HomeMy WebLinkAbout06-06-05
CITY OF HASTINGS
COUNCIL MEETING
Monday, June 6, 2005
7:00 P.M.
I. CALL TO ORDER:
II. ROLL CALL:
III. DETERMINATION OF QUORUM:
PROCLAMATION-LORI A. WEBSTER DAY
IV. APPROVAL OF MINUTES:
Approve Minutes of the Regular City Council Meeting on May 16, 2005
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. Approve Vehicle Lease for Department of Building Safety
3. Approve Purchase of Flat Bed Trailer for Parks & Recreation Department
4. Resolution-Accept Donation to Parks & Recreation Department by Smead
Manufacturing
5. Resolution-Accept Donation to Parks & Recreation Department by Robert and .
Reinera Weber
6. Approve Sidewalk Agreement with American Legion Post 47
7. Authorize Braun Intertec to Conduct Testing at Lake Isabel
8. Approve Request for Additional Park Security Lighting
9. Accept Retirement Notice of Laura Hoff, Fire Secretary/Dispatcher
10. Approve Off-Sale Liquor License to Steven Lapprich for Ownership Change at
MGM Liquor Warehouse, 1250 South Frontage Road
11. Approve Twin Cities Community Capital Fund Membership
12. Approve Compensation Structure for Public Works Maintenance Supervisor
Position
13. Change Order #2 for Project 2004-4-1 oth Street & Highway 61 ($3,884.72)
14. Final Pay Estimate for Project 2004-4-1 oth Street & Highway 61 for $20,358.31
(Ace Blacktop)
15. Approve 2005 Sealcoat Project
16. First Reading/Order Public Hearing-Ordinance Amendment #2005-32: Land
Use Fees
17. Approve Cell Phone Use Policy
18. Approve 2005 Budget Adjustments
19. Accept Bids for Aquatic Center Coping Stone Replacement/Repair
20. Resolution-Accept Donation to Police Canine Program from Edward
McMenomy
21. Resolution-Approve Amendment to Papa Charrito's Liquor License on July 15
and 16, 2005.
22. Resolution-Approve Raffle Permit for the Downtown Business Association at
Creative Hearts, 112 East Second Street
23. Approve 2005 Teamsters Fire Union Contract
24. Change Order #1-LeDuc Mansion Interior Finishes
25. Resolution-Accept Donation to Hastings Police Dare Program by KDWA Radio
Station
VII. AWARDING OF CONTRACTS & PUBLIC HEARING:
VIII. REPORTS FROM CITY STAFF:
A. Public Works
B. Planning
1. Resolution-Variance #2005-34: Bluff Setback at 1996 Nininger
Road (Fasbender)
2. Resolution-Variance #2005-36: Sign on Fence at 1629
Vermillion Street (LeDuc House)
3. Resolution-Site Plan $2005-31 at 1590 Highway 55 (Dakota
County Law Enforcement Building)
C. Administration
1. Met Council-WWTP Siting
2. Approve LeDuc Mansion Operating Agreement with Dakota
County Historical Society
3. Presentation and Acceptance of 2004 Comprehensive Annual
Financial Report
IX. COMMENTS FROM AUDIENCE:
X. UNFINISHED BUSINESS:
XI. NEW BUSINESS:
XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS:
XIII. ADJOURNMENT:
Next City Council Meeting on Monday June 20, 2005
PROCLAMATION OF THE
HASTINGS CITY COUNCIL
DECLARING
TUESDAY JUNE 7TH, 2005 AS
Lori Webster Day
_.-.-
IN THE CITY OF HASTINGS
WHEREAS, Lori Webster has served as the Finance Director for the City of
Hastings' since September 14, 1987; and
WHEREAS, With the leadership of Finance Director Lori Webster, the City of
Hastings has effectively managed an increase in its annual Budget of $6.7 million in 1987
to a current budget of $24.3 million in 2005; and,
WHEREAS, During the past 18 years while serving as the Finance
Director for the City of Hastings, Lori Webster has provided leadership in the Finance
Department with grace and dignity, offering professional service to the public and all
City Employees, and;
WHEREAS, in 2004, the City of Hastings Bond Rating as provided by Moody's
Investor's Service was increased from A to Al due to the professionalism and expertise
offered by Finance Director Lori Webster, and;
NOW, THEREFORE BE IT RESOLVED, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF HASTINGS, THAT TUESDAY JUNE 7TH, 2005 IS
HEREBY DECLARED AS:
LORI WEBSTER DAY
IN THE CITY OF HASTINGS
BE IT FURTHER RESOLVED, that the Conference Room located in the
Finance Department at the Hastings City Hall is immediately hereby declared the
LORI WEBSTER CONFERENCE ROOM
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS
6TH DAY OF JUNE, 2005
Michael D. Werner
Mayor
Melanie Mesko Lee
City Clerk
-seal-
Hastings, Minnesota
City Council Minutes
May 16, 2005
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday,
May 16, 2005 at 7:00 p.m., in the City Hall Council Chambers at Hastings City Hall, 101 East 4th
-Street, Hastings, Minnesota.
Presentation-2005 Heritage Preserv
On behalf of the HPC, HRA Direct
1) 801 Pine Street - Michael &
Frank Lloyd Wright's 1957 d
Register of Hi ric Places. A
period wo
709 R
impr
221
preservatio
ond
e, b 1870.
et _ Cheryl Conzemius-For the care and preservation of
groun e original Follett and Conzemius farm house and
1890 900.
_ Steven and Julie Theriault-for the care and preservation of
1930.
treet - River of Life Church.Pastor Stephen Schoenwald,
n Abraham-For the excellent example of appropriate remodeling
ation of the character of their church and the traditional appearance
of Ver ion Street.
500 Second Street West - Bob and Heidi Langenfeld-For the excellent example
of a compatible design for a new home adjacent to National Register district, built
in 2004.
The Mayor and City Council recognized these homeowners for their commitment to historical
preservation.
Mayor Werner, Councilmembers Alongi,
Riveness
Councilmember Schultz
City Administrator Dave Osber
Planning Director John Hin
Public Works Director To
Director Barry Bernstei
t, Hicks, Moratzka, and
Members Present:
Members Absent:
Staff Members Present:
ity Attorney Dan Fluegel,
tor John Grossman,
ks and Recreation
Approval of Minutes
Mayor Werner asked if there were any correcti
meeting of May 2, 2005. Hearing none, the minutes we
he following awards:
care and preservation of
linic, on the National
complex shapes of his late
3)
or the excellent example of compatible
a 1855, in the Old Hastings District
e Nesbitt-For the care and
CIs, built in 1903.
aire Swenson-For the care and preservation
2)
7)
8)
Council Items to be Considered
City Administrator Osberg requested that Item # 8 ofthe Consent Agenda-Approve
Change Order #1 for the LeDuc Mansion Parking Lot-Subsurface Drainage System Addition
and Removal of Poor Soils, be added to the Consent Agenda.
Moved by Councilmember Hicks, seconded by Councilmember Alongi to amend the
-Sonsent Agenda as requested.
6 Ayes; Nays, none.
12.
13.
14.
15.
16.
17.
04-1 Westwood Reconstruction
Consent Agenda
Moved by Councilmember Hicks seconded by Council
Consent Agenda as amended.
67 Ayes; Nays, None.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
#2005-27: Prairie Ridge (Centex)
ounty Pictometry Project
r Agreem nt with Sherman Associates
m nt #2005-27: Prairie Ridge (Centex)
c Mansion Parking Lot-Subsurface Drainage
Poor Soils
Public Hearing
Mayor Wer
Public Works
ordinance amendme
Hearing no further comment, Mayor Wemer closed the public hearing at 7:09 p.m.
Energy Gas Franchise Agreement
the public hearing at 7:09 p.m.
or Montgomery provided background on this issue. This is an
Second Reading-Ordinance Amendment: Gas Franchise Agreement
Moved by Councilmember Riveness, seconded by Councilmember Hazlet to approve the
ordinance amendment as presented.
6 Ayes; Nays, none.
Copy of ordinance on file.
Minutes of the Regular Meeting of May 16, 2005
Page 3 of 5
Award Contract-Project 2005-1, Dakota Hills Area Improvements
Public Works Director Montgomery recommended awarding the contract to Pember
Companies in the amount of $2,233,770.15.
Moved by Councilmember Riveness, seconded by Councilmember Moratzka to award the
contract as presented.
6 Ayes; Nays, none.
-Award Contract-Project 2005-2: Zweber Lane and Oak Ridge Drive Improvements
Public Works Director Montgomery recommended awarding the contract to Pember
Companies in the amount of $322,727.00.
Moved by Councilmember Hicks, seconded by Councilme 'veness to award the
contract as presented.
6 Ayes; Nays, none.
Second Reading/Ordinance Amen
Coverage
Moved by Councilmember Hicks,
ordinance amendment as presented.
6 Ayes; Nays, none.
Copy of ordinance on file.
iveness to approve the
Public Hearing-OrdinanceAmendment#2005-17: Sho e
Coverage
Mayor Werner opened the public hearing at 7'
Planning Director Hinzman stated that the
to clarify impervious surface coverage requireme
Hearing no further comments, Mayor Werner
r Block 1 (Sherman/HRA)
:16 p.m.
g Commission unanimously recommended
er closed the public hearing at 7:16 p.m.
nt-Rezoning #2005-25: 1-1 to DC for Block 1
s, seconded by Council member Hazlet to approve the
ordinance a
6 Ayes; Nays,
Copy of ordinan
City Code Section 2.18: Heritage Preservation Commission
Mayor Werner pened the public hearing at 7:20 p.m.
HRA Director Grossman stated that many of the changes recommended are housekeeping
items, as the ordinance has not been updated in approximately 20 years.
Hearing no further comments, Mayor Werner closed the public hearing at 7:20 p.m.
Second Reading/Ordinance Amendment-Amend City Code Section 2.18: Heritage
Preservation Commission
Moved by Councilmember Alongi, seconded by Councilmember Hazlet to approve the
ordinance amendment as presented.
6 Ayes; Nays, none.
Copy of ordinance on file.
Minutes of the Regular Meeting of May 16, 2005
Page 4 of 5
---
Resolutions-Preliminary Plat/Final Plat/SUP/Site Plan #2005-28: Riverfront Addition at Block
1 Downtown (Sherman Associates)
Planning Director Hinzman stated that the following requests are being made:
. Preliminary and final plat to replat Block 1 (2.81 acres) into 3 lots;
. Zoning Special Use Permit to allow residential units on the first floor of a building in
the DC-Downtown Core Zoning District on Lot 2, Block 1, Ri'verfront Addition;
Shoreland Special Use Permit to allow impervious surface coverage exceeding 75%
in the DC-Downtown Core Zoning District; and
Site Plan to construct a 4-story, 28-unit condominium
parking on Lot 2, Slock 1, Ri'verfront Addition
The Planning Commission voted 5-2 to recommend app
subject to the conditions listed in the resolutions.
Moved by Councilmember Moratzka, seconded by Co
Preliminary and final plat to replat Block 1 (2.81 acres) int
6 Ayes; Nays, none.
Copy of resolution on file.
Moved by Councilmember Hicks, second
zoning special use permit to allow residential
Downtown Core Zoning District on Lot 2, Block 1, Riv
6 Ayes; Nays, none.
Copy of resolution on file.
Moved by Councilmember Hazl
shoreland special use permit to allow imp
Downtown Core Zoning District.
6 Ayes; Nays, none.
Copy of resolution on file.
Moved by Coun .
Plan to construct a 4-
1, Riverfront AdditiQ
6 Ayes; Nays, none.
Copy of resolution on file.
.
the
unanimo
Mov
variance as pr
6 Ayes; Nays, no
Copy of resolution
eyard Setback at 900 Pine Street (Trapp)
, at the request is to construct a 30' x 22' addition on to
me at 900 Pine Street. The Planning Commission
.
Resolution-5UP #2 5-30: Automotive Repair at 2127 Vermillion Street (Zeien)
Planning Director Hinzman stated that the request is for a special use permit to operate an
auto repair facility in the Magic Touch Car Wash Building located at 2127 Vermillion Street. The
Planning Commission unanimously recommends approval.
Moved by Councilmember Hazlet, seconded by Council member Alongi to approve the
special use permit as presented.
6 Ayes; Nays, none.
Copy of resolution on file.
Minutes of the Regular Meeting of May 16, 2005
Page 5 of 5
Resolution-Minor SubdivisionNariance #2005-29 at 1003 Sibley Street (Olson>
Planning Director Hinzman stated that the request is for a minor subdivision and variance for
a twin home to be constructed at 1003 Sibley Street. The variance is required because the lot is
proposed to not be split equally. Staff recommends approval of the variance to preserve several
mature oak trees on the lot.
Moved by Councilmember Riveness, seconded by Councilmember Riveness to approve the
--minor subdivision and variance as presented.
6 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Support Public Dock Project
Moved by Councilmember Hazlet, seconded by Coun
resolution supporting the individual permit for a public doc
distribute the resolution to Hastings state and federallegisla .
the project as well.
6 Ayes; Nays, none.
Copy of resolution on file.
er Alongi to approve the
s and directing staff to
eking their support for
uncil ember Hazlet to support the
ouncil.
Adjournment
Moved by oun
meeting at 8:15 p.m.
6 Ayes; Na
by Councilmember Hazlet to adjourn the
ATTEST
Mayor
City Clerk
Date: 06/02/2005
Time: 11:27:42
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Description
Department Vendor Name
------------------------
ADMINISTRATION
ADMINISTRATION
-------------------- --------------------
CITY CLERK
CITY CLERK
CITY CLERK
FINANCE
FINANCE
FINANCE
FINANCE
FINANCE
M.I.S.
M.I.S.
M.I.S.
M.I.S.
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
MN CITY/CTNY MANGEMN MCMA MEMBERSHIP
OSBERG, DAVID M. MCMA CONF/ LODGING
Total for Department 105
3CMA/CITY-COUNTY COM RAUSCH/ CONFERENCE REGIS
MESKO LEE, MELANIE EXPENSE REIMBURSEMENT
RAUSCH SHANNON MILEAGE REIMBURSEMENT
Total for Department 107
PUBLIC INVESTOR SUBSCRIP
FIN REPORT COVERS
EXPENSE REIMBURSEMENT
FINANCE CHARGE
KAISER/ WEEK END 5-22
Department 120
GFOA
GRAPHIC DESIGN
STARK, CHARLENE
WELLS FARGO BANK/ CR
WORK CONNEcrION INC
Total for
NORNES, STEPHANIE PRINTER CABLE/SURGE PROT
WELLS FARGO BANK/ CR KEYBOARD TRAY
WELLS FARGO BANK/ CR MS TECH SUPPORT
WELLS FARGO BANK/ CR SHIPPING/ REPAIR ITEMS
Total for Department 160
DE LAGE LANDEN FINAN DIcrATION SYSTEM
HASTINGS BUS CO CROSSING GUARD PICNIC
JACOBSON, JEREMY EXPENSE REIMBURSEMENT
KEGLEY, JOSEPH MEMBERSHIP/US CANINE ASS
MCMENOMY, MICHAEL UNIFORM ITEMS
NEXTEL COMMUNICATION CELL PHONE SERVICE
O'BRIEN, JOE CHEVROL 2002 CHEV IMPALA
O'BRIEN, JOE CHEVROL 2004 CHEV IMPALA
SPRINT (CELL PHONES) MDT VISION CARD CONNECTI
Total for Department 201
BUILDING AND INSPEcr 10,000 LAKES CHAPTER LAKES CHAPTER EDUCATION
BUILDING AND INSPECT LANGER RONALD EXPENSE REIMBURSEMENT
BUILDING AND INSPEcr SWANSON PLBG. & HEAT CANCELLATION OF PERMITS
Total for Department 230
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
AGGREGATE INDUSTRIES ROOFING GRAVEL
ANDERSEN, E.F. & ASS POSTS
ANDERSEN, E.F. & ASS STREET SIGN PLATES
COUNTRYSIDE IMPLEMEN SWITCH
CUSTOM ASPHALT HOT MIX
EGGER NICHOLAS EXPENSE REIMBURSEMENT
GRAPHIC DESIGN PEDERSON/ BUSINESS CARDS
N. W. ASPHALT MAINTEN CRACK SEALING
Total for Department 300
PARKS AND RECREATION HOFFMAN-MCNAMARA 7 TREES
Total for Department 401
VI-1
Page: 1
Amount
------------
101.00
343.37
444.37*
150.00
129.60
33.03
312.63*
85.00
176.79
567.80
4.86
308.00
1,142.45*
28.87
42.34
245.00
20.97
337.18*
290.05
118.25
75.00
80.00
88.25
849.75
8,900.00
11,950.00
1,130.13
23,481.43*
60.00
788.18
37.20
885.38*
265.09
212.66
41.11
52.17
1,296.00
487.44
57.51
15,000.12
17,412.10*
1,210.53
1,210.53*
Date: 06/02/2005
Time: 11:27:43
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Department Vendor Name Description
-------------------- -------------------- ------------------------
LE DUC MANSION
LE DUC MANSION
LE DUC MANSION
GERRY'S FIRE PROTECT FIRE EXTINGUISHER INSTAL
GERRY'S FIRE PROTECT RECHARGE EXTINGUISHER
SECURITY RESPONSE SE INVESTIGATED FOR ALARMS
Total for Department 450
MISCELLANEOUS
LEAGUE/MN CITIES INS SELESKI/ DEDUCTIBLE
Total for Department 600
Total for Fund 101
PARKS AND RECREATION BERNSTEIN BARRY MILEAGE REIMBURSEMENT
PARKS AND RECREATION IND. SCHOOL DISTRICT SUPPLIES
PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE
PARKS AND RECREATION S & T OFFICE PRODUCT NAME PLATE
PARKS AND RECREATION WILLIAMS SCOTSMAN IN MOBILE OFFICE RENT
PARKS AND RECREATION YOCUM OIL CO INC DIESEL FUEL
PARKS AND RECREATION YOCUM OIL CO INC UL GAS
Total for Department 401
Total for Fund 200
PARKS AND RECREATION COLT ELECTRIC INC. INSTALL 3 DISCONNECT SWI
PARKS AND RECREATION COLT ELECTRIC INC. REPAIR 3 PHASE MOTOR DIS
PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE
pARKS AND RECREATION WALTERS CLIMATE INC POOL WATER HEATER PARTS
Total for Department 401
Total for Fund 201
HOUSING AND REDEVELO LEAGUE OF MN CITIES MARTODAM REGISTRATION
Total for Department 500
Total for Fund 404
ECONOMIC DEVELOPMENT BRADLEY & DEIKE PA UBC PURCHASE REQUESTS
Total for Department 180
Total for Fund 407
PUBLIC WORKS
ACE BLACKTOP 2004-4 10 & 61
Total for Department 300
Total for Fund 494
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
CUSTOM ASPHALT HOT MIX
DPC INDUSTRIES, INC. HYDROFLOUROSILICIC ACID
DAKOTA COUNTY TREAS- REFUND/ LIBRARY UTILITIE
FRANDRUP MASONRY INC CURB REPLACEMENT
G & K SERVICES MAT / TOWEL RENTAL
GRAPHIC DESIGN BUSINESS CARDS
Page: 2
Amount
------------
233.24
19.70
107.50
360.44*
158.72
158.72*
45,745.23*
85.46
201. 58
302.90
18.55
203.42
955.21
1,097.54
2,864.66*
2,864.66*
198.00
632.80
72 .34
180.17
1,083.31*
1,083.31*
25.00
25.00*
25.00*
100.00
100.00*
100.00*
20,358.31
20,358.31*
20,358.31*
1,918.00
352.69
6,548.37
400.00
133.23
63.90
Date: 06/02/2005
Time: 11:27:43
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 3
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
PUBLIC WORKS INSIGHT PUBLIC SECTO SWITCH
PUBLIC' WORKS'" STELLAR ENERGY SERVI GENERATOR
Total for Department 300
Total for Fund 600
PUBLIC WORKS DAKOTA COUNTY TREAS- REFUND/ LIBRARY UTILITIE
Total for Department 300
Total for Fund 601
CITY CLERK COWDEN , ALAN REIMBURSE/ CLOCK
Total for Department 107
Total for Fund 610
PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE
Total for Department 401
Total for Fund 615
PUBLIC WORKS
PUBLIC WORKS
FEDERAL EXPRESS CORP FREIGHT
FUSION BABBITTING CO BEARING REPAIR
Total for Department 300
Total for Fund 620
PLANNING BRADLEY " DEIKE PA 3 RIVERS PLANNING
Total for Department 150
HOUSING AND REDEVELO BRADLEY " DEIKE PA SHERMAN FINANCE/DEV
Total for Department 500
Total for Fund 807
Grand Total
27.69
23,356.52
32,800.40*
32,800.40*
3,683.45
3,683.45*
3,683.45*
9.57
9.57*
9.57*
46.10
46.10*
46.10*
178.62
3,011.99
3,190.61*
3,190.61*
112.50
112.50*
1,212.50
1,212.50*
1,325.00*
111,231.64*
June 6, 2005
atyof H1stigs
----
NemJmim
To: City Council
From: Becky Kline, Finance Department
Date: 5/24/2005
The attached Department Report itemizes vouchers that were paid on
May 24, 2005.
Thank you.
Date: 05!24!2005
Time: 08:09:40
Operator: BECKY KLINE
CITY OF HASTINGS
PM Entry - Invoice Payment - Department Report
Department Vendor Name Description
-------------------- -------------------- ------------------------
ADMINISTRATION
CITY CLERK
CITY CLERK
FINANCE
FINANCE
FINANCE
LEGAL
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
PLANNING
M.I.S.
M.I.S.
M.I.S.
M.I.S.
M.I.S.
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
L.E.L.S. PAYROLL DEDUCTIONS
LOCAL UNION 49 PAYROLL DEDUCTIONS
MINNESOTA NCPERS PAYROLL DEDUCTIONS
MN CHILD SUPPORT PMT CASE 00138614701 ! 00007
MN CHILD SUPPORT PMT CASE 001435452601
TEAMSTERS 320 WELFAR PAYROLL DEDUCTIONS
Total for Department 000
AT&T
LONG DISTANCE CHARGES! A
Total for Department 105
AT&T LONG DISTANCE CHARGES! A
U.S. POSTMASTER SPRING NEWSLETTER
Total for Department 107
AT&T LONG DISTANCE CHARGES! A
GRAPHIC DESIGN BLANK ENVELOPES
WORK CONNECTION INC KAISER! WK END 5-08
Total for Department 120
FLUEGEL & MOYNIHAN P LEGAL SERVICES
Total for Department 130
AT&T LONG DISTANCE CHARGES! A
DAKOTA ELECTRIC ASSN MONTHLY ELECTRICITY
SKIP'S SPRINKLERS CH! SPRINKLER START UP
STATE SUPPLY CO SUPPLIES
TERRY'S ACE HARDWARE CH!REPAIR PARTS
TOWER CLEANING SYSTE CHI CLEANING
VOSS LIGHTING LIGHTS
XCEL ENERGY MAY ELECTRICITY
Total for Department 140
AT&T
LONG DISTANCE CHARGES! A
Total for Department 150
AT&T LONG DISTANCE CHARGES! A
AVAYA INC FIRE SWITCH MAINT CONT
AVAYA INC TELEPHONE MAINTENANCE
CDW GOVERNMENT INC CARTRIDGES
CDW GOVERNMENT INC TAPE AUTOLOADER
Total for Department 160
AT&T LONG DISTANCE CHARGES! A
CITY OF MPLS. APR! AUTOMATED PAWN
CUB FOODS PICNIC!SCHOOL CROSSING G
DAKOTA ELECTRIC ASSN MONTHLY ELECTRICITY
GRAPHIC DESIGN OFFICE SUPPLIES
HASTINGS POLICE ASS SCHOOL SEAT BELT REWARD
ON SITE SANITATION GUN RANGE SANITATION
STREICHER'S SWAT UNIFORM ITEMS
Page: 1
Amount
------------
592.00
270.00
128.00
460.54
238.57
520.00
2,209.11*
7.52
7.52*
3.43
1,168.00
1,171.43*
7.66
83.07
308.00
398.73*
11,250.00
11,250.00*
.32
20.80
426.35
38.95
15.16
1,196.21
106.65
2,781.51
4,585.95*
4.03
4.03*
2.73
2,712.96
12,437.16
1,118.25
6,444.32
22,715.42*
77.07
142.00
93.94
10.85
104.37
288.31
83.62
29.95
Date: OS/24/2005
Time: 08:09:40
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 2
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
POLICE
STREICHER'S SWAT VEST
Total for Department 201
BUILDING AND INSPECT AT&T LONG DISTANCE CHARGES/ A
BUILDING AND INSPECT BDM CONSULTING ENGIN TOP OF BLOCK VERIFICATIO
BUILDING AND INSPECT GRAPHIC DESIGN BAKKEN/ BUS CARDS
BUILDING AND INSPECT TERRY'S ACE HARDWARE BATTERIES
Total for Department 230
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
AT&T LONG DISTANCE CHARGES/ A
BUMPER TO BUMPER LIGHTS
DAKOTA ELECTRIC ASSN ELECTRICITY
FERRELLGAS PROPANE
GRAPHIC DESIGN STREET OPENING PERMITS
M/A ASSOC-DIAMOND GL BRUSH/ HANDLE
SOLBERG AGGREGATE CO LIMEROCK/ TRAIL MIX
TERRY'S ACE HARDWARE SIGN
TERRY'S ACE HARDWARE SUPPLIES
ZIEGLER, INC. SEALS/ GASKETS
Total for Department 300
PARKS AND RECREATION FIRST NAT'L BANK LOAN 0320243279
Total for Department 401
LE DUC MANS ION
LE DUC MANSION
LE DUC MANS ION
MACDONALD & MACK ARC RESTORATION/ INTERIOR FI
OTTO EXCAVATING, INC SOIL TRENCHING
SECURITY RESPONSE SE MONITORING/ LEDUC
Total for Department 450
Total for Fund 101
PARKS AND RECREATION COLT ELECTRIC INC. WIRE TRAILER
PARKS AND RECREATION FASTENAL COMPANY SUPPLIES
PARKS AND RECREATION GERLACH SERVICE,INC. OIL
PARKS AND RECREATION GERLACH SERVICE,INC. TRIMMER HEADS
PARKS AND RECREATION GRAPHIC DESIGN SKATE PARK CARDS
PARKS AND RECREATION LOCAL UNION 49 PAYROLL DEDUCTIONS
PARKS AND RECREATION MENARDS LAWNMOWER
PARKS AND RECREATION MIRACLE RECREATION E PICNIC TABLES
PARKS AND RECREATION NATURE CALLS INC TOILET RENTAL
PARKS AND RECREATION NORTHWEST LANDSCAPE WALLIN PARK/ IRRIGATION
PARKS AND RECREATION SPIRAL FENCE VETS PARK/FENCE REPAIR
PARKS AND RECREATION TERRY'S ACE HARDWARE HARDWARE
PARKS AND RECREATION TERRY'S ACE HARDWARE KEY/JMF
PARKS AND RECREATION TERRY'S ACE HARDWARE PAINTER PARTS
PARKS AND RECREATION TERRY'S ACE HARDWARE SUPPLIES
PARKS AND RECREATION TERRY'S ACE HARDWARE VETS COMPLEX/SUPPLIES
PARKS AND RECREATION TERRY'S ACE HARDWARE WALLIN IRRIGATION
PARKS AND RECREATION TERRY'S ACE HARDWARE WALLIN/ IRRIGATION PARTS
PARKS AND RECREATION TERRY'S ACE HARDWARE WALLIN/ SUPPLIES
274.85
1,104.96*
21. 24
440.00
58.58
13.83
533.65*
23.91
11. 70
1,932.70
58.57
72 .42
67.15
761.31
2.96
13.13
12.22
2,956.07*
1,527.35
1,527.35*
1,540.00
920 . 00
298.60
2,758.60*
51,222.82*
367.00
3.35
62.54
120.99
3.04
120.00
129.00
2,274.09
285.90
1,565.65
2,181.43
15.57
1. 69
7.08
88.85
48.97
86.01
51.46
111.24
Date: OS/24/2005
Time: 08:09:41
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 3
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
PARKS AND RECREATION TOWER CLEANING SYSTE CLEANING SERVICE
PARKS AND RECREATION TREE HOUSE SOD STAPLES
PARKS AND RECREATION VERMILLION ELEVATOR SUNNY LAWN
PARKS AND RECREATION WEBBER RECREATIONAL WOOD FIBER
PARKS AND RECREATION WILLIAMS SCOTSMAN IN VETS PARK/OFFICE RENTAL
PARKS AND RECREATION XCEL ENERGY MAY ELECTRICITY
Total for Department 401
Total for Fund 200
PARKS AND RECREATION AQUA LOGIC, INC. AFO CLASS
PARKS AND RECREATION AQUA LOGIC, INC. CEMlCALS
PARKS AND RECREATION AT&T LONG DISTANCE CHARGES/ A
PARKS AND RECREATION TERRY'S ACE HARDWARE ACID
PARKS AND RECREATION TERRY'S ACE HARDWARE BATTERIES
PARKS AND RECREATION TERRY'S ACE HARDWARE REPAIR SUPPLIES
PARKS AND RECREATION TERRY'S ACE HARDWARE SUPPLIES
PARKS AND RECREATION TERRY'S ACE HARDWARE TAPE
PARKS AND RECREATION XCEL ENERGY MAY ELECTRICITY
Total for Department 401
Total for Fund 201
HERITAGE PRESERVATIO AT&T LONG DISTANCE CHARGES/ A
HERITAGE PRESERVATIO TROPHIES PLUS AWARDS PLAQUES
Total for Department 170
Total for Fund 210
LOCAL 320
MINNESOTA NCPERS
Total for
PAYROLL DEDUCTIONS
PAYROLL DEDUCTIONS
Department 000
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
AMOCO OIL CO FUEL
ANOKA-HENNEPIN TECH TUITION/LATCH PAULSON BL
AT&T LONG DISTANCE CHARGES/ A
EQUIPMENT MANAGEMENT COUPLISN/ DUST COVERS
TERRY'S ACE HARDWARE BOLT/ SHIPPING
TERRY'S ACE HARDWARE FASTENERS
TERRY'S ACE HARDWARE SUPPLIES
HAGEMEYER NO AMERICA SENSOR
VOLUNTEER BENEFIT AS INS RENEWAL
XCEL ENERGY MAY ELECTRICITY
Total for Department 210
AMBULANCE
AMBULANCE
AMBULANCE
MOORE MEDICAL CORP. AMBULANCE SUPPLIES
PRAXAIR DISTRIBUTION OXYGEN
ZIEGLER, INC. ANTIFREEZE/COOLANT
Total for Department 220
500.55
14.91
154.43
1,762.57
357.84
534.04
10,848.20*
10,848.20*
220.00
1,670.14
1.20
19.51
18.58
50.27
42.86
12.72
17.54
2,052.82*
2,052.82*
1. 64
93.72
95.36*
95.36*
921.00
64.00
985.00*
25.25
705.00
13 .23
172.18
7.44
5.50
3.39
157.32
259.00
646.51
1,994.82*
171.86
126.33
360.01
658.20*
Date: OS/24/2005
Time: 08:09:41
Operator: BECKY KLINE
Page: 4
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
Total for Fund 213
PARKS AND RECREATION HOISINGTON KOEGLER G PROF SERVICES/ RIVERWOOD
PARKS AND RECREATION HOISINGTON KOEGLER G PROF SERVICES/ SO PINES
Total for Department 401
Total for Fund 401
HOUSING AND REDEVELO DAKOTA COUNTY CDA DEBT SERVICE/MISS TERRAC
Total for Department 500
FINANCE
Total for Fund 402
DELL DIRECT SALES L. FINANCE SERVER
Total for Department 120
Total for Fund 403
HOUSING AND REDEVELO AT&T LONG DISTANCE CHARGES/ A
HOUSING AND REDEVELO EHLERS & ASSOC PROJ COMMUNICATIONS
HOUSING AND REDEVELO EHLERS & ASSOC TAX INCREMENT ANALYSIS/B
HOUSING AND REDEVELO HOISINGTON KOEGLER G RIVERFRONT DEV/PUBLIC 1M
Total for Department 500
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
Total for Fund 404
BARR ENGINEERING CO. BAILEY ST STORM SEWER
BARR ENGINEERING CO. ZWEBER LANE
CONSTRUCTION BULLET I 05-1 DAK HILLS AD/BIDS
Total for Department 300
Total for Fund 495
AT&T LONG DISTANCE CHARGES/ A
BERRY COFFEE COFFEE
DAKOTA ELECTRIC ASSN MONTHLY ELECTRICITY
FRANDRUP MASONRY INC CURB REPLACEMENTS
GOPHER STATE ONE-CAL LOCATES
GRAPHIC DESIGN INSERTS
LOCAL UNION 49 PAYROLL DEDUCTIONS
MINNESOTA NCPERS PAYROLL DEDUCTIONS
NAT'L WATERWORKS METER GEAR
OTTO EXCAVATING, INC REPAIR BROKEN WATER SERV
TERRY'S ACE HARDWARE ANCHOR
TERRY'S ACE HARDWARE KEY
TERRY'S ACE HARDWARE PAINT
TERRY'S ACE HARDWARE PLUG
TERRY'S ACE HARDWARE SUPPLIES
XCEL ENERGY MAY ELECTRICITY
Total for Department 300
3,638.02*
640.18
640.18
1,280.36*
1,280.36*
15,000.00
15,000.00*
15,000.00*
2,482.23
2,482.23*
2,482.23*
1. 04
125.00
525.00
1,005.00
1,656.04*
1,656.04*
1,554.50
4,312.64
212.10
6,079.24*
6,079.24*
11. 82
44.00
93.27
875.00
768.15
288.15
150.00
16.00
83.37
1,460.00
9.53
6.38
21. 29
2.65
161.36
660.29
4,651. 26*
Date: 05!24!2005
Operator: BECKY KLINE
Time: 08:09:41
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 5
Department Vendor Name Description Amount
Total for Fund 600
-------------------- -------------------- ------------------------ ------------
4,651.26*
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
DAKOTA ELECTRIC ASSN MONTHLY ELECTRICITY
FLEXIBLE PIPE TOOL C CAMERA
FLEXIBLE PIPE TOOL C EXTENSION! TIGERTAILS
MCES WASTEWATER SERVICE! 6-05
MSC INDUSTRIAL SUPPL TOOL BOX! CAMERA CASE
XCEL ENERGY MAY ELECTRICITY
Total for Department 300
Total for Fund 601
CITY CLERK LOCAL UNION 49 PAYROLL DEDUCTIONS
CITY CLERK MINNESOTA NCPERS PAYROLL DEDUCTIONS
Total for Department 107
Total for Fund 610
PARKS AND RECREATION JAMIE SWANSON OVERPAY ON ADULT SOCCER
PARKS AND RECREATION AT&T LONG DISTANCE CHARGES! A
PARKS AND RECREATION HASTINGS STAR GAZETT SOCCER AD
PARKS AND RECREATION MINNESOTA NCPERS PAYROLL DEDUCTIONS
PARKS AND RECREATION NEW MECH COMPANIES I LOCKER ROOM! FURNACE REP
Total for Department 401
Total for Fund 615
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
AT&T LONG DISTANCE CHARGES! A
LOCAL UNION 49 PAYROLL DEDUCTIONS
MINNESOTA NCPERS PAYROLL DEDUCTIONS
TERRY'S ACE HARDWARE BULB
TERRY'S ACE HARDWARE SUPPLIES
XCEL ENERGY MAY ELECTRICITY
Total for Department 300
Total for Fund 620
PUBLIC WORKS
PUBLIC WORKS
BARR ENGINEERING CO. PRAIRIE RIDGE
BARR ENGINEERING CO. RIVERWOOD H&H
Total for Department 300
HOUSING AND REDEVELO EHLERS & ASSOC PROJ COMMUNICATIONS
Total for Department 500
Total for Fund 807
Grand Total
160.59
9,020.55
223.25
71,824.59
67.01
1,534.51
82,830.50*
82,830.50*
120.00
16.00
136.00*
136.00*
110.00
2.38
78.87
16.00
6,850.00
7,057.25*
7,057.25*
15.33
30.00
16.00
38.33
98.75
14,843.04
15,041.45*
15,041.45*
3,166.00
593.00
3,759.00*
3,812.50
3,812.50*
7,571.50*
211,643.05*
Qtyof Hlmgs
--
Nenmdm
To: City Council
From: Becky Kline, Finance Department
Date: 5/31/2005
The attached Department Report itemizes vouchers that were paid on
May 31, 2005.
