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Home My WebLink About10-17-05 CITY OF HASTINGS COUNCIL MEETING Monday, October 17, 2005 7:00 PM I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROV AL OF MINUTES: Approve Minutes of the Regular Meeting on October 3, 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 on these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution-Approve 2005 Amusement Licenses 3. Order Public Hearing - Wal-Mart Currency Exchange License 4. Travel Policy for Elected Officials Traveling out of the State of Minnesota 5. Proclamation-November 15,2005 as Ebba Hoffman Day 6. Order Supplemental Public Hearing for 2003 Improvements 7. Resolution-Approve Exempt Gambling Permit for the Hastings Hockey Association 8. Approve Code Enforcement Education Attendance 9. Resolution-Setting Assessment and Ordering Public Hearing for 2004 Improvement Projects 10. Pay Estimate #3-Project 2005-1: Dakota Hills ($391,615.35) 11. Pay Estimate #3-Project 2005-2 Zweber Lane: Pember Companies ($25,117.88) 12. Pay Estimate # I-Project 2005-3 South Frontage Road: Max Steininger, Inc. ($129,986.00) 13. Final Pay Estimate-Project 2003-2 Riverwood/South Oaks: Contractor's Edge ($77,459.40) 14. Authorize Publication for Planning Commission Vacancies 15. Declare as Excess Property-Decorative Deer at LeDuc Mansion 16. Approve 2005 Budget Adjustment for IT Department 17. Approve Fund Closing and Transfer of Excess Funds 18. Approve Agreement for Quiet Zone Study 19. Approve Agreement for Park Design Services 20. Approve Employee Identification Badge Policy 21. Pay Estimate-HF AC Coping Stone Replacement: Kinematics, Inc. ($25,962.50) 22. Fire Department Consulting Services Proposal VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS 1. Public Hearing-Ordinance Amendment #2005-44: Sign Ordinance 2. Public Hearing-Ordinance Amendment: Utility Billing 3. Public Hearing-Business Subsidy for Midwest Products VIII. REPORTS FROM CITY STAFF A. Public Works ~ < LI"I ~ 0'\ V o o N - o ...... - N ...... ...... CO LI"I ...... ...... N ro ro :g :g 0 0 :I: :I: U U Q) ~ l/) 0 0 0 0 "jij "jij :I: :I: "" ...... +J ro ::E :g ~ 0 :I: =F E "0 Q) l/) 0 0 f}. 0 g 'jij :I: E 0 I' ...... 0'\ \0 m ...... ...... N 1ft o o N Ii. CD ~ E CD > o z ...... L.. Q) .0 E Q) > o z >- lU -g Q) ~ co LI"I ...... N N 0'\ N +J ::E+J U::E ~U ~o... Z:I: ~ E :e8 TI~ ro . u.o .> r'=:E E I' I' ...... N co N I' I' I' +J ::E .0 C ::J o U U u E +J ::E .0 C ::J 8 u u E I' E ro ..c ~ e ro U Hastings, Minnesota City Council Minutes October 3, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, October 3, 2005 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Werner, Councilmembers Hicks, Alongi, Riveness, Schultz and Moratzka Members Absent: Councilmember Hazlet Staff Members Present: City Administrator Dave Osberg City Attorney Shawn Moynihan Assistant City Administrator Melanie Mesko Lee Public Works Director Tom Montgomery Planning Director John Hinzman Public Works Superintendent John Zgoda Community Relations Specialist Shannon Rausch Approval of Minutes: Mayor Wemer asked if there were any corrections or additions to the minutes of the regular meeting of Monday, September 19,2005. Hearing none, the minutes were approved as presented. Council Items to Be Considered City Administrator Osberg requested that an additional resolution regarding the GO refinancing bonds be added as Item 15 of the Consent Agenda. Moved by Councilmember Alongi, seconded by Councilmember Hicks to amend the agenda as requested. 6 Ayes; Nays, none. Consent Agenda Moved by Councilmember Alongi, seconded by Councilmember Hicks to approve the Consent Agenda as amended. Pay Bills as Audited 1. Pay Bills as Audited 2. Approve Master Application Policy for Long Term Care Insurance 3. Resolution-Amend Copying Fees 4. Item Removed 5. 2005 Budget Adjustments 6. Recommendations & Resolutions for the Sale of GO Improvement & Refunding Bond Series 2005A City of Hastings City Council Minutes October 3, 2005 Page 2 of 4 7. Recommendations & Resolutions for the Sale of GO Municipal Building Refunding Bonds Series 2005B 8. Resolution-Final Plat #2005-60- Three Rivers Place 9. 1st Reading/Order Public Hearing-Ordinance Amendment #2005-44-Sign Ordinance 10. Resolution-Grant Approval Extension-Site Plan #2004-12-Schoolhouse Square 3rd Condominiums II. Resolution-Requesting Speed Study for CSAH 46/47 12. Pay Estimate # I-Public Works Salt Shed, Ebert Construction-$3,996.00 13. Order Public Hearing On October 17 for Midwest Products 14. Resolution Authorizing Execution of Agreement - Dakota County Traffic Safety Group 6 Ayes, Nays, None. Copy of resolutions on file. Public Hearing-Ordinance Amendment #2005-54: Landscape Ordinance Mayor Wemer opened the public hearing at 7 :03 p.m. Planning Director Hinzman stated that the proposed changes will establish landscape standards for new commercial, industrial, multiple residential and institutional developments. He stated that the standards were developed in consultation with the Parks Department and are compatible with landscape standards in neighboring communities. Hearing no further comments, Mayor Wemer closed the public hearing at 7 :04 p.m. Second Reading/Ordinance Amendment-Ordinance Amendment #2005-54: Landscape Ordinance Moved by Councilmember Moratzka, seconded by Councilmember Riveness to approve the landscape ordinance as presented. 6 Ayes, Nays, None. Copy of ordinance on file. Resolution-PreliminarylFinal Plat #2005-10: Hastings Industrial Park No.7 Councilmember Moratzka noted that the Economic Development Commission has reviewed and supports the action. Moved by Councilmember Moratzka, seconded by Councilmember Hicks to approve as presented. 6 Ayes, Nays, None. Copy of resolution on file. Water System Improvements Concept Plan Public Works Director Montgomery provided information regarding a concept plan to address problems with water quality (nitrate levels in 3 of the 5 City wells and cyanazine levels in Well #3) and water supply needs generated by continued development. Two major water system improvements are recommended to be constructed as soon as possible: City of Hastings City Council Minutes October 3, 2005 Page 3 of 4 Well #8-a new water supply well to be constructed in Vermillion Falls Park near the intersection of 21 st Street and Commerce Drive. This is estimated to cost $1,250~OOO. Water Treatment Plant---construction of a nitrate removal plant adjacent to the ground storage tank on Highway 55 near the SuperStore. This plant would treat water from wells #3 and #5. The total estimated cost for this project is $3, 700~000. Montgomery stated that funding options will need to be explored for future water system improvements. Councilmember Schultz asked when Well #3 will reopen. Montgomery stated that the City will not use Well #3 until either an interconnection with Well #5 is made or until the state cyanazine standard is raised, which is currently under review. Montgomery s.tated that the City's water system is currently safe, and that it is being very conservative in shutting down Well #3 at this time. The Council discussed consideration of a block system for water usage. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the water system improvement recommendations as presented, to authorize preparation of plans, authorize bidding for construction of Well#8, authorize design and preparation of plans for a water treatment facility, trunk watermains, and site improvements as recommended. Additionally, staff was directed to work with the Operations Committee of the Council to develop recommendations for future water system improvements and increased operational expenses with the implementation of water treatment. 6 Ayes; Nays, none. Authorization to Negotiate Purchase of Right-of-Way Montgomery stated that the City's Comprehensive Plan identifies a future frontage road connecting 36th Street to the County Crossroads commercial area as a way to provide neighborhood access to the commercial area through local streets rather than Highway 61. At this time, the City does not own the right-of-way. Hastings Ford requested that the City purchase the right-of-way since they are unable to use it. The property has been appraised at a cost of$91,000. The Planning Committee of the Council recommends that the City begin to negotiate to acquire the right-of-way. Moved by Councilmember Riveness, seconded by Councilmember Moratzka to authorize staff to negotiate the purchase as recommended. 