Waiver. Upon the occurrence of a default under this Declaration and the expiration of any period to cure without a curing of such default, Grantor shall be entitled to one or more of the following remedies: (i) to cure the default of the City and charge the cost thereof, including reasonable fees of experts and attorneys, to the City, and all such costs shall be payable on demand; (ii) specific enforcement, injunctive relief, damages, or any other remedy available at law or in equity; and (iii) at Grantor's option, the City shall promptly execute and deliver to Grantor all documents necessary or desirable to re-convey ownership of the LeDuc House Property, the Simmons Endowment Fund, and its beneficial interest in the Simmons Trust to Grantor. Any action seeking one or more forms of relief shall not be a bar to an action at the same or subsequent time seeking Other forms of relief. The costs of any such action, including reasonable attorneys' fees of the prevailing party or parties, shall be paid by the a party or parties not prevailing. Any delay in realizing, or failure to realize, on any remedy herein for a default hereunder shall not be deemed a waiver of that default or any subsequent default of similar or different kind, and no waiver of any right or remedy hereunder shall be effective unless in writing and signed by the person against whom the waiver is claimed. 4. Right of Entry. Grantor shall have the right to enter onto the LeDuc House Property at any reasonable time to monitor compliance with the requirements of this Declaration. Grantor shall give reasonable prior notice to the City of each such entry and shall not unreasonably interfere with the operation of the LeDuc House Property. 2238776vl ARTICLE III GENERAL PROVISIONS 1. Severability. Invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Although this Declaration is made pursuant to the Act, the invalidity of the Act or any part thereof will not affect the validity and enforceability of this Declaration according to its terms. It is the intent of the parties to bind themselves, their successors and their assigns in perpetuity to each term of this Declaration, regardless of whether this Declaration may be enforceable by reason of any statute, common law or private agreement either in existence now or at any time subsequent hereto. 2. Singular and Plural. Whenever required by the context of this Declaration, the singular shall include thc plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. 3. Amendments. This Declaration may be amended only by an instrument signed by Grantor. 4. Agreement Shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this Declaration shall entitle any party to cancel, rescind or otherwise terminate this Declaration. However, such limitation shall not affect in any manner any other rights or remedies which such party may have hereunder, or at law or in equity, by reason of any such breach. 5. Arbitration. All questions, differences, disputes or controversies arising hereunder shall be settled by arbitration in accordance with the then existing rules of the American Arbitration Association. Such arbitration shall be conducted at the request of any party before three arbitrators (unless the disputing parties agree to one arbitrator) designated as follows: the party requesting the arbitration shall designate in writing, within fifteen (15) days of such request, the name of an arbitrator who is a member of the American Arbitration Association and knowledgeable in the issues being arbitrated. The other party shall make a similar designation within the same period of time. Within twenty (20) days after the designation as aforesaid, the arbitrators so designated shall select and designate one additional arbitrator knowledgeable in the issues being arbitrated. In the event the arbitrators designated by the parties are unable to agree upon an additional arbitrator, then the additional arbitrator shall be designated by the Chief Judge of the District Court of Dakota County as soon thereafter as possible. A majority of the arbitrators designated and acting under this Declaration shall make the award. Any such award shall be binding upon the parties and enforceable by any court exercising jurisdiction over the parties. Each party involved in the arbitration shall bear equally the expense of arbitration proceedings conducted hereunder (other than witness fees and attorneys' fees). All arbitration proceedings hereunder shall be conducted in the Minneapolis-St. Paul metropolitan area. 6. Captions. The captions herein are inserted only for reference, and in no way define, limit or describe the scope of this Declaration, or the meaning of any provision hereof. 7. Loss Of Holder Status by Grantor. If Grantor, for whatever reason, ceases to satisfy the definition of a "Holder" under the Act, Grantor will immediately convey its rights under this Declaration to any governmental or charitable organization satisfying the definition of a "Holder" under the Act, as Grantor may elect. If Grantor fails to convey such rights within 30 days following the date on which Grantor ceases to be a "Holder," Grantor's rights under this Declaration will automatically pass to and be vested in the State of Minnesota. 8. Construction of Declaration. No statutory or common-law rule requiring strict construction of restrictions on alienation or use of property will apply in the construction or interpretation of this Declaration. This Declaration will be interpreted broadly to effect the transfer of rights and the restrictions on use herein contained, as provided in the Act. 2238776vl ARTICLE IV RUNNING COVENANTS; SUCCESSORS AND ASSIGNS The covenants hereby declared and created, and the provisions hereof, shall be perpetual and shall mn with the LeDuc House Property, without regard to technical classification or designation, legal or otherwise, and be binding upon, to the fullest extent permitted by law and equity, and shall inure to the benefit of, and be enforceable as provided herein by the parties and their respective heirs, administrators, successors and assigns, and all present and furore owners. ARTICLE V ACCEPTANCE Grantor, as a "Holder", hereby accepts the rights and duties created by this Declaration as required by Minn. Stat. § 84C.02(b). 2238776vl written. IN WITNESS WHEREOF, the Grantor has caused this Declaration to be executed as of the date first above GRANTOR: MINNESOTA HISTORICAL SOCIETY By: Ian R. Stewart Its Deputy Director STATE OF MINNESOTA) COUNTY OF RAMSEY ) ) SS. The foregoing instrument was acknowledged before me this __ day of ,2003 by Ian R. Stewart, the Deputy Director of the Minnesota Historical Society, a chartered public institution under the laws of the State of Minnesota, on behalf of the public institution. DRAFTED BY: Leonard, Street and Deinard (SCM) 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 (612) 335-1500 Notary Public ............... COMPARISON OF FOOTERS -FOOTER 1- 2238776vl -FOOTER 2- 2238776vl This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : GflDMS\SCM7086\lBZG801A.DOC and revised document: GflDMS~SCM7086\lBZG802!.DOC CompareRite found 19 change(s) in the text CompareRite found 0 change(s) in the notes Deletions appear as a Overstrike ^ Additions appear as Bold+Dbl Underline text 2238776vl Interpretive Plan Vision-Funding Matrix i i i I I Proposed Programming Level I ! I i Possible Sources of Funding: ... '~ ! i 1 Income Simmons Private City County Grants ..::Total Fixed CostsI Security/Fire Detection ! ! 375 Fuel for heating I 5,000 Electricity [I , i 3,000 Telephone/DSL t i t 600 Water I t I 500 House maintenance , I 5,167 Refuse I ~ 300 Landscape maint. I 8,000 Insurance 4,306 Subtotal Fixed Costs 27,248 Program Delivery Expenses Part time site manager I 12,150 Part time guide supervisorI ! 6,480 Interpretive guides Summer student intern 2,520 DCHS curator I 2,912 Public/Special programs 5,000 Pre-season preparation, overtime 2,000 Annual shop expenditures 2,500 ~Marketing t 4,000 Miscellaneous 1,000 Annual Capital Maintenance 10,000 Subtotal Program Expenses 48,562 I I Total Expenses 75,810 Revenue Admissions (5,000 at $5, 1,000 at $2) 27,000 New DCHS membership 3,750 Gift shop salesI t 3,000 Site and building rental 2,000 Income from Simmons Funds (CBS funds) Total Revenue i 35,750 Operating Surplus (deficit) without new subsidy I I (40,060) Draft LeDuc Pro Forma LeDuc Problem Solving Group 11/19/2001