Thank you.
Date: 05/31/2005
Time: 08:33:47
Operator: BECKY KLINE
Page: 1
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
COUNCIL AND MAYOR
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
CITY CLERK
CITY CLERK
FINANCE
FINANCE
FINANCE
FINANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
PLANNING
PLANNING
M.I.S.
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
CNA INSURANCE JUNE PREMIUM
CNA INSURANCE MAY PREMIUM
DELTA DENTAL PLAN OF JUNE PREMIUM
DELTA DENTAL PLAN OF MAY PREMIUM
Total for Department 000
SPRINT
TELEPHONE/MAY
Total for Department 102
GRAPHIC DESIGN ENVELOPES
OFFICE MAX - A BOISE PAPER
OFFICE MAX - A BOISE SUPPLIES
SPRINT TELEPHONE/MAY
Total for Department 105
GRAPHIC DESIGN RAUSCH/ BUS CARDS
SPRINT TELEPHONE/MAY
Total for Department 107
GOV'T ACCT. STANDARD GASB SUBSCRIPTION
GFOA 2005 GAAFR
SPRINT TELEPHONE/MAY
WORK CONNECTION INC KAISER/ WEEK END 5-15
Total for Department 120
DAKOTA COUNTY TREAS- MAR/DAKOTA CO FUEL MONTH
NEXTEL COMMUNICATION CELL PHONE SERVICE
SPRINT TELEPHONE/MAY
T.D.'S CLEANING MAY CLEANING
Total for Department 140
ENVIRONMENTAL SYSTEM SOFTWARE MAINT AGREEMENT
SPRINT TELEPHONE/MAY
Total for Department 150
SPRINT
TELEPHONE/MAY
Total for Department 160
AD X PRESS IMPRINTS CHOICES WRISTBANDS
CITY OF ST LOUIS PAR WORKPLACE TRAINING
DAKOTA COUNTY TREAS - APR/DAKOTA CO FUEL MONTH
DAKOTA COUNTY TREAS - MAR/DAKOTA CO FUEL MONTH
DAKOTA COUNTY EMERGE JPA SOT TEAM/ EMEREGENCY
GRAPHIC DESIGN WARNING TAGS
HASTINGS VEHICLE REG TITLE/ REGISTRATION
MID-AMERICAN SPECIAL CRIME PREVENTION ITEMS
SPRINT TELEPHONE/MAY
TOWN COBBLER/BRIAR P AFFIX ID PATCHES
UNIFORMS UNLIMITED MCMENOMY/ UNIFORMS
WALMART COMMUNITY GENERAL SUPPLIES
Total for Department 201
236.92
236.92
1,841.05
1,726.65
4,041. 54*
13.53
13.53*
185.31
28.64
1,192.41
199.12
1,605.48*
57.51
13.53
71.04*
155.00
119.00
100.98
300.30
675.28*
19.35
43.36
42.71
1,150.80
1,256.22*
766.66
67.63
834.29*
27.:05
27.05*
790.23
59.00
2,786.22
2,656.05
1,726.72
418.55
28.50
391.82
699.27
12.00
184.41
153.45
9,906.22*
Date: 05/31/2005
operator: BECKY KLINE
Time: 08: 33 : 47
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 2
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
APR/DAKOTA CO FUEL MONTH
MAR/DAKOTA CO FUEL MONTH
SAFETY BADGES
TELEPHONE/MAY
COMMUNITY GLOVES/SUPPLIES
Total for Department 230
BUILDING AND INSPECT DAKOTA COUNTY TREAS-
-,-- --
BUILDING AND rNSPECT DAKOTA COUNTY TREAS-
BUILDING AND INSPECT GALLS, INC.
BUILDING AND INSPECT SPRINT
BUILDING AND INSPECT WALMART
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
APWA MEMBERSHIP MEMBERSHIP DUES
DAKOTA COUNTY TREAS- APR/DAKOTA CO FUEL MONTH
DAKOTA COUNTY TREAS- MAR/DAKOTA CO FUEL MONTH
ENVIRONMENTAL EQUIPM BOTOM SCROLL PIECE
ENVIRONMENTAL SYSTEM SOFTWARE MAINT AGREEMENT
SHERWIN-WILLIAMS RAILING PAINT
SPRINT DATA
SPRINT TELEPHONE/MAY
Total for Department 300
Total for Fund 101
PARKS AND RECREATION DEAN MARKUSON CP ADAMS PARK
PARKS AND RECREATION BRYAN ROCK PRODUCTS, RED BALL DIAMOND AGG
PARKS AND RECREATION CANNON ELECTRIC MOTO SWITCH/ BEARING
PARKS AND RECREATION CITY OF ST LOUIS PAR TRAINING/
PARKS AND RECREATION INSIGHT PUBLIC SECTO HP INKJET
PARKS AND RECREATION NINE EAGLES PROMOTIO UNIFORMS
PARKS AND RECREATION SPRINT DATA
PARKS AND RECREATION SPRINT TELEPHONE/MAY
Total for Department 401
Total for Fund 200
CLEANING SUPPLIES
BATTERY
BUSINESS CARD
UNIFORMS
TELEPHONE/MAY
COMMUNITY CARD READER
COMMUNITY OFFICE SUPPLIES
Total for Department 401
PARKS AND RECREATION DALCO
PARKS AND RECREATION EVS SUPPLY
PARKS AND RECREATION GRAPHIC DESIGN
PARKS AND RECREATION NINE EAGLES PROMOTIO
PARKS AND RECREATION SPRINT
PARKS AND RECREATION WALMART
PARKS AND RECREATION WALMART
CABLE
SPRINT
Total for Fund 201
TELEPHONE/MAY
Total for Department 420
Total for Fund 205
TELEPHONE/MAY
Total for Department 170
HERITAGE PRESERVATIO SPRINT
150.00
118.43
140.00
83.16
59.52
551.11 *
505.00
1,829.78
1,608.00
79.45
1,533.34
51. 01
149.29
224.91
5,980.78*
24,962.54*
26.63
517.86
110.76
59.00
156.18
336.00
298.58
271.74
1,776.75*
1,776.75*
194.67
22.18
128.87
2,410.00
122.45
23.43
26.06
2,927.66*
2,927.66*
13.53
13.53*
13.53*
13.53
13.53*
Date: 05/31/2005
Operator: BECKY KLINE
Time: 08:33:47
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 3
Department Vendor Name Description Amount
Total for Fund 210
-------------------- -------------------- ------------------------ ------------
13.53*
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
BUMPER TO BUMPER HALOGEN BULBS/1483
DAKOTA COUNTY TREAS- APR/DAKOTA CO FUEL MONTH
DAKOTA COUNTY TREAS - MAR/DAKOTA CO FUEL MONTH
EMERGENCY APPARATUS ENGINE REPAIR
FAIR OFFICE WORLD OFFICE SUPPLIES
HENNEPIN TECHNICAL C TUITION
NEXTEL COMMUNICATION CELL PHONE CHARGES
REGINA MEDICAL CENTE CTC SERVICE CONTRACT
SPRINT TELEPHONE/MAY
HAGEMEYER NO AMERICA SENSOR OXYGEN
WALMART COMMUNITY STATION SUPPLIES
Total for Department 210
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
BOYER FORD TRUCKS AMBULANCE REPAIR
DAKOTA COUNTY TREAS- APR/DAKOTA CO FUEL MONTH
DAKOTA COUNTY TREAS - MAR/DAKOTA CO FUEL MONTH
MEDTRONIC PHYSIO-CON SIREN WALL CABINET
NINETY-FOUR SERVICES AMBULANCE/ FRONT REPLACE
SOUTH EAST TOWING OF AMBULANCE TOW
Total for Department 220
Total for Fund 213
PUBLIC WORKS TKDA ENGINEERS SALT SHED DESIGN
Total for Department 300
Total for Fund 403
HOUSING AND REDEVELO SPRINT TELEPHONE/MAY
Total for Department 500
Total for Fund 404
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
BERRY COFFEE COFFEE
DAKOTA COUNTY TREAS- APR/DAKOTA CO FUEL MONTH
DAKOTA COUNTY TREAS - MAR/DAKOTA CO FUEL MONTH
ECOLAB PEST ELIM.DIV ODOR UNITS
MN PIPE & EQUIPMENT GATE VALVE
MN PIPE & EQUIPMENT MARKING PAINT
NAT'L WATERWORKS METERS
SPRINT DATA
SPRINT TELEPHONE/MAY
T.D.'S CLEANING MAY CLEANING
U.S. POSTMASTER WATER BILLS
WALMART COMMUNITY GLOVES/SUPPLIES
Total for Department 300
Total for Fund 600
11.98
788.90
594.91
1,187.31
175.73
180.00
84.80
1,000.00
494 .27
176.75
156.93
4,851. 58*
329.04
674.55
854.71
231.06
54.73
165.58
2,309.67*
7,161. 25*
2,287.13
2,287.13*
2,287.13*
13.53
13.53*
13 .53 *
44.00
796.57
926.62
99.05
371.48
-178.41
6,515.80
149.29
130.22
319.50
786.94
35.04
9,996.10*
9,996.10*
Date: 05/31/2005
Operator: BECKY KLINE
Time: 08:33:47
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 4
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
PUBLIC WORKS
DAKOTA COUNTY TREAS- APR/DAKOTA CO FUEL MONTH
Total for Department 300
Total for Fund 601
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
BOYER FORD TRUCKS ALTERNATOR
BOYER FORD TRUCKS BRAKE KIT
BOYER FORD TRUCKS CORE RETURN
DAKOTA COUNTY TREAS - APR/DAKOTA CO FUEL MONTH
DAKOTA COUNTY TREAS- MAR/DAKOTA CO FUEL MONTH
HASTINGS TIRE & AUTO TIRES
KREMER SPRING & ALIG REPLACE TIE RODS
MN BODY & EQUI PMENT WHCH PARTS
MOTOR PARTS SERVICE FILTERS
NEXTEL COMMUNICATION CELL PHONE SERVICE
SPRINT TELEPHONE/MAY
Total for Department 107
Total for Fund 610
PARKS AND RECREATION MAXIMUM SOLUTIONS, I 2005 UPGRADE
PARKS AND RECREATION MN DEPT PUBLIC SAFET HAZ CHEM INVENTORY FEE
PARKS AND RECREATION SPRINT DATA
PARKS AND RECREATION SPRINT TELEPHONE/MAY
PARKS AND RECREATION WIKK INDUSTRIES INC SWITCH
Total for Department 401
Total for Fund 615
PUBLIC WORKS
PUBLIC WORKS
PUBLI C WORKS
SANDBLASTING/ PAINT
REPAIR BEARING
TELEPHONE/MAY
Total for Department 300
BRETSCHNEIDER, FRANC
FUSION BABBITTING CO
SPRINT
Total for Fund 620
Grand Total
129.11
129.11*
129.11*
284.42
210.43
-95.85
1,537.81
1,794.63
337.60
414.02
21. 30
151.32
41.22
17.53
4,714.43*
4,714.43*
26.57
25.00
298.57
90.91
73.14
514.19*
514.19*
17,400.00
1,790.14
42.71
19,232.85*
19,232.85*
73,742.60*
VI-2
Memo
+0:
Mayor Werner and City Council
From:
Tom Bakken, Building Official
Date:
June 6, 2005
Subject:
Requesting Approval to lease a vehicle from O'BriEm Chevrolet
REQUEST
The City Council is asked to approve the attached lease contract for a 2005 Chevrolet Pick
Up Truck.
The Building Safety Department has added another full time Building Inspector which gives
our department a total of 3 inspectors, a Code Enforcement officer, and me. We currently
have 2 trucks and 2 old 'police cars. The cars have been in and out of the repair shops
leaving us short handed with vehicles not to mention the repair cost. Another new truck
would provide us with a more reliable fleet to provide our services to the City of Hastings.
The planning department oc~asionally uses one of the vehicles for site inspections also
reducing available transportation.
The funds forthis purchase would come from the departments Capital ERF Fund which at
the present time is in excess of $23,000.
ATTACHMENT
. . O'Brien Chevrolet Lease Quote
Ma~ 13 05 12:51p
651-437-7022
---
JOE O'BRIEN CHEVROLET, 1'\tC.
2-929 Hwy 316
Aostings, MN 55033
(651)437-4161 Phone
(651) 437-7022 Fax
Hay 13, 2005
To: Tom Bakken
Building Official
Ci ty of Hastings
From: Holly O'Brien
Here is the lease quote for the 2005 Chevrolet 1500 Silverado 2 wheel drive
regular cab pickup wi th the ~.]ork Truck Package.
This quote is based on a truck wi th an MSRP of $20,820.00.
Lease cost after all rebates is $15,000.00.
Like the other leases you are currently doing, this is a 48 month, 10,000 mile
per year lease 'With no security deposit required. .
The base payment would be $300.00/mth plus tax of $19.50 for a total payment of
$319.50.
The money due at lease signing would be the first monthly payment of $319.50
plus the license/title fees of $327.75 for a total of $647.25.
The residual/buyout after 48 months will be $4,000.00 plus tax/title fees.
Thank you again for the opportunity to earn your business.
Please give me a call if you have any questions.
1~[)&u-
p.1
VI-3
-- -
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Phone 651-480-6175 Fax 651-437-5396
www.ci.hastings.mn.us
Date:
5/23/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Equipment Purchase
Background Information:
The Parks and Recreation Department has applied for and received a Minnesota
Department of Labor and Industry Safety Grant for the amount of $2,500. This grant has
been awarded to purchase a new flat bed trailer to minimize the need for our maintenance
staff to travel on busy city streets with slow moving and limited visibility equipment.
The Parks and Recreation Department has funding available in the equipment account
200-401-4101-6580. The department is requesting that the City Council authorize the
purchase of this trailer for the amount of the State bid price of $5734.23. In return, the
City will be reimbursed $2,500 as part of the grant award.
Council Action Requested:
1. To approve the proposed purchase of this equipment
2. Not to approve the proposed equipment purchase
3. Send back to committee for further discussion
REF: City Council/memo safety grand trailer 2005
VI-4
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 06- -05
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE PARKS DEPARTMENT
--.-
WHEREAS, the Employees at Smead Manufacturing have presented to
the City Parks Department a donation of $400.00 and have designated that this
donation be used for the purchase of a memorial bench to be placed in a City
Park; and
WHEREAS, the City Council is appreciative of the donation and
commends the Employees at Smead Manufacturing for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for a memorial bench to be
placed in a City Park.
3. That the 2005 Parks and Recreation Budget be adjusted accordingly.
Adopted this 6th day of June, 2005
Michael Werner, Mayor
Attest:
Melanie Mesko Lee, Assistant City Administrator/City Clerk
VI-5
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 06- -05
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE PARKS DEPARTMENT
-- -
WHEREAS, the Robert and Reinera Weber have presented to the City
Parks Department a donation of $1,000.00 and have designated that this
donation be used for the purchase of trees to be planted in a City Park; and
WHEREAS, the City Council is appreciative of the donation and
commends the Employees at Smead Manufacturing for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota; .
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated the purchase of trees to be
planted in a City Park.
3. That the 2005 Parks and Recreation Budget be adjusted accordingly.
Adopted this 6th day of June, 2005
Michael Werner, Mayor
Attest:
Melanie Mesko Lee, Assistant City Administrator/City Clerk
VI-6
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Pbone 651-480-6175 Fax 651-437-5396
www.ci.bastings.mn.us
Date:
6/1/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Agreement between Legion Post 47 and the City of Hastings
Background Information:
As many of you know, the Hastings Legion Post put in a very attractive patio on the north
side of their building. In addition, the Legion Post placed a sidewalk ground level with
Levee Park on the north side of the patio. By all estimation, the sidewalk is withtn the
Legion's easement, with the exception of approximately 15' which is on City property. I
have enclosed a picture for your review.
I received a call from the Legion to discuss the sidewalk issue on Wednesday, May 11. It
was explained to me that due to the volunteers being used and the timing of the sidewalk
installation, there was not sufficient time to bring the issue of the sidewalk on City
property issue forward to council for formal action. The authorization was granted by
City staff to construct the sidewalk on City property with the understanding the City
Council may not approve the sidewalk and that the Legion Post will sign an agreement to
hold the City harmless if an injury occurs and eliminating seasonal and ongoing
maintenance by the City of Hastings.
I have enclosed the agreement for your review. The agreement has been reviewed by the
City Attorney.
Council Action Requested:
1. To approve the sidewalk on City property and the agreement
2. Not to approve the sidewalk and the Legion Post 47 remove the section of
sidewalk on City property.
3. Send back to committee for further discussion
REF: City Council/memo legion post sidewalk 2005
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Phone 651-480-6175 Fax 651-437-5396
www.d.hastings.mn.us
Hastings American Legion Post 47
And
The City of Hastings
Levee Park Sidewalk Agreement
The City of Hastings agrees to allow the Hastings American Legion Post 47 to construct a section of
sidewalk on City property east of the Hastings American Legion property to connect to the existing City
sidewalk that runs north into the park from Sibley Street. See addendum A.
The Hastings American Legion Post 47 agrees to hold harmless, defend and indemnify the City of
Hastings from any and all claims resulting in any property damage, personal injury or death that occurs on
the section of American Legion's sidewalk that is on City property. Furthermore, the Hastings American
Legion, at the Legion's sole cost, will perform and be responsible for all seasonal maintenance and repairs
to the section of sidewalk on City property. The City will inspect the sidewalk on City property and will
determine if repairs are needed. If it is determined that repairs are needed, all repairs will be at the cost of
the Hastings American Legion. If routine seasonal maintenance and repairs are not completed to the
satisfaction of the City of Hastings, the section of sidewalk on City property may be removed by the City
as provided below.
At any point in the future, the City may determine that the portion of sidewalk on City property is to be
removed. American Legion forfeits any claim of ownership of this sidewalk or land the sidewalk sits on.
Hastings American Legion agrees to be responsible for all costs associated with the removal of the
Legion's sidewalk on the City's property. If the City removes the portion of the American Legion's
sidewalk on City property, the City will not be responsible to the American Legion for any costs or
. damages resulting from the removal of the sidewalk.
By signing this agreement, the Hastings American Legion Post agrees to the conditions set forth and
agrees to abide by them.
Hastings American Legion Post 47
City of Hastings, a Minnesota Municipal Corporation
American Legion Signature
Date
Michael!). VVenner,Mayor
Date
American Legion Signature
Date
Melanie Mesko Lee, City Clerk
Assistant City Administrator
Date
(SEAL)
Addendum A
VI-7
-- -
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Phone 651-480-6175 Fax 651-437-5396
www.d.bastings.mn.us
Date:
6/1/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Lake Isabel Sediment Study
Background Information:
As we proceed with possible improvements to Lake Isabel, in order to determine what
and if we are able to dredge a one acre area, we must first study the lake bottom for any
contamination. A similar study was conducted approximately in 1985, but it is felt with
advancements in technology and methods, a new study would better define the lake
sediment.
I am seeking Council's authorization to have Braun Intertec Corporation to conduct a
study of Lake Isabel proposed dredging site. The cost of this study is approximately
$3,018.
Council Action Requested:
1. To authorize the study
2. Not to approve the study
3. Send back to committee for further discussion
REF: City Council/memo lake Isabel lake sediment study 2005
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Page 1 of2
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Barry Bernstein
From: Steve Klein [sklein@barr.com]
Sent: Friday, May 27, 2005 2:15 PM
To: Barry Bernstein; Dave Osberg
Subject: FW: Cost Estimate for Sediment Sampling @ Lake Isabelle in Hastings
-- -
Dave and Barry... ...
I have prepared a preliminary cost estimate for obtaining 3 sediment cores in the area planned to be dredged for
the fishing pier and having them analyzed for heavy metals, volatile organics, phosphorus, nitrogen and other
constituents. The cost is not cheep and is broken down as follows:
1) Field preparation, field work to take sediment cores, and transport to laboratory... .. ..$2300
2) Laboratory Analyses... ... ... ... ... ... .., ... ... ... ... ... ...... ... ... ... ... ... ... ... .-. ... ...... ..- ... ... .$8500
3) Report... . .. ... .. . ... . .. ... .. . ... .. . ... ... ... . .. . .. . .. ... . .. . .. .. . .. . ... . .. .. . . .. .. . .. . ... .. . . .. .. . .. . ... .... $1500
Total $12,300
I am trying to get a breakdown on the analytical to see if there are ways to reduce the lab costs. I assume this
$12,300 cost is more than what you expected. It was more than I expected. I will let you know what I find out.
Please let me know if this cost is too much. We could obviously reduce costs by taking less cores(Le.... one or
two), and giving you a short e-mail memo instead of a written report.
Steve
Here is a cost-estimate for sampling sediments in Lake Isabelle, near the boat ramp there. The city wants to
dredge in this area, down to a depth of 10-feet, and then install a fishing pier. The current water depth ranges
from 2- to 4-feet. This would require collection of 3 cores down to a depth of 10-feet. Subsamples of each core
would need to be analyzed for the same list of parameters as for Wood gate Pond in Mtka. Can you please
respond to Steve (and copy me, please) with an itemized cost estimate before Thursday? I can look into
chemistry costs if you can tell me field costs. Thanks!!
5/30/2005
t' W: L,ost tstllTIate tor Sediment Sampling (p'J Lake isabelle in Hastings
Page 2 of2
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Limnologist, Vice President
Barr Engineering Company
4700 West 77th Street
Edi~, MN 55435-4803
Phone: (952) 832-2804
Fax: (952) 832-2601
E-mail: hruQk~@barL9om
5/30/2005
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Fax Transmittal
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Direct Dial: 95~'" 9'15'"- ;;"(50
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Number of Pages: b (:including cover)
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Please advise if yOIl n.ILM received th.is commlmication in error.
Brau.ll Intertec Corporation
11001 Ha.mpshire Avenue South
Minnea.polis, 10-"1\1 55438
phone: (952) 995-2000 Fax: 995-2020
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lvA.iriw~()ry.~!i:;. hllf-...l 55~ J 8 -'I'!~~: :;1")tJ:"iinr~dl~(;.(:()(T1
May 20, 2005
Proposal BL-OS-O 1032
(Revised)
-_.-
Kevin D.. Smit1,
Hastings Parks and Recreation Department
920 West 10th Street
Hastings, Minnesota 55033
Re~. Proposal to Conduct Lake Sediment Sampling
Lake Isabella
Hastings, MiTh'1.csota.
Dear Mr. Smith:
Braun lntertec Cor.poration (Braun Intertec) is pleased to present this proposal to conduct lake
sediment sampling at Lake Isabella in Hasti.ngs, Minnesota.. This proposal outlines l~e scope of
services and cost estimates to evaluate the lake sediments for contaminants.
Project UnderstandiD.g
It is our understa...'1ding that the Citj of Hastings (City) intends to dredge sediments from Lake
Isabella. The area to be dredged is approximately one acre in size and the depth of dredging will be
approximately nine feet.. The sediment ",rill be land-spread or landfilled pending a:na1ytical results.
Scope of Services
Based on our understanding of the site conditions and the proposed diedging activities, we propose to
collect two sediment samples. The sediment samples ,viIl be collected using a boat at two separate
locations within the proposed area to be dredged. Sediment cores '\ViIl be collected using a push-type
sampler. Sampling locations will be located in the field using a global-positioning system having
sub-meter accuracy. The samples wiil be submitted to the Braun Intertec laboratory for analyses of
the following parameters:.
Organoch1orine pesticides and PCBs using United States Environmental Protection Agency
(EPA) Method 8081/8082.
. Priority Pollutant Metals using EP A Method 6010 and 7471.
Polynuclear aromatic hydrocarbons (P AHs) using EP A Method 8270.
The parameter list wa.s discussed with and verbally approved by the Dakota County Environmental
Management Department. Verba1 resu1ts offhe assessment vvi.ll be provided to you as they btcome
available to us. Upon completion of the on-site work and chemical analyses, a letter report wi11 be
prepared detailing our methods, results and conclusions..
._ Providing Cllgineering and f.r>..,i,.(>I1.111e.nta1 sO/ia.ioTls si:!c.:e /957
_v
-
"
Hastings Parks and Recreation Depc.rtment
Proposal BL-05-01032 (Revised)
May 20, 2005
l)age 2
, Scheduling
Based on our current scheduk, we will be able to begin the Scope of Services within 1 to 2 weeks
of our receipt of your written authorization. Standard turnaround time on laboratory analyses is
about 12 workIDg days. However, faster turnaround times are available at an additional cost. Upon
request, we can pwvide you with costs associated with specific rush turrurround times"
Costs
We will furnish the services described herein on an hourly and unit cost basis. Based on our current
understanding of the site conditions and the assumptions stated in this proposal, we project the total
cost to perform the Scope of Services will be about $3,018. Althou.gh the actual cost may be more or
1ess than the estimated 'cost, the estimated cost wiH not be exceeded by more than 10 percent without
additional authorization from you. The estimated cost breakdown by activity is attached.
The cost estimates presented in this proposal are based on the assu.mption the proposal win be
authorized within 10 days, and the project wi11 be completed whi1e tbe lake ice is safe to access. If
the project is not authorized within this timBframe, we reserve the right to resubmit the cost estimate.
If Braun Intertec is authorized to conduct the proposed evaJuation, you will be invoiced on a monthly
ba.sis for the services performed under this proposed contrdCt. Terms for payment aT services are due
upon receipt with interest added to unpaid 'balances according to the aU.aehed General Conditions,
which are a part oft1tis contract
Acceptance of Proposa.l
This proposal is being presented in duplicate, If it is acceptable to you, one copy em be retained for
your records, and one copy can be signed and retilJ.-ned to us as \',ritten authori:Gation to proc~ed" We
wil1 begin the project upon receipt oryout' written authorization.
We appreciate the opportunity to provi.de our professional services to you for this project If you
have questions conccmi.Tlg the contents of this proposal, please call me at 952.995.2430"
Sii,1cere1y,
B~~ZV
Michael L. Bratrud PG
Associate Principa.l
Attac:hrnent.s:
General Conditions (3-1-03)
Cost Summary
I'roposal.uk~ Isabdla
-
,-,v.
- ~ ~. -
Hastings Parks and Recreation Department
Proposal BL-05.0 1032 (Revised)
May 20, 2005
Page 3
Signature Page
Re: Proposal to Conduct Lake Sediment Sampling
Lake Isabella
Hastings, Minnesota
Braun Intcrtcc appreciates the opportunity to present this proposal to you. It is being presented in
duplicate so if it is acceptable, the original can be retained for your records and the copy call be
signed and returned to us by fax or u.s. Mail it! its el!tirety, il:cludillg the General Conditions, as
written authorization to proceed.. We -,vin "begin the project upon receipt of your authoriultion..
The estimated cost of...?3.0 18 presented in th is proposal is based on the scope of services described
and the assumption that the proposal win be autnorized within 10 days and that the project \\ill be
compl~ted within the proposed schedule. Hthe project is not authorized within 10 days, we may
need to modify the proposal. If the project cannot be completed within the proposed schedule due to
circumstances beyond our control, revi.singthe pro?osal may be required for completion oftl1e
remaining tasks.
Payment for services is due upon receipt of invoice, with interest added to unpaid balances after
30 days, in accordance with the attached General Conditions, which are a part of this proposed
contract.
AuthorizatioIl to Proceed:
Please proceed according to the described scope of services and Genera! Conditions:
Authorizer's Firm
Authorizer's Signature
Authorizer's Title
Authorizerts Name (please print or type)
Date
Propo$I!.I-Ls.kc 15ab::1!a
I~. :.