6 Ayes; Nays, none. Lake Isabel Dredging Moved by Councilmember Alongi, seconded by Councilmember Hicks to approve soliciting proposals from engineering firms to investigate the hard cost with dredging and disposal, pier construction, and lake draw down as recommended. 6 Ayes, nays, none. City of Hastings City Council Minutes October 3, 2005 Page 4 of 4 Council-Staff Workshop Facilitator Moved by Councilmember Moratzka, seconded by Councilmember Riveness to approve the utilization ofLynn and Associates to conduct a Council/Staff workshop. 6 Ayes, nays, none. Reports from Councilmembers Councilmember Alongi noted that the City was presented with a preservation award for the LeDuc Mansion from the Preservation Alliance of Minnesota. Adjournment Moved by Councilmember Schultz, seconded by Councilmember Moratzka to adjourn the meeting at 7:32 p.m. 6 Ayes, Nays, None. Michael D. Weroer Mayor Melanie Mesko Lee City Clerk atyof J-bsti gs Merratrdm To: City Council From: Becky Kline, Finance Department Date: 10/7/2005 The attached Department Report itemizes vouchers that were paid on October 7, 2005. Thank you. Date: 10/07/2005 Time: 10:41:39 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 2 Department Vendor Name Description Amount BUILDING AND INSPECT BDM CONSULTING ENGIN TOP OF BLOCK VERIFlCATIO BUILDING AND INSPECT CROSSROADS EXPRESS L LUBE/OIL CHANGE 805 BUILDING AND INSPECT LEAGUE MN CITIES INS 4TH QUARTER WORK COMP BUILDING AND INSPECT STATE OF MN BOARD OF ELEC INSP CERTIFICATE BO Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS COMMERCIAL ASPHALT C HOT MIX ASPHALT COMMERCIAL ASPHALT C HOT MIX ASPHALT DISCOUNT ENGINEERING REPRO SY SCAN MYLARS/CD FORCE AMERICA SWITCH ROCKERS GREENIMAGE FILTER GREENIMAGE STIHL PARTS GERLACH SERVICE, INC. GAUGE GERLACH SERVICE, INC. WHEEL H & L MESABI BOLTS LEAGUE MN CITIES INS 4TH QUARTER WORK COMP MINNEGASCO,ACCT'S PA AUG GAS ROO EQUIPMENT / POWE ALTERNATOR TOTAL TOOL SOCKETS XCEL ENERGY ELEC SERVICE Total for Department 300 PARKS AND RECREATION LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 401 MISCELLANEOUS LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 600 Total for Fund 101 PARKS AND RECREATION LEAGUE MN CITIES INS 4TH QUARTER WORK COMP PARKS AND RECREATION MINNEGASCO,ACCT'S PA AUG GAS PARKS AND RECREATION OFFICE MAX - A BOISE FRAMES/SHEET PROTECTORS PARKS AND RECREATION TROPHIES PLUS NRRC PLAQUE O'MELIA PARKS AND RECREATION TROPHIES PLUS SOFTBALL LEAGUE TROPHY PARKS AND RECREATION XCEL ENERGY ELEC SERVICE Total for Department 401 Total for Fund 200 PARKS AND RECREATION ELECTRO WATCHMAN, IN ALARM MONITORING PARKS AND RECREATION FIRST LINE BEVERAGES CONCESSION SUPPLIES PARKS AND RECREATION LEAGUE MN CITIES INS 4TH QUARTER WORK COMP PARKS AND RECREATION MENARDS POOL SUPPLIES PARKS AND RECREATION MENARDS RETURN POOL SUPPLIES PARKS AND RECREATION MINNEGASCO,ACCT'S PA AUG GAS Total for Department 401 Total for Fund 201 550.00 25.48 240.38 50.00 2,440.86* 1,843.62 -41.09 160.28 26.00 26.61 34.31 3.38 13 .36 92.38 3,342.92 -153.13 419.65 97.72 14,170.47 20,036.48* 105.97 105.97* 2,508.29 2,508.29* 39,052.28* 1,605.09 84.58 37.91 23.45 31.95 2,060.84 3,843.82* 3,843.82* 79.88 862.30 957.54 34.04 -13.81 1,602.31 3,522.26* 3,522.26* Date: 10/07/2005 Time: 10:41:39 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description HERITAGE PRESERVATIO ST. JAMES, BONNIE MILEAGE/CONFERENCE/PARKI Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE CCP INDUSTRIES INC PAPER TOWELS FASTENAL COMPANY SUPPLIES HASTINGS FIRE RELIEF FIRE RELIEF LEAGUE MN CITIES INS 4TH QUARTER WORK COMP METRO FIRE, INC. LIGHT BOX BATTERY/SWITCH MINNEGASCO,ACCT'S PA AUG GAS MINNESOTA SHREDDING SHREDDING SERVICE SCHUTT, MIKE REPLACE CK 18834 10/05/0 SIDELINE SIGNS & GRA GRAPHICS AMB 1463 VERIZON WIRELESS MONTHLY CELLULAR CHARGES Total for Department 210 AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE BOUND TREE/NORTH AME MEDICAL SUPPLIES LEAGUE MN CITIES INS 4TH QUARTER WORK COMP MOORE MEDICAL CORP. AMBULANCE SUPPLIES NORTHERN SAFETY TECH BULBS/GASKETS WARD DIESEL FILTER S FILTER FOR 1461 Total for Department 220 Total for Fund 213 LE DUC MANSION MINNEGASCO, ACCT' S PA AUG GAS Total for Department 450 Total for Fund 220 PUBLIC WORKS BROCK WHITE COMPANY BLANKETS FOR SALT STORAG Total for Department 300 Total for Fund 403 HOUSING AND REDEVELO DAKOTA COUNTY PROPER ABSTRACT FEES GUARDIAN A HOUSING AND REDEVELO DAKOTA COUNTY PROPER TORRENS FEES GARDNER HOU HOUSING AND REDEVELO LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 500 Total for Fund 404 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS LEAGUE MN CITIES INS 4TH QUARTER WORK COMP MINNEGASCO,ACCT'S PA AUG GAS MN PIPE & EQUIPMENT PLUGS/MARKING PAINT RIVERTOWN EYE CLINIC SAFETY GLASSES WYTASKE XCEL ENERGY ELEC SERVICE Total for Department 300 Page: 3 Amount 402.92 402.92* 402.92* 404.18 223.74 160,422.00 5,279.53 91. 84 -333.27 45.00 480.01 1,895.00 139.24 168,647.27* 205.59 487.65 102.85 118.50 255.00 1,169.59* 169,816.86* 57.61 57.61* 57.61* 211.86 211.86* 211.86* 46.00 46.00 156.77 248.77* 248.77* 835.68 -102.53 196.51 262.14 15,533.92 16,725.72* Date: 10/07/2005 Time: 10: 41: 40 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Total for Fund 600 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS LEAGUE MN CITIES INS 4TH QUARTER WORK COMP MACQUEEN EQUIPMENT, CLAMP/RUBBER STELLAR ENERGY SERVI MILEAGE/REGULATOR/LABOR STELLAR ENERGY SERVI TRANSFER SWITCH XCEL ENERGY ELEC SERVICE Total for Department 300 Total for Fund 601 CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK BOYER FORD TRUCKS HEATER TUBE-T2 HASTINGS TIRE & AUTO MOUNTING TIRES/T-3 HASTINGS TIRE & AUTO REAR TIRES HASTINGS TIRE & AUTO REAR TIRES/LABOR T-2 LEAGUE MN CITIES INS 4TH QUARTER WORK COMP MOTOR PARTS SERVICE FILTER T-3 MOTOR PARTS SERVICE FILTERS (STOCK) SUBURBAN TENT & AWNI BUCKET SEAT REBUILT Total for Department 107 Total for Fund 610 PARKS AND RECREATION ELECTRO WATCHMAN, IN ALARM MONITORING PARKS AND RECREATION ENERGY SALES, INC. CS FILTERS/GASKETS PARKS AND RECREATION EXPRESS FIRE PROTECT INSPECTION SPRINKLER SYS PARKS AND RECREATION LEAGUE MN CITIES INS 4TH QUARTER WORK COMP PARKS AND RECREATION MINNEGASCO,ACCT'S PA AUG GAS PARKS AND RECREATION XCEL ENERGY ELEC SERVICE PUBLIC WORKS PUBLIC WORKS Total for Department 401 Total for Fund 615 LEAGUE MN CITIES INS 4TH QUARTER WORK COMP XCEL ENERGY ELEC SERVICE Total for Department 300 Total for Fund 620 ROHR, PATRICIA LANDSCAPE REIMBURSEMENT Total for Department 150 PLANNING PUBLIC WORKS RIVER OF LIFE CHURCH REFUND ESCROW Total for Department 300 Total for Fund 807 Grand Total Page: 4 Amount 16,725.72* 1,201.89 378.90 632.75 1,576.20 1,131.24 4,920.98* 4,920.98* 77.04 91.74 538.29 624.76 229.30 33.18 33.18 87.50 1,714.99* 1,714.99* 57.51 435.00 290.00 505.21 -893.52 2,111.42 2,505.62* 2,505.62* 351. 59 7,787.79 8,139.38* 8,139.38* 1,100.00 1,100.00* 7,500.00 7,500.00* 8,600.00* 259,763.07* Date: 10/07/2005 Time: 10:41:39 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description COUNCIL AND MAYOR ADMINI STRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK FINANCE MAINTENANCE MAINTENANCE PLANNING PLANNING M.I.S. POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE CNA INSURANCE OCTOBER LTC PREMIUM Total for Department MN CHILD SUPPORT PMT CASE 00138614701 & 00007 MN CHILD SUPPORT PMT CASE 001435452601 Total for Department 000 LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 102 GRAPHIC DESIGN A/R INVOICES/BLUE REPLY LASERSHARP, INC. TONER CARTRIDGE LASERSHARP, INC. TONER CARTRIDGES LEAGUE MN CITIES INS 4TH QUARTER WORK COMP OFFICE MAX - A BOISE FOLDERS/LABELS/RIBBON OFFICE MAX - A BOISE HPLJ TONER OFFICE MAX - A BOISE MONITOR STAND/PENS OFFICE MAX - A BOISE PENS/NOTEBOOKS Total for Department 105 LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 107 LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 120 LEAGUE MN CITIES INS 4TH QUARTER WORK COMP MINNEGASCO,ACCT'S PA AUG GAS Total for Department 140 ENGINEERING REPRO SY SCAN MYLARS & CD LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 150 LEAGUE MN CITIES INS 4TH QUARTER WORK COMP Total for Department 160 BIRCHEN ENTERPRISES VEHICLE REPAIR/MAINTENAN BUREAU OF CRIMINAL A CJDN CONNECTION BUREAU OF CRIMINAL A MDT HOST SITE FEE CITY OF HASTINGS REIMBURSE PD BUY FUND/CO HASTINGS POLICE ASS REIMBURSE SEAT BELT REWA LEAGUE MN CITIES INS 4TH QUARTER WORK COMP OFFICE MAX - A BOISE TONER/PAPER/ENVELOPES/RI ON SITE SANITATION GUN RANGE SANITATION SER SIDELINE SIGNS & GRA LETTERING GENERATORS STREICHER'S SUPPLIES XCEL ENERGY ELEC SERVICE Total for Department 201 BUILDING AND INSPECT BDM CONSULTING ENGIN FINAL GRADE Page: 1 Amount 236.92 236.92* 460.54 238.57 699.11* 27.17 27.17* 328.03 62.84 77.75 140.46 177.55 134.07 36.81 25.94 983.45* 1,471.53 1,471.53* 136.28 136.28* 241. 