-
General Conditions
Our agret':rm:nl wi lh >,ou consists of t.hese
Ge1\~l'al Conditions illltll)l:: al:(;()mp~n>"i;1g
written proposal or a\1!horizatio1\.
Se,e~01\ 1:
Our Rc~pl1nsihi\ities
1.1 W:: will provid:: th:: profe~sicmal
services ,peciiical1y described in our written
ag.rccmel\t with YO\1. YOll agree lhal w:: ar:: not
rcsponsible for professional services 111 at are
not filir1y included in our specific undc!'1aking.
Un1::};s olh::rwis:: ilgrccd in wl;t.ing. ~II of 0\11'
record findin~s, opinions.. iln:l
ree:ommendmions win be proviu.::d 10 )'OU in
writing. You ~grec not to rely 01\ oral findings,
(1pink111s. 01' rccoInmcndat.ions withom Ollr
wri tl::n ilpprovd
1.2 In performing om serviecs, we will
UnC thill dCbrr::= of Cllre and ski \I ordinarily
exi:;cis::u. urH.1::r simihr circumstances by
reputabl" member;; of our f!mf::ssion
pracricing in thc same locality. If y()U dircl:1 us
to dcvialc from om rcconuucnded procedlU'tS,
you ab'T'Cl: to hold lIs h:1.11,'lcss from all elalms,
dama]!:::s, and ::xpens::s ari~ing out of your
dir<:cliOrl
1_1 W<: will ror::r::n~" OUT field
ob.eI'\."alions and ~ampling to availah!::
rcfercllc,;: poirltS, bUl we \vill not surv<:y, sd,
or chcd: t.hc acetlfacy of rhos;: polms unl;:ss
we nooc:pt that duty in writing. It. is undcrstood
lhal locutions of field obc:rvation~ ()r
sampling described in ()ur r::purl m ~hown on
our skctches are based on illforrnali(J!I
provided by orhers or cstimates made. by our
personnel. 'I'\1U agree 1.h(\t such dimensiolls,
u::plhs, or d::Yation~ an: approximations
unless specilically sl<it::d olh::rwi~:: in the:
report. You accepr the illherel!l risk lhat
sa.rnp.lcs or obscrvarlollS may not bc
rcprcs::ntativo of thing:$ not samplcd or seen
and, furlhcr" that site condition" ma)' change
over titne.
1.4 Our dulies do nol indud::
supelvising your contractors or cor1\Ini:!\ling
on. oversceing. or providing the mea!lS and
mdht)tls oflhcir W(1rk, unlcss wc acccpt such
tlLLli::s in writing. W:: will not hc n.:spon$ible
for the failure of your contractors tu pcrfmm
ill accordance with .their ulldutakings, and the
providing of Ollr scrvices will not relicve
othcrs ,)f th::iT re:sponsibilities to you or to
other>_
1.5 \V:: will provide: il h::alth and safely
program for our employees, bul we:: will nut b::
responsiblc for contractor. job, 01' site health
or safety IInlC:$$ we acccpt t.ha.t. duty in writing.
1.6 Our estimates of construction or
n:modiar.ion com will be base.d 011 informa-
tion available to Ir~ and (1\1 our expclienec and
knowlcu.ge:. Such c::stimfllc,; arc: an cxol'oioc of
om ;>ro1;;$5iollal judgrn<:lIl aml arc nol
g11ara1\lccd or warranted. ^ctual c(),;L, may
vary, Y011 shouid ::1llow a cOL1tingerv;y in
1l,!dition to c!;r.ima td cost.s,
Section 2:
Your Responsibilities
2.1 You will pn)vide aCl:ess to th:: site.
In thc cowsc of 0\11' work some ~ile d.u)tage b
nonn;d eve\1 when d\lC care is excrd>ed. We
will use TC:il"omlbJc C~lTi:: 1.0 minimize: damagc
to th:: site:. \V:: n3"e nol ;nclndc:d T.hc C(~$t. of
;'estoI'aliM ()[" normal tlarrul.ge. in the cslim:lWd
char~cs. We will corrc.:;t [\()rrnal darrtlg~ ~t
YO\lr direction and cxpense
2.2 You agcf.i: to provide lL~, in a lim::1y
m!).nncr. wiih information that you have
regarding buried t1bjecr.s at.thc site. Until we
have compklod our wnrk, )'tH1 ilgrCC r.tl
provide us wilh all of YOLL:- plans, chans::,; ;n
plans. and new itlfoI1uation as 11.) :iite
condicions, Wc witl !lot be responsible for
healing buricd objeeT.s at. ihe site tllllcss we
ill:Ccptlhat duly ill wri:ing. Yt1\1 :1.grec to hold
uS hartuh:f.)S from an c1aln1s, d~m~gc:s,:, lo:~~c~)
and relaied expe.nses illvolvinf; buri::ll objoCl~
of which YO\1 llad knowledg" but did !l01
time!y cat! t(1 0\1r ar.r.cmion or correerly show
on thc plans you or ()thero; on YO\lr bch~.1f
furni~h~d \() us.
2.3 YOLL will be r-...~pon~jb1e for the
coopemtion of yOLLr i:mploye::s anll )'ou.r
contractors in observing all radiation safety
stand;l.rd$ after we notify YO\lt\1at radiographic
or gllmma ray equipment or ~l1o\.hcr m1Clear
lesling or mt:.aslrring d:::....-icc \\'111 he used
2.4 YOt1 will llotit)' us of any kn()w l::dge
pr sU$picion oftb.c presenec ofllazardous 01'
dangerous matcnals in a $a.111plc provided lO
us. You a~re:e: to provide ll.~ with infon"ati<)n
in your posS~,~iOIt or conlro) rdaling 10
contamination at ,he work site. [1' we obsetve
or $u~peot. tho prescnee of eontall1illamS 110t
al1ticipalcJ in nur !Lgrccrnl:nt, we m~lY
tenllinate OLlr work withoUlliubilit)' to you or
to others. and W~ wlll be paid for th~ services
we h;lve providcd
l.5 Ncith-::r this agreement nor the
providing of services wi1l opcrate to mal:e \1S
an ow'nc::r, op~r.:llOr, gt:ncnlt<Jf) transp(\r~T,
treater, stor~r, or a di>po,al rucilil)' wilhin tho
mcaning of the Resource Conservation
BRAUN
I NTE RTEC
Recovery Act, as am::ndc:d, or within the
meaning 0[" any olher Jaw govc:.ming the
handling, treatment, slorag", or disposal or
hazardous matcrials. YOll ag.ree to hold us
han"lcs$ Itlld jl1(ier!1nify \IS from any such
claim or loss.
2.6 t)rilling. well installallon. and
romt:dialioll :;erviee" may involve ri.k of
\:ross-coTllaminulion or pn::viollsl)'
1.1I\contan\inr1tod air, soil, alld wati:r. Ir you !Lre
requcsting that \'\i~ provide services Ihat
inel\ldc this risk. YOl\ agrce to hold 11S
han"lcs~ :md indcmnify \1$ from eross-
con lamination claim,; ilml dama~:::<.. IInle,;, r.hl:
loss i~i calr:;ed by (Hlr n,,~ligencc.
2.7 YOIl as'Tce 10 makc diso!OSllrc~
I..::ql.(ired by law. In lb:: "v::lll you do nol own
the SilC, yot! ackno",ledg~ Ihal il is your dUl)'
t.o inform tbe own.:r of the: diseoycry or .
rcle;lse (If cont~n)inam.s at the sitc, You agrec
to hold IlS harm los, and inclt:111nify liS from <III
claims rdat::u. to llisdosure:i mad:: by us lhat
are requil'ed by law and froI1\ all cl~(il!1:; rdal:::1
t.o the iIlforinillg or failm,;: to inform the site
owncr of the di,covcry of COD1aminatJts,
S~etion 3:
Reports and Records
3.1 We: will Ibrnisl1 reports to yO(\ in
duplk~tc. We wilt rct.ainana!)1.ical data for
seven yea;:; and f1'n~nci~1.l data f{)i three yca.r.5.
3.2 All samplcs rcmaining dt.er r.csrs are:
wnducled and fi::\d and bhoratmy eCju;pmc:nt
thal cannot be adcqual::1y l:l::ans::u or
(~Olltaminants are and continue 10 b~. your
propeny. They w!U bc discarded or re1\l1'll~d to
Y(HI, tIt ollr di~cl'etion. Imless within 15 days
of th:: rc:.po:-l date: )'tlLL givl: u, v...rillen direction
10 ,tore or lrans!"::r lh:: malerials al your
expense.
3.3 Our J';:portS, not~" cakulalit)I1s, and
other doel1mentS and 0\11' eomptllCr software
and data. arc in5trume11!.$ of O\lt scrvice 1.O Y011.,
and th::y r::main our property hut arc 511bject
to .\ license 10 yOLL ror your us:: in lh:: r::1utcd
projcct tor th~ pm'poses diselos"d 10 us. YOl(
may not. t.r~nsfer ol1r rcports to othcrs or llSC
lh<:m ror a purro,e fm' which they were not
p!":pareJ withuut ULLr writtcn approval, which
wi1l 110t be unr~a$oI\ably wilhheld. At your
reqlles1, we will provide endorscm,;:ms of OUI'
reports or let.ters ofrc/iance. bllt. only iithe
r::cipi<:nL~ a:''Te:e Ln hc hound hy thc tmms of
our agreement Wilh you anu only if w:: are
paid the admiJ1istrativ~ tee stated in our then
CUTTcnt Schcdl11c of Chargcs,
. IJriJ{.,:Jir~:! c:n,~int(.:riT!g ,mJ CT!viroT17Ttl:nrcil :\o!uriap_'i .~rncf. 1957
3.4 !f you do rWt PilY ror ()ur se:~vi~e:, :'I!;
agreed. we may retain a11 \vork not yd
d::li vcr:::! to )'0\1 .1nd you .1gr~.~ to return [(} US
all of our work that i~ in yc>u\" poss~ssjon or'
tJnd",.r your c:ontrol. You agree nOT to use or
rely upon OU!' work ft)r "ny purpose
whatsocvcf1mtil it is p:lid [,,>r in ful!
Section 4:
Compensation
4. I You wil! pay for sCTyices as agreed
upon O!' according to ou,r then eum:n!.
Schedule ofCharg.es if there is no oth"r
wnuen:!grcen.1ent as 10 price. ,\n estimated
Cost is not a fim1 tlgurc, You agree ro pay .111
sa].:~ taxes ami other taxes hased on your
paymellt of Ollr c:ompcmsation. Our
performance is Sllt~ject to c:redil approval and
payment. of any sped!ic.d I'etainu
4.2- YOl1 ,viii notify lLS ofhil!;ng disputes
wit.hill 1.5 days, You will pay all umlisputed
portions of in\'(11ce$ 011 rc\.cipr. You agree t()
pay. inlerest on unpaid ba!;,nces bq~i:uling 30
days aJier invoic:e dal::~ :tllho r;i.t.c: of 1.5% per
month. but nor to e.\c.i:td the maximum rat~
allowed by law
4.3 lfyotl diri:ct liS to invoice another,.
we; will do ~o. bmyoll agf~e to hi: rcsponsihb
for our c:omp~nsalion unless YOll pI'ovid" us
with lhat person's written ~.eeeptane\. of aU
terms of (Jur a.greerT1ent unci we; H?,rec to ext\.nd
credit 10 thar perso!\ a.rld to r::1ease you.
4.4 Y(JU agrec 10 (;t1mpc.:ns:.IIC: us for Qur
reasonable f~es and t,;'(penscs j f we urc
requir~d to respolld to legal pfOl'''SS arising
oulof u proceeding: rdated 10 the pr~ject and
as to whic:h we arc llot a pa.rty.
4.5 Ifwe :'Ire ddaycd by factors beyolld
our control, ()T if project conditio!)s or the
scope Or :.\IllOllllt oj" work change, or if
eh~ngcd labor union conditions rcsulL in
increased coSts. d\.ereased e!liciency, Or
ddqs, or if the ,tanda.rds or me1hods c.hange,
we will giv.: you lim::!>' notice Ilnd we will
receive all el,uitable adj LLStrncnt of our
compensation, It"you and we do not reac:h
agreement on such oompellsatio11 within 30
days ()[ our written application. w\. may
renninate without liahilil)' to ycm or others
4.6 If you fail to PU)' liS within 60 days
following invoice dolt.:, wt:: may consider rhe
dcfa.lIlt a. T.01.a] breach of OIU' agreement und, at
our option., tcnuinate aU of om duties without
liability to you or to other:;.
4.7 Tn ccmsider:'llion of our providing
inSUtaIlec t() Cover cJuims made by YO\l. YOII
hereby waive any right of of[,et as 10 fec:; due
\1S,
;.
Se\.tion 5:
Disputc~. Darmlgc, ane!
RiskAlloeatto!\
S.l DispU!~s wjJl be ~ubmi!lC'.d to
Altemilth-e Dispmc Resolmjoll (.I\.DR) as a
condition precedent to lit.ig3t.ion, .Each orus
wi]) t..~erc.isC' goocl failh ef'f<Hi., to resolve
dispute::; Ihroll~!J a mululi]]Y acccptable ADI{
pro\.edure. Collectio.:>I1S willl1o[ h:: ~uhmitl~(1
t,1 A I HZ
5.2 We will not be liahle for special.
im:idcl1t:\.I. CQllscq\lcmial. or punitive
damages, including but not. limited to tho;i:
arising from delu)', los!; (If l!!;C. loss of profits
01' reVi:rlue, k)~~ of finam.:ing e:oml11i1.t11cn1.$ or
fees. or the eOSI or capital
5.3 \V'O will not hc !iahlc for damagC$
unkss suit is comm':lIc"d wilhin lwo ycars of
the G:\t.e ofilljUlY or loss O!' within lwo years
of the dat.e ofthe eompie1ioll of our sel'l'ki:s,
whic:hc\'er i~ earlier. We will not. bc Habh::
unless you Imve notified us o[the dis(:ovcIY of
1he ciaimed bl'eac:h of conlra;;!, neglige:nl act
or omission within 30 day~ l)I"the date of
di!;e"vcl")' al1d \H1Jcss you have g.iy"n llS all
opportunity to invcst.ig:\1.e and 10 reeomlll-<'.nd
\...,ayi; or miligating c1U11'\agc~.
5.4 For you to obt;,in the bcnetil of a !~~
which incluoes a rea~onahb alhlwil11ec for
rlsks~ you ag['~,~ thal our aggn:gl1Lc ii~h;Jily
wi llno1 exceed lh~ f'-<>.e paid It)r our scrvices or
$50,000, whichever is greater. and YOlL agrt.:
to iml::mniCy us fmm :)I! li,ibiJ.ity 10 others ill
e.\I'i:~S of that umoun t. I f you arc unwi 1 ling to
<1eeCpl this allocation of risk, we: will increase
ollr aggregate liability to S 1 00,000 provided
that, within 10 days ofthc date of this
agreement, you provide payment. in an amount
that w ilJ increase our f c::s oy I 0%,. but 110T kss
than $500, to compensate us for the greater
risk undertakcll. This inc:'eased It:: is lIotthe
purchase of insurance
S5 Ifyo\l do 1101. pay uS within 60 Uuys
ofinvo;ce claw, orifyO\) make a claim aga.inst
uS that is resolved in our favor. )'0\1 agree to
reimburse l)ur ::xpcnses, including hut not
. limited to aitorney ltes, starr lime, eXpt::rl
witness fees, and other costs 01" col1.:ctio!l or
litigalion.
5.6 ',["he bw oft.he st.atc ill which our
~ervi(;ing offie;e i~ located will govern .111
disputes. Each of lIS waivt::s tnal by JUT)' on
0\11" 0'''\'11 b~half and Oil beh111 f of our
sUOe('lmr3ctors and assigns.
Section 6:
C;e!l~!'a! Iudcrnnificu(jon
6.1 We 'wj[l indemni(y ilnd hold )'ou
ham1lcss from and against di:mauds, darnugcs"
and expcllse:S to t.he c:0111para:ive extent they
ar;; caused hy our negligent. acts or omissions
or those nt'gligent acls or omissions ,>fpersoas
for w110m we are legally r::sponsihlc. You wi II
indc1J1uii)" and hold us harmless fruUl am.!
aga;n~l demand.,. damages. <lnd exptnse> to
tht:: (;omparativc exlen!: t.hey ;!re \.~\15ed by
your negligent '-Icts ()f omission!: or 1.hose
negHgem acts or omissions of pcrsons for
whom yotl arc legally respon~ibk
6.2 To the ~~\ti:nt it may he m:e:cssm)i t(1
;110C11111il) eit.hcr o1'm under S~ctiotL 6.1, you
und we cxprcssly waive. ill t:WO[ of the (jth::r
only, uny immu~ily or exemption !)'om
liability that exist~ under any w()r!:\.r
compensation law
6.3 You agree to inclomni fy us ~.g~inst
.111 loss and COSIS ari:~in1; (Jut of claims. oC
pa.1.cnt. or copyright infi'ing~[))etLl as to an)'
proee!iS or sys1.en1111~t is spec1!ji:d or i;e1e'~t::,.d
hy >'ou or hy other!; on your bch<l.!f.
Section 7:
I\liscellaneotls rro\'isioI!~
7.1 We wiil provide a eeniiicati: of
insurance: 1.0 you 111'011 request
7.2 This .agreement is 0111' entire
ugr"cmenL It supersedes all prior agreeme!\!S.
It mil)' b" !IIodifi::tl only in a wri!.i!\g lt1aldllg
specific rel~rence lo the provision modified
7.3 Neilherofus will assign ortl'allsfer
allY interest, any claim, any causc of actic.m.. or
any right against the othi:t under this
agrcemcnt.. Neither of lIS will assign Or
\1lh"rwise transfer or encumber any prOc.~~d5
or ':"1'';'<:leo proceeds or oompensation from
the project or project dairns lo any third
persoll. whcthcl' dir~ctly or as col\aleral (II'
oLhcr~.'i~c
7.4 This agreement may be termimlli:d
early (lnly in wri1.ing, We wi1l reeeiye an
':Quitab1c adjustment of our eompensat.ioll in
rhe evenl of early l"mtinalion.
7.5 It is customary for the consult.ant.
that provides design r".c()mmendations to be
!'ClIJined to provide obse!'\'ation and related
servicc~ during e011s1n1etiol1 or remedia1ioll
wl)rk. If we urc not ret~li11cd T.O proyide
eOlltinuirlg ~er\'ie::s, you ub'1'"Ce to hold U~
harmless fi'om aU claims, It)ssc:s, and expenses
ari.?ing QtJ! of allY il1tcrpret~tjor\$,
c1urificali,m$, ~ub$!.i1.\!tions. or modifications
of om work provided hy you or others
Revised 3-1-03
VI-8
-_.-
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Pbone 651-480-6175 Fax 651-437-5396
www.ci.bastings.mn.us
Date:
5/26/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Park Security Lighting
Background Information:
I have been requested by some homeowners and council members to research park
security lighting. I am investigating locations throughout our city to increase security
lighting especially around play structures in our parks to further minimize the instances
of vandalism. I have enclosed an email form Xcel Energy for security lighting at
Conzemius Park.
I am seeking council approval to proceed with the additional lighting for this project.
Council Action Requested:
1. To approve the proposed security lighting
2. Not to approve the security lighting
3. Send back to committee for further discussion
REF: City CounciVmemo 2005 pm curfew variance
Barry Bernstein
Contois. Jean M Dean.m.contois@xcelenergy.com]
Wednesday, May 25,20053:04 PM
Barry Bernstein
RE:
From:
Sent:
To:
Subject:
Hi Barry,
The estimate for the River Walking Trail will be a separate bid that Ed Bieging will
be-seneing to you or communicating with you on. The cost for the security
light/nightwatch you requested to light up the playground area at Conzemius Park would be
$7.00 a month for the pole, $3.90 a month for the span of wire and $14.28 a month for a
250 Watt High Pressure Sodium Light. So, total cost would be $25.18 a month. If you
decide you want to go ahead with this installation, please call our 800 number at 1-800-
960-6235 and our Support Services group will take the information necessary ~o get this
done. Thank you.
Jean Contois
Designer
Xcel Energy
Outdoor Lighting
Ph: (651) 229-2238
-----Original Message-----
From: Barry Bernstein [mailto:BBernstein@ci.hastings.mn.us]
Sent: Tuesday, May 24, 2005 3:23 PM
To: Contois, Jean M
Subject: RE:
Jean,
I will be in the office at approximately 8:30 AM. If you need to reach me, please use my
cell phone 651-775-6124 or after 8:30 AM, I will be in my office at 651-480-6124.
Thank you!
Barry Bernstein
Parks and Recreation Director
City of Hastings
920 W. 10th street
Hastings, MN 55033
P) 651-480-6176 Fax) 651-437-5396
-----Original Message-----
From: Contois, Jean M [mailto:jean.m.contois@xcelenergy.com]
Sent: Tuesday, May 24, 2005 12:31 PM
To: Barry Bernstein
Subject:
Hi Barry,
I am meeting the construction foreman tomorrow morning down at the Riverfront
walking trail. We are going to look over that and determine the best route to install new
cable and conduit. I was wondering if you would be available to look at those park sites
for security lighting that we talked about? I was thinking that I could call you when I
am done looking over the walking trail. Please let me know if this would work. Thanks.
Jean M. Contois
Rice Street, 3rd Floor
Phone: (651) 229-2238
The information to which this notice is attached is being electronically submitted by the
1
City of Hastings, is intended solely for the use and information of the individual or
entity to which it is addressed, and may contain information which is privileged,
confidential and/or exempt from disclosure under applicable law. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you have
received this information in error, please notify us immediately by replying to the
message, and permanently deleting it from your computer. Thank you.
-'
2
TO:
-fROM:
DATE:
RE:
VI-9
Mayor Werner and City of Hastings Councilmembers
Melanie Mesko Lee, Assistant City Administrator/City Clerk
June 1, 2005
Laura Hoff Retirement
Council Approval ReQuested: .
Accept notice of retirement from Laura Hoff, Fire Secretary/Dispatch, effective September
30, 2005.
Backaround Information:
Laura Hoff has submitted a letter of intent to retire on September 30, 2005. Staff
recommends acceptance of Laura's retirement.
VI-10
I
I
MEMORANDUM
To:
--From:
Date:
Re:
Mayor Werner and City Councilmembers
Melanie Mesko Lee, Assistant City Administrator/City Clerk
June 1, 2005
Transfer of Off-Sale Liquor License at MGM Liquor Warehouse,
1250South Frontage Road
Council Action Reauested:
Approve the transfer of off-sale liquor license at MGM Liquor Warehouse from John
Lanners to Steven Lapprich, pending payment of all applicable fees.
Backaround:
Staff received an application from Steven Lapprich to transfer the current on off-sale
liquor license at MGM Liquor Warehouse. Mr. Lapprich has completed all applicable
application materials and a successful background check has being conducted;
there is nothing that would disqualify Mr. Lapprich from being issued the license.
...... --->y.""
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 06- -05
----
RESOLUTION APPROVING APPLICATION FOR TRANSFER OF
LIQUOR LICENSE AT MGM LIQUOR WAREHOUSE
WHEREAS, Steven Lapprich has presented application to the City of Hastings to
transfer the off-sale liquor license at MGM Liquor Warehouse, 1250 South Frontage Road,
Hastings, Minnesota; and
WHEREAS, all necessary paperwork has been received and a successful
background check has been conducted by the Hastings Police Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings
that the Mayor and Assistant City Administrator/City Clerk are authorized and directed to
sign this resolution transferring the liquor license at MGM Liquor Warehouse, 1250 South
Frontage Road from John Lanners to Steven Lapprich, pending payment of all applicable
fees and submittal of all required paperwork.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 6nd DAY
OF JUNE, 2005.
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
Melanie Mesko Lee, Assistant City Administrator/City Clerk
(SEAL)
VI-11
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
June 2, 2005
Twin Cities Community Capital Fund Membership
RECOMMENDED CITY COUNCIL ACTION
It is the recommendation of the Economic Development Commission that the City
Council take action authorizing participation in the Twin Cities Community Capital Fund
and execute the necessary agreements and documents, and to participate at the $100,000
level (Class B membership).
BACKGROUND
At its meeting on Tuesday May 24th, 2005 the Economic Development Commission took
action unanimously recommending that the City Council authorize participation in the
Twin Cities Community Capital Fund and execute the necessary agreements and
documents, to participate at the $100,000 level (Class B membership). The EDC heard a
presentation and asked questions ofthe TCCCF President, Scott Martin, regarding the
fund. Once all questions were addressed, the EDC discussed briefly and was very
supportive of the City becoming a member.
I have attached a fact sheet that provides very de script information on the TCCCF, along
with the various legal documents associated with program. Staff and the EDC
recommend City Council approval at the Class B ($100,000) level.
!
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,
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I
TICICICIF
TWIN CITIES COMMUNITY
CAPITAL FUND
Economic Development Financing
for Growing Businesses
Ij1'r~~--
.1I..,..J1\11J 11 lV'"1I!. _..,.__. ~" _J.. J"W-
......W"'J711V" "VI__
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,
I
Membership enrollment will soon be underway for the Twin aties canmunity Capital
Fund (TCCCF), a new economic development finandng resource for the seven county
Twin Oties Metropolitan Ar5J. The purpose of the TCCCF is to leverage millions of dollars
in Revolving Loan Funds (RLFs) and other economic development funds owned and
managed by metro area local governments and development finandng organizations. By
pooling resources, TCCCF members will have the advantage of offering much larger loans
than would be possible with limited local resources, greater gap-lending flexibility for
financing local development projects, and significantly lower loan risk-all with the
support and services of a professional fund manager and experienced loan officers at no
cost to Fund members.
How will the Fund work?
. The TCCCF is a new Minnesota nonprofit membership corporation. that will be
governed by representatives of its member organizations.
\
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. Three membership levels are available. The minimum membership investment Is
$200,000 for Class A shares, $100,000 for aass B shares, and $50,000 for Oass C
shares. You choose the membership level that best fits your organizational needs.
The Fund will begin operating once the initial $2 million capitalization goal has
been reached.
. Members will be able to originate loans of up to ten times the amount they have
on deposit with the Fund. For example, a aass B member who deposits $100,000
in the Fund can originate loans of up to $l,OOO,OOo--with no limit on the number
of loans that anyone member can originate.
. The TCCCF will be a self-sustaining finandng resource. Recapitalization of the
Fund will be through the sale of pre-approved loans to a national secondary
market, which ensures that the Twin aties Community Capital Fund will always
have money to lend!
. Members will determine which projects they wish to support through the TCCCF
. Loan Fund, which can be used as a gap-finandng source for most local economic
development projects.
~
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roJMa"""Qo.nr.f""""':I~*..UjM&~~~'~~~~""~"""""_IIC<<I'","II~'fJr~~.....v.'<d"I!\'fI:~~eQ""'CI''''''~'6C'Io'&4'~.~....~......r..(IM"'~~o'#.-~..._~,-----,._....,.......~.~..,
. ' r--.__......-- ~...~...",...... ....,~.,.,........-._.....-..""..'"'""".......~
i . The Fund's loan officers will work closely with members, prospective borrowers,
i and other partidpating lenders in analyzing and structuring financing deals that
I best meet the needs of all parties. The interest rate and terms of all TCCCF loans
i are negotiable, with most loans subordinate to the lead lender in the finandng
i package. TCCCF staff will prepare all documents for loan dosings and will
negotiate the sale of all loans to the secondary market, without any cost to
members.
-I
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. By selling all TCCCF loans to secondary capital markets on an advance
commitment basis, the originating member significantly reduces or can even
eliminate potential loan loss risk.
. TCCCF members will be able to take advantage of the New Markets Tax Credit
program, which provides for below market rate loans to eligible borrowers,
without having to handle all of the paperwork assodated with partidpation in this
new Federal economic development initiative.
. . Membership in the TCCCF comes with a money back guarantee. Ninety percent of
the funds received from members will be deposited in the TCCCF Loan Fund
escrow account, which will be managed by an independent Escrow Agent. These
funds will remain the property of each respective member and may only be used
to fund TCCCF loans. Ten percent of each member's funds will be In the form of a
loan to the TCCCF for start-up working capital. Members may withdraw their
money from the Loan Fund esaow account anytime after three years from the
date of deposit, or reduce their position in the Fund down to the $50,000 level---
for any reason whatsoever.
. The Fund will have no employees. TCCCF will contract with the Northland
Institute, a Minnetonka-based nonprofit organization, for profess/onal
management services in order to keep operational costs down. The fund manager
and loan officers are experienced in business finandng, deal s1ructuring, portfolio
. management, and administration. All TCCCF operating expenses will be paid from
portfolio interest earnings and loan origination fees paid by borrowers.
When can we join?
Formal membership enrollment will begin within the next week or so, when our detailed
Membership Disclosure Statement is released 1D you and all Interested metro area
economic development organizations. The Fund will be launched once the $2 million initial.
capitalization goal is reached, whiq, we expect will be no later than June 2005.
If you, or someone you know, are Interested in the TCCCF, please contact Scott Martin for
more information.
For. mole information, please contact:
Twin Oties Community Capital Fund
13911 Ridgedale Drive, Suite 260 .
Mimeapolls, MN 55305
P~(952)546-9049
Fax: (952) 541-9684
smartin@tca:f.erg
Clark Arneson
Assistant City Manager
City of Bloomington
1800 W. Old Sbakopee Road
Bloomington. MN 55431
Phone: 952-563-8921
cameson@ci.bloomington.mn.us
Marc Nevinski (Vice Chair)
Community Development Director
City of Coon Rapids
11155 Robinson Drive
Coon Rapids, MN 55433
Phone: 763-767-6451
nevinski@ci.coon-rapids.mn.us
T:C C:CIF
TWIN CITIES COMMUNITY
CAPITAL FUND
I:.(ouomic Ut'tldOfHII~Jlt filltlHCillS
for Gnnl1illg l1!lsilJt;'sst's
Initial Board of Directors
Melinda Coleman (Treasurer)
Assistant City Manager
City of Maplewood
1830 County Rd. B East
Maplewood, MN 55109-2702
Phone: 651-249-2052
melinda.coleman@ci.maplewood.mn.US
Ron Rankin
Community Development Director
City ofMinnetonka
14600 Minnetonka Blvd.
Minnetonka. MN 55345
Phone: 952-939-8282
rrankin@ci.minnetonka.mn.us
John Sullivan (Secretary)
Community Development Director
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: 952-447-9805
jsullivan@cityofpriorlake.com
Dan Hartman (Chair)
Assistant City Administrator
City of Oakdale
1584 Hadley Avenue N
Oakdale, MN 55128
Phone: 651-730-2809
dan.hartman@ci.oakdale.mn.us
Paul Rebholz
Vice President
Wells Fargo
3030 Nicollet Avenue
Minneapolis, MN 55408
Phone: 612-667-2601
paul.g.rebholz@wellsfargo.com
. Initial Board Members were appointed to serve on the Board until the TCCCF organizational meeting. at which time the
membership will elect six new Directors to fill staggered three-year terms.
Staff
Scott Martin
President
TCCCF
13911 Ridgedale Drive, Suite 260
Minnetonka, MN 55305
Phone: 952-546-9049
Fax: 952-541-9684
smartin@tcccf.org
Bob Palmquist
Senior Loan Officer
TCCCF
13911 Ridgedale Drive, Suite 260
Minnetonka. MN 55305
Phone: 952-546-9049
Fax: 952-541-9684
bpalmquist@tcccf.org
Dana Stanton
Executive Assistant
TCCCF
13911 Ridgedale Drive, Suite 260
Minnetonka, MN 55305
Phone: 952-546-9049
Fax: 952-541-9684
dstanton@tcccf.org
--
TICICICIF
TWIN CITIES COMMUNITY
CAPITAL FUND
Economic DL'vt'lopmellt FilltlllCillS
jor Growi/lS Busi'l<!sses
13911 Ridgedale Drive
Suite 260
Minnetonka, Minnesota 55305
MEMBERSHIP
DISCLOSURE STATEMENT
The Date of this Disclosure Statement is January 15, 2005
--
TWIN CITIES COMMUNITY CAPITAL FUND
A Minnesota Nonprofit Corporation
13911 Ridgedale Drive
Suite 260
Minnetonka, Minnesota 55305
DISCLOSURE STATEMENT
A Private Offer of Membership in
TWIN CITIES COMMUNITY CAPITAL FUND
(A Minnesota Nonprofit Corporation)
Twin Cities Community Capital Fund ("TCCCF" or the "Fund") is a Minnesota nonprofit corporation that will
provide a flex101e, revolving, self-sustaining development loan fund for the Twin Cities Metropolitan Area. The
Fund will only be available to its Members. Membership is open to municipal subdivisions (including cities, BRA's
and EDA's), counties, eoonomic development foundations and other similar economic development financing
organizations. Membership in TCCCF requires that some Member funds be escrowed as part of the Fund and that
other Member funds be loaned to TCCCF. This Member Disclosure Statement provides infonnation with regard to
the Fund and its risks.