21 18.58 259.79* 228.44 119.56 348.00* 42.43 42.43* 764.15 390.00 380.00 82.00 90.34 6,851.80 202 . 12 101.47 225.00 630.75 38.37 9,756.00* 1,575.00 lO/13/2005 10:58 AM ?ACKET: 00024 Regular Payments lENDOR SET: 1 ,UND 101 )EPARTMENT: N/A 3UDGET TO USE: GENERAL NON-DEPARTMENTAL CB-CURRENT BUDGET TENDOR ITEM # NAME l -28125 HASTINGS AREA CHAMBER/C 1-200510130017 l -82215 UNITED STATES POSTAL SE 1-200510130007 . -21190 FILTERFRESH 1-100824 . -22350 FORTIS BENEFITS INS CO I-OCT . -26730 GRAPHIC DESIGN 1-28468 -52736 NEOPOST LEASING 1-3970072 -52795 NEXTEL COMMUNICATIONS 1-465427521-017 -56836 OFFICE MAX - A BOISE CO C-850241 1-609651 1-724122 1-761389 1-770736 1-799168 -58892 OSBERG, DAVID M. 1-200510130018 1-200510130018 1-200510130018 -74901 S & T OFFICE PRODUCTS I I-01KB7585 -82215 UNITED STATES POSTAL SE 1-200510130007 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 BANK: GEN VI-l G/L ACCOUNT NAME CHECK# DESCRIPTION AMOUNT 101-120-1201-2039 LODGING TAX P August Lodging Tax (5 of 5) 000000 6,838.65 101-000-0000-1502 POSTAGE INVEN POSTAGE RESET AMOUNT 000000 2,000.00 DEPARTMENT NON-DEPARTMENTAL TOTAL: 8,838.65 101-102-1021-6450 MISCELLANEOUS COFFEE 000000 186.24 DEPARTMENT 102 COUNCIL & MAYOR TOTAL: 186.24 101-105-1051-6134 EMPLOYER PAID LONG TERM DISABILITY PREMIUM 000000 41. 46 101-105-1051-6201 OFFICE SUPPLI CITY ENVELOPES 000000 187.44 101-105-1051-6310 MAINTENANCE C MEZ37AL MAIL MACHINE NOV 2005 000000 233.58 101-105-1051-6321 TELEPHONE CELL PHONE SERVICE 000000 71.41 101-105-1051-6201 OFFICE SUPPLI RETURN WHITE COpy PAPER 000000 456.89- 101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 000000 794.75 101-105-1051-6201 OFFICE SUPPLI FOLDERS & LABELS 000000 41. 09 101-105-1051-6201 OFFICE SUPPLI BRITE HOT PINK PAPER 000000 25.54 101-105-1051-6201 OFFICE SUPPLI DISK MAILERS 000000 40.87 101-105-1051-6201 OFFICE SUPPLI FOLDERS 000000 9.15 101-105-1051-6325 TRANSPORTATIO ICMA CONF 000000 5.75 101-105-1051-6325 TRANSPORTATIO ICMA CONF 000000 3.50 101-105-1051-6450 MISCELLANEOUS GALLEGOS/ EXCHANGE LUNCH 000000 43.15 101-105-1051-6201 OFFICE SUPPLI KRAFT ENVELOPES 000000 42.44 101-105-1051-6322 POSTAGE RESET FEE 000000 9.50 DEPARTMENT 105 ADMINISTRATION TOTAL: 1,092.74 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 101 DEPARTMENT: 107 BUDGET TO USE: GENERAL CITY CLERK CB-CURRENT BUDGET \TENDOR ITEM # NAME 1 -22350 FORTIS BENEFITS INS CO I-OCT 1 -26730 GRAPHIC DESIGN 1-28355 1 -48684 MESKO LEE, MELANIE 1-200510130019 1-200510130019 1-200510130019 1 -22350 FORTIS BENEFITS INS CO I -OCT 1 -12098 DALCO 1-1681066 1 -17799 ELECTRO WATCHMAN, INC 1-36002 1 -21193 FILTRA TECH SYSTEMS 1-97055 1 -22350 FORTIS BENEFITS INS CO I-OCT 1 -26725 W.W. GRAINGER, INC. 1-495-032712-4 1 -38300 JOHNSTONE SUPPLY 1-738528 1 -70276 R & 0 ELEVATOR CO. INC. 1-51049072 1 -70356 ROSSING, JAMES A. 1-273545 1 -76750 TERRYS ACE HARDWARE 1-1071/1 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-107-1071-6134 101-107-1071-6336 101-107-1072-6324 101-107-1071-6323 101-107-1071-6325 101-120-1201-6134 101-140-1404-6211 101-140-1404-6310 101-140-1404-6353 101-140-1401-6134 101-140-1406-6353 101-140-1402-6350 101-140-1404-6310 101-140-1401-6217 101-140-1401-6217 DESCRIPTION EMPLOYER PAID LONG TERM DISABILITY PREMIUM OTHER PUBLISH RIVERTOWN NEWSLETTER/ FALL MILEAGE MILEAGE CONFERENCE & CONF TRANSPORTATIO PARKING DEPARTMENT 107 CITY CLERK EMPLOYER PAID LONG TERM DISABILITY PREMIUM DEPARTMENT 120 FINANCE CLEANING SUPP General Supplies - CH & PD MAINTENANCE C CH Alarm Service REPAIRS & MAl Air Filters-CH & PO EMPLOYER PAID LONG TERM DISABILITY PREMIUM REPAIRS & MAl General Supplies-Fire Dept REPAIRS & MAl General Supply Parts MAINTENANCE C ELEVATOR SVC CH & PD OTHER GENERAL Repair LeDuc Picture OTHER GENERAL TERRYS ACE HARDWARE DEPARTMENT 140 MAINTENANCE CHECK# 000000 000000 000000 000000 000000 TOTAL: 000000 TOTAL: 000000 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: 2 BANK: GEN AMOUNT 11.00 2,474.00 282.49 25.00 55.75 2,848.24 49.52 49.52 533.64 57.51 161.11 14.94 44.21 4.49 340.20 61.13 15.14 1,232.37 10/13/2005 10:58 AM PACKET: 00024 Regular Payments ilENDOR SET: 1 ruND 101 REGULAR DEPARTMENT PAYMENT REGISTER GENERAL )EPARTMENT: 150 3UDGET TO USE: PLANNING CB-CURRENT BUDGET JENDOR ITEM # ==================================================================================================================================== 221. 50 NAME 1 -12044 DAKOTA COUNTY PROPERTY 1-1172 1 -22350 FORTIS BENEFITS INS CO I-OCT I-OCT l -52795 NEXTEL COMMUNICATIONS 1-465427521-017 l -22350 FORTIS BENEFITS INS CO I-OCT l -26730 GRAPHIC DESIGN 1-28605 1-28606 l -44900 LEXIS NEXIS 1-509267302 L -52795 NEXTEL COMMUNICATIONS 1-465427521-017 L -60050 ARCH WIRELESS I-A6097326J L -60758 PETERSEN, ROXANN 1-200510130011 -72385 MICHAEL SCHMITZ 1-200510130009 1-200510130009 . -76750 TERRYS ACE HARDWARE 1-001021/1 _ -82116 UNIFORMS UNLIMITED 1-287469 1-287722 G/L ACCOUNT NAME 101-150-1501-6336 101-150-1501-6134 101-160-1601-6134 101-160-1601-6321 101-201-2010-6134 101-201-2010-6201 101-201-2010-6201 101-201-2010-6311 101-201-2010-6321 101-201-2010-6364 101-201-2010-6218 101-201-2219-6450 101-201-2219-6450 101-201-2010-6322 101-201-2010-6218 101-201-2010-6218 DESCRIPTION OTHER PUBLISH RECORDING FEES EMPLOYER PAID LONG TERM DISABILITY PREMIUM DEPARTMENT 150 PLANNING EMPLOYER PAID LONG TERM DISABILITY PREMIUM TELEPHONE CELL PHONE SERVICE DEPARTMENT 160 LT. EMPLOYER PAID LONG TERM DISABILITY PREMIUM OFFICE SUPPLI ENVELOPES OFFICE SUPPLI PROPERTY & INVENTORY REPORT EXPERT & CONS MONTHLY ACCESS TELEPHONE CELL PHONE SERVICE RENTAL-OTHER MONTHLY PAGER LEASE CLOTHING & BA UNIFORM ALLOWANCE MISCELLANEOUS K-9 HOUSING MISCELLANEOUS K-9 PORTRAITS POSTAGE Shipping service CLOTHING & BA UNIFORM-GALLAND CLOTHING & BA UNIFORM V SCHARFE DEPARTMENT 201 POLICE BANK: GEN CHECK# 000000 000000 TOTAL: 000000 000000 TOTAL: 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: AMOUNT 46.06 267.56 31.24 163.56 194.80 458.97 78.81 109.70 110.00 1,299.62 264.14 43.66 60.00 133.12 6.01 25.51 451.03 3,040.57 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: fUND 101 JEPARTMENT: 230 REGULAR DEPARTMENT PAYMENT REGISTER GENERAL BUDGET TO USE: BUILDING & INSPECTIONS CB-CURRENT BUDGET iTENDOR NAME ITEM # ==================================================================================================================================== 40.00 1 -00001 CITY OF HASTINGS 1-200510130006 1 -04730 KEVIN BENSHOOF 1-200510130008 1 -22350 FORTIS BENEFITS INS CO I-OCT I-OCT 1 -34198 INTL CODE COUNCIL INC 1-200510130010 1 -52795 NEXTEL COMMUNICATIONS 1-465427521-017 L -00001 CITY OF HASTINGS 1-200510130006 L -06385 BOYER FORD TRUCKS I-47976SP I-48289SP 1-785736 L -20110 FARMERS UNION CO-OP ASS 1-54903 L -20698 FERRELLGAS 1-519156 L -22350 FORTIS BENEFITS INS CO I-OCT I-OCT -28150 HASTINGS FORD-JEEP-EAGL 1-69771 _ -44646 LEAGUE OF MN CITIES 1-1-000023462 _ -45400 LITTLE FALLS MACHINE IN 1-00034276 . -49365 MN DEPT/LABOR & INDUSTR I-B42 351R072115I G/L ACCOUNT NAME 101-230-2301-6323 101-230-2301-6325 101-230-2301-6134 101-230-2302-6134 101-230-2301-6433 101-230-2301-6321 101-300-3200-6354 101-300-3200-6221 101-300-3200-6221 101-300-3200-6221 101-300-3200-6212 101-300-3200-6216 101-300-3100-6134 101-300-3200-6134 101-300-3200-6353 101-300-3200-6323 101-300-3200-6221 101-300-3200-6353 DESCRIPTION CONFERENCE & Meetings TRANSPORTATIO KEVIN BENSHOOF EMPLOYER PAID LONG TERM DISABILITY PREMIUM EMPLOYER PAID LONG TERM DISABILITY PREMIUM DUES,SUBSCRIP CERTIFICATION RENEWAL TELEPHONE CELL PHONE SERVICE DEPARTMENT 230 BUILDING & INSPECTIONS REPAIRS & MAl Vehicle Tabs PAGE: BANK: GEN CHECK# 000000 000000 000000 000000 000000 000000 TOTAL: 000000 EQUIPMENT PAR Sender, Connector, Gasket, Mud 000000 EQUIPMENT PAR Pulley, Disc 000000 EQUIPMENT PAR EXHAUST PIPE 000000 MOTOR FUEL & GREASE CHEMICALS & C Propane EMPLOYER PAID LONG TERM DISABILITY PREMIUM EMPLOYER PAID LONG TERM DISABILITY PREMIUM REPAIRS & MAl Pad CONFERENCE & CHAINSAW SAFETY EQUIPMENT PAR Hitch Parts REPAIRS & MAl COMPRESSOR CERTIFICATION 000000 000000 000000 000000 000000 000000 000000 000000 4 AMOUNT 29.10 78.61 12.96 50.00 321.77 532.44 11.00 83.42 96.78 74.48 85.86 72 .42 88.88 107.25 49.35 50.00 59.83 40.00 10/13/2005 10:58 AM ?ACKET: 00024 Regular Payments IENDOR SET: 1 REGULAR DEPARTMENT PAYMENT REGISTER fUND 101 GENERAL JEPARTMENT: 300 3UDGET TO USE: PUBLIC WORKS CB - CURRENT BUDGET IENDOR ITEM # NAME 1 -50360 MOTOR PARTS SERVICE CO 1-86748 1-86928 1-87021 1-87024 1-87135 1-87330 1-87423 1-87474 1 -52795 NEXTEL COMMUNICATIONS 1-465427521-017 1-465427521-017 1 -53310 NIEBUR IMPLEMENT CO 1-69761 L -56268 OBRIEN, JOE CHEVROLET 1-43483 1-43883 l -62700 PRAXAIR DISTRIBUTION-44 1-651085 -70400 ROO EQUIPMENT / POWER P 1-171061 . -76750 TERRYS ACE HARDWARE 1-000186/1 _ -82152 UNLIMITED SUPPLY INC 1-05090781 1-05100053 . -17799 ELECTRO WATCHMAN, INC 1-36002 . -22350 FORTIS BENEFITS INS CO I -OCT . -30276 HOFFMAN-MCNAMARA 1-3273 G/L ACCOUNT NAME PAGE: 5 BANK: GEN DESCRIPTION CHECK# AMOUNT 101-300-3200-6212 MOTOR FUEL & FILTERS 000000 14.62 101-300-3200-6212 MOTOR FUEL & SUPPLIES 000000 52.12 101-300-3200-6212 MOTOR FUEL & SUPPLIES 000000 68.24 101-300-3200-6221 EQUIPMENT PAR WRENCH 000000 106.49 101-300-3200-6212 MOTOR FUEL & SUPPLIES 000000 56.74 101-300-3200-6217 OTHER GENERAL MOTOR PARTS SERVICE CO 000000 27.23 101-300-3200-6212 MOTOR FUEL & FILTERS 000000 62.40 101-300-3200-6217 OTHER GENERAL CABLE TIES 000000 52.19 101-300-3100-6321 TELEPHONE CELL PHONE SERVICE 000000 320.29 101-300-3200-6321 TELEPHONE CELL PHONE SERVICE 000000 229.20 101-300-3200-6212 101-300-3200-6353 101-300-3200-6353 101-300-3200-6221 101-300-3200-6221 101-300-3200-6217 101-300-3200-6221 101-300-3200-6221 101-401-4143-6310 101-401-5002-6134 101-401-5002-6348 MOTOR FUEL & Oil 000000 11.44 REPAIRS & MAl Hub REPAIRS & MAl Battery 000000 000000 227.18 73.38 EQUIPMENT PAR Blade 000000 135.24 EQUIPMENT PAR Fuel Pump, Gasket 000000 45.05 OTHER GENERAL Supplies 000000 38.71 EQUIPMENT PAR Nuts & bolts EQUIPMENT PAR NUTS/WASHERS 000000 000000 31.73 152.74 DEPARTMENT 300 PUBLIC WORKS TOTAL: 2,524.26 MAINTENANCE C Senoir Center Alarm Service 000000 57.51 EMPLOYER PAID LONG TERM DISABILITY PREMIUM 000000 8.34 REFORESTATION Memorial tree 000000 163.33 DEPARTMENT 401 ** INVALID DEPT ** TOTAL: 229.18 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 101 GENERAL DEPARTMENT: 600 MISCELLANEOUS BUDGET TO USE: CB-CURRENT BUDGET iTENDOR ITEM # NAME 1 -44647 LEAGUE/MN CITIES INS TR I-0200059819 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-600-6001-6337 DESCRIPTION INSURANCE-GEN EGGERT/ DEDUCTIBLE DEPARTMENT 600 VENDOR SET 101 MISCELLANEOUS GENERAL BANK: GEN CHECK# 000000 TOTAL: TOTAL: PAGE: 6 AMOUNT 32.40 32.40 21,068.97 REGULAR DEPARTMENT PAYMENT REGISTER 10/13/2005 10:58 AM ~ACKET: 00024 Regular Payments iTENDOR SET: 1 roND 200 PARKS )EPARTMENT: N/A 3UDGET TO USE: NON-DEPARTMENTAL CB - CURRENT BUDGET JENDOR ITEM # ==================================================================================================================================== DESCRIPTION CHECK# AMOUNT NAME 1 -94360 YOCUM OIL CO INC 1-754437 1-754438 L -04048 BAHLS SERVICE I-CT63308 t -04750 BARRY BERNSTEIN 1-200510130013 L -20130 FASTENAL COMPANY I-MNHAS2520 L -22350 FORTIS BENEFITS INS CO I-OCT l -24760 GERLACH SERVICE,INC. 1-98098 l -26348 GORDYS GLASS I-W024485 l -44646 LEAGUE OF MN CITIES 1-1-000023267-1 1-1-000023463 l -52240 NATURE CALLS INC 1-9705 L -52795 NEXTEL COMMUNICATIONS 1-465427521-017 -73168 SHERWIN-WILLIAMS 1-3685-7 ,-76750 TERRYS ACE HARDWARE 1-1936 1-2007 1-2034 1-2170 1-2199 1-3084 1-3117 1-3155 1-3161 1- 342 0 G/L ACCOUNT NAME 200-401-4101-1501 200-401-4101-1501 200-401-4101-6353 200-401-4101-6324 200-401-4101-6226 200-401-4101-6134 200-401-4101-6353 200-401-4101-6353 200-401-4101-6323 200-401-4101-6323 200-401-4101-6365 200-401-4101-6321 PAGE: 7 BANK: GEN FUEL INVENTOR Diesel Fuel-300 gallons FUEL INVENTOR Unleaded Fuel-603.9 gallons 000000 000000 929.57 1,455.63 DEPARTMENT NON-DEPARTMENTAL TOTAL: 2,385.20 REPAIRS & MAl Mower Parts 000000 24.11 MILEAGE MILEAGE REIMBURSE 000000 37.40 STREET SIGN/S Fasteners 000000 10.31 EMPLOYER PAID LONG TERM DISABILITY PREMIUM 000000 91.57 REPAIRS & MAl Mower Blade 000000 32.61 REPAIRS & MAl Mirror for pickup truck 000000 24.50 CONFERENCE & CONFERENCE & SAFETY MEETING SMITH CHAIN SAW CONF 15.00 50.00 000000 000000 RENTAL-MACHIN PORTABLE TOILET RENTAL 000000 285.90 TELEPHONE CELL PHONE SERVICE 000000 504.58 200-401-4101-6356 UPKEEP OF GRO Masking Tape 000000 60.19 200-401-4101-6353 REPAIRS & MAl Field painter repair parts 000000 2.33 200-401-4101-6356 UPKEEP OF GRO mailbox/vinyl letters 000000 12.11 200-401-4101-6350 REPAIRS & MAl Hose bib repair kit 000000 28.74 200-401-4101-6217 OTHER GENERAL Miscellaneous parts 000000 6.74 200-401-4101-6353 REPAIRS & MAl Repair parts 000000 8.71 200-401-4101-6353 REPAIRS & MAl Painter parts 000000 11.15 200-401-4101-6353 REPAIRS & MAl Sprayer parts 000000 6.98 200-401-4101-6353 REPAIRS & MAl Field painter repair parts 000000 4.47 200-401-4101-6353 REPAIRS & MAl Field painter repair parts 000000 0.91 200-401-4101-6350 REPAIRS & MAl Wood Filler 000000 13 .82 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 200 PARKS DEPARTMENT: 401 BUDGET TO USE: PARKS & RECREATION CB - CURRENT BUDGET VENDOR NAME ITEM # ==================================================================================================================================== 72.42 1 -83900 VACKER INC I -413 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 200-401-4101-6450 DESCRIPTION MISCELLANEOUS MEMORIAL BENCH SIGN DEPARTMENT 401 VENDOR SET 200 PARKS & RECREATION PARKS CHECK# TOTAL: TOTAL: PAGE: BANK: GEN 000000 8 AMOUNT 1,304.55 3,689.75 lO/13/2005 10:58 AM ?ACKET: 00024 Regular Payments lENDOR SET: 1 REGULAR DEPARTMENT PAYMENT REGISTER ~UND 201 JEPARTMENT: 401 3UDGET TO USE: ACQUATIC CENTER ** INVALID DEPT ** CB-CURRENT BUDGET IENDOR ITEM It ==;================================================================================================================================= 13.65 NAME t -04682 KRISTIN BEHRENS 1-200510130015 t -22350 FORTIS BENEFITS INS CO I -OCT t -41400 KINEMATICS LTD 1-200510130012 t -52795 NEXTEL COMMUNICATIONS 1-465427521-017 L -76750 TERRYS ACE HARDWARE 1-002529/1 1-3073 1-439 G/L ACCOUNT NAME 201-401-4102-6201 201-401-4102-6134 201-401-4102-6350 201-401-4102-6321 201-401-4102-6214 201-401-4102-6214 201-401-4102-6214 DESCRIPTION OFFICE SUPPLI OVERNIGHT POSTAGE EMPLOYER PAID LONG TERM DISABILITY PREMIUM CHECKIt 000000 000000 REPAIRS & MAl 25% PAYMENT COPING STONE REPR 000000 TELEPHONE CELL PHONE SERVICE RECREATION SU Anit-freeze tape RECREATION SU Pool supplies RECREATION SU Pool supplies DEPARTMENT 401 ** INVALID DEPT ** VENDOR SET 201 ACQUATIC CENTER 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 9 BANK: GEN AMOUNT 19.90 25,962.50 76.41 25.05 8.28 61. 44 26,167.23 26,167.23 10/13/2005 10:58 AM PACKET, 00024 Regular Payments ITENDOR SET: 1 FUND 205 DEPARTMENT: 420 BUDGET TO USE, iTENDOR NAME ==================================================================================================================================== 600.00 1 -03200 PAUL AURAN CABLE TV CABLE CB-CURRENT BUDGET ITEM # 1-200510130016 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 205-420-4201-6311 DESCRIPTION CHECK# EXPERT & CONS 3rd Qtr Mtgs DEPARTMENT 420 VENDOR SET 205 CABLE TOTAL: CABLE TV TOTAL, PAGE: 10 BANK: GEN 000000 AMOUNT 600.00 600.00 10/13/2005 10:58 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 00024 Regular Payments ilENDOR SET: 1 fUND 210 HERITAGE PRESERVATION )EPARTMENT: 170 HERITAGE PRESERVATION 3UDGET TO USE: CB - CURRENT BUDGET JENDOR NAME ITEM It G/L ACCOUNT NAME DESCRIPTION ==================================================================================================================================== AMOUNT l -22350 FORTIS BENEFITS INS CO I -OCT 210-170-1702-6134 EMPLOYER PAID LONG TERM DISABILITY PREMIUM l -73973 CYNTHIA SMITH 1-200510130020 210-170-1704-6324 MILEAGE MILEAGE DEPARTMENT 170 HERITAGE PRESERVATION ------------------------------------------------------------------------------------------------------------------------------------ 33 .68 VENDOR SET 210 HERITAGE PRESERVATION PAGE: 11 BANK: GEN CHECKlt 000000 000000 TOTAL: TOTAL: 1.68 32.00 33.68 10/13/2005 10:58 AM PACKET: 00024 Regular Payments ITENDOR SET: 1 FUND 213 DEPARTMENT: 210 BUDGET TO USE: REGULAR DEPARTMENT PAYMENT REGISTER FIRE & AMBULANCE ** INVALID DEPT ** CB-CURRENT BUDGET iTENDOR NAME ITEM # ==================================================================================================================================== REPAIRS & MAl REPAIR TRUCK 1494 000000 107.78 1 -05340 BIRCHEN ENTERPRISES INC I-S298235 1 -08605 CCP INDUSTRIES INC 1-21162334 1 -17949 EMERGENCY APPARATUS MAl 1-23033 1-23034 1-23035 1-23036 1-23037 1-23038 1-23277 1-23551 L -18510 EQUIPMENT MANAGEMENT CO 1-19862 L -20130 FASTENAL COMPANY C-MNHAS2547 I-MNHAS2535 I-MNHAS2545 I-MNHAS2547 I-MNHAS2572 L -22350 FORTIS BENEFITS INS CO I -OCT L -44646 LEAGUE OF MN CITIES 1-1-000023267 L -49364 MN FIRE SERVICE CERT.BR I-JIM BROWN L -52795 NEXTEL COMMUNICATIONS 1-465427521-017 L -76750 TERRYS ACE HARDWARE 1-002878/1 . -84070 HAGEMAYER NORTH AMERICA 1-8202909 . -000101 MARY GAUGHAN I -200510130024 G/L ACCOUNT NAME 213-210-2100-6354 PAGE: 12 BANK: GEN DESCRIPTION CHECK# AMOUNT 213-210-2100-6211 CLEANING SUPP DISINFECTANT 000000 143.32 213-210-2100-6354 REPAIRS & MAl ANNUAL SERVICE 1480 000000 1,837.38 213-210-2100-6354 REPAIRS & MAl ANNUAL SERVICE 1483 000000 1,457.00 213-210-2100-6354 REPAIRS & MAl ANNUAL SERVICE 1481 000000 836.69 213-210-2100-6354 REPAIRS & MAl ANNUAL SERVICE 1492 000000 200.00 213-210-2100-6354 REPAIRS & MAl ANNUAL SERVICE 1494 000000 268.34 213-210-2100-6354 REPAIRS & MAl ANNUAL SERVICE 1482 000000 971. 