This Disclosure Statement does not constitute an offer of membership in any state other than Minnesota. No dealer,
broker, salesman, or other person has been authorized to give any infonnation or to make any representations other
than those contained herein in connection with the offering of membership, and, if given or made, such other
infonnation or representations must not be relied upon.
The infonnation set forth herein by TCCCF and other sources is believed to be reliable, but such infonnation is not
guaranteed as to completeness or accuracy by, and is not to be construed as a representation by, TCCCF or anyone
acting on its behalf. The infonnation herein is subject to change without notice and neither the delivery of this
Disclosure Statement nor any sale made hereunder shall, except as specifically stated herein, create any implication
that there has been no change in the affairs of TCCCF since the date of this Disclosure Statement.
The membership interests offered hereunder have not been and will not be registered with the Securities Exchange
Commission Wlder the Securities Act of 1933 as amended, in reliance upon exemptions contained in said Act.
The membership interests represented by this Disclosure Statement have not been registered under Chapter 80A of
the Minnesota Securities Laws and may not be sold, transferred or otherwise disposed of except pursuant to
registration or exemption therefrom.
1
TABLE OF CONTENTS
TERMS OF THE OFFER OF MEMBERSHIP .............................................................................................................3
MEMBER QUALIFICATIONS; SUITABILITY STANDARDS ................................................................................4
INTRODUCTION .................. ......................................... ................................................................ ..............................5
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THE ESCROW AGENT .................................................... ............. ......... .................... ........................ .......... ......... ......6
RISKS AND OTHER FA crORS .......................... ............ .......... ........................................................... ......................7
DEVELOPMENT LOANS .................................. ...................................................... .................. .................................8
DESCRIPTION OF MEMBERSHIP INTERESTS .......................................................................:..............................8
PLAN OF DISTRIB OTION ................................................... .................. ..................... ....................... ......................... 8
LEGAL MA TIERS ......................................................................................................................................................8
ADDITIONAL INFORMATION AND DOCUMENTATION ....................................................................................8
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
Participation Agreement
Loan Fund Escrow Agreement
Loan Financing and Credit Policies
Community Impact Criteria
Projections and Assumptions
Articles of Incorporation
Bylaws of Twin Cities Community Capital Fund
2
TERMS OF THE OFFER OF MEMBERSHIP
General
Twin Cities Community Capital Fund (''TCCCF'' or the "Fund") is a Minnesota nonprofit corporation that has not
commenced operations.
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TCCCF has been fonned for the purpose of developing, funding and operating a .flexible, self-sustaining
development loan fund as a new economic development fmancing resource for the Twin Cities Metropolitan Area.
TCCCF is designed to leverage millions of dollars in Revolving Loan Funds (RLFs) and other economic
development funds owned and managed by metro area local governments and development financing organizations
(the "Fund"). It is intended that these economic development organizations will become Members of TCCCF and
pool RLF resources and other local funds in an escrow account maintained at a financial institution (the "Loan
Fund"). Member Funds deposited in the Loan Fund remain the assets of Members, but are used by TCCCF to
support the initial funding of DeVelopment Loans made by TCCCF. The relationship between TCCCF and its
Members is described in a Participation Agreement, which sets forth the tenDS of membership in TCCCF and the
obligations and rights ofTCCCF and its Members.
TCCCF, through the use of the Loan Fund. will provide its Members with professional fund management services,
greater lending flexibility, and the capability of offering much larger loans than would be possible with limited
existing local resources.
TCCCF hereby offerS lo~ government agencies, community development corporations; business organizations,
development-orientated venture funds, public charity and private foundations which are involved in economic
development activities within the seven county Twin Cities Metropolitan Area, and other organizations that have an
interest in supporting the purposes of TCCCF ("Offerees"), the opportunity to become Members of TCCCF and
participate in the Loan Fund as provided in the Participation Agreement (the "Participation").
The following table sets forth data with respect to this Participation:
MemlJenhlp Class Member deposit in Loan Fond plus contribution and/or working capital
loan .mount or Membenhip Fee ("Partldpation Amount")
Class A $200,000
Class B 5100,000 or more, but less than 5200,000
Class C 550,000. or more, but less than $100,000
. Minimum Loan Fund deoosit and workinR capital contribution or loan.
This Participation will have an mitial closing ("Initial Closing") upon the occurrence of TCCCF receiving
and accepting Participation Agreements from prospective members providing for deposits in the minimum aggregate
amount of $2,000,000, with 10% of such funds being loaned or contributed as grants to TCCCF for working capital
("Working Capital") and the remaining 90% of such funds being deposited in the Loan Fund ("Member Funds").
. The Initial Closing is conditional upon a minimum deposit to the Loan Fund, ofSI,800,000, and aggregate
minimum working capital contributions and loans ofS200,OOO. There is no limit to the number of TCCCF Members.
Initial Memberships pursuant to this Disclosure Statement will not be offered after October 1,2005. All
deposits to the Loan Fund and all working capital funds received shall be refunded without interest in the event the
Initial Closing does not occur on or before October I, 2005.
Additional closings of this Participation will occur following the Initial Closing upon TCCCF accepting
additional Participation Agreements and funds for working capital and deposit in the Loan Fund. However, all
members that Join the Fund after the date of the Initial Closing sball pay a nonrefundable membersbip fee
equal to 10". of the Member's Loan Fund deposit to TCCCF in lieu of a working capital loan.
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Membership Interests Not Eligible For Resale
Membership interests offered hereunder will not be registered under any State or Federal law, and may not
be transferred, reoffered for sale or resold.
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Requests to Participate/Acceptance of Members
An eligible organization will become a Member ofTCCCF upon occurrence of all the following:
(a) the prospective member delivering to TCCCF the following:
(I) an executed signature page for the Participation Agreement in the fonn of Appendix
A, (the "Participation Agreement") which shall be deemed to be a ,''request to
participate"; .
(2) an executed signature page for the Escrow Agreement in the fonn of Appendix B (the
"Loan Fund Escrow Agreement"); and
(3) a check in the amount of 90% of the Participation Amount made payable to "Wells
Fargo Bank, N.A., Escrow Agent" who will serve as the escrow agent ("Escrow
Agent'') for the Program; and
(4) a check in the amount of 10% of the Participation Amount made payable to ''Twin
Cities Community Capital Fund" as a loan to TCCCF for working capital.
(b) acceptance of the prospective member by TCCCF, as evidenced by the delivery to the Member of a
fully executed Participation Agreement signature page.
TCCCFreserves the right in its discretion (i) to approve any ''request to participate" and (ii) tci terminate'
the offer hereunder at any time.
MEMBER QUALIFICATIONS; SUITABILITY STANDARDS
MEMBERSHIP WILL BE OPEN ONLY TO MUNICIPALITIES, COUNTIES, NONPROFIT AND FOR-
PROFIT ECONOMIC DEVELOPMENT ORGANIZATIONS, DEVELOPMENT -ORIENTED VENTURE
FUNDS, PUBLIC CHARITY AND PRIVATE FOUNDATIONS involved in economic development activities
within the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington and other
public and private organizations with an interest in supporting the purposes ofTCCCF, and who are sophisticated in
business and financial matters, have the knowledge and experience tci evaluate the merits and risks of membership,
have sufficient financial resources, and have no need for liquidity with respect to their membership participation
amount in TCCCF.
4
INTRODUCTION
THE FOLLOWING IS SUBJECT TO MORE DETAILED INFORMATION CONTAINED ELSEWHERE
IN THIS DISCLOSURE STATEMENT AND lliE APPENDICES HERETO, WHICH SHOULD BE READ IN
FULL BY EACH PROSPECfIVE MEMBER. TCCCF will provide to each prospective member access to any
additional infonnation that a prospective member may require in order to make a decision on a request to participate
in the Fund or to verify that accuracy of the information in the Disclosure Statement, to the extent TCCCF possesses
the information or can acquire it without unreasonable effort or expense.
Twin Cities Community Capital Fuod
Twin Cities Community Capital Fund is a Minnesota nonprofit corporation that intends to apply for
recognition of Federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended. The application has not'been submitted as of the date of this Disclosure Statement ~d TCCCF does not
expect approval of an application for tax-exempt status until the spring or early summer of 2005. The Northland
Institute, a tax-exempt Minnesota nonprofit corporation, is serving as fiscal agent for TCCCF until such time as
TCCCF obtains Federal tax-exempt status.
General Description. Members are allowed to originate loan requests for funding through the Fund
("Development Loans"). There is no limit on the number and aggregate amount of loans that can be made at the
request of a Member, but no individual loan request may exceed ten times the unencumbered amount the Member
has on deposit in the Loan Fund Escrow, plus the amount contributed or loaned to TCCCF for working capital. All
loans will be pre-sold in the secondary market. At the present time, Community Reinvestment Fund ("CRF"), a
nonprofit corporation headquartered in Minneapolis, Minnesota is TCCCF's only secondary market loan purchasing
source. CRF has established a standard individual loan maximum of $1,000,000 for regular TCCCF Development
Loans and a limit of $1,500,000 for projects that are eligible for New Markets Tax Credits. However, a limited
number of projects may be eligible for loans of up to $2,000,000, subject to CRF approval.' It is possible that
TCCCF will work with other secondary market sources in the future that may willing to routinely purchase loans of
up to $2,000,000. (CRF or other secondary market lenders shall hereinafter be called "Loan Purchaser").
Members determine which projects they wish to support for TCCCF financing. TCCCF and the Loan
Purchaser will review all loan applications in order to determine whether a loan will be made. A loan will be closed
only after the Loan Purchaser has approved it. Loans will be closed in the name of TCCCF and immediately
assigned to the Loan Purchaser. Normally, loans will be funded entirely by the Loan Purchaser, except when a
Member agrees to offer a loan at below par value and covers the cost of the loan discount, as provided below. In
some circumstances a loan may initially, but temporarily, be funded from the Loan Fund, but only where the Loan
Purchaser is fully committed to purchase the Loan.
TCCCF will charge the borrower a loan origination fee of 1.75% for each loan. The borrower is also
required to pay all other fees and expenses customarily associated with loan closings, including the legal expenses of
TCCCF incurred with respect to the loan closing. In the event the price offered by the purchaser of the loan is
discounted from par value (full amount ofloan), the Member originating the Development Loan will be responsible
for funding the difference between that par value and the loan sales price. ,
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Credit Reserves. CRF requires a credit reserve of 5-20% of the loan amount to be posted for each loan it
purchases. The borrower or the Member can post this reserve. If the Member uses any of the funds it placed in the
Loan Fund Escrow to satisfy the credit reserve requirement, only the remaining balance (the "Unencumbered
Amount") in the Member's account will be considered for determining the maximum loan amount on future
transactions proposed by the Member. Member is required to maintain its Unencumbered Amount at not less than
$5,000.
Membership Benefits. Members will (i) gain greater flexibility for financing local development projects,
(ii) be able to offer larger loans than would be possible with limited eXisting local resources, (iii) reduce loan risk,
and (iv) gain the services of a professional program manager and experienced commercial loan officers at no
additional cost to the member. ' '
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Eligible Members. Membership is open to municipalities, counties, nonprofit and for-profit economic
development organizations, development-oriented venture funds, public charity and private foundations involved in
economic development activities within the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott
and Washington, and other public and private organizations with an interest in supporting the purposes ofTCCCF.
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Participation Amount. Participating entities are required to deposit, contribute, and/or loan a minimum of
between $50,000 and $200,000, in Working Capital and the Loan Fund Escrow collectively, as provided for in the
Participation Agreement.
Investment of Funds. All Member Funds will be held and administered by the Escrow Agent pursuant to
the Loan Fund Escrow Agreement. The Escrow Agent will invest all Member Funds in investments pennitted to
government entities under Minnesota Statutes Chapter IISA. ("Pennitted Investments")
A Member shall receive a refund of their unencumbered deposit balance in the Loan Fund upon 30 days advance
written notice to TCCCF and the Escrow Agent specifying the amount of refund that the Member wishes to receive.
This Notice may be given at any time after the third anniversary date of the first deposit to the Loan Fund made by
Member.
Working Capital. Member agrees and acknowledges that ten percent (IO%) of the Participation Amount
shall be paid in the fonn of a zero interest loan or a grant made to TCCCF for use as working capital ("Working
Capital''). The Working Capital loan shall be repaid by TCCCF beginning no later than October 1,2010, in four
equal annual installments. Earlier repayment of outstanding Working Capital loans shall be made at the discretion of
the TCCCF Board of Directors.
Additional Funding. Upon the Initial Closing, TCCCF shall have commitments for not less than
$200,000.00 in working capital ftom which to finance projected operating expenses over the next three years.
Although management believes that these cash flow reserves and cash flow ftom operations will be adequate to fund
operations .for the next three years, such sources may be inadequate to cover such period Consequently, TCCCF
may require additional working capital fimding and if such funding is not available, TCCCF may be required to limit
or discontinue its operations.
Allocation of Investment Income to TCCCF. In consideration of the services provided by TCCCF under the
Program, .Members are required to allocate the income earned on their share of the Loan Fund to TCCCF to help pay
expenses associated with administration of the Fund and provide general support for TCCCF's economic
development mission.
Governance. TCCCF will be govemed by its Board of Directors. The Members of TCCCF have the
responsibilit;y to elect six of nine directors of TCCCF and their approval shall be required prior to amendment or
abridgement of their right to elect directors. Members of TCCCF shall have no other rights with respect to
governance of TCCCF .
THE ESCROW AGENT
Wells Fargo Bank Minnesota, NA. (the "Escrow Agent'') will serve as the Escrow Agent for TCCCF. The
Fund will pay all charges for the services of the Escrow Agent. TCCCF has reserved the right to remove the Escrow
Agent and to appoint a successor Escrow Agent. Member Funds.are deposited, pursuant to the Loan Fund Escrow
Agreement, directly into the Loan Fwd that has been established at Wells Fargo Bank Minnesota, N.A. {''Loan
Fund Escrowj. Member Funds deposited in the Loan Fund remain assets of the Member. TCCCF will request
disbursements of Member Funds ftom the Escrow Agent only for the purpose of initially funding Development
Loans, and then only upon the conditions set forth in the Loan Fund Escrow Agreement.
6
RISKS AND OTHER FACTORS
Membership in the TCCCF involves certain risks. In addition to the other information included elsewhere
in this Disclosure Statement, prospective members should give careful consideration to the following factors before
participating in the Fund.
1. Absence of Guarantees. The Loan Fund escrow account, amounts contributed to the escrow
.__ . account, and the future value of the escrow account are not insured or guaranteed by the United States, the State of
Minnesota, any federal governmental agency, TCCCF, or any of their affiliates, members, directors, officers or
employees, any agent or representative retained in connection with TCCCF, or any other person.
2. Investment Risks. Money deposited into the escrow account will be invested in Permitted
Investments, and is subject to the risks associated with those underlying investments, which might, under extreme
circumstances, include a loss or diminution in principal. Members will not realize an investment return on their
funds because investment earnings are transferred to TCCCF to help cover expenses associated with the
administration of the Fund. .
3. Liquidity. Under the Participation Agreement, Members are required to keep their membership
amount in escrow for an initial membership period of three years. At the end of the initial period, Members are
entitled, upon request, to have their escrowed funds returned to them, subject to 30 days written notice.
4. Credit Reserves. Any Member Funds which are designated as the Credit Reserve for a Loan are
at risk and may be lost if the borrower on the Loan defaults during the time when the Credit Reserve is in effect and
the Loan Purchaser draws on the Credit Reserve.
5. Lack of Control by Members. Under the Loan Fund Escrow Agreement, Members will not be
directly involved in the selection of investments. Moneys deposited with the Escrow Agent will be held by the
Escrow Agent, and invested in Permitted Investments, the selection of which shall be as directed by TCCCF.
6. No Operating or Performance History. TCCCF is a new nonprofit corporation with no history
of past perfonnance. Consequently, it is not known how effective the Fund will be in assisting communities in the
financing of new economic development, or what the investment performance of the escrow account will be.
TCCCF has not commenced operations and is a development stage corporation, subject to the uncertainty and risk of
a development stage corporation.
7. WorIdDg Capital Loans. Although management believes that cash flow from operations will be
adequate to operate TCCCF on an ongoing basis and fund repayment of Working Capital Loans, ifTCCCF does not
originate sufficient loan volume it is possible that income from the escrowed funds and from loan originations will
be insufficient to repay Working Capital Loans. In addition, while the Loan Purchaser will assume the normal credit
risk of a lender, the loan sale documents will include certain representations and warranties made by TCCCF on
behalf of the Fund. A breach of these representations and warranties causing a loss to the Loan Purchaser could
subject TCCCF to liability, which could adversely affect the ability to repay Working Capital Loans.
8. . No Recommendation by TCCCF. This Disclosure Statement should not be taken as a
recommendation by TCCCF for a prospective member to participate in the Fund. The determination of whether to
participate and at what level to participate is solely the decision of the prospective Member.
9. Management. TCCCF has entered into a Management and Service Agreement with Northland
Institute, a Minnesota nonprofit corporation, to furnish all necessary management, administrative and operational
services. The term of the Management Agreement shall begin on the earlier of the Initial Closing or July 1, 2005,
and shall continue until September 30, 2008. The success the Fund will largely depend upon whether Members will
be able to stimulate the origination of development loans suitable for TCCCF fmancing.
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DEVELOPMENT LOANS
Development Loans will be originated and underwritten as provided in the TCCCF Loan Credit and
Financing Policies set forth in Appendix C and in accordance with the Community Impact Criteria set forth in
Appendix D attached.
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DESCRIPTION OF MEMBERSHIP INTERESTS
Terms of Membership
Each prospective member should carefulIy review the Participation Agreement (Appendix A) to detennine
the exact tenns of membership in the TCCCF.
Participation AgreemeDt
This description of TCCCF membership is for summary purposes only. The Participation Agreement is
attached as Appendix A. Prospective Members should rely solely on the Participation Agreement and other
documents referred to herein to determine the terms and nature of their membership in the Program.
PLAN OF DISTRIBUTION
Membership in the Fund will be offered solely by Scott Martin, President & CEO of TCCCF, who will
receive no remuneration for securing Members on behalf of TCCCF. Each prospective Member, wilI be required to
fund their membership level in cash at the time their Participation Agreement and Loan Fund Escrow Agreement is
signed.
LEGAL MATTERS
There are no proceedings threatened or pending against TCCCF. Rinke-Noonan, ofSt. Cloud, Minnesota,
serves as legal counsel to TCCCF. '
ADDITIONAL INFORMATION AND DOCUMENTATION
Each prospective member is invited to ask questions ot: and receive answers ftom, TCCCF and to obtain
such information concerning the terms and conditions of membership, to the extent TCCCF possesses the same or
can acquire it without unreasonable effort or expense, as such prospective member deems necessary to verify the
accuracy of the information referred to in the Disclosure Statement. Copies ofinformation incorporated by reference
can be obtained ftom the offices of TCCCF at 13911 Ridgedale Drive, Suite 260, Minnetonka" Minnesota 55305.
(telephone: 952-546-9049; e-mail: smartin@tcccf.org)
8
Appendix A
PARTICIPATION AGREEMENT
Twin Cities Community Capital Fund
TillS AGREEMENT ("Agreement") is made effective as of this day of ,
20_ by and between Twin Cities Community Capital Fund, a Minnesota non-profit corporation
("TCCCF") and those entities ("Member(s)"), which have signed a "Participation Agreement Signature
'-::Page" to be attached hereto, according to the terms and conditions which follow:
1. Defined Words. Unless otherwise specified herein, the words defmed in the Membership
Disclosure Statement of the Twin Cities Community Capital Fund dated January 15, 2005 (the
"Disclosure Statement") when capitalized in this Agreement shall have the same meaning as set forth in
the Disclosure Statement.
2. Participation Amount. Member agrees as and for its Membership in TCCCF that it shall
contribute, by certified check, bank money order, or other immediately available funds, the amount of its
participation as set forth on the Participation Agreement Signature Page ("Participation Amount") by
submitting 10% of the Participation Amount to' TCCCF as a Working Capital Loan and 90% of the
Participation Amount to Wells Fargo Bank Minnesota, N.A. for the Loan Fund Escrow Account.
3. Loan Fund particiDation. Upon execution of this. Agreement, Member hereby agrees to
execute the Loan Fund Escrow Agreement and deliver to TCCCF a completed Loan Fund Escrow
Agreement Signature Page, together with Member's certified check, bank money order, or other
immediately available funds in the amount of ninety percent (90%) of it's Participation Amount (the
"Member Funds"), payable to "We11s Fargo Bank Minnesota, N.A., Escrow Agent, Twin Cities
Community Capital Fund Loan Fund Escrow." . .
4. Workin!! Capital. Member agrees and acknowledges that ten percent (10%) of the
Participation .Amount shall be paid in the form of a loan or grant to TCCCF for use as working capital
("Working Capital"). Upon the execution of this Agreement, member shall provide TCCCF with a
certified check, bank money order, or other immediately available funds in the amount of ten percent
(10%) of its Participation Amount, payable to Twin Cities Community Capital Fund and specifying
whether said funds are being provided as a loan or grant. A Working Capital loan shall be a zero interest
loan that wil1 be repaid by TCCCF beginning no later than October 1, 2010, in four equal annual
installments. Earlier repayment of outstanding Working Capital loans shall be made at the discretion of
the TCCCF Board of Directors. .
5. . Member Participation. TCCCF agrees that upon receipt of the funds and documents as
. ~escribed in Section 3 and 4 above, it will deliver Member's Loan Funds (the "Member Funds'') and the
Loan Fund Escrow Agreement Signature Page to the Escrow Agent and, upon acceptance by the Escrow
Agent, the Member Funds shall be deposited into the Loan Fund Escrow and Member shall be entitled to
a11 of the privi1eges of membership in TCCCF as set forth in its Articles of Incorporation, Bylaws and this
Agreement.
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6. Rights of Membership. TCCCF agrees that Members of TCCCF have, in addition to the
rights of Members as set forth in the Articles of Incorporation and Bylaws of TCCCF, the following
rights:
(a) Members are able to originate individual Development Loans of up to ten times
the Unencumbered Amount of their Participation Amount and contribution to TCCCF. However,
the standard maximum individual loan amount is $1,000,000 for regular TCCCF Development
Loans and $1,500,000 for projects that are eligible for New Markets Tax Credits. A limited
number of projects may be eligible for loans of up to $2,000,000, subject to Loan Purchaser
approval. There is no limit on the number and aggregate amount of loans that can be made at the
request of a Member.
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(b) TCCCF will work closely with Members, prospective borrowers, and other
lenders in analyzing and structuring financing transactions that will best meet the needs of both
borrowers and other participating lenders. TCCCF will be responsible for Development Loan
closings and tlegotiating the sale of Development Loans to the secondary market pursuant to a
written purchase agreement (the "Loan purchase Agreement").
7. Credit Reserves: Loan Discounts.
(a) The originating Member of each Development Loan shall arrange for the funding of a
credit reserve in the amount required by the Loan Purchaser and shaH make said funds available to
TCCCF on or before the closing of the Development Loan ("Credit ReserVe"). Members may allocate
funds that they have deposited in the Loan Fund Escrow Account to satisfy the Credit Reserve
requirement for individual Development Loans, or require that the borrower provide the reserve. A Credit
Reserve of between five and twenty percent (5-20%) of the principal amount of the Development Loan
will typically be required for a period of 12 to 18 months following the closing of the sale to the Loan
Purchaser. TCCCF will hold and administer all Credit Reserves established in connection with
Development Loans made under the Program. TCCCF will release such reserves to the party funding the
credit reserve, without interest, only as provided in the credit reserve deposit agreement or similar
agreement with the Loan Purchaser.
(b) In the event the price offered by the Loan purchaser is discounted from par value (face
amount of the loan), the originating Member will be responsible for arranging funding of the difference
between the par value and the loan sale price, said funding to be supplied to TCCCF on or before the
closing of the Development Loan. In the event the Development Loan is sold at a premium, the
originating Member win receive, at closing, the Development Loan premium payment (the amount paid
by the Loan purchaser in excess of the face amount of the loan).
(c) Except as set forth in this section, Members do not incur any expenses, costs, or
obligations with respect to Development Loans they originate under the Program. AH fees and out-of-
pocket expenses in connection with the origination of a Development Loan shall be the responsibility of
the borrower.
The actual credit reserve requirement or any discountJi'om par value will be a condition of the
loan purchase commitment. The originating Member may decline to proceed with the Development Loan
without any obligation at any time prior to the formal written approval of the Development Loan by
Member.
8. Loan Closing Procedures and Requirements. TCCCF shall comply with all procedures
for draws from, and reimbursement to, the Loan Fund Escrow as set forth in the Loan Fund Escrow
Agreement, and further agrees as follows:
(a) Closing Allent. AHloan closings shan be administered by a title company or
other closing agent (the "Closing Agent") selected by TCCCF.
(b) Loan Funding. No loan may be closed until TCCCF or the Escrow Agent holds
funds of the Loan purchaser or other interim lender in an amount sufficient to purchase the
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Development Loan at the price set forth in the Loan Purchase Agreement, together with
additional monies supplied to the Closing Agent pursuant to Section 7(b) to fund any discount
from par.
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(c) Closing Procedure. TCCCF will direct the Escrow Agent to wire transfer closing
funds to the Closing Agent on the day of loan closing, provided that TCCCF has determined that
all conditions to loan disbursement have been satisfied, other than those conditions the Closing
Agent is to determine have been satisfied pursuant to loan closing instructions provided to the
Closing Agent by TCCCF.
9. Withdrawal of Member Funds. At any time after the third anniversary of its first transfer
to the Loan Fund Escrow, a Member may withdraw~ without interest, the Member Funds, except for any
amounts designated and held as a Credit Reserve (the "Unencumbered Amount"), upon 30 days advance
written notice to TCCCF and to the Escrow Agent. If the requested withdrawal would reduce Member's
Unencumbered Amount to less than $5,000, Member's entire Unencumbered Amount shaH be returned to
Member, without interest, and its participation in the Program shall thereupon be terminated.
10. Assignment of Interest and Income. Member hereby appropriates and assigns to TCCCF
all income and revenue derived from Member Funds on deposit in the Loan Fund Escrow. This
assignment and direction are irrevocable until the member's account no longer has a positive balance.
11. Investments Authorized. Member Funds on deposit in the Loan Fund Escrow shall be
invested only in Permitted Investments as specified in the Loan Fund Escrow Agreement.
12. Escrow Agent Fees and Expenses. The fees and expenses of the Escrow Agent shaH be
as provided in the Loan Fund Escrow Agreement, as such fees may be revised from time to time.
13. TCCCF Designated as Agent of Member. Member hereby irrevocably designates
TCCCF as its agent during the term of this Agreement and any extensions thereof with respect to the
following matters:
(a) To take such steps as reasonably necessary to a110w TCCCF to carry out the
directions given by Member pursuant to this Agreement and the Loan Fund Escrow Agreement;
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(b) To provide directions to Escrow Agent with respect to the disbursement,
administration, and investment of monies held in the Loan Fund Escrow within the limitations set
forth in the Loan Fund Escrow Agreement; and
(c) To establish and from time-to-time modify Escrow Agent's compensation and
expense reimbursement as provided under the Loan Fund Escrow Agreement.
14. Term and Termination. Unless earlier terminated as provided herein, this Agreement
shan be for an initial term that ends on the third anniversary date of Member's first deposit of monies into
the Loan Fund Escrow, and shall automatically renew for successive terms of one year each. TCCCF
reserves the right to terminate Member's participation at any time by action of TCCCF's Board of
Directors. Member may terminate its participation at any time on thirty (30) days' written notice to
. TCCCF. However, such termination during the initial term shall be subject to the limitations on
. withdrawal of Member Funds set out in Section 9.
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15. Benefit and Assignment. This Agreement shall be binding upon the respective parties
and their successors and assigns. No assignment of this Agreement by Member shall be effective unless
(i) specifically approved in writing by TCCCF in its sole discretion, and (ii) the assignee has specifically
assumed all of Member's obligations under this Agreement and any related documents.
16. Notices to TCCCF and Member. All notices and other communications required or
permitted by this Agreement shall be in writing and shall be deemed given to the party when sent by
-tInited States mail, de1ivered to the appropriate address by hand or by a national1y-recognized overnight
courier service (costs pre-paid), or sent by facsimile or e-mail addresses and marked to the attention of the
person (by name or tide) designated below or to such other address, facsimile number, e-mail address, or
person as the party may designate by notice to the other parties.
To: Twin Cities Community Capital Fund
Attn: Scott Martin
13911 Ridgedale Drive, Suite 260
Minnetonka, MN 55305
Fax: (952) 541-9684
smartinuutcccf.org
To: Member at the address, facsimile number, or e-mail address shown on the
Participation Agreement Signature Page.
17. Appointment of Authorized Representative bv Member. Member hereby appoints as its
authorized representative the person designated on the signature page of this Agreement. Member may
change the Authorized Representative at any time upon notice to TCCCF as provided herein. TCCCF
may rely upon all directions given by the designated Authorized Representative.
18. Counterparts. This Agreement may be executed in counterparts, which, taken together,
shall constitute one original. The parties agree that this Agreement may be transmitted among themselves
by facsimile. The parties intend that the faxed signatures constitute original signatures and faxed
agreements or counterparts containing the signatures (original or faxed) shall be binding on each of the
parties.
19. Applicable Law. This Agreement shall be governed by and construed in accordance with
Minnesota law.
20. Suitability and Risk. Member warrants that: (i) it has read the Member Disclosure
Statement; (ii) it understands and assumes the risks of membership in TCCCF; and (iii) it meets the
qualifications for membership. --
TWIN CITIES CoMMUNITY CAPITAL FUND
By
Its
Dated:
, 2005
4
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Appendix B
LOAN FUND ESCROW AGREEMENT
Twin Cities Community Capital Fund
This Loan Fund Escrow Agreement is made effective as of this _ day of ,
20_ by and among TwIN CITIES COMMUNITY CAPITAL FuND, a Minnesota nonprofit corporation
._f'TCCCF'), WELLS FARGO BANK MINNESOTA, N.A. ("Escrow Agent"), and those entities
-executing this Agreement and depositing funds with Escrow Agent pursuant to this Agreement
("Member(s)").
Preliminary Statement
TCCCF (the ~'Fund'') has been established as a means to allow municipalities, counties,
nonprofit and for-profit economic development organizations, development-oriented venture
funds, public charity and private foundations involved in economic development activities within
the Minnesota Counties of Anoka, Carver, Dakota, Hennepin, Rams~y, Scott, and Washingt(,m,
and other public and private organizations to pool resources in facilitating economic
development lending in the Twin Cities Metropolitan Area. Each of the Members desiring to
participate in TCCC~ has executed a Participation Agreement of even date herewith in
connection with such participation, and is prepared to deposit funds with Escrow Agent to be
held and administered as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Pm:pose of Loan Fund Escrow. The purpose of this Agreement is to establish the
escrow account that will receive, hold, and disburse (a) monies placed in escrow by Members
pursuant to the Participation Agreement, and (b) funds placed in escrow by purchasers of
Development Loans made under the Program.