50 213-210-2100-6354 REPAIRS & MAl REPAIR 1480 000000 204.47 213-210-2100-6354 REPAIRS & MAl ANNUAL SERVICE 1490 000000 580.00 213-210-2100-6240 213-210-2100-6221 213-210-2100-6221 213-210-2100-6221 213-210-2100-6221 213-210-2100-6221 213-210-2100-6134 213-210-2100-6323 213-210-2100-6311 213-210-2100-6321 213-210-2100-6221 213-210-2100-6221 213-220-2200-6460 SMALL TOOLS & BLADES 000000 323.98 EQUIPMENT PAR CREDIT 000000 EQUIPMENT PAR PARTS FOR TRK 1490 000000 EQUIPMENT PAR MACHINE SCREWS FOR FIRE TRUCKS 000000 EQUIPMENT PAR RESTOCK CHARGE 000000 EQUIPMENT PAR CABLE CUTTERS 000000 114.89- 36.49 7.69 21.58 76.01 EMPLOYER PAID LONG TERM DISABILITY PREMIUM 000000 213.47 CONFERENCE & CONF REG CHUCK PAULSON 000000 15.00 EXPERT & CONS RECERTIFICATION FOR FFI 000000 15.00 TELEPHONE CELL PHONE SERVICE 000000 802.76 EQUIPMENT PAR Shipping service 000000 6.32 EQUIPMENT PAR Snsor 02 for ITX Monitor 000000 161.50 DEPARTMENT 210 ** INVALID DEPT ** TOTAL: 8,171.39 REFUNDS-AMBUL REPLACE CK AMB CALL 20030584 000000 140.48 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 213 DEPARTMENT: 220 BUDGET TO USE: VENDOR NAME ==================================================================================================================================== 000000 66.83 FIRE & AMBULANCE ** INVALID DEPT ** CB-CURRENT BUDGET ITEM # 1 -1 MISCELLANEOUS VENDOR HAROLD FASBENDER I-CALL 20050731 1 -55430 NORTHERN SAFETY TECHNOL 1-7917 1 -62700 PRAXAIR DISTRIBUTION-44 1-639315 1 -68682 REGINA MEDICAL CENTER 1-200510130023 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 213-220-2200-6460 213-220-2200-6221 213-220-2200-6216 213-220-2200-6216 DESCRIPTION REFUNDS-AMBUL REFUND OVERPY EQUIPMENT PAR LIGHTBAR PTS 1462/1463 CHEMICALS & C OXYGEN CHEMICALS & C AMB MEDS SEPT 05 DEPARTMENT 220 ** INVALID DEPT ** VENDOR SET 213 FIRE & AMBULANCE PAGE: 13 BANK: GEN CHECK# AMOUNT 000000 29.42 000000 138.70 000000 50.37 TOTAL: 425.80 TOTAL: 8,597.19 10/13/2005 10:58 AM PACKET: 00024 Regular Payments \TENDOR SET: 1 REGULAR DEPARTMENT PAYMENT REGISTER fUND 401 PARKS CAPITAL PROJECTS ** INVALID DEPT ** CB-CURRENT BUDGET DEPARTMENT: 401 BUDGET TO USE: iTENDOR ITEM # NAME 1 -02820 ARROW BUILDING CENTER 1-2372878 1 -08718 CEMSTONE PRODUCTS CO. 1-354516 1-360786 G/L ACCOUNT NAME 401-401-4133-6590 401-401-4133-6590 401-401-4133-6590 DESCRIPTION CONTRACTORS & Concrete Forms CONTRACTORS & Concrete benches-Vet's Park CONTRACTORS & Concrete Benches-Vet's Park DEPARTMENT 401 ** INVALID DEPT ** VENDOR SET 401 PARKS CAPITAL PROJECTS CHECK# 000000 000000 000000 TOTAL: TOTAL: PAGE: 14 BANK: GEN AMOUNT 81.66 519.29 561.98 1,162.93 1,162.93 10/13/2005 10:58 AM PACKET: 00024 Regular Payments ilENDOR SET: 1 fi'UND JEPARTMENT: 300 3UDGET TO USE: vENDOR NAME ==================================================================================================================================== 000000 2,655.72 403 EQUIPMENT REVOLVING ** INVALID DEPT ** CB-CURRENT BUDGET ITEM It 1 -58945 OTTO EXCAVATING, INC. 1-2948 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 403-300-3200-6590 DESCRIPTION CONTRACTORS & POND OUTLET FOR SALT SHED DEPARTMENT 300 VENDOR SET 403 ** INVALID DEPT ** EQUIPMENT REVOLVING PAGE: 15 BANK: GEN CHECK# AMOUNT TOTAL: 2,655.72 TOTAL: 2,655.72 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 404 DEPARTMENT: 500 BUDGET TO USE: HRA REDEVELOPMENT ** INVALID DEPT ** CB-CURRENT BUDGET VENDOR NAME ITEM #: :=================================================================================================================================== 1 -22350 FORTIS BENEFITS INS CO I-OCT 1 -26806 GROSSMAN, JOHN 1-200510130014 1-200510130014 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 404-500-6003-6134 404-500-6003-6324 404-500-6003-6325 DESCRIPTION EMPLOYER PAID LONG TERM DISABILITY PREMIUM MILEAGE MILEAGE TRANSPORTATIO PARKING DEPARTMENT 500 ** INVALID DEPT ** PAGE: 16 BANK: GEN CHECK# AMOUNT 000000 15.64 000000 000000 140.55 5.00 TOTAL: 161.19 ------------------------------------------------------------------------------------------------------------------------------------ VENDOR SET 404 HRA REDEVELOPMENT TOTAL: 161.19 10/13/2005 10:58 AM PACKET: 00024 Regular Payments iTENDOR SET: 1 ?UNO 407 JEPARTMENT: 180 3UDGET TO USE: REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 INDUSTRIAL PARK CONST ** INVALID DEPT ** BANK: GEN CB-CURRENT BUDGET JENDOR NAME ITEM It G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ==================================================================================================================================== L -22350 FORTIS BENEFITS INS CO I -OCT 407-180-1502-6134 EMPLOYER PAID LONG TERM DISABILITY PREMIUM 000000 3.33 DEPARTMENT 180 ** INVALID DEPT ** TOTAL: 3.33 ------------------------------------------------------------------------------------------------------------------------------------ VENDOR SET 407 INDUSTRIAL PARK CONST TOTAL: 3.33 10/13/2005 10:58 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 00024 Regular Payments ITENDOR SET: 1 FUND 493 2003 IMPROVEMENT PROJECTS DEPARTMENT: 300 BUDGET TO USE: ** INVALID DEPT ** BANK: GEN CB - CURRENT BUDGET iTENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 1 -10325 CONTRACTORS EDGE INC I-EST #13 493-300-3608-6590 CONTRACTORS & RSO FINAL 000000 2,771.47 I - EST #13 493-300-3608-6590 CONTRACTORS & RSO FINAL 000000 2,818.23 I-EST #13 493-300-3608-6590 CONTRACTORS & RSO FINAL 000000 1,896.29 I-EST #13 493-300-3608-6590 CONTRACTORS & RSO FINAL 000000 69,973.41 DEPARTMENT 300 ** INVALID DEPT ** TOTAL: 77,459.40 VENDOR SET 493 2003 IMPROVEMENT PROJECTSTOTAL: 77,459.40 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 495 DEPARTMENT: 300 BUDGET TO USE: VENDOR NAME REGULAR DEPARTMENT PAYMENT REGISTER 2005 IMPROVEMENT PROJECTS ** INVALID DEPT ** CB-CURRENT BUDGET ITEM # 1 -48193 MAX STEININGER INC 1-#1 1 -60690 PEMBER EXCAVATING INC 1-200510130022 I-PAY EST #3 1 -92700 XCEL ENERGY 1-79453242 G/L ACCOUNT NAME 495-300-3612-6311 495-300-3612-6311 495-300-3612-6311 495-300-3612-6311 DESCRIPTION EXPERT & CONS 2005-3 SO FRONTAGE RD EXPERT & CONS 2005-1 DAKOTA HILLS PAY EST 3 EXPERT & CONS ZWEBER LANE 2005-2 EXPERT & CONS LIGHTPOLE RELOCATION DEPARTMENT 300 ** INVALID DEPT ** VENDOR SET 495 2005 IMPROVEMENT PROJECTSTOTAL: CHECK# 000000 000000 000000 000000 TOTAL: PAGE: 19 BANK: GEN AMOUNT 129,986.00 391,615.35 25,117.88 1,002.61 547,721.84 547,721.84 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 600 DEPARTMENT: 300 BUDGET TO USE: REGULAR DEPARTMENT PAYMENT REGISTER WATER ** INVALID DEPT ** CB-CURRENT BUDGET VENDOR ITEM # NAME 1 -01790 ALL STAR WIRELESS 1-111031001495 1 -04756 BERRY COFFEE 1-519014 1 -12023 DPC INDUSTRIES, INC. 1-82701404-05 1 -22350 FORTIS BENEFITS INS CO I -OCT 1 -44646 LEAGUE OF MN CITIES 1-1-000023267-1 1 -50353 MOSENG, PATRICK DAVID 1-11571 1 -52175 NATL WATERWORKS 1-2794914 1 -52795 NEXTEL COMMUNICATIONS 1-465427521-017 L -53395 NINE EAGLES PROMOTIONS 1-10581 L -56268 OBRIEN, JOE CHEVROLET 1-41975 1-43444 L -79578 TWIN CITY WATER CLINIC 1-1900 L -97050 ZGODA, JOHN 1-200510130021 1-200510130021 1-200510130021 G/L ACCOUNT NAME 600-300-3300-6321 600-300-3300-6217 600-300-3300-6216 600-300-3300-6134 600-300-3300-6323 600-300-3300-6350 600-300-3300-6241 600-300-3300-6321 600-300-3300-6218 600-300-3300-6354 600-300-3300-6354 600-300-3300-6312 600-300-3300-6323 600-300-3300-6325 600-300-3300-6212 DESCRIPTION TELEPHONE BATTERIES OTHER GENERAL Coffee CHEMICALS & C HFS EMPLOYER PAID LONG TERM DISABILITY PREMIUM CONFERENCE & SAFETY MEETING ZGODA REPAIRS & MAl LABOR/LOCK SET METERS FOR RE Mts,Gskts,Flngs kits, MXU TELEPHONE CELL PHONE SERVICE CHECK# 000000 000000 000000 000000 000000 000000 000000 000000 CLOTHING & BA SHIRTS/JACKETS/LOGOS SCHLOEGEL 000000 REPAIRS & MAl Guards REPAIRS & MAl Pad Kit TESTING SERVI BACTERIA ANALYSIS 09/05 CONFERENCE & CONFERENCE TRANSPORTATIO PARKING MOTOR FUEL & OTHER DEPARTMENT 300 ** INVALID DEPT ** VENDOR SET 600 WATER 000000 000000 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 20 BANK: GEN AMOUNT 175.57 45.00 501.13 90.62 15.00 436.31 14,701.50 361.24 250.00 72 .42 110.26 160.00 295.05 6.00 30.01 17,250.11 17,250.11 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 601 DEPARTMENT: 300 BUDGET TO USE: WASTEWATER ** INVALID DEPT CB-CURRENT BUDGET VENDOR NAME ITEM It ==================================================================================================================================== AMOUNT 1 -06735 BRAUN PUMP & CONTROL IN 1-8454 1 -10313 COLT ELECTRIC INC. 1-3612 1 -22350 FORTIS BENEFITS INS CO I-OCT 1 -34160 INFRATECH 1-0502553 1 -48768 MCES 1-0000808557 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 601-300-3400-6353 601-300-3400-6353 601-300-3400-6134 601-300-3400-6357 601-300-3400-6366 DESCRIPTION REPAIRS & MAl LIFT STATION REPAIRS REPAIRS & MAl LIFT STATION REPAIR EMPLOYER PAID LONG TERM DISABILITY PREMIUM REPAIRS & MAl Televising METRO WASTE C WASTEWATER SERVICE 11/05 DEPARTMENT 300 ** INVALID DEPT ** CHECK# 000000 000000 000000 000000 000000 TOTAL: PAGE: 21 BANK: GEN 3,633.54 3,247.30 42.68 340.00 71,824.59 ------------------------------------------------------------------------------------------------------------------------------------ 79,088.11 VENDOR SET 601 WASTEWATER TOTAL: 79,088.11 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 610 TRANSIT DEPARTMENT: 107 BUDGET TO USE: ** INVALID DEPT ** CB - CURRENT BUDGET VENDOR ITEM # NAME 1 -06385 BOYER FORD TRUCKS I-48664SP 1 -22350 FORTIS BENEFITS INS CO I-Ocr I-Ocr 1 -52795 NEXTEL COMMUNICATIONS 1-465427521-017 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 610-107-1075-6221 610-107-1074-6134 610-107-1073-6134 610-107-1073-6321 DESCRIPTION EQUIPMENT PAR BUSHING-T-4 EMPLOYER PAID LONG TERM DISABILITY PREMIUM EMPLOYER PAID LONG TERM DISABILITY PREMIUM TELEPHONE CELL PHONE SERVICE DEPARTMENT 107 ** INVALID DEPT ** VENDOR SET 610 TRANSIT CHECK# 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 22 BANK: GEN AMOUNT 20.49 37.65 13 .52 125.27 196.93 196.93 10/13/2005 10,58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 615 ARENA DEPARTMENT: 401 BUDGET TO USE: *. INVALID DEPT .* CB-CURRENT BUDGET \lENDOR ITEM # ==================================================================================================================================== AMOUNT NAME 1 -04652 BECKER ARENA PRODUCTS,I 1-52340 1-52441 1-52579 1 -14270 DOERERS GENUINE PARTS 1-148749 1-148807 1 -22350 FORTIS BENEFITS INS CO I-OCT l -52795 NEXTEL COMMUNICATIONS 1-465427521-017 L -73168 SHERWIN-WILLIAMS 1-7106-0 . -76750 TERRYS ACE HARDWARE 1-2563-1 1-2594-1 1-2731 1-3418 1-3499 1-3519 1-3559 1-3682 1-3835 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 615-401-4103-6350 615-401-4103-6350 615-401-4103-6350 615-401-4103-6353 615-401-4103-6353 615-401-4103-6134 615-401-4103-6321 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 615-401-4103-6217 DESCRIPTION CHECK# PAGE: 23 BANK: GEN 259.86 882.53 83.87 24.46 94.12 51.46 151.60 29.77 23.42 15.07 5.30 12.74 3.50 51.63 59.61 10.29 12.31 ----------------------------------------------------------------------------------------------------------------------------------- 1,771.54 REPAIRS & MAl 1 set of goal nets, 1 skirt REPAIRS & MAl BRACKETS/BENCH FOR REF'S ROOM REPAIRS & MAl ADHESIVE FOR MATS 000000 000000 000000 REPAIRS & MAl OIL SEAL/BEARING SET REPAIRS & MAl 2 HYD FILTERS 000000 000000 EMPLOYER PAID LONG TERM DISABILITY PREMIUM 000000 TELEPHONE CELL PHONE SERVICE 000000 OTHER GENERAL LITE GRAY PAINT 000000 OTHER GENERAL Screw self tap 000000 OTHER GENERAL 5 drill bites 000000 OTHER GENERAL 2 bowl cleaners 000000 OTHER GENERAL 4 pk blades 000000 OTHER GENERAL Ajust leg screw 000000 OTHER GENERAL 2 shovels 000000 OTHER GENERAL Rug Doc & solution 000000 OTHER GENERAL 4 recipacal blades 000000 OTHER GENERAL 2 recip blades, 2 grinde stone 000000 DEPARTMENT 401 ** INVALID DEPT ** TOTAL: VENDOR SET 615 ARENA TOTAL: 1,771.54 10/13/2005 10:58 AM PACKET: 00024 Regular Payments VENDOR SET: 1 FUND 620 HYDRO ELECTRIC DEPARTMENT: 300 ** INVALID DEPT ** CB-CURRENT BUDGET BUDGET TO USE: VENDOR NAME ITEM # ==================================================================================================================================== AMOUNT 1 -22350 FORTIS BENEFITS INS CO I -OCT 1 -25760 GLENWOOD INGLEWOOD CO 1-1039249 1 -48338 MCCABES COMMERCIAL DIVI 1-677 1 -94360 YOCUM OIL CO INC 1-124913 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 620-300-3500-6134 620-300-3500-6217 620-300-3500-6350 620-300-3500-6212 DESCRIPTION EMPLOYER PAID LONG TERM DISABILITY PREMIUM OTHER GENERAL Cooler Rental REPAIRS & MAl DIVING MOTOR FUEL & Oil, Drum Deposit DEPARTMENT 300 ** INVALID DEPT ** CHECK# 000000 000000 000000 000000 TOTAL: PAGE: 24 BANK: GEN 16.05 7.46 1,600.00 451. 32 ------------------------------------------------------------------------------------------------------------------------------------ 2,074.83 VENDOR SET 620 HYDRO ELECTRIC TOTAL: REPORT GRAND TOTAL: 2,074.83 789,702.75 October 17, 2005 APPROVED: City Administrator Mayor Werner VI-2 TO: FROM: DATE: RE: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator October 12, 2005 Amusement Device License Renewals Council Action Reauested: Approve the following list of organizations for amusement device license renewals for the 2005- 2006. Backaround Information: These licenses apply for games of skill, juke boxes, coin amusements, and game tables. All applicants have submitted their information and required fees in a timely manner; however, due to my recent absence, this was not brought before the City Council for official action. American Le ion The Bar Bierstube The Busted Nut Coliseum DuGarel's Ea les Pa a Charrito's Rivers Grill & Bar RJ's VFW Post 1210 Wal-Mart Game of Skill 1 2 o 1 o 1 3 1 3 1 3 3 Amusement o o 2 2 1 3 o o 1 1 o 3 Jukebox 1 1 1 o 1 o 1 1 1 1 1 o Game Table o 2 o o 2 1 2 o 4 2 1 o The licenses will be in effect through August 31, 2006. If you have any questions, please do not hesitate to contact me. VI-3 MEMORANDUM To: From: Date: Re: Mayor Werner & City Councilmembers Melanie Mesko Lee, Assistant City Administrator October 12, 2005 Currency Exchange Application Council Action Reauested: Order a public hearing for November 7, 2005 to consider approving a renewal of a currency exchange license for Wal-Mart. Backaround Information: The City has received an application from the Minnesota Department of Commerce, from Wal-Mart to renew their currency exchange business at the Hastings location. While currency exchange is not specifically addressed in our code book, MN State Statute 53A.04 (s) requires that a local jurisdiction hold a public hearing and adopt a resolution either approving or denying the request. There is no corresponding City license or fee that goes along with this request. Following a public hearing, should the Council choose to approve this request, the appropriate resolution and supporting paperwork will be sent up to the State Department of Commerce. The Council first approved the license in 2003 and renewed the license in 2004. The Council also approved a similar request in 1994 for Dakota Currency Exchange to operate at 275 West 33rd Street. If you have any questions, please do not hesitate to let me know. Attachments: Public Hearing Notice Notice of Public Hearing Notice is hereby given that the City Council of the City of Hastings will hold a public hearing on Monday, November 7, 2005 at 7:00 p.m. to consider a request by Wal-Mart to renew their license to operate a currency exchange business at their Hastings location, 1752, North Frontage Road, Hastings, MN. Oral and written comments will be received. All who are interested are encouraged to