~ .
,
Definitions. Unless otherwise specified, the following terms shall mean:
2.
"Agreement" means this Loan Fund Escrow Agreement.
"Authorized Representative" means the person(s) designated by resolution of the Board
of Directors ofTCCCF as authorized to give directions to Escrow Agent on behalf of TCCCF.
"Credit Reserve" means a credit reserve with regard to a Development Loan, as set out in
Section 7 of the Participation Agreement.
"Development Loan" means a business or community development loan approved by
TCCCF.
"Escrow Agent" means Wells Fargo Bank Minnesota, N.A.
"Escrow Agreement Signature Page" means the signature page of this Agreement in the
form of Schedule 1 of this Agreement.
"Loan Fund Escrow" means the escrow account established pursuant to this Agreement.
"Loan Purchase Agreement" means the agreement between the Loan Purchaser and
.-J'CCCF for the purchase of a particular Development Loan.
"Loan Purchaser" means a secondary market purchaser of Development Loans made by
TCCCF.
"Loan Purchaser Funds" means monies placed in the Loan Fund Escrow by a Loan
Purchaser to :fund the purchase of a Development Loan. .
"Member Account" means the account maintained by TCCCF on behalf of each Member
to show the principal balance held in the Loan Fund Escrow for the benefit of each Member.
"Member Funds" means the funds deposited by Members in the Loan Fund Escrow
created by this Agreement.
"Member(s)" means those entities that have executed a Participation Agreement and
which have deposited funds with Escrow Agent pursuant to this Agreement.
"Participation Agreement" means the Participation Agreement executed by each
Member participating in the Program.
"Permitted Investments" means investments permitted to government entities under
Minnesota Statutes Chapter l18A
"TCCCF" means Twin Cities Community Capital Fund, a Minnesota nonprofit
corporation.
"Unencumbered Amount" means, with respect to any Member, the balance in its Member
Account, less any portion thereof that Member has designated as a Credit Reserve to support a
Development Loan originated by such Member.
3. Deposit of Member Funds and Establishment of Escrow Account.
(a) TCCCF shall deliver to Escrow Agent ftom time to time an Escrow
Agreement Signature Page which has been executed by a Member and by TCCCF,
together with Member's certified check, bank money order or other immediately
available funds payable to Escrow Agent in the amount set forth on the Escrow
Agreement Signature Page. Escrow Agent, upon execution of the Escrow Agreement
Signature Page and deposit of the funds delivered in the Loan Fund Escrow, shall be
deemed to have accepted the obligations of Escrow Agent with respect to such funds.
2
Escrow Agent shall provide TCCCF with a facsimile copy of the fully executed Escrow
Agreement Signature Page.
(b) Escrow Agent shall maintain one escrow account for all Member Funds,
and such funds shall be deposited and commingled in the Loan Fund Escrow.
-- . (c) Escrow Agent shall (i) maintain records with respect to deposits and
withdrawals to and ftom the Loan Fund Escrow and the dates of such transactions, (ii)
provide TCCCF with a monthly report showing, among other things, deposits and
withdrawals to the Loan Fund Escrow and the total amount of income earned on the Loan
Fund Escrow since the last report. Each Member shall assign its respective share of the
income to TCCCF as. consideration for the services provided by TCCCF under the
Program. The Escrow Agent shall not be required to maintain mdividual Member
Account records' or to provide individual reports to Members, or to compute on an
individual Member basis the amount of income earned on Member Funds held in the
Loan Fund Escrow.
4. Fund Not Limited In Amount. There is no limit upon the number of Members or
the aggregate amount that may be deposited in the Loan Fund Escrow by Members, provided
that the aggregate of any individual Member's deposit in the Loan Fund Escrow plus the amount
of a Working Capital Loan plus the amount of any contributions may not be more than $200,000.
5. Disbursements :&om Loan Fund Escrow.
(a) Minimum Initial Funding. In the event Escrow Agent has not received a
minimum of $1,800,000 in Member Funds and TCCCF has not received $200,000 in
Working Capital :&om Members, together with their respective Escrow Agreement
Signature Pages by October I, 2005, the Loan Fund Escrow shall terminate and Escrow
Agent shall return to Members, without interest, the amount each Member deposited.
Upon termination of the Loan Fund Escrow, the Escrow Agent shall pay all interest
earned on escrowed funds, net of Escrow Agent's fees and expenses, to TCCCF.
(b) Disbursement of Loan Funds. Escrow Agent shall disburse Loan
Purchaser Funds to the Closing Agent upon TCCCF providing Escrow Agent with a
request signed by an Authorized Representative ofTCCCF stating:
(i) TCCCF requests a transfer of funds ftom the Loan Fund Escrow in
the amount of $ as of the closing date of a Development Loan by
TCCCF to (name of boITOwer) in the
principal amount of$ (the "Development Loan").
(ii) The advance requested will be used to fund the principal amount of
the Development Loan to borrower and the request is made that the Member
Funds be transferred by wire to at (title
company or closing agent) for the account of TCCCF on , 20_ by
0' clock .m..
3
.~-
(ill) TCCCF has received a commitment for the sale of the
Development Loan to ("Loan Purchaser"), at a sale price
of $ payable by wire transfer as of the same day Member Funds are
transferred pursuant to this request. In the event the principal amount of the
Development Loan exceeds the advance requested by TCCCF pursuant to this
Agreement, such difference will be funded by the originating Member or from
other sources.
(iv) The Member Funds advanced to TCCCF will not be irrevocably
advanced by TCCCF to fund the Development Loan until TCCCF has confirmed
with Escrow Agent that Escrow Agent has received a wire transfer from Loan
Purchaser in an amount equal to the amount advanced by EScrow Agent to the
title company or closing agent with respect to such Development Loan pursuant to
5(b)(i) and (ii) of this Agreement, and until (1) any discount from the face amount
of the Development Loan (based upon the Loan Purchase Price) has been funded
and transferred to the Closing Agent, (2) any credit reserve required by the Loan
Purchaser has been fully funded, and (3) all conditions for disbursement of the
Development Loan have been satisfied.
(c) Withdrawal of Member Funds. At any time after the third anniversary of
its first transfer to the Loan Fund Escrow, a Member may withdraw the Unencumbered
Amount of its Member Account upon 30 days' advance written notice to TCCCF and to
Escrow Agent specifying the amount the Member wishes to withdraw. If the requested
withdrawal would reduce the balance in the Member's Account to less than $5,000, the
entire balance in its Member Account shall be returned to Member, without interest, and
its Member Account shall be deemed closed.
6. Distribution of Interest and Income Derived from Loan Fund Escrow. Deposits
made by Members into the Loan Fund. Escrow are the property of the respective Members,
subject to the Escrow Agreement and the Participation Agreement. Each Member, pursuant to
the Participation Agreement, has assigned and appropriated to TCCCF all interest and income
earned upon their respective deposits in the Loan Fund Escrow and each Member hereby directs
Escrow Agent to distribute to TCCCF periodically (no less ftequently than semi-annually) from
the Loan Fund Escrow all interest and income earned uP9n their respective deposits held in the
Loan Fund Escrow, net of fees and expenses of Escrow Agent. The assignment contained in the
Participation Agreement and the direction to Escrow Agent set forth in the previous sentence are
irrevocable until the Member Account no longer has a positive balance.
7. Investments Authorized. Monies in the Loan Fund Escrow shall be invested only
in Permitted Investments pursuant to directions ofTCCCF as agent of Members.
8. Escrow Agent as DeJ>ository: Fees and Expenses.
(a) The Escrow Agent hereunder, pursuant to the instructions contained in this
Agreement, is a depository only and is not a party to or bound by any other agreement or
4
undertaking other than as set forth herein. Escrow Agent is not responsible or liable in
any manner for the sufficiency, correctness, genuineness or validity of the Participation
Agreement or related documents and undertakes no responsibility or liability for the form
of execution thereof or the identity, authority, title or other rights of any person executing
or depositing funds or documents hereunder or thereunder.
0'.....-
(b) Escrow Agent shall be entitled to rely on all instructions received in
writing ftom TCCCF pursuant to this Agreement.
(c) Escrow Agent fees and expenses during the term of this Agreement shall
be determined by separate letter agreement :ITom time to time between Escrow Agent and
TCCCF, as agent of the Members. Fees and expenses of Escrow Agent shall be deducted
ftom interest earned upon the Loan Fund Escrow. '
9. Liability of Escrow Agent. The Escrow Agent shall 'not be liable for any error
of judgment or for any act,done or omitted by it in good faith or for anything that it may in good
faith do or retrain ftom doing in connection with the foregoing instructions. No liability will be
incurred by Escrow Agent n: in the event any dispute or question as to the construction of the
directions, it acts in accordance with the opinion of its legal counsel.
10. Adverse Claims. In the event of any disagreement, or the presentation of adverse
claims or demands in connection with any item affected by the instructions contained within this
Agreement, Escrow Agent shall refuse to comply with any such claims or demands during the
continuance of the disagreement and shall reftain from delivering any item affected. In so doing
Escrow Agent shall not become liable to TCCCF or any Member or any other person due to its
failure to comply with any adverse claim or demand. EscrbwAgent shall be entitled to continue,
without liability, to retrain and refuse to act:
(a) Until all the rights of the adverse claimants have been fmally adjudicated
by a court having jurisdiction of parties and the items affected, after which time Escrow
Agent shall be entitled to act in conformity with such adjudication; or
(b) Until all differences have been adjusted by agreement and Escrow Agent
has been notified in writing of the adjustment, jointly or in counterparts by the
undersigned and by all persons making adverse tlaims or demands. Escrow Agent shall
be protected in acting in compliance with such notice.
11. TCCCF Designated as Agent of Member. Member hereby irrevocably designates
TCCCF as its agent during the term of this Agreement and any extension thereof and Escrow
Agent is hereby authorized to follow directions of TCCCF with respect to the following matters:
(a) all directions set forth in this Agreement;
(b) assignment of a Member's interest by a Member to a third party if
requested by a Member, provided., TCCCF provides to Escrow Agent an agreement of
assignment and assumption by and between the Member and the assignee whereby the
5
Member assigns its interest in the Member Funds which have been deposited in the Loan
Fund Escrow and its obligations under this Agreement and the assignee assumes such
obligations;
( c) directions to Escrow Agent with respect to the investment of monies held
in the Loan Fund Escrow within the limitations set forth in Section 7 of this Agreement;
~..... -
(d) establishment and modification of terms of Escrow Agent compensation
and expense reimbursement as provided under this Agreement;
( e) assignment of the interest of Members under this Agreement and in the
Loan Fund Escrow to a successor Escrow Agent and release of Escrow Agent upon
assignment; and
(f) termination of this Agreement.
12. Term and Tennination. This Agreement shall be for an initial term that ends on
October 1, 2008, and will automatically renew for successive one year terms thereafter unless
earlier terminated. This Agreement may be terminated by TCCCF by giving Escrow Agent 90
days' advance written notice of termination and may be terminated by Escrow Agent by giving
TCCCF 90 days' advance written notice of termination. In the event a successor Escrow Agent
is not appointed by the effective date of termination the Member Funds shall be refunded to the
Members.
13. Benefit. This Agreement shall be binding upon the respective parties' successors
and assigns.
14. Effective Date. This Agreement shall become effective upon the execution of this
Agreement by Escrow Agent and TCCCF. This Agreement shall become effective as to each
Member upon the date the Member signs this Agreement.
15. Notices to Escrow Agent aDd TCCCF. All notices and other communications
required or permitted by this Agreement shall be in writing and shall be deemed given to a party
when sent by United States mail, delivered to the appropriate address by hand or by'a nationally
recognized overnight courier service (costs prepaid) _9r sent by facsimile or e-mail with
confirmation of transmission by the transmitting equipment to the following addresses, facsimile
numbers or e';'mail addresses and marked to the attention of the person (by name or title)
designated below or to such other address, facsimile number, e-mail address or person as a party
may designate by notice to the other parties:
TO: Twin Cities Community Capital Fund
Attention: Scott Martin
13911 Ridgedale Drive, Suite 260
Minnetonka, MN 55305
Fax: (952) 541-9684
sDruWrtin~tcccf.org
6
TO: Wells Fargo Bank Minnesota, N.A.
Attention:
~-
Fax:
TO: Member at the address, facsimile number, or e-mail address as is
designated on the Escrow Agreement Signature Page.
16. Benefit: No Third Party Beneficiaries. This Agreement is entered into for the
benefit of TCCCF, Escrow Agent and the Members which sign this Agreement and their
respective successors and assigns. There are no third party beneficiaries to this Agreement.
17. Counterparts. This Agreement may be executed in counterparts, which, taken
together, shall constitute one original. The parties agree that this Agreement may be transmitted
among themselves by facsimile. The parties intend that faxed signatures constitute original
signatures and a faxed Agreement or counterparts containing the signatures (original or faxed)
are binding upon all the parties. .
18. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and the parties' respective rights and obligations associated therewith. No modification
to this Agreement sball be effective unless reflective in a writing containing signatures of both
parties.
19. Applicable Law. This Agreement shall be governed by and construed in
accordance with Minnesota law.
IN WITNESS waEREOF, this Agreement is executed as of the day and year first
_ written above.
TWIN CITIES COMMUNITY
CAPITAL FUND
WELLS FARGO BANK MINNESOTA,
N.A.
By
Its
By
Its
7
Appendix C
Twin Cities Community Capital Fund
LOAN CRITERIA
FINANCING POLICIES
CREDIT CRITERIA
LoaD Amounts:
. $50,000 minimum
. $1,000,000 maximum for standard loans; $1,500,000 for
New Markets Tax Credit eligible loans; a limited number of
loans of up to $2,000,000 will be considered annually for
certain projects.
Eli2ible Proieets:
. Funded project must be within a member's area of
operations.
. Borrower may be a for-profit business entity, non-profit
corpOration, or a cooperative business organization.
. A financial institution must be a participant in the project
financing.
Allowable Use of Pr~eeds:
. TCCCF financing assistance may include, but is not limited
to: fixed assets, including land and building purchase,
building construction, leasehold improvements and
renovations; acquisition, renovation or moving machinery
and equipment; and working capital loans secured by fixed
assets with fixed repayment schedules (not lines of credit).
. Loans may not be used to refinance existing debt.
Inelitdble Use of Pr~eeds:
. . Speculative real estate developments.
. Purchase of equity positions in business enterprises.
Interest Rates:
. Adjustable and fixed rate loans are available, with rates
determined by the TCCCF member originating the loan.
Loan Term Len2th:
. The term of each loan will be detennined on a case-by-case
basis, with the primary fi1ctor being the collateral offered.
Loans secured by real estate will generally not exceed 20
years, and loans secured by machinery and equipment wt1l
generally support a loan tenn of up to 10 years, not to
exceed the depreciated life of the asset being financed. The
TCCCF loan will typically coincide with the term of the
participating bank loan, including any balloon maturity
provisions.
Fees and ChaNes:
.
A 1.75% loan origination fee will be charged to all TCCCF
borrowers. This fee will be assessed only for approved
loans, but must be paid at or prior to loan closing.
A 0.5% loan underwriting fee shall be paid by the borrower
at loan closing.
Borrowers are responsible fur paying alllega1 and other loan
closing costs incurred by TCCCF.
.
.
Equity or Cash Requirements:
. Loan applicants must demonstrate an acceptable level of
project equity, with a minimum of 10010 equity provided by
the borrower. Subordinated debt within the same project
financing may be considered as additional equity, subject to
an intercreditor agreement. All other criteria will apply,
including subordinate debt, when calculating debt coverage.
Collateral Requirements:
. Loan collateral coverage must be at least 90% of the TCCCF
loan amount on appraised value of assets, less all senior
debt.
. TCCCF will consider the following collateral positions: first
security interest, shared first security interest, subordinated
security interest and shared subordinated security interest.
Debt to Worth:
. TCCCF will consider financing projects that have a tangible
net worth ratio on an actual and proforma basis of no greater
than 10 to 1 (10010 project equity or greater). Each project
shall be analyzed on its own merits and its ability to service
both existing and new debt.
. TCCCF borrowers (real estate holding companies excluded)
should have a tangible net worth of 5 to 1 or less, baSed
upon their most recent financial statements and, on a
proforma basis, reflecting the new proposed debt.
Personal Guarantees:
. Personal guarantees will be required for all owners with
20% or greater ownership in closely held businesses.
Mana2ement Experience & Company Performance:
. The TCCCF will require that the project have capable,
skilled management through experience or expertise in the
applicant's industry, either through previous successful
business ownership or tluough appropriate managerial
support services. Borrowers having erratic or
undocumented earnings, or borrowers having new and
unproven management, will require more loan risk sharing
by the TCCCF member originating the loan.
Repavment Ability:
. Applicants must demonstrate adequate historical cash flow
showing trends that support debt service coverage of at least
1.1 to 1. Proforma financial cash flows must also support
debt service coverage of at least one to one.
APPENDIX D
Twin Cities Community Capital Fund
Community Impact Criteria
It is an express goal of the Twin Cities Community Capital Fund (TCCCF) to encourage lending that achieves
measurable community impact. The following is a Hst of Community Impact Criteria that are consistent with
this goal. Each loan must demonstrate that it meets the standards under at least one of the criteria categories.
Job Creation and Retention
To qualify under this category, the number of jobs created or maintained should generally meet or exceed a
target benchmark of one job per $50,000 in loan amount. However, if it can be demonstrated that the jobs being
created are higher-wage or higher-salary jobs, a lower ratio of jobs per dollar may be considered. If this is the
only category under which the loan qualifies, TCCCF Members are strongly encouraged to seek borrowers
. providing "living wage" jobs.
Activities that Revitalize or Stabilize Low-to-Moderate Income Communities
To qualify under this category, a high percentage of the proceeds of the loan should be used to facilitate the
utilization of vacant or underutilized property, or for construction or rehabilitation of property. Also, the
property should generally be located in a census tract that is eligible for New markets Tax Credits (NMTC).
However, if it can be clearly demonstrated that the immediate community is an economically distressed or
declining area, the project may be considered even if it is not located in an NMTC-eligible census tract.
Activities involvinl! Proiects Located in Tare:eted Business Develonment Areas
To qualify under this category, the project must be located in an area that faces difficulty in attracting businesses
because of its prior use or current conditions. To qualify under this category, the project must result in clear
economic development impact such as jobs created/retained or the use of a vacant or underutilized property.
Prominent sub-categories in this category include:
. Brownfields or environmentally damaged property
. Business District Revitalization: A project located within a business area of a community with a
recognized revitalization or redevelopment plan that encourages business development as a means
of enhancing the economic productivity of the area.
. Assisting businesses in Labor Surplus Areas as defined by the Department of Labor.
Servinl! Disadvantal!ed Pooulations as Business Ownen
To qualify under this category, the business to which the loan is being provided must have at least a 51 %
ownership by individuals in one of the following groups: .
. Minority groups as specified by SBA policy and/pr regulations, including African Americans,
Hispanics, Asian-Pacific Islanders, Native Americans
. Women
. Physically disabled
Servinl! Nonorofit Omanizations
To qualify under this category, the borrower must qualify as a nonprofit corporation under the Federal tax code.
Other Identified Communitv Imuacts
To qualify under this category, the loan should address particular criteria that have been identified in local,
regional or state initiatives as having an important public impact. Examples of such criteria include: the support
of businesses that provide for the recycling of waste materials; the support of projects that conserve water or
energy; providing financing to businesses that export a significant portion of their products (e.g. 20% or more),
etc.
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Appendix E
TCCCF PROFORMA ASSUMPTIONS
., profonna: based upon a fiscal year of July 1 - June 30.
. .'~~ Number of Loans Closed: YeM..1 Yea.t2 ~
18 22 26
. Average Loan Size: $400,000
. Loan Origination Fee: 1.75% of loan prindpal amount, paid by borrower at closing.
. Capital Account Interest: estimated at 2% per annum.
. Professional Servia!s: based upon average of $1,900 per loan dosed for loan officer services, and $6,000 per month for
all Fund Management Services during Year One. The first two months of operation includes extraordinary costs related to
Fund start-up. .
. Travel: average expense of $100 per loan dosed, plus $50 monthly for genef1ll business travel.
. Annual Meeting: Indudes an organizational membership meeting in July 2005 and annual business meetings in
September of subsequent years.
. Board Meetings: the mst of quarterly board meetings, including mileage reimbursement and meals for board members
attending.
. Member Training: the cost of periodic training services for member representatives raated to Loan Fund operation,.
marketing, and technical Issues.
. Legal: legal expenses for mrporate legal work. Legal expenses associated with the dosing and documentation of loans
will be paid directly by the borrowers.
. Audit a. Accounting: the cost of preparing a year-end financial statement and audit report, and for day-to-day
accounting support services. .
. Uabillty I Directors' a. orncers' Insurance: business liability insurance and liability insurance for mrporate officers
and board members.
. Telephone: mobile telephone service for loan officers and the mst of periodic meetings using conference calls.
. _ Postage: postage msts based upon familiarity with similar types of organizations.
. Website Maintenance: cost of maintaining the TCCCF website.
. Supplies: general offtce supplies necessary to support the operations of the Fund.
. Advertising: limited advertising targeted to banks and prospective members after the launch of the Fund.
. Advance Commlbnent Fees: refundable fee payable to the Loan Purchaser equal to 1% of the amount reserved for
buying Development Loans, based upon loan activity projections.
. Miscellaneous: amount for unanticipated expenses.
. Beginning Cash Balance: source Is $200,000 Working Capital Loans and/or Grants from Members.
. Year two and three expenses are increased by 5% annually.
Appendix F
ARTICLES OF INCORPORATION OF
TWIN CITIES COMMUNITY CAPITAL FUND
......-
ARTICLE I
NAME
The name of the corporation shall be Twin Cities Community Capital Fund.
ARTICLE II
REGISTERED OFFICE
The loCation of the registered office of the corporation shall be 13911 Ridgedale Drive,
Suite 260, Minnetonka, Minnesota 55305. -
ARTICLE III
PURPOSE
This corporation is organized and shall at all times hereafter be operated exclusively for
charitable purposes under section 501 (c)(3) of the Internal Revenue Code. Within the foregoing
limitations, this corporation will combat community deterioration by promoting the development
of housing and business.enterprises throughout Anoka County, Carver County, Dakota County,
Hennepin County, Ramsey County, Scott County, and Washington County in Minnesota.
The operations of the corporation are intended to provide financing and development services to
business and affordable housing enterprises, In order to foster economic development and job.
opportunities, with an emphasis on those projects and enterprises owned, controlled and
operated by, and for the benefit of, those who live within the described area, or are committed to.
hiring persons affected by poverty or by the deterioration within the described area. The
corporation is also intended: (a) to be eligible for certification as a Community Development
Financial Institution under the criteria specified in12 CFR Part 1805 of the federal regulations,
(b) to qualify as a Community-Based Development Organization under the criteria and
procedures specified in 24 CFR Part 570.204 of the federal regulations, and (c) to meet the
. criteria specified in Section 45D of the IntemalRevenue Code as a Qualified Community
Development Entity. To the extent consistent with the foregoing, the corporation may pursue all
other lawful purposes available to the nonprofit corporations organized as such under the laws
of the State of Minnesota.
ARTICLE IV
POWERS
This corporation is organized under and shall have the authority and general powe~ contai~ed
in the Minnesota Nonprofit Corporation Act, Minnesota Statutes Chapter 317A, as it now eXists
or may hereafter be amended.
ARTICLE V
PROHIBITED PURPOSES AND POWERS
This corporation sh~1I not afford pecuniary gain, incidentally or otherwise, to its members, other
... than nonprofit corporations (except the payment of reasonable fees for goods and services
rendered and approved in accordance with the bylaws), and no part of the net income or net
'~eamings of this corporation shall, directly or indirectly, be distributable to or otherwise inure to
the benefit of any individual.
The corporation shall not participate in, or intervene in (including the publishing or distribution of
statements) any political campaign on behalf of any candidate for public office. No s~bstantial
part of the activities of the corporation shall be the carrying on of propaganda, or otherwise
attempting to influence legislation, unless and to the extent the corporation . makes an election
available to public charities under federal tax law to permit limited expenditures to influence
legislation, in which event such limits shall be strictly observed to preserve the corporation's
exempt status.
ARTICLE VI
DISSOLUTION
Upon the dissolution of the corporation, the board of directors shall, after paying or making
provision for the payment of all of the liabilities of the corporation, dispose of all the assets of the
corporation exclusively for the purposes of the corporation in such manner, or to such
organization or organizations organized and operated exClusively for charitable purposes as
shall at the time qualify as an exempt organization or organizations under ~501 (c)(3),
~170(b)(1)(A)(i-vi), 5170(c)(2), 52055(a) and 52522(a) of the Internal Revenue Code of 1986 (or
the corresponding provision of any future United States Intemal Revenue law), as the board of
directors shall determine. Any assets not so disposed of shall be disposed of by the district
court of the county in which the principal office of the corporation is then located, exclusively for
the purposes of the corporation or to such organization or organizations, as the court shall
determined, which are so qualified and are organized and operated exclusively for such
purposes.
ARTICLE VII
MEMBERSHIP
The corporation shall have three classes of members. Members whose contribution and/or
working capital loan to the corporation and deposit to the loan fund amounts in the aggregate to
$200,000 shall be designated as "Class A members." Members whose contribution and/or
working capital loan to the corporation and deposit to the loan fund amounts in the aggregate to
at least $100,000 but less than $200,000 shall be designated as "Class B members." Members
whose contribution and/or working capital loan to the corporation and deposit to the loan fund
amounts in the aggregate to at least $50,000 but less than $100,000 shall be designated as
"Class C members." Two of the directors of the corporation shall be elected exclusively by Class
A members. Two of the directors of the corporation shall be elected exclusively by Class B
members. Two of. the directors of the corporation shall be elected exclusively by Class C
members. Other than this limited right to vote for directors and the right to approve modifications
to the articles or bylaws which modify the limited right to vote for directors, no member shall
2
have any rights of governance with respect to the corporation. Members are entitled to one vote
for each $1 ,000 contribution andlor loan to the corporation for working capital and one vote for
each $1,000 of deposit balance in the Loan Fund (fractions are disregarded).
The members of the corporation shall have no property rights in the assets of the corporation
.. and no earnings of the corporation shall inure to the benefit of or be distributable to the
'~~members, except the members may be reasonably compensated for services performed for the
corporation.
The members of the corporation shall have the authority to elect directors to the extent set out in
the Bylaws. The approval of such members shall be required prior to amendment or
abridgement of this right to elect certain directors, but the members of the corporation shall have
no other rights with respect to the governance of the corporation.
ARTltLE VIII
NO PERSONAL LIABILITY
The officers, directors and members of this corporation shall not be personally liable for the
acts, debts, liabilities or obligations of the corporation or any enterprise or activity carried on or
sponsored by it.
ARTICLE IX
ACTION WITHOUT A MEETING
An action may be taken by written action signed by the number of directors that would be
required to take the same action at a meeting of the board at which all directors were present.
The written action is effective when signed by the required number of directors, unless a
different effective time is provided in the written action. When written action is taken pursuant to
the authority of this Article, all directors must be notified immediately of its text and effective
date. Failure to provide the notice does not invalidate the written action. A director who does
not sign or consent to the written action is not liable for the action.
ARTICLE X
INCORPORATORS
The names and addresses of the incorporators are:
Scott A. Martin
13911 Ridgedale Drive, Suite 260
Minnetonka, Minnesota 55305
Larry Blackstad
417 North Fifth Street, Suite 320.
Minneapolis, Minnesota 55401
3
, '
..
.
IN WITNESS ~REOF, Woe havj3 _made, subscribed and acknowledge these Articles of
Incorporation this ~ day of VI~, 2004. .
lAl. M~
Scott A. Martin
cd.~'fll~
4
Appendix G
BYLAWS OF
TWIN CITIES COMMUNITY CAPITAL FUND
ARTICLE I.
OFFICES, CORPORATE SEAL
Section 1.01 Reaistered and Other Offices. The registered office of the corporation in
Minnesota shall be that set forth in the articles of incorporation or in the most recent amendment
of the articles of incorporation or statement of the board of directors filed with the Secretary of
State in Minnesota changing the registered office in the manner prescribed by law. The
corporation may have such other offices, within or without the State of Minnesota, as the board
of directors shall from time to time determine.
Section 1.02 Corporate Seal. The corporation shall have no corporate seal.
ARTICLE II.
MEMBERS
Section 2.01 Elioibilitv and Classes. of Members. Each community development corporation,
individual, business organization, development-oriented venture fund, local governmental
agency, public charity or private foundation which is involved in economic development activity,
including the management of a Revolving Loan Fund ("RLF") operated within the area of
operations of the corporation, with an interest in supporting the purposes of the corporation,
may apply to become a member by contributing or loaning funds to the corporation for use by
the corporation as working capital and by depositing funds in a loan fund maintained in an
escrow account established pursuant to an escrow agreement by depositor, corporation and a
bank or other independent financial institution, which escrow agreement provides in part that (i)
title and ownership of the funds deposited in such loan fund shall remain in the name of the
depositor; (ii) the income derived from the loan fund, net of expenses of the escrow agent shall
be paid. to the corporation; (iii) loan fund principal may be advanced to corporation upon receipt
of directions as set forth in the Loan Fund Escrow Agreement; and (iv) deposit to the loan fund
shall be retumed to the depositor upon notice of withdrawal by the depositor upon lapse of time
as set forth in the Loan Fund Escrow agreement.
The terms upon which the corporation may draw upon and receive an advance from the loan
fund are contained in the Loan Fund Escrow Agreement and in the Participation Agreement.
The terms for the use and repayment of funds loaned to the corporation by members for
working capital are contained in the Participation Agreement. Membership participation shall be
subject to approval by the board of directors of the corporation through the execution of a
written participation agreement. The Participation Agreement will also describe the procedure by
which the member shall identify the members' official representative and alternate entitled to
attend membership meetings and vote on behalf of the member. Upon execution of the
Participation Agreement and the Loan Fund Escrow Agreement, and the transfer of funds to the
loan fund and to the corporation for working capital, the participating entity shall become a
member of the corporation.
The corporation shall have three classes of members. Members whose contribution and/or
working capital loan to the corporation and deposit to the loan fund amounts in the aggregate to
$200,000 shall be designated as "Class A members". Members whose contribution and/or
working capital loan to the corporation and deposit to the loan fund amounts in the aggregate to
at least $100,000 but less than $200,000 shall be designated as "Class B members". Members
whose contribution and/or working capital loan to the corporation and deposit to the loan fund
amounts in the aggregate to at least $50,000 but less than $100,000 shall be designated as
.. "ClassC members". Two of the directors of the corporation shall be elected exclusively by Class
.A members. Two of the directors of the corporation shall be elected exclusively by Class B
members. Two of the directors of the corporation shall be elected exclusively by Class C
members. Other than this limited right to vote for directors and the right to approve modifications
to the articles or bylaws which modify the limited right to vote for directors, no member shall
have any rights of governance with respect to the corporation. Members are entitled to one vote
for each $1,000 contribution and/or loan to the corporation for working capital and one vote for
each $1,000 of deposit balance in the loan fund (fractions are disregarded).
Section 2.02 No Riahts in Assets or Eaminas. The members of the corporation shall have no
property rights in the assets of the corporation and no earnings of the corporation shall inure to
the benefit of or be distributable to the members, except the members may be reasonably
compensated for services performed for the corporation.
The Corporation shall at all times be operated exclusively for charitable purposes under Section
501 (c)(3) of the Internal Revenue Code. Within the foregoing limitations, this Corporation will
combat community deterioration by promoting economic development opportunities, including
the development of housing and business enterprises throughout Anoka. County, Carver
County, Dakota County, Hennepin County, Ramsey County, Scott County, and Washington
County in Minnesota. Future net income of the corporation shall be used for developing and
expanding programming that enhances economic development opportunities throughout the
aforementioned seven counties.
Section 2.03 Members to Elect Certain Directors. The members of the corporation shall have
the authority to elect directors to the extent set out in Article III. The approval of such members
shall be required prior to amendment or abridgement of this right to elect certain directors, but
the members of the corporation shall have no other rights with respect to the governance of the
corporation.
Section 2.04 Transfer of Membership Interests. Membership and rights arising out of
membership may be transferred upon the written consent of the board of directors.
ARTICLE III.
DIRECTORS
Section 3.01 General Purnoses. The business and affairs of the cOrporation shall be managed
by or shall be under the direction of the board of directors.
Section 3.02 Number. Qualifications. Election and Term of Office. The number of active
directors shall be nine (9). or such greater or lesser number as the board shall from time to time
determine, provided that the Class A, Class B and Class C members of the corporation shall
collectively at all times following the first annual meeting of the corporation, be entitled and
responsible to elect a majority of the directors then serving.
2
To make certain that the management of the corporation is broadly representative of, and
responsive to, communities within the Twin Cities metropolitan area, all directors shall be
individuals employed or residing in Twin Cities metro area communities. The corporation shall
make an effort to identify and recruit as directors individuals representing a broad cross section
of Twin Cities metro area. Particular emphasis shall be placed on identification and recruitment
of qualified board candidates who themselves are low- and moderate-income Minnesota
residents or who work with organizations and enterprises serving low- and moderate-income
,. communities throughout the seven county Twin Cities metropolitan area, as described in
"Section 2.02.
The initial board of directors shall be appointed by written action of the incorporators and shall
serve until the first annual meeting of the corporation.
At the first annual meeting of the corporation, two of the elective director positions shall be
designated as "Class An director positions to be filled by the vote of the Class A members; two
of the elective director positions shall be designated as "Class Bn director positions to be filled
by the vote of the Class B members; and, two of the elective director positions shall be
designated as "Class C. director positions to be filled by the vote of the Class C member:s. At
each subsequent annual meeting of the corporation, if a Class A, Class B or Class C director
position is vacant or the term of the present occupant is expiring, the appropriate class of
members shall assemble to propose arid consider nominees, who may but need not be
associated with members of the corporation, and to vote to fill each such designated director
position. The votes cast by members shall be weighted proportionally to the total contribution
and/or loan amount made to the corporation for working capital, plus the deposit made by such
member to the loan fund, as provided for in Section 2.01 of these Articles. Each $1,000
contributed, loaned or deposited by the member (fractions thereof shall be disregarded) shall be
equal to 1 vote. The director candidate receiving the greatest number of votes from each
respective class of members shall be deemed elected.
The remaining director positions, which have not been designated as Class A, Class 8 or Class
C director positions, shall be at-large positions filled by the affirmative vote of a majority of the
member-elected directors present at a meeting of the board.
Each of the directors shall hold office fora term of three (3) years, except that, of the first board
elected at an annual meeting under these bylaws, up to one-third of those elected shall hold
office for a term of two (2) years and up to one-third of those elected shall hold office for a term
of one (1). year. Election of additional directors or of replacements for directors whose terms are
expiring each year shall take place at the annual meeting of the board in such year, and each
director shall hold office until a successor shall have been elected and shall qualify, or until the
earlier death, resignation or removal of such director.
Section 3.03 Board MeetinQs: Place and Notice. Meetings of the board of directors may be
held from time to time at such place that the board of directors may designate. A conference
among directors by any. means of communication through which the directors may
simultaneously hear each other during the conference constitutes a meeting of the board of
directors, if the number of directors participating in the conference would. be sufficient to
constitute a quorum at a meeting, and if the same notice is given of the conference as would be
required for a meeting. The chair may call a board meeting by giving not less than five (5) nor
more than thirty (30) days notice to all directors of the date and time of the meeting. The notice
of a meeting need not state the purpose of the meeting. Notice shall be written and may be
given by mail or in person. If a meeting schedule is adopted by the board, or if the date of a
board meeting has been announced at a previous meeting, no notice is required.
3
Section 3.04 Waiver of Notice. A director may waive notice of a meeting of the board. A
waiver of notice by a director is effective whether given before, at or after the meeting and
. whether given in writing or by attendance, whether in person or by electronic means.
Section 3.05 Quorum. A simple majority of the directors currently holding office is a quorum for
the transaction of business. If a quorum is present when a duly called meeting is convened, the
directors in attendance may continue to transact business until adjournment even though the
.. withdrawal of a number of directors originally present leaves less than the number otherwise
-, required for a quorum.
Section 3.06 Vacancies. Vacancies on the board of directors resl,llting from the death,
resignation or removal of a director may be filled by the affirmative vote of a majority of the
remaining directors. Each director elected under this section to fill a vacancy shall hold office
until a qualified successor is elected at the annual meeting of the corporation occurring at the
. end of the term that he or she was elected to fill.
Section 3.07 Removal of Directors. Any director may be removed at any time, with or without
cause, by the affirmative vote of two-thirds of the remaining directors. Absence of a director at
three consecutive board meetings without written or oral explanation to the chair of such
absences shall be deemed to be the resignation of such director.
Section 3.08 Manner of Actina. Unless otherwise required by law or these bylaws, the action of
a majority of directors present at a meeting at which a quorum is present shall be the act of the
board. Any action required or permitted to be taken by the board may be taken without a
meeting by the collective consent in writing, setting forth the action so taken, of all the directors.
The board may also act by any other form of communication permitted by law.
ARTICLE IV.
OFFICERS
Section 4.01 Number. Desianation and Qualifications. The officers of the' corporation shall
consist of a chair, a vice chair, a secretary and a treasurer. A majority of all directors may
appoint a manager to act as chief executive officer, or any other officers deemed necessary for
the operation and management of the corporation, each of whom shall have the powers, rights,
duties, responsibilities and terms of office determined by the board from time to time. Any
number of offices or functions of these offices may be held or exercised by the same person.
Officers of this corporation, other than the CEO, shall be directors of this corporation.
Section 4.02 Chair. The chair of the corporation shall preside at all meetings of the board and
at all meetings of any executive committee that may subsequently be established. The chair
shall perform all functions customarily incident to the office of chair and all such other functions
as from time to time are assigned by the board of directors. Unless and until the board appoints
a manager to act as chief executive officer, the chair of the corporation shall be the CEO of the
corporation. As CEO, the chair shall have overall responsibility for the management of the
business of the corporation, be authorized to sign and deliver all instruments having to do with
the business of the corporation, and shall maintain records of and, to the extent necessary,
certify all proceedings of the board of directors of the corporation.
Section 4.03 Vice Chair. The vice chair of the corporation shall act in place of the chair in the
absence of the chair and perform such other duties as may from time to time be prescribed by
the board of directors.
4
Section 4.04 Secretary. The secretary of the corporation shall prepare minutes of each
meeting of the board, shall maintain records of and, to the extent necessary, certify all
proceedings of the board of directors of the corporation.
Section 4.05 Treasurer. The treasurer shall act as chief financial officer of the corporation and
in such capacity shall keep accurate financial records for the corporation; endorse and deposit
all money, drafts, and checks in the name of and to the credit of the corporation in the banks
'" and depositories designated by the board of directors; disburse corporate funds and issue
"'checks and drafts in the name of the corporation; render to the chair and the board of directors,
whenever requested, an account of all transactions and of the financial condition of the
corporation; and perform such other duties as may from time to time be prescribed by the board
of directors or chair. The treasurer need not personally perform the duties described herein, but
all such duties shall be performed under the supervision of the treasurer.
Section 4.06. Manaaer. The board of directors may choose to appoint a manager who shall be
the President and Chief Executive Officer of the corporation and shall exercise the functions and
duties customarily incident to the office. The manager shall have general active management of
the affairs and business of the corporation, and shall report directly to the board of directors.
The manager shall be responsible for seeing that all orders and resolutions of the board of
directors are carried into effect. The manager shall serve as an ex officio member of all board
committees, without vote.
Section 4.07 Election and Term of Office. The directors shall, no less frequently than at each'
annual meeting, elect a chair, a vice chair, a secretary and a treasurer and any other officers or
agents the board deems necessary. Such officers shall hold their offices until their successors
are elected and qualified, or until death, resignation or removal as herein provided. A vacancy
in any office may be filled by the board for the unexpired portion of the term.
Section 4.08 Removal of Officer. An officer may be removed at any time, with or without cause,
by the affirmative vote of a majority of the directors present at a meeting of the board of
directors at which a quorum is present.
Section 4.09 Other Committees. The board of directors may establish other committees of one
or more persons having the authority of the board in the management of the business of the
corporation to the extent provided in the resolution establishing such committee. Committee
members need not be directors or officers. A majority of the members of a committee present
at a meeting constitutes a quorum for the transaction of business.
ARTICLE V.
ANNUAL MEETING
The annual meeting of the corporation shall be held within 120 days following the end of each
fiscal year. The official representative of each member shall be notified of the time and place of
the annual meeting not less than 30 days prior to the meeting date. The election of directors
shall take place at each annual meeting, as provided in Section 3.02 of these Articles. In
addition, officers of the board and the chief executive officer shall present the annual audited
financial report and a summary of the corporation's activities of the past fiscal year.
5
ARTICLE VI.
NOTICE
Whenever under the provisions of these bylaws or other law any notice is required to be given,
such notice may be given in writing by mail, by telegram, bye-mail if the intended recipient
personally provides written or e_mailedacknowledgmentofreceipt.orbypersonaldelivery.to
the person to whom notice is to be given. Any notice required by these bylaws when given by
mail is deemed given when deposited in the United States mail with sufficient postage affixed.
ARTICLE VII.
INDEMNIFICATION
To the extent permitted by law, any former or present director, officer, employee, trustee or
agent of this corporation shall be indemnified by this corporation against expenses incurred in
connection with any proceeding to which he or she is a party by reason of past or present
official capacity as a director, officer, employee, trustee or agent, or as director, officer, partner,
employee, trustee or agent of another corporation, partnership, joint venture, trust or other
organization while serving at the request of this corporation.
ARTICLE VIII.
AMENDMENT
These bylaws may be amended upon the affirmative vote of two-thirds of the directors present
at a meeting at which a quorum is present, after notice as provided in Section 3.03, together
with a copy of the proposed amendments, has been given to all directors.
- END OF BYLAWS -
6
PARTICIPATION AGREEMENT SIGNATURE PAGE
This Participation Agreement Signature Page is evidence of the Member's agreement to become a
party to the Twin Cities Community Capital Fund Participation Agreement dated , 2005
among TCCCF and the Members thereof.
Name of Member:
(please Print)
Signature of Authorized Officer:
Name of Authorized Officer:
(please Print)
Title of Authorized Officer:
Attest:
Business Address of Member:
(Address Line 1)
(Address Line 2)
(City, State, Zip)
(phone Number)
(Facsimile Number)
(E-mail address)
Name of Designated Authorized Representative:
Address of Authorized Representative:
(If different :ftom above)
(Address Line 1)
(Address Line 2)
(City, State, Zip)
(Phone Number)
(Facsimile Number)
(E-mail address)
Federal Tax Identification No.:
State Tax Identification No.:
Amount of Member Funds for Deposit:
Working Capital Loan Amount:
Working Capital Grant Amount:
$
$
$
Dated:
. 2005
5
LOAN FUND ESCROW AGREEMENT SIGNATURE PAGE
Twin Cities Community Capital Fund
Name of Member:
(please Print)
Signature of Authorized Officer:
Name of Authorized Officer:
(please Print)
Title of Authorized Officer:
Attest:
Business Address of Member:
(Address Line 1)
(Address Line 2)
(City, State, Zip)
(phone Nwnber)
(Facsimile Nwnber)
(E-mail address)
Federal Tax Identification No.:
State Tax Identification No.:
Amount of Member Funds to be Deposited
in Loan Fund Escrow:
$
Dated:
.200_
WELLS FARGO BANK MINNESOTA,
N.A.
T~CITIESCO~TY
CAPITAL FUND
By
Its
Date signed:
By
Its
Date signed:
8
VI-12
Memorandum
To:
From:
Re:
Date:
Mayor Werner & City Councilmembers
Melanie Mesko Lee, Assistant City Administrator
Public Works Maintenance Supervisor Compensation Recommendation
June 1 2005
Council Action Reauested:
The City Council is being requested to approve the attached compensation range for the
approved Public Works Maintenance Supervisor position.
Backaround Information:
The City Council approved the position description of this position in January 2005. Staff is
recommending the following point value and salary structure for filling this position in 2005.
Work Environment
2L
58 oints
JUstificatiOn
High school plus an additional 1 year of formal
re aration Ius 5 ears of ex erience.
Moderate to considerable impact of judgment (policies
are generally clear and with precedent), and
participates in department-wide decision making
rocess.
Challenges and problems tend to be department-wide
and diverse and must be addressed within broader,
department-wide procedures and practices; choose
from amon the best ossibilities.
Actively persuades/directs others to expected
outcomes, while controlling/modifying information/data
related to basic rocedures and ractices.
Low, limited potential for accidents.
Classification ..F actor
Formal Preparation &
Ex erience
Decision Making
4C+
152 points
Thinking/Problem
Solving
Interactions/
Communications
4C
131 points
The revised total proposed point value for this position is 638 points, an increase in 35 points over
the previous evaluation. An analysis of this position compared to the existing Public Works
Su erintendent osition:
Due to the supervisory functions associated with this position, this will be an exempt status
position. This position's proposed value of 638 points continues to be comparable to the position
values assigned to the positions of Accountant-Advanced, Community Relations, and Aquatics &
Civic Arena Manager positions. Therefore, a corresponding salary range is proposed:
Public
Works 638 Hourly $23.63 $24.61 $25.59 $26.58 $27.55 $28.53 $29.53
Maintenance
Supervisor Monthly $4,095.08 $4,264.91 $4,434.75 $4,606.31 $4,774.42 $4,944.25 $5,117.55
Annually $49,150.40 $51,188.80 $53,227.20 $55,286.40 $57,304.00 $59,342.40 $61,422.40
If approved by the City Council, staff will begin the process of recruiting internally to fill this
position in immediately. Please let me know if you have any questions about this information.
VI-13
MEMO
- To:---
From:
Date:
Re:
Honorable Mayor and City Council
Tom Montgomery
June 1, 2005
Change Order #2, Project 2004-4, 10th & Hwy 61 Improvements
Enclosed for Council approval is Change Order #2 for Project 2004-4, the widening of 10th St.
adjacent to Schoolhouse Square and the reconfiguration of the Hwy 61 intersection, including relocation
of traffic signals. The Change Order is for additional costs incurred in providing power for the signals
from a different location than was called out in the construction plan set.
-
CITY OF HASTIN6S
1
City of Hastings - Engineering Department
CHANGE ORDER #2
Contractor:
Address:
-- -
Ace Blacktop, Inc.
7280 Dickman Trail
Inver Grove Heights, MN 55076
City Project No.: 2004-4
Contract Name: 10th Street & TH 61 Reconstruction
In accordance with the terms of this contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions
The intended power source location for the traffic signaling and lighting systems at the intersection of 10th
Street and TH 61 was removed by Xcel Energy prior to the commencement of construction activity on
this project. The removal of this power source was not accounted for on the original construction plans.
As a result, Ace Blacktop's subcontractor, Collins Electric, performed electrical work to provide power to
the signal poles from an alternative location, and incurred unexpected costs. Additional time and
materials procured by Collins Electric in order to make the necessary connections resulted in an additional
cost of$3,884.72 to the project.
This change order compensates for the additional costs described herein.
Approved By:
Acting City Engineer
Date:
Accepted By:
Ace Blacktop Authorized Representative
Date:
- 2 -
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VI.15
MEMO
To:
From:
Date:
Re:
. Honorable Mayor and City Council
Tom Montgomery
June 2, 2005
Approve Proposed 2005 Sealcoat Program
Enclosed for Council approval is a drawing illustrating the proposed 2005
Sealcoat Program that includes streets in the Riverwood Addition and Carl Park Addition
areas, along with Southview Court, the west end of Southview Drive, Southview Place,
Old Bridge Lane, Northridge Court and Highview Court, and South Park Drive and South
Park Place. The majority of the streets were last sealcoated 9 and 10 years ago.
CITY OF HASTINGS
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VI-16
Memo
To:
Mayor Werner and City Council
--~rom:
John Hinzman, Planning Director
Date:
June 6, 2005
1st Reading\Order Public Hearing - Ordinance Amendment #2005-
32 - Fee Schedule
Subject:
REQUEST
The City Council is asked to consider first reading and order a public hearing to review
the following amendments to the City Code related to Land Use Fees:
. .
1) Add Chapter 10, Section 10.35 - Fees, to the Zoning Ordinance
2) Add Chapter 11, Section 11.11 - Fees, to the Subdivision Ordinance
The fees were adopted by City Council Resolution in April, 2003. No changes to the
fee amounts are proposed. The City Attorney has recommended adopting all land use
fees by ordinance to be consistent with State Statute requirements.
Upon approval of first reading, the public hearing would be held at the June 20, 2005
City Council Meeting.
RECOMMENDATION
The Planning Commission unanimously recommended approval of the amendment at
the May 23, 2005 meeting with limited discussion. No one spoke for or against the
changes during the public hearing.
ATTACHMENT
. Ordinance Amendment
DRAFT NO.2
CITY COUNCIL 1 ST READING - JUNE 6, 2005
--.-
ORDINANCE NO.
, SECOND SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
CHAPTERS 10 AND 11, OF THE HASTINGS CITY CODE PERTAINING TO:
LAND USE AND SUBDIVISION FEES
BE IT ORDAINED by the City Coun~il of the City of Hastings as follows:
Chapter 10, Land Use Regulations (Zoning), of the Hastings City Code is amended as
follows:
SECTION 10.35 FEES
The City shall prescribe fees sufficient to defray the costs incurred bv it in reviewinq,
investiqatinq. and administerinq an application for an amendment to an official control
established. or an application for a permit or other approval as follows:
Tvpe
Annexation
Comprehensive Plan Amendment
Environmental Assessment Worksheet (EAW)
Garden Center
House Move
Rezoninq
Roof Siqn Approval
Siqns
Site Plan - Residential
Fee
$500.00 + LeQal Expenses
$500.00
$500.00 + $1000 escrow
$50.00
$500.00
$500.00
$100.00
Based on Estimated Value:
- .$1-$500 = $30
- $501-$1,000 = $50
- $1001-$2500 = lli
- Over $2.500 = UQQ
$500.00 + escrow as follows:
- .$2,000 (8 units and under)
- $3,250 (9 - 40 units)
- $4.500 (41 units and Qreater)
Site Plan - Commercial/Industrial
.$500.00 + escrow (based on
buildinq sJ.) as follows:
- $2,000 (0 - 5,000 sJ.)
- $3,000 (5,001 - 10,000 sJ.)
- $3,750 (10,001 - 50,000 s.n
- $4,500 (50,001 s.f. and qreater)
$500.00
$250.00
$400.00
Special Use Permit
-Variance
Vacation of ROW\Easement
Fees for actions not prescribed above may be levied by the city provided they are fair,
reasonable, and proportionate and have a nexus to the actual cost of the service for Which
the fee is imposed.
BE IT FURTHER ORDAINED by the City Council of the City of Hastings as follows:
Chapter 11, Subdivision Regulation (Platting), of the Hastings City Code is amended as
follows:
SECTION 11.11 FEES
The City shall prescribe fees sufficient to defray the costs incurred by it in reviewinq,
investiqatinq, and administerinq an application for an amendment to an official control
established, or an application for a permit or other approval as follows: ' "
Type
Fee
Administrative Lot Split
Lot Line Rearranqement
Minor Subdivision
Final Plat
Preliminary Plat
.$50.00
$50.00
.$500.00
$600.00
.$500.00 + escrow as follows:
- .$3,500 (under 10 acres)
- $6,500 (10 acres and qreater)
Fees for actions not prescribed above may be levied by the city provided they are fair,
reasonable, and proportionate and have a nexus to the actual cost of the service for which
the fee is imposed.
VI-17
MEMO
-- -
TO:
FROM:
RE:
DATE:
Honorable Mayor and City Council members
Charlene Stark, Interim Finance Director
2005 Cellular Phone Policy
May 23, 2005
The City Council is asked to approve the Cellular Phone Policy.
During the 2003 and 2004 audit the City's auditors suggested a cellular phone policy
should be drafted and adopted. Attached is the cell phone policy that staff has prepared
for adoption.
As always, should you have any questions on this information, please feel free to contact
me.
Council Action Reauested
Adopt the cell phone policy.
City of Hastings Cellular Phone Policy
Purpose
To better serve our citizens and give our workforce the best tools to do
their jobs, the City of Hastings continues to adopt and make use of new
means of communication and information exchange. To this end, the City
of Hastings utilizes cell phones for its employees. The following policy
has been adopted to establish reasonable terms and expectations of use
for those employees who are issued a cell phone in order to perform the
duties and requirements of their position most effectively.
---
Emplovees
EIiQible
Employee use of City owned cellular phones is a privilege and is not
guaranteed to every position. Each department head shall take into
consideration the increased safety, efficiency, and performance benefits
for each individual employee and/or department requesting a phone prior
to a phone being issued. Those positions which have been identified as
eligible may be issued a cell phone for performing the duties of their job.
Care of
Equipment
As with all City equipment, proper care and safekeeping of City owned
cellular phones is expected of all employees who have been issued a cell
phone. Phones shall be appropriately protected and secured to eliminate
potential damage andlor theft.
Leaving phones unattended, misuse or abuse of an individual phone, or
disregard for their protection (water, dust etc.) will not be tolerated and
will be grounds for discipline.
In the case of theft or loss of phone, employee is required to contact their
supervisor or Department Head immediately to report the loss or theft.
General Phone
Use: City-owned cellular phones are intended to be used to conduct city
business and to aid those employees engaged in city activities.
Employees are to use their cellular phone in a safe manner at all times.
Incidental personal use of cell phones by employees is permitted, but in
no case should personal use interfere with an employee's performance of
job duties nor compromise the safety of an employee or the public in the
performance of job duties. An excessive amount of personal calls or
personal calls resulting in additional fees or roaming charges will paid by
the employee and may result in disciplinary action.
Plans Utilized The City of Hastings Cell Phone plan through Nextel offers unlimited
direct connect usage on all phones and employees are strongly
encouraged to use that feature whenever possible.
If the City of HastinQs chooses to offer an alternative cell phone plan
without a minimum number of minutes (for placement in ambulances. for
instance), department heads are provided discretion on whether
reimbursement for calls made under those plans are business-related and
---
Safety &
Courtesy
After Hours
Use
Revocation &
Return
thus will be paid by the City of Hastinos or whether they are personal and
the employee will be responsible for the costs incurred.
Cell phone plans are to be combined or pooled across City departments
whenever it is reasonable to achieve maximum efficiency for minutes
available and cost savinos to the City of Hastinos. Departments shall not
enter into separate cell phone aoreements without prior authorization
from the City Administrator.
Employees are expected to use their cell phones in a safe and
considerate manner. When using a cell phone while operating a vehicle,
employees are expected to dial and use the phone when the vehicle is
stopped, whenever possible. Extend courtesy to others and use in
professional and courteous manner.
City employees who are assigned a take home City-owned phone will
agree to be accessible for city business when necessary and practical
after their regular work hours
City-issued cell phones are the property of the City of Hastings and the
City may revoke the use of employee issued phones at any time for any
reason. Specific considerations in revoking the use of an employee
issued cellular phone include, but are not limited to, violation of city policy,
misuse of the phone, careless treatment and/or damage to the phone,
. use is no longer job related, and separation from employment.
Any employee failing to return a phone at the request of the City shall be
subject to disciplinary action and monetary penalties including but not
limited to being charged the cost of the original purchase price of the
phone and continued billing expenses from the date of notice until return.
Approyed by the City Council of the City of Hastings, this 6th day of June, 2005.
Attest:
Michael D. Werner, Mayor
Melanie Mesko Lee
City Clerk/Asst. Administrator
VI-18
MEMO
----
TO:
FROM:
RE:
DATE:
Honorable Mayor and City Council members
Charlene A. Stark, Interim Finance Director
2005 Budget adjustment
May 23, 2005
The City Council is asked to authorize the following budgeted 2005 budget adjustment:
$6,114.59 I ncrease charges for service for the warming house attendants
and seasonal salaries expense item. The parks dept and
community education split the cost of the salaries ofthe warming
attendants this year. The community education share is
$6,114.59. The city picked up the whole cost and this is the offset
for that expense. 200-401-4152-5485, 200-401-4152-6103.
$1,600.00 Increase the computers expense line for the engineering
department 101-300-3100-6571 and decrease the expert and
consultant line 101-300-3100-6311 for the same amount. The
engineering department needs to update some software and to
obtain some technical support on the software. Then engineering
department feels they won't go over budget in the expert
consultant line by transferring this amount to the computer
expense line.
$ 770.00 Increase the computer expense line 101-150-1501-6571 for the
planning department and decrease 101-150-1501-6398 sign
notices ($300) and 101-150-1501-6334 general notices ($470)
expense lines. The planning department needs to update some
software and to obtain some technical support on the software.
This is the same software as the engineering departments
req uest.
$2,000.00 The police department received a grant for 2,000 for compliance
checks at the end of the year. The department had a
demonstration at the high school this year and the expenses
incurred are to be funded by this grant. The department requests
to increase the miscellaneous line item 101-201-2022-6450 to
cover the costs.
$5,000.00 The fire department received a donation in 2004 to buy some
protective clothing. A budget adjustment was made in 2004, but
due to the timing of the donation the purchase took place in 2005.
The department requests to adjust the clothing expense line item
in 2005 for the purchase. 213-210-2100-6218.
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Phone 651-480-6175 Fax 651-437-5396
www.ci.hastings.mn.us
5-26-05
To: Mayor and City Council
From: Darbie A.D. Johnson
RE: ERF Hastings Family Aquatic Center
Cc: Char Stark
Barry Bernstein
As the opening procedures began for the HF AC, we encountered a small electrical fIre on our main
recirculation pump switch. Without this pump, our entire circulation system does not work, including
slides and water features. I am requesting ERF use of$830.80 to pay for the repairs completed by Colt
Electric. Currently HF AC ERF has $2630.00 available.
If you have any questions, please contact me at 651-480-6179.
FROM
FA>< I'U
8821218882121888
Ma~. 26 28215 84:46PM P2
VI-19
DIIDFLB/&
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KINEMA TICS, LTD.
OVERFLOWING IN POOL TECHNOLOGY
140 Commodore Circle, Port Jefferson Station, New York 11776 . (631) 928-8420 . Fax: (631) 928-8443
_. - -
-_.-
SCOPE SHEET
-
FILE NUMBER: KL-9885
MR. BARRY BERNSTEIN
CITY OF HASTINGS PARKS & REC. DEPT.
920 W. 19th Street Hastings, MN 55033
651/480-6176 Phone
651/437-5396 Fax
DATE~ May 25,2005
PROJECT: HASTINGS COPING RENOVATION
SPECIFICATION: 04435 RIMFLOW Coping
PRICE $
PAYMENT TERMS
DELIVERY
$ 103850.00
MATERIALS & LABOR ONLY
PRICE DOES NOT INCLUDE
SALES TAX IF APPLICABLE
Partial payment pro-rata in accordance with delivery schedule.
All balances du-a on material net 30 days. NO mtention on materials.
4% security deposit can be held until completion of installation,
acceptance by Owner. 25% deposit required before insatllation.
Approximately 11 weeks
from receipt of valid P. O. All
material delivered F.O.B,
jobsite.
SERVICES:
Provide approximately ~ RIM FLOW Coping Units to cover up to 650 lineal feet of pool perimeter, Pieces to be
itemized in shop drawings. Units are wrapped and pa,lIetized. Fork lift & crew provided for unloading at jobsite, if needed..
Mortar/Grout for installation of ~oping based on trench walls readied 0 4 1/2" inches from finished water elevation only.
Additional amounts of mortar for corrective work to eXisting walls by others. District should provide an allowance of$10 000.00
additional to insure funds available should removal of existing coping reveal poor trench wall conditions. Money mayor may no
be necessary. Includes caulk finish around coping and at new deck jOint.
!Allow approximately 330 man hours for a 3 man crew for installation of R[MFLOW by our trained, experienced personnel.
Saw cutting of 1" x 740 lineal feet of pool deck and pool entry to accomodate longer coping and zero-depth unit..
Scaffolding at deep end of pool to allow proper installation in that area.
EXCLUSIONS:
Removal and disposal of existing 'coping
Replacement of any damaged lane anchors
Repair of uneven, damaged trench walls (see above)
BY:
KINEMATICS. LTD.
b;tf~
Ira Paul Castell
Ch ief Operating Officer
fROM:
FR>< 1"-10. : 000000000000
Ma~. 25 2005 04:45PM Pi
OVERFLOWING IN POOL TECHNOLOGY
IIIIDFLII/&
--~ ~
~
K/NEMA TICS, LTD.
140 Commodore Circle, Port Jefferson Station, New York 11776 . (631) 928-8420 . Fax: (6~1) 928-8443
No. of pages incf. this cover sheet ~.
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Fax Transmission
Fax #:(631) 928-8443
Ira Paul Costell
Kinematics, Ltd.
(631) 928-8420
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KINEMATICS, LTD.
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/ I" A_ 1./ I Chief Operating Officer
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VI-20
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 06- -05
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE CANINE PROGRAM
---
WHEREAS, Edward & Louise McMenomy have presented to the
Hastings Police Department a donation of $ 25.00 and have designated that this
donation be used for the Hastings Police Canine Program and
WHEREAS, the City Council is appreciative of the donation and
commends Edward & Louise McMenomy for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for the Hastings Policee
Department Canine Program
3. That the 2005 Police Canine program Budget be adjusted accordingly.
Adopted this 6th day of June, 2005
Michael Werner, Mayor
Attest:
Melanie Mesko Lee, Assistant City Administrator/City Clerk
VI-21
--To:
From:
Date:
Re:
Mayor Werner and City Councilmembers
Melanie Mesko Lee, Assistant City Administrator
June 1, 2005
Liquor License Amendment and Dance License Request for July 15
and 16, 2005 for Papa Charrito's
Reauested Action
A motion to approve the attached resolution approving a request to amend the liquor
license of Papa Charrito's and issue a dance permit for both July 15 and July 16, 2005
contingent upon all requirements being met.
Backaround
In April, the City Council approved a request by Papa Charrito's for a dance permit and
amendment to their liquor license for July 16, 2005. Papa's has now made a revised
request for the same dance permit and amendment to apply to July 15, 2005, for a total
of two days.
Attached is a request from Philip Biermaier, President of Papa Charrito's, for another
amendment to Papa Charritos' liquor licenses and a dance permit for both Friday July
15 and and Saturday, July 16, 2005 during Rivertown Days. The amendment is to allow
the sale of liquor in a temporary site (in this case a tent), on the same property adjacent
to the permanent structure.
The tent is also the location of the dance, and no alcohol will be allowed outside of
either the permanent or temporary site. Mr. Biermaier has provided a drawing of the
site as well as Proof of Insurance from his insurance agent for the temporary liquor
sales. Mr. Biermaier will work with both the Fire and Police Departments for final
approval of safety issues. Mr. Biermaier still needs to remit the $5.00 City fee for this
request.
Should this request be approved, the request will be part of the Papa Charrito's liquor
license file and notification will be sent to the State Liquor Control Board.
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
_u
RESOLUTION NO. 04- -05
RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT AND
DANCE LICENSE FOR PAPA CHARRITO'S
WHEREAS, Mr. Phillip Biermaier has presented application to the City of
Hastings to amend the liquor license and authorize a dance license at Papa Charrito's
on July 162005, and
WHEREAS, a written request has been submitted; and
WHEREAS, Mr. Biermaier has presented the City with a site plan as well as
Proof of Insurance of the temporary liquor sales and will work with the City's Fire and
Police Departments for final approval
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hastings that the Mayor and Administrative Assistant/City Clerk are authorized and
directed to sign this resolution amending the liquor license and issuing a dance permit
at Papa Charrito's on July 16, 2005, contingent upon all requirements being met.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 4th
DAY OF APRIL, 2005.