attend and be heard. Ordered by the City Council of the City of Hastings on October 17, 2005 Dated: October 18, 2005 Melanie Meslko Lee Assistant City Administrator/City Clerk e-mailed to Hastings Star Gazette on October 18, 2005 for publication on October 20, 2005 VI-4 MEMORANDUM To: From: Date: Re: Mayor Werner & City Councilmembers Melanie Mesko Lee, Assistant City Administrator October 12, 2005 Elected Officials' Travel Policy Council Action Reauested Approve the attached travel policy for elected officials. Backaround Information: A recent state law amendment requires municipalities to formally adopt a travel policy for elected officials by January 1 , 2006. The attached policy is based on current travel policy for employees as well as a model policy developed by the League of Minnesota Cities. Please feel free to contact me if you have any questions. City of Hastings' Travel Policy For Elected Officials Traveling Out of the State of Minnesota Purpose The City of Hastings recognizes that its elected official may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy has been developed which sets forth the conditions under which out-of-state travel will be reimbursed by the City. Guidelines 1. The event, workshop, conference or assignment must be approved in advance by a resolution of the Hastings City Council and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: . Whether the elected official will be receiving training on issues relevant to the city or to his or her role as an elected official for the City of Hastings; . Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. . Whether the elected official will be viewing a city facility/function which is similar in nature to one that the City is currently operating, or is under consideration by the City or, where the purpose of the trip is to study a facility/function in order to bring back ideas for the consideration of the full council. · Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister-city" relationship. · Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. · Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The City of Hastings may make payments in advance for airfare, lodging and registration if specifically approved by the City Council. Otherwise, all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. The City of Hastings may amend or revise this policy at any time as it determines necessary. Adopted by the City Council of the City of Hastings, this _ day of , 2005. ~ichael VVerner,~ayor Melanie Mesko Lee, Assistant City Administrator/City Clerk VI-5 PROCLAMA TION City of Hastings Declaring November 15,2005 as Ebba Hoffman Day In the City of Hastings WHEREAS, on November 15, 1955 Ebba Hoffman assumed leadership at Smead Manufacturing Company in Hastings Minnesota; and WHEREAS, Ebba Hoffman turned the company from a small, family-owned business to one which is now a leader in the office products industry; and WHEREAS, throughout her years at both Smead and in the City of Hastings she was known for her philanthropic vision; and WHEREAS, organizations within the City of Hastings, along with other charitable organizations, have been and continue to be recipients of Ebba's commitment to philanthropy. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, that November 15, 2005 is hereby declared EBBA HOFFMAN DAY I n the City of Hastings Adopted by the Hastings City Council this 17th Day of November, 2005 Michael D. Werner Mayor Melanie Mesko Lee Assistant City Adm in istrator/City Clerk The Legacy of High Heels High Ideals RECE\\JEO 7QG~! September 28, 2005 Melanie Mesko Lee City of Hastings 101 4th Street East Hastings, MN 55033 Dear Melanie, Please consider this formal request to proclaim November 15,2005 as "Ebb a Hoffman Day" in the city of Hastings. Fifty years ago, on that day, Ebba Hoffman assumed leadership at Smead Manufacturing Company, a relatively small, struggling family-owned business. Ebba turned the company around and help mold it into what it is today, one of the leaders in the office products industry. One of the many marks Ebba left at both Smead and in the city of Hastings was her philanthropic vision. Since her passing, Smead has continued to be has been an unwavering supporter of Ebba's stewardship toward Smead's home town of Hastings as well as many other charitable organizations. When Ebba stepped down on July 1, 1998, she placed the leadership in the very capable hands of her daughter, Sharon Avent. Sharon built on her mother's success and navigated the company into the global market. Together Ebba and Sharon have grown Smead to be the second largest women-owned business in Minnesota and amongst the tops in the nation. Thank you for your time and consideration, MEMO VI.6 To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery October 13,2005 Resolution - Order Public Hearing for Supplemental Assessment, 2003 Riverwood and South Oaks Development Improvements Council is requested to adopt the enclosed resolution ordering a public hearing for November 7th for a supplemental assessment of the 2003 Riverwood and South Oaks development improvements. The supplemental assessment would result in an 8.44% reduction in the assessments that were adopted last year. Last year's assessments were based on estimates as the construction was not completed due to delays caused by the developer not completing the site grading on time and adding two additional streets to the project. A final tally of the construction costs completed this year showed that the developments were overassessed 8.44% of the actual project costs; a total overassessment of just under $300,000. One of the developers, Greg Jablonske, has requested that last year's assessment be revised to reflect actual costs. - em OF HASTIN6S Resolution No.: HASTINGS CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS SETTING A PUBLIC HEARING ON THE PROPOSED SUPPLEMENTAL ASSESSMENT FOR PROPERTY LOCATED IN THE 2003 RIVER WOOD- SOUTH OAKS-CENTURY SOUTH IMPROVEMENT AREA Dated: October 17, 2005 Council Member adoption: introduced the following Resolution and moved its WHEREAS, a Resolution was passed by the Hastings City Council on , to specially assess the costs for construction of the improvements in the 2003 Riverwood - South Oaks-Century South improvement area; and WHEREAS, at the time that assessment was levied, the City did not have all of the final cost information and had to make estimates; and WHEREAS, subsequent to levying that assessment, the City received the final cost numbers which were lower than the estimates used for the assessments; and WHEREAS, the revised numbers showed that the properties in the 2003 Riverwood-South Oaks-Century South improvement area were assessed in an amount in excess of the final costs of construction; and WHEREAS, the City wishes to reduce the assessments in the 2003 Riverwood - South Oaks- Century South improvement area to reflect these more accurate final numbers. NOW, THEREFORE, BE IT RESOLVED BY THE HASTINGS CITY COUNCIL AS FOLLOWS: 1. A public hearing will be held on November 7,2005 at 7:00 p.m. at Hastings City Hall, 101 East 4th Street in Hastings to pass upon such proposed supplemental assessment. At such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such supplemental assessment. 2. The City Clerk is hereby directed to publish a notice of the hearing on the proposed supplemental assessment once in the City's official newspaper at least two weeks prior to the public hearing. This public hearing notice shall provide the total cost of the supplemental assessment. This notice shall also be mailed to the owner of each parcel affected by the supplemental assessment not less than two weeks prior to the public hearing. Council Member moved a second to the foregoing Resolution and upon being put to a vote, this Resolution was unanimously adopted by all council members present. Whereupon, the Mayor declared the Resolution to be duly passed. CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: Michael D. Wemer, Its Mayor ATTEST: Melanie Mesko Lee, Assistant City Administrator (SEAL) MEMORANDUM I VI-7 To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator/City Clerk October 12, 2005 Resolution- Application for Gambling Premises for Hastings Hockey Boosters at Hastings Civic Arena Recommended City Council Action: Approve the attalched Resolution, authorizing the Hastings Hockey Boosters to conduct a raffle on January 1S, 200". Backaround: Application has been received from the Hastings Hockey Boosters to conduct a raffle on January 1S, 200S at the Hastings Civic Arena. Per Hastings City Code, Section S.80, Subd. 78, a $10.00 application fee is required. Additionally the applicant has stated that the total value of the prizes to be raffled are not to exceed $4,2S0 (maximum value of $SO,OOO in a calendar year). The applicant is submitting their S01(c)3 information regarding their non-profit status. 