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
Melanie Mesko Lee, City Clerk
(SEAL)
VI-22
Memorandum I
To:
From:
Date:
Re:
Mayor Werner and City Councilmembers
Melanie Mesko Lee, Assistant City Administrator/City Clerk
June 1, 2005
Application for Gambling Premises Permit-Hastings Downtown
Association at Creative Hearts, located at 112 East 2nd Street
---
Recommended City Council Action:
Approve the attached Resolution, waiving the 30-day waiting period for the Hastings
Downtown Association and authorizing the Hastings Downtown Association to conduct a
raffle on September 17,2005 at Creative Hearts, 112 East 2nd Street.
Backaround:
Application has been received from the Hastings Downtown Association to conduct a raffle
for their organization on September 17, 2005 at Creative Hearts, 112 East 2nd Street in
Hastings. If Council should approve this application, the attached resolution will be sent to
the Minnesota Lawful Gambling Board showing the City's approval to allow the raffle and
also to waive the 30-day waiting period.
The Gambling Control Board allows up to 5 licenses of this type to be issued to a nonprofit
organization per year. The Council last approved a license for the Downtown Business
Association in August 2000, June 2001, May 2002, June 2003 and June 2004.
Should you have any concerns or questions, please do not hesitate to contact me.
CITY OF HASTINGS
RESOLUTION NO. 06-_ -05
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL OF THE
CITY OF HASTINGS, MINNESOTA
HELD: JUNE 6, 2005
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 6th of June, 2005 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 06-
_-05, waiving the 30-day waiting period for the Hastings Downtown Association, and authorizing
the Hastings Downtown Association to conduct a raffle on September 17, 2005 at Creative Hearts,
112 East 2nd Street.
The following Councilmembers were present:
And the following Councilmembers were absent:
Councilmember
its adoption:
introduced the following resolution and moved
RESOLUTION NO. 06-_-05
WAIVING THE 30 DAY WAITING PERIOD FOR THE HASTINGS DOWNTOWN
ASSOCIATION TO CONDUCT A RAFFLE
WHEREAS, the Hastings Downtown Association has presented an application to the City of
Hastings to conduct a raffle September 17, 2005 at Creative Hearts, 112 East 2nd Street; and
WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed to
waive the 30-day waiting period; and
WHEREAS, the application for Exemption from lawful Gambling license has been presented;
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Hastings thatthe
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 30-day waiver and the
approval of this application for an Exemption from Lawful Gambling License.
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, Assistant City Adrrinistrator/City Clerk
(SEAL)
VI-23
Memorandum
To:
From:
Re:
Date:
Mayor Werner & City Councilmembers
Melanie Mesko Lee, Assistant City Administrator
2005 Fire Union Contract
June 1 2005
-- - Council Action Reauested:
Approve the 2005 Fire Union Labor Contract.
Backaround Information:
Following negotiations, staff recommends approval of the 2005 Fire Union Labor
Contract. The items being proposed for approval are consistent with what other
employee groups already have in contract andlor non-union personnel policy format.
The items are:
. Personal Leave-adding the words grandchild, and defining that "step" family
members are also considered members of the immediate family.
. Severance Pay-amending the maximum sick leave payout to be consistent with
other employee groups are entitled to.
. Wages-2% increase on June 1 and 1 % increase on July 1 to both hourly wages and
ambulance pay.
These items have been voted upon by the Fire Union for approval.
-- -.-
VI-24
~:.;AIA Document G701'" - 2001
Change Order
OWNER: ~
ARCHITECT: ~
CONTRACTOR: ~
FIELD: 0
OTHER: 0
-
PROJECT (Name and addre.v.v):
Inrerior Finishes at the William G LeDuc
House Historic Sire
1629 Vermillion Street
Hastings, Minnesota 55033-3139
TO CONTRACTOR (Name and address):
Swanson & Youngdale.lnc.
656S West 23rd Street
Minneapolis, MN 55426-0070
CHANGE ORDER NUMBER: 001
DATE: May 20, 2005
ARCHITECT'S PROJECT NUMBER: 2503 __
CONTRACT DATE: AfR..-IL. 'LC:C:>::::>
CONTRACT FOR: General ConstrUction
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable. any undisputed amount attributable to previously executed Construction Change Directives)
Add painting the second floor bathroom flooring to the Contract
$
$
$
$
$
31,100.00
0.00
31,100.00
250.00
31,350.00
The original Contract Sum was
The net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
The Contract Sum will be increased by this Change Order in the amount of
The new Contract Sum including this Change Order will be
The Contract Tune will be increased by Zero ( 0 ) days.
The date of Substantial Completion as of the dare of this Change Order therefore is
NOTE: This Change Order does not include changes in the Contract Sum, Contract Tune or Guaranteed Maximum Price which
have been authorized by ConstIUCtion Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the ConstrUction Change Directive.
NOT VALID UNTR. SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
Swanson & Youngdale, lIfe.
CONTRACTOR (Firm name)
6565 West 23rd Street, Minneapolis, MN
5S42~70
DDRESS
City of Hastings
OWNER (Firm name)
101 4th Street East, Hastings, Minnesota
55033-1955
ADDRESS
BY (Signature)
BY (Signature)
Stuart MacDonald
(Typed name)
~ 0...005
DATE
(Typed name)
2..~
DATE
DATE
AlA Document 0701TM _ 2001. Copyright C 1979,1987,2000 ancI2001 by The American Institute of Arohitects. All rights reserved. WARNING: This
AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or 1
any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. this
document was produced by AlA software at 1 5:19:28 on 05l2Ol2OO5 under Order No.1ooo174765_1 which expires on 04I11!J2OO6. and is ~ f9r resale.
User Nates: (57492002)
VI-25
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 06- -05
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DARE PROGRAM
--
WHEREAS, KDWA Radio station have presented to the Hastings Police
Department DARE Program a donation of $100.00 and have designated that this
donation be used for the Hasting Police Department DARE Program; and
WHEREAS, the City Council is appreciative of the donation and
commends KDWA Radio for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for The Hastings Police DARE
Program and
3. That the 2005 Police Department DARE Budget be adjusted
accordingly.
Adopted this 6th day of June, 2005
Michael Werner, Mayor
Attest:
t
Melanie Mesko Lee, Assistant City Administrator/City Clerk
VIII-B-1
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
June 6, 2005
Subject:
Resolution -Variance #2005-34 - Mississippi River Bluff Setback -1996
Nininger Road - John Fasbender
REQUEST
John Fasbender seeks the following approval to construct a 30' x 32' detached garage at
1996 Nininger Road:
1) Variance to Minnesota Executive Order 79-19 - Mississippi River Interim
Development Regulations, Subd. F4.b(3) - 40 foot bluffline setback in the Urban
Diversified District.
RECOMMENDATION
Approval - Planning Commission - The Planning Commission unanimously
recommended approval of the variance at the May 23, 2005 meeting. Commissioners
cited the distance and existence of the Riverdale Subdivision between the home and the
Mississippi River, as well as the need to prevent vehicles backing onto Nininger Road as
reasons for granting the variance.
Denial - City Staff - Staff recommends denial of the variance. The property owner has
not demonstrated an applicable hardship. Alternative options exist to construct a
secondary garage to comply with the bluffline setbacks.
Staff will draft a resolution reflecting the decision of the City Council at a later date.
ATTACHMENTS
. Location Map
. Site Plan
. Site Pictures
. Applicant Hardship Explanation
. Planning Commission Minutes - May 23, 2005
. Application
Fasbender Variance #2005-34 - 1996 Nininger Rd
City Council Memo - June 6, 2005
Page 2
BACKGROUND INFORMATION
-Mississippi River Critical Area - Interim Development Regulations
The property is within the Mississippi River Critical area and designated within the "Urban
Diversified District" under the Mississippi River Critical Area Plan. Any Variance requires
the notification of the Department of Natural Resources.
Comprehensive Plan Classification
The property is guided U-1 - Urban Residence (1-3 units per acre) in the 2020
Comprehensive Plan.
Zoning Classification
The property is zoned R-2 - Medium Density Residence. The existing single family
home and proposed detached garage are permitted uses under the zoning district.
Existing Condition
A bluff\slope in excess of 16 percent exists approximately 20 feet from the rear property
line. The remaining property is relatively flat. The property contains a single family
home and attached two car garage constructed in 1966. A carport located north of the
home would be removed in order to construct the new two car garage.
Adjacent Zoning and Land Use
The following land uses abut the site:
Direction
North
East
South
West
Existina Use
Single Family Home
Single Family Home
Single Family Home
Nininger Road
Single Family Home
Zonina
R-2 - Med Dens
R-1 - Low Dens
R-2 - Med Dens
Comp Plan
U-I-Low Dens
U-II-Med Dens
U-I- Low Dens
R-3 - Med\High Dens
U-II-Med Dens
Variance Criteria
The Interim Development Regulations allow variances to be granted only when the
following findings are made:
(1) The strict enforcement of the setback or height restrictions or lot size, or
line of sight will result in unnecessary hardship. "Hardship" as used in the
consideration of a dimension variance means that the property in question
cannot be put to a reasonable use under the dimension provisions of these
interim development regulations;
(2) There are exceptional circumstances unique to the property that were not
created by a landowner after April 25, 1975;
Fasbender Variance #2005-34 -1996 Nininger Rd
City Council Memo - June 6, 2005
Page 3
--
(3) The dimension variance does not allow any use that is not a compatible
use in the land use district in which the property is located;
(4) The dimension variance will not alter the essential character of the locality
as established by these interim development regulations;
(5) The dimension variance would not be contrary to the intent of the order.
DNR Review
The proposal has been sent to the Minnesota DNR for review. The City has not received
official comments at this time; but DNR staff has indicated their reluctance to support the
variance.
ANAL YSIS
. The property contains an existing attached two stall garage.
. There is approximately 24 feet between the existing driveway and landscaped
planting area along the northwest property line. The landscaped area contains
shrub plantings and three ornamental\shade trees.
. A typical two stall garage is between 22 - 26 feet in depth. The proposed
garage is 32 feet deep.
. A secondary detached garage could comply with the bluffline setback if
constructed parallel and north of the existing home.
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1. The special conditions and circumstances which exist on the subject property are as follows:
--
A. The property is a double lot size, 200 x 150 feet, and will easily accommodate the
proposed building.
B. The building location as recommended by the planner would require removing a large
amount of landscaping and trees currently occupying that space. This places an
unnecessary financial burden on the homeowner, versus placing the building as
requested, as well as removing the visual barrier which the landscaping provides
between the property and that of the neighbor directly west of the property. These
plantings will be replaced with a blank building wall facing the neighbor, which is
less desirable for both parties.
C. Although the applicant has now been informed that a forty-foot bluff setback is
currently required as a buffer zone for the undeveloped area directly north of the
property, it appears to be a totally redundant and unnecessary requirement as, if the
buffer was intended to protect the river frontage view, the Eagle Bluff addition now
occupies that space, and river view.
D. The building placement as requested by the homeowner, and shown on the submitted
drawing, will provide access to it without backing into the property from County Rd. 42
with boats and/or equipment, as would be the situation if the building were located as
suggested by planning. The angle at which the building would be approached would
make access to it extremely difficult unless a new, wider street access was provided.
2. Literal interpretation of the City Code will indeed deprive the applicant of the common rights
enjoyed by adjacent property owners, as some already have structures existing beyond the
forty-foot bluff setback.
3. The above-mentioned conditions and circumstances have not resulted from any action by the
applicant
4. The requested variance is for the removal of the forty-foot bluff setback requirement which
the applicant strongly feels is no longer a viable demand, in that the housing development
north of the property now benefits from the river view, not the homeowners in the earlier
Liddle Riverdale addition. For this reason alone, the applicant gains no privilege over any
of the adjacent homeowners in the Liddle addition as to the use of their property and Zoning
Ordinance requirements.
3. John Fasbender - Variance #2005-34 - Mississippi River Bluff Setback -1996
Nininger Road.
Director Hinzman presented background information on the request.
Chairman Greil opened the public hearing at 7:06 pm.
-- Dick Fuchs, architect, asked to speak on behalf of the applicant. He stated that
relocating and reducing the size of the garage as suggested by Staff would result
in an unnecessary hardship for the applicant. Mr. Fuchs argued that the
applicant would not be able to fit his boat and trailer in a smaller garage and that
the location proposed by Staff was untenable.
David Fasbender, 9631 127th St. E, Nininger Township, father of the applicant,
commented that the land had belonged to the family for many years and that the
owner should be able to make full use of the land. He commented that the
location of the garage proposed by the owner would not infringe on the
neighbor's land, nor would the new garage be more visible from the riverfront
than the existing structure. He also stated that the location proposed by Staff
would be a safety concern since it would require the owner to back vehicles onto
Nininger Road rather than turn around in the driveway.
Hearing no further comments, the public hearing was closed at 7:13 pm.
Commissioner Truax stated that he had visited the site and that the neighboring
property had a shed located equally close to the bluff as the proposed garage.
He added that the location proposed by Staff would be problematic because of
the need to remove landscaping and the presence of a natural waterway.
Commissioner Truax suggested approval of the variance due to unnecessary
hardship for the property owner and common sense.
Commissioner Schmitt stated that the housing development between the river
and the bluff lessens the importance of the setback regulation in that particular
area. He added that requiring the owner to change the location and size of the
proposed garage would be an unnecessary hardship.
Commissioner Hollenbeck asked about the purpose of the bluff setback
requirements.
Director Hinzman stated that the setback was intended to protect the views from
the river. He added that this particular case is unique in that a housing
development is located between the bluff and the riverfront.
Mr. Fuchs asked if the DNR is aware of this particular case and if it is flexible
about the setback regulation.
Director Hinzman stated that the DNR is aware of the requested variance and
that he doubts the DNR would be able to amend the setback regulation.
Commissioner McInnis asked if the DNR had issued a formal response to the
requested variance and if the DNR would be reluctant to approve the variance.
Director Hinzman stated that he had not received a written response from the
DNR, but he anticipated the DNR would be reluctant to approve' the variance
based on the availability of alternate locations for the garage.
Commissioner Twedt stated that he supports approval of the variance for two
reasons, 1) the development between the bluff and the river creates a unique
-- situation, and 2) safety concerns about backing vehicles onto Nininger Road if
the variance is not granted.
Planning Commission Action:
Commissioner Truax moved and Commissioner Schmitt seconded the motion
to recommend approval of the variance for 1996 Nininger Road to the City
Council based on the following findings of fact:
Findings of Fact:
A) The presence of a subdivision between the bluff and the riverfront
creates a unique situation in which enforcement of the setback
regulation produces an unnecessary hardship for the owners.
B) The traffic flow on Nininger Road creates a safety hazard that
necessitates locating the garage in a place that allows the applicant to
turn vehicles around in the driveway.
C) There are exceptional circumstances unique to the property that were
not created by a landowner after April 25, 1975. The family of the
applicant has owned the land since before 1975.
Upon vote taken: Ayes: 7, Nays: O. Motion passed.
#cP7S-'5<-j
DNR WATER
Fax:651-296-0445
Jun 6 '05 16 :46
P. 01/03
Minnesota Departn1ent of Natural Resources
soo Lafayette Road
Sr. Paul, Minm;sola 55155-40:3'2-
Phone: (651) 297.2401; fax 296-0445
E-mail: ssndy.fechr@dnr.stJItc.nm.us
June 6, 2005 ·
City of Hastings City Council
clo John Hiniman
101 E. 4th 81.:
Hastings, MN 55033
Dear Members:
Re: John Fasbender, 1996 Nininger Road
Miss~ssippi River Critical Area Overlay District
Thank you for the notification of the proposed variance application by John. Fasbender, 1996 Nininger
Road for a variance from the bluffline setback. We submit the following comm~ts for consideration it}
aU decision-l1'i1a.king and submission for the fonnal hearing record.
The proposed site is within the state-designated Mississippi River Critical Area Corridor and the federal
Mississippi National River and Recreation Area (MNRRA). . The purposes of designating the Mississippi
River and its Corridor as a state Critical Area include protecting and preserving a unique and valuable
state and regional resource for the benefit of the citizens for the state, region, and nation; preventing and
mitigating irreversible damage; preserving and enhancing its natural,aesthetic, cultural, and historical
value for public use; protecting and preserving the river as an essential element in the national,. state and
regional transportation, sewer and water and recreational systems; and protecting and preserving the
biological and ecological functions of the Corridor. The Critical Area within this area is claSsified as
Urban Diversified District. Lands and waters within the Urban Diversified District shall be used and
developed to .maintain the present diversity of uses; to protect historical sites and areas, natural scenic
and enviromnentalresources; and to expand public access to and enjoyme:ntofthl!; river. .
In the case o~ Hastings, although a Critical Area Plan within the Comprehensive Plan has been approved
by DNR and adopted, no regulations have yet been adopted to comply with the minimum standards and
guidelines fQr the Critical Area. Under this situation, local units of. government shal1 grant a
development. penn it only if the development IS specifically pennitted by the Interim Development
Regul ati OilS (IDR) of Executive Order 79-19.
Critical Area. requires: Blufflinemeans a line delineating the top of a slope cOIUlecting the points at
which the slope becomes less than 18%. More than one bluffline may be en.countered proceeding
landward from the water.
Variances may only be granted by the City when in conformance with the hardship prerequisites of MN
Statutes, Section 462.3 57 and those of the Critical Area Interim Development Regulations 1. 3.
For the Interim Development Regulations I 3., a dimension variance may be granted only when the
following_findings arc made following an administrative hearing:
DNR Inrol1nation: 651-296.6157 . ] -888-646-6367 . TTY: 65l-296-54g4 . ]-800-657.3929
An E:qllal O\)pl)!1\1l1ity employer
ft Printtd on Recycled l'npe:f Containing (I
~., Minil11um of I 0% l'O,I.-C(\I',lI111~r W'lSLt:
DNR WATER
Fax:651-296-0445
Jun 6 '05
16:46
P.02/03
RE: Fasbender. Critical Area Overlay District
Page 2 on
(1) The strict cnfdrcement of the height restrictions or line of sight wi1l result in unnecessary
hardship. "Hardship" as used in the conside.ratiOli of a dimension variance means that the property in question
cannot be put to a reasonable use under the dimension provisions of these interim development regulations;
(2) There are exceptional circumstances unique to the property that were not created by a landowner
after April 25, 1975;
(3) The dimension variance does not allow any use that is not a compatible use in the land use
district in which the property is located;
(4) The dimension variance will not alter the essential character of the locality as established by
these interim development regulations;
,
(5) The dimension variance would not be contrary to the intent of the order.
Members acting as a Board of Adjustment on variance decisions should solicit testimony on all of the following
variance prerequisites from Minnesota Statutes. We ask the Board to consider the listed statutory prerequisites
and posed questions: (shown in italics) regarding the Critical Area River Conidoe in their final decision.
According to the courts, the applicant has a heavy burde.n of proof to show that a.U of the prerequisites have been
met. The Board of Appeals and Adjustments has the following statutory powers with respect to variances and the
zoning ordinance from MN Statutes, section 394.27, subd. 7:. .
1) V arimlcesshall only be granted when iUs demonS1rated that such ~"tions will be in keeping with the
spirit and inteIlt of the ordinance.
Does this proposal protect rhe Mississippi River and its Corridor? Does the proposal protect bluffs
greater than J 8%. andensllre bluift remain in their natural state? Does the proposal comply with on-
site sewage disposal'laws? Does the proposal/imit the density of development outside the Metropolitan
Urban Service Area? Does the proposal prevent and mitigate irreversible damage to this resource? Are
the scenic and naMal characteristics and ecological ftmcrio1u preserved? Is existing vegetation
retained for both rhe residential struchtre and sewage treaimentsystem?
2) Strict enforcement would cause undue hardship because of circumstances unique to the individual
property .
What unique. circumstances of the property and the land itself compel the lleed for structures of this
height?
3) Undue hardsi1ip means the property in question cannot be put to a reasonable use if used under
conditions allowed by the oftxcial controls.
Does the landowner have reasonable use of the propertyif' developed in compliance with bluffline
setbacks? Is there an existing garage already providing reasonable use?
4) Undue hardship moans the plight of the landowner is due tocircwnstances unique to the property not
created by the landowner. .
DNR IJ.iATER
Fax:651-296-0445
Jun 6 '05 16:47
P.03/03
FE: Fasbender - Critical Area Overlay District
Pagd of 3
Court cases hcrve shown that problems peculiar to the pre.,<;ent owners or their individual or economic
desires do not satiSfy the prerequisite because they don't relate to the property itself Whal is zmique
about the actual land of the individual property? If the problem is common 10 a nwnber of properties in
the area or along the river, such CJss/opes greater than 18% or bluiflines, then if is not unique to the
subject property. Is this the only property in the vicinity with blujflilles ?What is zmique about the actual
land of the individual property that compels noncompliance? Another factor to consider is whether
the landQwner had access to knowledge and information ahout ordinance requirements?
5) Undue hardship means the variance, if granted, will not .alter the essential character of the locality.
Is the essential character of the Mississippi River Corridor detrimen1ally altered without bluff
protection?
6)
Economic considerations alone shall not constitute an undue hardship if a reasonab.le use of the property
, .
exists under the terms of the ordinance.
Does the owner have reasonable u..<;e afthe properTy, including garage use, currenTly?
7) No variance shall be granted that would permit any uSe that is prohibited in this ordinance.
8) Undue hardship also includes, but is not limited to, inadequate access to diIect sunlight for solar energy
systems.
Not all of theprereqwsites for variance approval cannot be met, and hardship has not been proved. Any such
variance proposal is not in hannony with the purposes and intent of the. Executive Order and ordinance to protect
natural, scenic, and environmental resources. Reasonable use of this site can be and is currently being achieved
by complying with the ordinance. Slopes and blufflines are not unique in this vicinity with adjacent lots,
resulting in no proof of hardship: Although aesthetics is one reason for protection of bluffs within the Critical
Area through prohibitions and setbacks, it is not the only reason. The minimum required setbacks stabilize the
structure of the slopes and provide an environmental corridor. Soil erosion and sedimentation are. increased in
scope when lands are disturbed. When facUities are built too close to the edge of a bluff, the natural. vegetated
boundary and water quality ar~ degraded. Diminished. setbacks proposed at even less than required in an existing
urban area threaten the bluffs' long-term viability through humal1~c1ivities, development, and land use changes.
Steep slopes are physical features environmentally critical. to our natural systems and open spaces. The
landowner has created his own 11ardship by the proposed location of the structure.
Thank you for YOUT consideration of these comments to protect and preserve the Mississippi River Critical Area
Corridor. A copy o fall decisions shall be forwarded to us following the action. Please let me know ifyotl have
any additional questions.
Sincerely,
VIII-B-2
Memo
-- -
To:
Mayor Werner and City Council
From:
Kris Jenson, Associate Planner
Date:
June 6, 2005
Subject:
Resolution - LeDuc Historic Estate - #2005-36 variance to allow a sign
to be placed on a fence.
REQUEST
The City of Hastings and Dakota County Historical Society are requesting a variance to
place a sign on the existing fence in front of the LeDuc House. City code currently does not
permit signs to be placed on fences.
RECOMMENDATION
The Planning Commission recommended approval of the variance at their May 23rd
meeting, with the conditions included in the resolution.
Staff is recommending approval of the attached resolution.
ATTACHMENTS
. Application
. Picture of Sign
. Site Location Map
BACKGROUND INFORMATION
Zoning Classification
The subject property is zoned P-I, Public Institution.
Existing Condition
There is currently a sign identifying the site which is located behind the fence. This sign
would be removed prior to the proposed sign being placed on the property. There are
currently no signs on the building. The fence on which the sign is proposed to be placed is
6' tall, and the fence was placed on the site in the late 1960's by the Minnesota Historical
Society. Initially it appeared as though the fence may have been located within the
Vermillion Street right of way, however upon closer examination; it appears that only a
portion of the stone columns may be in the right of way.
Sign Allowances
The P-I district is permitted to have a monument sign not to exceed 5' in height and 50
~uare feet in sign area. The proposed sign is approximately 31 square feet in area.
Heritage Preservation Commission Comments
The HPC reviewed this item at their May 1 ih meeting. They had no issues with the size,
location, etc. Attached is a memo from John Grossman regarding their discussion.
MnDot Review
A letter about the situation was sent to MnDOT, asking for their input. Keith Van Wagner,
the Permit Supervisor for the Metro Area, contacted Staff and said they were not opposed
to the sign's placement on the fence.
Review Criteria
The following criteria have been used as findings of fact in granting variances to zoning
provisions:
A. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
B. The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of
Chapter 10.
C. That the special conditions and circumstances do not result from actions of the
applicant.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by Chapter 10 to other lands, structures, or buildings in the
same district. No non-conforming use of neighboring lands, structures, or buildings
in the same district, and no permitted or nonconforming use of lands, or buildings in
other districts shall be considered grounds for the issuance of a variance.
REVIEW OF THE CONDITIONS
Staff has discussed this issue with other departments in the City. Planning Staff has no
issue with the sign being placed on the fence - it's design and style are such that the sign
will not interfere with pedestrian traffic on the sidewalk. The Parks Department expressed
concern for long term maintenance of the sign based on the heavy use of salt on the
roadway in the winter. They stated that the fence requires regular maintenance due to the
salt spray.
Suggestions have been made to place the sign behind the fence in the front yard area,
however there is real concern as to how effective and visible the sign will be, especially
with the 5' limit on sign height.
HASTINGS CITY COUNCIL
RESOLUTION NO. 06-_ -05
--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A VARIANCE FOR
THE LEDUC HOUSE AT 1629 VERMILLION STREET,
HASTINGS, MINNESOTA
Councilmember
adoption:
introduced the following Resolution and moved its
WHEREAS, Dakota County Historical Society and the City of Hastings have initiated
consideration of a variance for the following legally described property:
All of Lot 24 except the East 117.37' of Lot 24, AUDITORS SUBDIVISION NO.9
Containing 4.36 acres, more or less.
WHEREAS, on May 23rd, 2005, a review of this variance was held before the
Planning Commission of the City of Hastings, and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HASTINGS AS FOLLOWS:
That a variance is approved for the following:
Section 10.08 Subd. 2 (E) to allow a fence to placed on a fence.
Conditions:
1)
2)
Issuance of a sign permit prior to placement of the sign on the fence.
That the existing free-standing sign be removed prior to the proposed sign
being placed.
Findings of Fact:
1. That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same district.
BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the
Dakota County Recorder's Office by the Hastings City Clerk.
Council member moved a second to this resolution, and upon being put to
a vote it was unanimously adopted by all Council members present.
Adopted by the Hastings City Council on June 6, 2005 by the following vote:
Ayes:
~ays:
Absent:
ATTEST:
Michael D. Werner, Mayor
Melanie Mesko Lee, City Clerk
(City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of June,
2005, as disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko Lee, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (KKJ)
101 4th 81. East
Hastings, MN 55033
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Copyright 2005. Dakota County.
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county. and
state offices and other sources, affecting the area shown. and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land Information Department.
Map Date: May 20. 2005
Parcels Updated: 4/1412005 Aerial Photography:
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Page 1 of 1
John Grossman
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From: j.mathison U.mathison@comcast.net]
Sent: Monday, May 09, 2005 1 :23 PM
To: John Grossman
Subject: LeDuc signage
Importance: High
--
Hi, John. Attached is a pdf of the latest sign revision for the front fence at LeDuc. The dimensions are 95' x 47".
Could you pass this along ASAP to the HPC. I've hurt my back and won't be able to stop in until later today to drop
off the paperwork (don't have a fax at home). The sign is just inches from the sidewalk as there isn't much of a
setback. Thanks, Joan
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LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT
101 4th St E, Hastings, MN 55033 - Phone: 651.480.2350 - Fax: 651.437.7082
Address of Property: \ (p z.ct '.J ~ lc..U, AJ - L ~'^- C ts:~\LJT E
Legal Descrip;tion of Property:
--Applicant Name: ;;'N..(. (0. Ht<;'1. SaC
Address:
Phone: ~ 5/ ~ ~,-, 0"'5 S
Fax:
Email:
Description of Request:
Property Owner: Crt'! Or (-/A~-rlfJG5
Address:
Phone:
Fax:
Email:
"
If requesting site plan review of multi-family units (three or more attached), are the units
intended to be for sale or rental units?
Check Applicable Line(s)
Rezone $500
Final Plat $600-
$ Variance $250
Vacation $400
House Move $500
Prelim Plat $500 + escrow
Site Plan $500 + escrow
Please Note! All Fees and Escrows are due at time of application.
Minor Subdivision $500
Special Use Permit $500
Comp Plan Amend. $500
Lot Split/Lot Line Adj. $50
Annexation $500 plus legal expenses
EA W $500 plus $1,000 escrow
Please see reverse side for escrow amounts required.
Total Amount Due: $ NIT-
Make Checks payable to City of Hastings.
that all copies of required documents are attached. See reverse side of this
information.
Applicant Name and Title - Please Print
OFFICIAL USE ONLY
File #
Fee Paid:
Ree'd By:
Receipt #
..
Owner Signature
Date
Owner Name - Please Print
03/28/05
Date Ree/d:
App. Complete
LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT
1014th St E, Hastings, NIN 55033 - Phone: 651.480.2350 - Fax: 651.437.7082
Supplemental Information
Escrow.Requirements.
_ Esgow fees are in addition to application fees to cover additional Staff time and consultant
_._.rev~ws. Additional amounts may be required if the project requires extensive review. Unused
escrow funds are refunded back to the applicant upon completion of the project or when a
cons1:r1+ction escrow is established.
Preliminary Plat:
Under 10 Acres
10 Acres and Over
$3,500
$6,500
Site Plan Review - Residential
8 units and under
9 - 40 units
41 units and greater
$2,000
$3,250
$4,500
Site Plan Review - Commercia1fIndustrial
o - 5,000 s.f. bldg $2,000
5,001 - 10,000 s.f. bldg $3,000
10,001 - 50,000 s.f. bldg $3,750
50,001 s.f. + bldg $4,500
Required Submittals: .
For Site Plan and Plats:
Five (5) full size copies and 10 reduced size (no larger than 11 x 17 size) copies. Please
also consult the Site Plan Checklist for further details on information required.
For other requests: (if applicable)
10 reduced size (no larger than 11 x 17 size) copies.
If you are unsure as to what you need to submit, please consult with the Planning Department.
"'
VIII-B-3
Memo
To:
Mayor Werner and City Council
From:
Kris Jenson, Associate Planner
Date:
June 6,2005
Subject:
Resolution - Dakota County - Site Plan Review #2005-31 - Addition to
the Law Enforcement Center at 1590 Highway 55.
REQUEST
Dakota County seeks site plan approval to construct a 26,585 square foot addition to the
Law Enforcement Center at the Government Center campus. The addition would be
located between the existing Law Enforcement Center and the Juvenile Services Building.
RECOMMENDATION
The Planning Commission reviewed this item at their May 23rd meeting. There was no
discussion or questions and the Commission unanimously recommended approval ofthe
site plan.
Staff recommends approval of the attached resolution.
ATTACHMENTS
. Location Map
. Site and Building Plans
. Architectural Elevations
. Parking Calculations
. Application
BACKGROUND INFORMATION
Comprehensive Plan Classification
The 2020 Comprehensive Plan designates the property as P, Public. The proposed use is
consistent with the plan.
Zoning Classification
The subject property is zoned P-I, Public Institution. Government Buildings when used for
office or jail uses are permitted in the P-I District.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction
North
Existina Use
4tn St W
Ponding Basin
Dakota Cty LEC
Parking Lot
North Frontage Rd
Juvenile Services Bldg
Zonina
Comp Plan
East
South
R-3 - Med High Dens Res P- Public
P-I- Public Institution P- Public
P-I- Public Institution P- Public
West
P-I - Public Institution
P- Public
Existing Condition
The site is currently a parking lot primarily reserved for law enforcement officials.
Proposed use of Addition
The main floor of the building is 22,795 square feet. There is a small 2nd story that houses
mechanical systems, and that area is 3,790 square feet. This addition will serve as an area
in which to process prisoners as they are brought to or released from the Dakota County
Jail. Currently, when prisoners are brought to the jail for intake, officers have to escort them
to the basement via elevators, which can make for unsafe conditions. This addition will
allow the officers to drive into the building and park, and from there escort the prisoner to
the intake area. About a third of the building will be used to process prisoners that are
being released from jail facilities. Laundry facilities would also be moved up to the main
floor area from the basement, and the kitchen would be expanded into the vacated laundry
area.
Master Site Plan
The County has developed a Master Site Plan for the law enforcement/juvenile services
portion of the campus to guide future additions to the site. This is not something that has
been reviewed by the city, nor is it required to be.
SITE PLAN REVIEW
Zoning Setbacks
Zoning Setbacks are acceptable. Setbacks in the P-I District are not specified. Proposed
puilding setbacks are similar to neighboring buildings within the campus. The following
setbacks are proposed:
Direction
North
East
West
South
Setback
230'+
10'
0- attached to the building.
48' to drive aisle
Access and Circulation
Public Access to the site would remain unchanged. Access to the addition for law
enforcement officials will be gained off of 4th St W. There is currently a driveway access for
the juvenile services building. A drive will split off from this access and head up the hill to
the parking lot and access the north side of building. This access point will be controlled
and limited to law enforcement officials only.
The building includes a 'sallyport' which means that officers drive-thru the building to drop
off prisoners being transported to the County for processing. Vehicles will exit the building
on the south side, coming out onto the existing access road.
Staff feels access and circulation are acceptable.
Parking
Ken Harrington, Manager of Capital Planning and Project Management for the County has
provided detailed parking information. Included with this memo are parking counts taken on
two separate days in mid-April, as well as a breakdown of the existing County facilities on
site. The County's campus currently has 1015 parking spaces of all types. The addition of
this building will result in a net loss of 56 parking spaces.
The County Buildings have a number of areas that do not generate a need for parking
spaces, such as storage rooms, copy centers and lobbies. The size of these various areas
has been provided to allow for a more accurate picture regarding the parking needs on site.
The Parking Spaces Required column is based on the City's 1 space per 300 square feet
of area requirement of the net square feet. Please see the attached Parking Analysis for
more detailed information.
The parking counts were taken on a Monday and Tuesday in mid-April. As noted on the
sheets, these counts were done on Jury selection days, as well as a County Board meting
day, when parking lot usage is at its heaviest. Taken at 4 times thru the morning and early
afternoon, the parking counts indicate that the site still had about one-third of it's spaces
vacant.
According to Mr. Harrington, this addition will result in very little additional demand for
parking. The new facility will be able to accommodate up to four additional employees per
shift, so the net gain in needed parking spaces is eight. These employees work 12 hour
shifts starting or ending at 6 am/pm. It should also be noted that the existing secure facility
is 75,000 square feet, yet only generates the need for 20 parking spaces, based on the
peak number of employees. Were the City to apply it's parking ratio for this area, it would
require 250 parking spaces. City Staff feels it is unreasonable to require the 250 parking
spaces for an area that is occupied by prisoners.
Typical administrative employee work hours are 8 am to 4:30 pm. The jail has visiting
hours in the evenings and on weekends, so any traffic from these visitors have minimal
conflicts with county employees or their customers.
The existing parking lot to the north of the proposed addition will have an additional row of
parking (15 spaces) added to make up for some of the lost spaces. An additional 8 spaces
are available within the building's sallyport to accommodate officers dropping off prisoners.
Parking Lot Setback
The parking lot setback meets the minimum 10 foot requirement along the perimeterofthe
property.
Pedestrian Access
Pedestrian access is unaffected by the addition of the building.
Architectural Elevations
The addition uses the same materials as used on other buildings on the site. The north
side of the building makes use of precast concrete panels, but this area is slated for
expansion at some point in the future. The concrete panels will be colored so as to match
the color of the brick on the site. Colored elevations will be available at the meeting.
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.
Trash and Recycling Enclosure
Trash and recycling is already incorporated for this site.
Landscape Plan
The Landscape Plan provides for replacement of several trees removed as a part of the
construction process. Eight trees adjacent to the proposed building are being removed.
There are no plans to replant the eight trees removed close to the buildings location;
however there is other landscaping in that area that will remain.
A small rain garden is being added to catch overflow runoff of the parking lot north of the
addition. The rain garden will include a variety of species including Chokeberry, Dogwood,
Asters, Lobelia, and Phlox.
Lighting Plan
A photometric lighting plan has been submitted. While the plan doesn't extend to the
property line adjacent to 4th St w, it appears the proposed foot-candle illumination is
acceptable.
Signage
No signage is proposed with this plan. Any signage would require a separate permit from
the Hastings Planning Department.
Fencing and Walls
There are two retaining walls, each less than 4' in height, on either side of the new access
drive on the north side of the facility. Enclosed is a picture of the materials that are
proposed to be used. This particular product makes use of three different stone sizes to
allow for a more random look. Staff feels this material is acceptable for the site.
Grading and Utility Plans
Preliminary Grading and Utility Plans have been submitted for cursory review and the City's
Consultant Engineer is reviewing the plans. The applicant must obtain formal approval of
the Grading and Utility Plans by the Public Works Director as a condition for approval.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
SITE APPROVAL TO CONSTRUCT A 26,585 SQUARE FOOT ADDITION TO THE
LAW ENFORCEMENT CENTER AT DAKOTA COUNTY GOVERNMENT CENTER AT
1590 HIGHWAY 55, HASTINGS, MINNESOTA
Council member
introduced the following Resolution
and
moved its adoption:
WHEREAS, KKE Architects, on behalf of Dakota County has petitioned for Site Plan
Approval to construct a 26,585 square foot addition to the Law Enforcement Center on
land legally described as follows:
The Southeast Quarter of the Northwest Quarter of Section 29, Township 115,
Range 17, except Parcel 258F on MNDOT R1W Plat 19-88.
All located within Dakota County, Minnesota.
WHEREAS, on May 23, 2005, review was conducted before the Planning
Commission of the City of Hastings, as required by state law, city charter and city
ordinance; and
WHEREAS the Planning Commission recommended approval of the request to the
City Council subject to the conditions contained herein; and
WHEREAS The City Council has reviewed the request and concurs with the
recommendation of the Planning Commission.
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 as presented to the City Council
subject to the following conditions:
1) 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.
2) An escrow account must be established to ensure completion of outstanding site
improvements, including landscaping prior to certificate of occupancy.
3) All parking and drive aisle areas shall be constructed to City standards including
bituminous surfacing and concrete curb and gutter.
4) All disturbed areas on this property shall be stabilized with rooting vegetative cover
to eliminate erosion problems.
5) The disturbed areas of the site shall be maintained to the requirements ofthe City's
property maintenance ordinance.
6) 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.
7) Lighting must incorporate cut-off shields and be directed onto parking lot areas.
8) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior
to issuance of certificate of occupancy.
9) Approval is subject to a one year Sunset Clause; if significant progress is not made
towards construction of the proposal within one year of City Council approval, the
approval is null and void.
Council member
put to a vote adopted by
moved a second to this resolution and upon being
present.
Ayes: _
Nays:
Absent:
ATTEST:
Michael D. Werner, Mayor
Melanie Mesko Lee, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of June,
2005, as disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko Lee, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JWH)
101 4th St. East
Hastings, MN 55033
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Dakota Government Center
Parking Analysis
Parking Spaces
Building Sq. Ft. Required
Judicial Center
Original 97,000
Addition 86,000
Potential Reductions *
Storage Rooms 7,635
Copy Center 1,980
Maintenance Shop 510
Computer Room 5,750
Cafeteria 3,390
Kitchen 1,110
Garage 640
Law Library 2,370
Lobby 9,055
Mechanical 7,765
Net Sq. Ft. 142,795 476
Administration Center
Original 68,000
Addition 36,000
Potential Reductions *
Storage Room 3,200
Breakroom 775
Lobby 5,675
Board Room 2,565
Generator 1,020
Security Corridor 1,450
Mechanical 3,140
Net Sq. Ft. 86,175 287
Law Enforcement Center
Secure 75,000 20
Non-Secure 26,000
Potential Reductions *
Evidence I Garage 1,295
Secure Courtroom 750
Lab 180
Locker Rooms 1,120
Storage 5,410
Training Room 480
Vestibule 215
Lobby 1,440
Net Sq. Ft. 15,110 50
Juvenile Center
Secure 14
Education 8
Office 2,000 7
TOTAL NUMBER OF PARKING SPACES 862
* Spaces that do not generate parking demand
.,Natural stone colorsaod a rough. hewn texture
.~piece system to createa. tat'Jf::\blJ!. rock~!ike appearan<;:e
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......
VIII-C-1
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
June 2, 2005
Met Council-Wastewater Treatment Plant Siting
RECOMMENDED CITY COUNCIL ACTION
It is recommended that the Council take action directing the Planning Committee of the
City Council (Lynn Moratzka, Paul Hicks and Tony Alongi) to work with the City Staff
and the Metropolitan Council Staff on the implementation of a communications and
outreach strategy, public comment and City Council review and approval process, for the
location of the new Wastewater Treatment Plant in the City of Hastings.
BACKGROUND
Representatives of the Metropolitan Council will be in attendance at the meeting on June
6th, 2005 to provide a brief background on the current status of the acquisition of property
that will result in the construction of a new wastewater treatment plant in the City of
Hastings. The City Council was advised of the tentative agreement reached to purchase
property in the eastern portion of the City of Hastings that will result in the construction
of a new wastewater treatment plant, and the abandonment of the current plant located in
downtown Hastings. Construction of the new wastewater treatment plant is set for
approximately 2010.
Much work will need to be completed in the next several months/years to assure timely
and satisfactory completion of the wastewater treatment plant. City Staff conducted a
meeting with Met Council Staff on Wednesday May 25th, 2005 to review a variety of
topics related to this project.
I have attached three documents for the City Council to review:
a.) Executive summary of the project that was presented to the Met Council
Environment Committee.
b.) Fact Sheet prepared by Met Council Staff regarding the project.
c.) Map of the area that is proposed for acquisition.
Staff seeks approval from the full City Council to utilize the Planning Committee as the
working group to assist with establishment of a communications and outreach strategy,
public comment and City Council review and approval process. Obviously, those items
requiring full City Council approval will be presented at a meeting of the City Council.
Until then, the Planning Committee will serve as a great resource for the City Staff and
Met Co il Staff.
E
Environment Committee
Meeting date: May 10,2005
For the Metropolitan Council of May 25, 2005
Executive Summary
Item: 2005 - 180
ADVISORY INFORMATION
Date: May 4, 2005
Subject: Authorization to Acquire Property for Hastings W\NTP Site
District{s), Member{s): #16, Brian McDaniel
Policy/Legal Reference: Minnesota Statutes 473.504
Staff Prepared/Presented: Bryce Pickart, 651-602-1091
Division/Department: MCES c/o William G. Moore, 651-602-1162
Proposed Action/Motion
That the Metropolitan Council authorize its Regional Administrator to execute a purchase agreement
for the 208-acre property located north ofRavenna Trail at the junction with Co. Rd. 91 in Hastings for
use as the site of the new Hastings Wastewater Treatment Plant site at the agreed upon purchase price
of $5,300,000.
Issue(s)
. A site is needed for a new Hastings Wastewater Treatment Plant to be constructed by
approximately 2010.
. Acquisition of land requires Council authorization.
. The landowners have agreed to the sale at the specified price.
Overview and Funding
MCES began the site selection process in 2002 for a new Hastings Plant to replace the existing plant,
which is located on a small site adjacent to downtown Hastings. Several meetings were held in 2002.
Evaluations of potential sites were conducted, with primary emphasis on three sites on the eastern edge
of the City. One site, the Freitag property, has been eliminated from further consideration due to higher
development costs and potential environmental impacts. Two sites located at the junction of Co. Rd. 91
and Ravenna Trail were considered further. The 208-acre site north of Ravenna Trail is a permitted
aggregate production facility. Only a small portion of the site (10-20 acres) is needed for the
wastewater treatment plant initially. The remainder of the site can be leased for continuing aggregate
production. An agreement has been reached with the property owners for purchase of the 208-acre
property for $5,300,000. The proposed process going forward is as follows: (1) enter into two-step
purchase agreement, i.e. purchase option initially followed by final purchase after successful
completion of communications and preliminary City approvals, as well as due diligence on property
acquisition (title and encumbrances search, Phase 1 environmental site assessment, etc.); (2)
communications with neighbors, local officials (City of Hastings, Ravenna Township, Dakota County,
and legislators), and other stakeholders; (3) applicable City Council approvals, such as conditional use
permit (wastewater treatment plant should be a compatible land use); and (4) final execution ofthe
purchase agreement.
BUDGET INFORMATION
Annual or
Ca ital
Ca ital
Year
A roved
2003
Estimated
Pro'ect Cost
$50,000,000
Current
Authorization
$6,000,000
Unencumbered
Funds
$5,960,000
Requested
Amount
$5,300,000
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
HASTINGS WASTEWATER TREATMENT PLANT
FACT SHEET
May 25, 2005
Need for the New Plant
. Flow projections show more capacity is needed. Current average daily wastewater treatment flow is
approximately 1.8 million gallons per day (mgd). Existing plant capacity is 2.34 mgd. Flow projections by
2010-2015 are at least 2.5 mgd
. Downtown site is limited. The feasibility of expanding at the existing site is limited due to small site size
and operating facility constraints.
. Plant site adds to traffic congestion and uses valuable commercial land. Heavy truck traffic at the plant
adds to downtown traffic congestion.
ProDosed Site for the New Plant
. Review criteria were set. Many sites on the East Side of Hastings were compared regarding the size of the
site; proximity to existing land uses; impact on wetlands, protected waters, floodplains and various land
types; estimated project costs and estimated easement requirements for the interceptor and outfall sewer.
. Four sites were thoroughly investigated and the C&D property meets all requirements. The property is for
sale, it allows for future expansion from 5 mgd to 10 mgd, it provides good access and is compatible with
current land uses. Construction can accommodate the existing infrastructure (railroad tracks, Co. Rd. 91
and overhead power lines). Gravel operations can continue to help meet the pressing regional needs for
aggregate.
New Wastewater Treatment Plant Features
. Plant will meet growth needs. The new plant will be built to handle 5 mgd to meet growth projections to
2030. The plant will be built to allow for an additional 5 mgd capacity.
. Treatment will be state-of-the-art. The latest technology will be used to ensure that harmful organics,
solids, ammonia and phosphorus pollutants will be removed.
. Odors will be minimized A combination of technologies and procedures will be used to contain and treat
odors in a safe manner.
. Noise will be minimized. Major equipment will be enclosed in buildings and the buildings will be designed
to absorb noise. Truck traffic will be limited to daytime hours.
. Plant will be aesthetically pleasing. The site will be landscaped around one-two story buildings that match
a commercial building style.
Future of the Existin2 Downtown Plant Site
. Lift station will be built. A new, city-owned, modem lift station will be built on the property to help
convey wastewater to the new plant
. City will own the property. The Metropolitan Council will restore the property and the property will be
deeded to the City. The City can decide what it wants to do with this prime land.
Schedule
. Purchase C&D property
. Planning
. Design
. Construction
. Initiate operation
2005
2-3 years
1 year
2-3 years
2010-2012
1
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Hastings Wastewater
Treatment Plant
Relocation
Presented to the Hastings City Council
June 6, 2005
-t.f
-t.f
~.... Metropolitan Council
- ~ Environmental Services
Why Are We Here?
. MCES is embarking on a multi-
year project to reconstruct and
relocate the Hastings Wastewater
Treatment Plant.
. We are here to brief the Council on
the project and our approach to
completing the project.
~ Metropolitan Council
~ Environmental Sen1lcu
Proposed
Features of the New FacilitL
· Site
- Space for future
growth
- Valuable natural
resource mining
. State-of-the-Art-Facility
. Design Approach
- Odors controlled
- Noise minimized
- Aesthetically planned
- Traffic controlled
. Secondary Treatment
plus
- Phosphorus removal
- Nitrogen removal
- Advanced solids and
organics removal
- Biosolids treatment
~ MetropoUtan ConneD
~ Environmental Sen1Icu
Future of the Existing Site
. New City Lift Station and interceptor will
be built to convey flows to the new
plant
. MCES will "dismantle, remove or
demolish," and restore the site upon
completion of the new facility
. MCES will return the property back to
the City
~ Metropolitan CouncU
~ Enutro~ntal &lrr1tces
Coordination with City and
Staff
. Re-zoning site
. Utility service to new site
. Interceptor timing to match other city
projects
. Lift station construction to match plant
construction
. Plant features with City needs
~ Metropolitan Councfi
~ Envirorulwntcd Senltces
Questions
.
~ Metropolitan CouncU
~ En1lfronmental Ben1ices
VIII-C-2
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
June 2, 2005
LeDuc Mansion Operating Agreement with DCHS
RECOMMENDED CITY COUNCIL ACTION
It is recommended that the City Council take action approving the attached Operating
Agreement with the Dakota County Historical Society for the operation of the LeDuc
Mansion.
BACKGROUND
In March, 2003 the City of Hastings entered into agreements with the Minnesota
Historical Society and the Dakota County Historical Society for the acquisition and
operation of the LeDuc Mansion. The closing on the LeDuc Mansion is scheduled for
Friday June 24th, 2005.
While closing is several weeks away, the City has been working with the DCHS on the
establishment of an operating agreement that will clarify the responsibilities of the City
and DCHS as it relates to the operation and maintenance of the LeDuc Mansion. This
agreement replaces the one approved in March, 2003; with more specific definition of
certain responsibilities, now that the facility is open.
Notable sections of the agreement include the following:
a.) The site will be open about 30-40 hours per week during the months of May
through October.
b.) The DCHS will be responsible for all aspects of the exhibiting, displays, tours,
employees, volunteers, etc.
c.) DCHS will be responsible for the kitchen facilities and scheduling of special
events throughout the entire property and grounds.
d.) Both parties will meet on a regular basis to assure satisfactory operation and
maintenance of the facilities.
e.) The City will be responsible for most maintenance of the facility and the grounds.
f.) The tenn of the agreement will be for 5 years, with an automatic renewal for
another five years, provide neither party wishes to tenninate.
g.) Financial responsibilities of each party are clearly spelled out in the agreement,
with both having the opportunity to share in the Simmons Funds, provided certain
conditions are met; with a clear understanding that those funds are owned and
contr ed by the Ci of Hastings.
inistrator
OPERATING AGREEMENT
LeDuc Mansion
City of Hastings and the Dakota County Historical Society
THIS AGREEMENT, is made this 24th Day of June by and between the City of
Hastings, a municipal corporation of the State of Minnesota, herein called the CITY and
the Dakota County Historical Society, a non-profit corporation, herein called the DCHS.
WHEREAS, the CITY has made determination that it wishes to utilize the
services of the DCHS to operate the LeDuc Historic Estate, 1629 Vermillion Street,
Hastings, herein called the SITE. Both the CITY and DCHS enter into this Agreement for
a period of five (5) years, with an automatic renewal for an additional five (5) year
period, unless terminated by either party according to the provisions outlined in Section
IV. E and F, with said agreement starting on June 24th, 2005
TERMS OF THE AGREEMENT
L DCHS shall provide the following services relating to the general operation and
management of the SITE:
1. Open the SITE to the public on or about May 15th, continuing until about October 31 st
of each year beginning with 2005 for a period of approximately 30-40 hours per week,
with the CITY advised of the specific days and times of operation. The DCHS and CITY
agree to meet on an annual basis to determine the hours of operation for the upcoming
year.
2. Manage the day-to-day operations of the SITE, including but not necessarily limited to
the following:
a.) Provide tours and programs that offer historic interpretation of the house,
carriage barn and grounds to the public, as well as providing stories and
exhibits related to the LeDuc family, Carroll Simmons, Andrew Jackson
Downing, the City of Hastings, Dakota County and other relevant history
related to the SITE.
b.) Plan, schedule and manage activities and special events at the house, carriage
barn and on the grounds to generate operating revenues while maintaining the
quality and character of the SITE.
3. Abide by the Partnership Agreement for the Operation of the SITE.
1
4. Design, create, install and control the selection, display, storage and preservation of the
art and historical objects appropriate to the SITE. Arrange or facilitate cleaning of
artifacts and exhibits, and be responsible for said cost, in the LeDuc House and the
Carriage Barn. DCHS will be responsible for care and replacement of light bulbs and
fixtures for the exhibit lighting. These displays will be cleaned, repaired and/or replaced
by DCHS. All ofthe foregoing shall be at the sole expense ofDCHS.
5. DCHS shall own all exhibits, cases, lighting and the like developed and paid for, either
in whole or in part, by DCHS for the SITE. Equipment, exhibits, cases and lighting and
the like developed and paid for wholly by parties other than DCHS, including the CITY,
shall remain the property of the parties that developed and/or paid for them unless gifted
to DCHS. Exhibits, cases, lighting and the like developed solely for the SITE and having
no practical use away from the SITE will be gifted to the CITY by the DCHS should this
agreement be terminated. Additional exhibits, cases, lighting and the like, may at the sole
discretion ofDCHS, be gifted to the CITY should this agreement be terminated. This
does not include assets belonging to DCHS which are not offered to the SITE, and which
were not acquired solely for use at the SITE.
6. DCHS, in recognition of the reputation and highly public nature of the CITY as the
owner of the SITE, agrees to develop exhibitions, tours and programs and the like
following best practices identified by the American Association of Museums (AAM)
and/or the American Association for State and Local History (AASLH). Should
appropriate best practices not be available from AAM or AASLH for some aspect of
operating the SITE, DCHS shall make a good faith effort to identify and follow
appropriate best practices in closely related fields. Furthermore, should any potentially
controversial subject be selected for exhibition at the SITE, DCHS shall inform the City
as to the nature of the subject, and potential controversial aspects thereof.
7. DCHS will employ the personnel necessary for the operation of the SITE. DCHS will
recruit, train and supervise employees, volunteers and interns necessary for the operation
of the SITE, and be responsible for providing the necessary workers compensation
insurance and payroll taxes
8. DCHS will provide telephone service and computer internet and email service to the
SITE, and be responsible for payment of said service.
9. DCHS will be responsible for specialized grounds maintenance such as, but not
necessarily limited to the apple orchard, flower gardens, watering heirloom plants, shrubs
and flowers.
2
10. DCHS will be responsible for the operation and maintenance of the kitchen facilities:
this will include, but not be limited to the following:
a.) Cleaning and maintenance including plumbing within the kitchen, supply and
waste lines.
b.) Purchase and acquisition of kitchen equipment it deems necessary, and its
ongoing maintenance.
c.) Purchase, acquisition, maintenance and replacement of utensils, glassware,
plates, it deems necessary.
d.) Purchase and acquisition oftables and chairs for rental events, it deems
necessary.
11. DCHS will operate a gift shop on the premises and be responsible for insuring the
contents, and receiving waivers of liability from those dealers who display for sale, their
items in the gift shop.
12. DCHS will insure its personnel and the exhibit contents in the SITE
II. DCHS recognizes the CITY as the owner of the SITE, and will complete the
following in consideration:
A. Provide a standard activity report to the CITY, quarterly, and participate in meetings
as needed, that allow both the CITY and DCHS to evaluate their mutual contractual
obligations and performance.
B. Adhere to the provisions of the REAL ESTATE TRANSFER AGREEMENT and
DECLRATION CREATING RESTRICTIVE COVENANTS that specify DCHS'
obligations and services.
C. Promptly notify the CITY of any building or grounds maintenance needed for the
protection of the public and the SITE.
D. DCHS shall secure approval from the CITY, prior to submission, for any proposal for
funds that creates an obligation on the part of the CITY beyond that which is outlined in
this agreement.
E. Annually provide the CITY with a suggested improvement and maintenance plan for
the SITE in conjunction with suggested annual capital budget. In addition, DCHS will
notify the CITY of all special events, fairs festivals and private events planned at the
SITE as soon as is reasonably possible. Any CITY events involving the SITE must be
coordinated with DCHS prior to being scheduled at the SITE. DCHS shall also notify the
CITY of any new exhibitions being considered or developed for the SITE.
3
DCHS will secure approval from the CITY for any improvements or alterations to the
SITE, excluding exhibits, tours and educational programs, prior to the start of said
improvements or alterations.
III. The City of Hastings agrees to perform the following services and provide the
following to the SITE:
A. The CITY shall be responsible for electricity, natural gas, sewer, water and solid waste
removal.
B. The CITY shall be responsible for the structural repairs to the foundations, wall,
floors, roofs, and chimneys, exterior and interior painting, window washing, window
replacement, pest control, carpet cleaning, grounds maintenance, lawn mowing, snow
removal, tree and shrub trimming, janitorial and cleaning service, except those noted as
the responsibility ofDCHS.
C. Except as otherwise provided, CITY shall be responsible for the mechanical systems,
such as sinks, toilets, electrical switches, heating systems, electrical systems, plumbing,
air conditioning, humidity control and security, and shall agree to maintain said systems
following the maintenance, repair and replacement recommended by the manufacturer of
each system or component, with the goal of creating a near-museum quality environment,
with minimal temperature, humidity or air quality fluctuations.
D. The CITY shall also be responsible for the following: parking lot, sign maintenance,
exterior lighting, fence and gate repair and maintenance, and exterior signage, and
replacement of specialized trees and shrubs.
IV. Other Duties and Responsibilities
A. DCHS agrees not to discriminate in providing services on the basis of race, religion,
color, national origin, sex, marital status, mental or physical disability.
B. DCHS agrees to indemnify, hold hannless and defend the CITY, its officers agents
and employees from and against any all claims for injury or property damage arising out
of, or related to the services to be perfonned as outlined in this AGREEMENT, and the
attached exhibit.
C. DCHS, receiving money from the CITY and in providing non-profit services in the
interest of the citizens, shall at all times be considered an independent contractor and not
an agent, partner or in joint venture with the CITY. The parties acknowledge that any
contract or agreement entered into between the DCHS and a third party shall not be an
obligation of the CITY. DCHS shall not represent that it has the power or authority to
contractually obligate the CITY.
4
D. DCHS agrees that the responsibility for performing the services to be implemented
under the terms ofthis agreement shall not be assigned, transferred or delegated by the
DCHS to a third party without the prior written consent of the CITY.
E. Either party may terminate this agreement for failure of the other party to comply with
any term, condition or obligation under this agreement, no earlier than 6 months after
written notice specifying the nature of the default, with reasonable particularity, and such
default not having been substantially corrected, within four weeks after the notice has
been sent. Upon such termination, DCHS shall be entitled to receive a pro-rated portion
of the payment owned under Section V (G) and the City shall receive the balance of any
unspent funds already allocated to DCHS, but not yet expended.
F. This Agreement shall be for an initial five (5) years, and automatically continue for an
additional five (5) years, unless either party provides notice to the other that the second
five (5) year term will not be renewed for the additional five (5) year term, which must be
submitted in writing not less than one (1) year before the expiration of the first five (5)
year term expiring.
G. DCHS shall maintain in force for the duration of this agreement the insurance
coverage specified below. Each policy required by these provisions shall be written as a
primary policy, not contributing with or in excess of any coverage which the CITY may
carry. A copy of each policy or certificate of insurance satisfactory to the CITY shall be
delivered to the CITY upon the execution of this agreement. Unless otherwise specified,
each policy shall be written on an "occurrence" form, with an admitted insurance carrier
licensed to do business in the State of Minnesota and shall contain an endorsement
entitling the CITY to not less than 30 days prior written notice of any material change,
non-renewal or cancellation. The adequacy of such insurance required by these
provisions shall be subject to approval by the CITY. Failure to maintain any insurance
coverage required by this agreement shall be cause for immediate termination of this
agreement by the CITY.
G-1. ComDrehensive General Liability. DCHS shall maintain a broad form
comprehensive liability insurance policy with coverage of not less than $1,000,000
combined single limit per occurrence, with an aggregate of $2,000,000 for bodily injury,
personal injury or property damage. Such policy shall contain contractual liability
endorsement and tenant legal liability coverage.
The policy shall also contain an endorsement naming the CITY as an additional insured,
in a form satisfactory to the CITY, and expressly providing that the interest of the CITY
shall not be affected by the DCHS' breach of policy provisions.
G-2. Workers ComDensation. If the DCHS shall perform the work with the help of others,
DCHS shall provide proof of worker's compensation insurance coverage in compliance
with all applicable provisions of worker's compensation laws in the State of Minnesota.
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G-3. ProTJertv Insurance. It is agreed that the CITY will provide property insurance
coverage for building and contents owned by the CITY. DCHS shall maintain separate
property insurance coverage for all personal property owned by the DCHS, or loaned to
the DCHS by the Minnesota Historical Society. The CITY will not provide any type of
insurance for property or contents not owned by the CITY that is located at the SITE.
H. DCHS and the CITY shall comply with all applicable federal, state and local laws and
rules, ordinances and regulations at all times, while this agreement is in force.
1. This Agreement can be modified with the written consent and approval of both parties.
Financial Obligations and Responsibilities
A. By August 1 of each year DCHS will submit a SITE operating budget to the CITY for
review, and at the same time, submit a capital budget to the CITY for review and
approval. The annual budget shall include yearly goals and projections of anticipated
revenues that will be generated at the SITE. DCHS agrees to include only expenses that
are directly related to the operation ofthe SITE, as required by the terms and conditions
of this agreement and the Partnership Agreement which is included as Exhibit #A.
B. At the same time the CITY and DCHS review and approve the operating budget and
review and approve the annual capital budget, each party agrees to meet and confer on
the budget, in an effort to determine the amount of Simmons Trust that will be needed to
operate the SITE in the upcoming year, and the amount of Simmons Trust that will be
needed for certain capital expenditures during the next year. Furthermore, the CITY
agrees to meet and confer with the DCHS any time it draws funds from the Simmons
Trust to repair, replace, maintain any item at the SITE, or for any capital expenditure or
any operating expenditure of which it is responsible. Each party understands that the
Simmons Trust are the sole ownership of the CITY and allocation of the funds is at the
sole discretion of the CITY, with the further understanding that allocation for a legitimate
expense shall not be unreasonable held back by the CITY.
C. DCHS and the CITY agree that any earned income from the operation and rental of
the SITE shall remain with the SITE and used for expenses associated with the operation
and capital expenditures and repairs at the SITE.
D. Each party agrees to meet on a quarterly basis to review the projected budget and
actual expenditures, in an effort to firmly establish the need for an allotment of Simmons
Trust and establish a schedule for their distribution.
E. Each party expects, on an annual basis that the earnings from the Simmons Trust will
be distributed 50% to the CITY and 50% to the DCHS for the operation and maintenance
of the SITE. Of that amount, it is expected that half will be distributed on or about
February 1 st of each year, with the remaining amount distributed during the balance of the
year, as determined in "D" above.
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F. The CITY and DCHS agree that should any grant funds be received solely for use at
the SITE, that those funds will remain with the SITE and that DCHS shall be responsible
for administering and accounting for those grant funds. Should this agreement be
terminated and grant funds dedicated solely for use at the SITE remain unspent, those
funds will remain with the SITE and become the responsibility of the CITY to administer
and account for, unless the grantor requests analternative arrangement be made.
G. Should either party terminate the agreement according to the terms outlined, DCHS
shall receive a pro-rated portion of the payment owed, based on the actual expenses
incurred by the DCHS at the time of termination.
Execution of this Agreement hereby cancels the previous Lease Agreement
between the City of Hastings and the Dakota County Historical Society executed and
dated in March, 2003.
Michael D. Werner, Mayor
Melanie Mesko Lee, City Clerk
-seal-
Dakota County Historical Society
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VIII-C-3
MEMO
TO:
FROM:
RE:
DATE:
Honorable Mayor and City Council members
Charlene Stark, Interim Finance Director
2005 CAFR and Audit Report
May 23, 2005
-_.-
The City Council is asked to accept the Comprehensive Annual Financial report .
Representatives from the City's audit firm, Kern DeWenter, Vieri, L TD will be present to
discuss the Audit Managemet Report .
As always, should you have any questions on this information, please feel free to contact
me. 651-480-2354.
Council Action Reauested
Accept the 2004 Comprehensive Annual Financial Report.