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. Should you have any concerns or questions, please do not hesitate to contact me. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 10-_-05 RESOLUTION APPROVING THE REQUEST & APPLICATION FOR THE HASTINGS HOCKEY BOOSTERS TO CONDUCT A RAFFLE WHEREAS, the Hastings Hockey Boosters has presented an application to the City of Hastings to conduct a raffle on January 15, 2006 at the Hastings Civic Arena; and WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed approving the request; and WHEREAS, the application for Exemption from lawful Gambling license has been presented; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Gaming, Gambling Control Division, showing the approval of this application for an Exemption from Lawful Gambling License. The motion for the adoption of the foregoing resolution was duly seconded after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: 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 Administrator/City Clerk (SEAL) VI-8 To: From: Date: Re: Ma'yor Werner and City Councilmembers Tom Bakken October 17, 2005 Education Approval Reauested Action Approve an education opportunity to send Dawn West, the City's Code Enforcement Officer, to the Property Maintenance Code at the University of Wisconsin in Madison for training. Background The 3 days of education is taught by experts in the fields of Code Enforcement and Housing Inspections. The curriculum teaches how to make informed decisions, effective field inspections using technical aspects upon which the code is based. Taught are how to follow good inspection and enforcement techniques. Learn basic indoor health requirements, pest control, exterior conditions, plumbing, electrical, heating, and ventilation. Legal aspects of code enforcement from the field inspection through court systems. This course is designed to benefit rental housing and property code inspectors, building inspectors, housing and redevelopment authority employees, housing inspectors-in-training, health officials, code enforcement managers, and all others responsible for enforcing housing standards. I believe this course will be very beneficial to our code enforcement officer, to our department, and to the City of Hastings. Code enforcement is a critical area of enforcement for any city and must be enforced with knowledge of proper procedures and legal aspects. VI-9 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION DECLARING COSTS To BE ASSESSED FOR THE 2004 WESTWOOD AREA RECONSTRUCTION, 2004 31 ST STREET RECONSTRUCTION AND 2004 10m STREET & HWY 61 IMPROVEMENTS, AND ORDERING A PUBLIC HEARING ON THE PROPOSED ASSESSMENTS FOR THESE IMPROVEMENTS WHEREAS, contracts have been let and the improvements constructed for the above referenced projects; WHEREAS, the total cost of said improvements is $5,915,360.23 and of this cost $1,648,082.77 is proposed to be assessed, and WHEREAS, the City Engineer is directed to complete the preparation of the proposed assessment roll for the above mentioned projects, and upon completion, deliver copies of the proposed assessment roll to the City Council, retaining a copy to be filed in his office for public inspection; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: I. The amount to be specially assessed is hereby declared to be $1 ,648,082.77. II. A hearing shall be held on Monday, November 7,2005 at the City Council Chambers in the Hastings City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place, all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. III. The City Engineer is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official paper. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 17th DAY OF OCTOBER, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk SEAL r---- 0 0 0 0 0 0 0 0 t") 0 0 0 CD C\I 0 0 ~ 0 0 0 0 0 0 ... l.O 0 It) en 0 0 q q ('II 0 0 II? .,.... ID t'! U? 0 0 0 0 It) 0 e ;: t...: cD a> lli u; cD I() OJ lli tri ci C\I N cD .... .,.... ci ci ci ci ci r..: ci U) = 1'- .... .,.... (") 0 (0 (") C\I r-- '''It CO (D 0 IX) It) 0) (D ~ I() 0 0 C') 0 - IX) '<t I() V ~ ~ C') C") ,.... fh C\!. 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CD 01 ...... 01 ,J:>. 0) r\) 01 (.0) 0) :J .. '1J m co (1) ..". U'I o - ..". U'I 10/10/2005 MON 14:23 FAX 15072783650 Contractors Edge, Inc. ~ 001/001 ~ Contractors IIJ Edge, Inc. - - .. -"""~<-""- ... ...... . ...~ 23318 North Riverfront Drive Mankato. MN 56001 (507) 388-.8287 . Fax (507) 388-8601 FAX COVER SHEET To: . · tfompany: ~ d-tjGl.Sri~ Fax Number: . (lDlQ0..131-ILD';24 From: ~J(11n Date: IO~ . Time: Number of Pages (including cover sheet): QrJ: ZD03.12.IVeY:wO()(J SiS1tl[)O()~~ tt _~ dQ1fci o mllll(S , .\ '. Memo VI-14 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 17, 2005 Subject: Authorize Publication for Planning Commission Vacancies REQUEST The City Council is asked to authorize publication for two upcoming Planning Commission vacancies. Planning Commission Chair Dan Greil, and Vice-Chair Barb Hollenbeck will both step down from the commission at the end of 2005 due to term limits. Notice will be posted in the Hastings Star Gazette, KDW A Radio, city website, and city newsletter. VI-IS MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 13,2005 Declaration of Excess Property and Authorization to Return Decorative Deer to MHS RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action declaring two pieces of cast iron lawn ornaments (deer) as excess and authorize their return to the Minnesota Historical Society. BACKGROUND Staffhas enclosed an email from Dakota County Historical Society Executive Director Chad Roberts outlining the situation with the lawn ornaments (deer), and the recommendation that they be returned to the Minnesota Historical Society. The situation has been discussed at Department Head meetings, and the City has no interest in retaining the lawn ornaments, and thus would recommend their return to MRS. Dave Osberg From: Sent: To: Subject: Roberts, Chad [Chad.Roberts@CO.DAKOTA.MN.US] Tuesday, September 27, 2005 10:02 AM Dave Osberg LeDuc - Deer Dave, The objects we discussed on the phone that should go to MHS are two pieces of cast iron lawn ornaments in the shape of deer. These were gifted to MHS by Carroll Simmons but were never removed from the LeDuc property. MHS inadvertantly failed to include the deer as an exception in the transfer agreement for the LeDuc. Because the deer were and are located in the storage shed on the property, MHS actually gifted the deer to the city though this was not their intent. These deer have little or no interpretive value at LeDuc. As MHS still wants them and they are not of any real monetary value to the city or for the interpretation of the LeDuc Historic estate, I strongly recommend that they be gifted by the city of Hastings to MHS. Chad Roberts Executive Director Dakota County Historical Society 1 October 11" 2005 VI-i8 TO: The Honorable Mayor and Council FROM: John Grossma~ HRA Director RE: Approve agreement, Quiet Zone Study On September 17, 2005 City Council approved having the HRA contract for a Quiet Zone engineering study with a qualified consultant. Quiet Zones are areas where train crews do not blow their horns at crossings. Zones are qualified by the FRA as having adequate alternative safety measures. The HRA secured three quotes and chose HDR Engineering. HDR is a 90-year old nation-wide frrm specializing in environmental, water, construction and transportation areas. They have four offices with 120 employees in Minnesota and are currently providing quiet zone studies and applications for the City of Minneapolis. They have experience working with CP Rail. Their quote was the most competitive and their delivery time the shortest. They anticipate completion by the end of the year. Their report to Council will recommend steps that would have to be taken to qualify for one or more quiet zones. The HRA will fund the $9,690 cost of the study with the assistance of Sherman Associates and Three Rivers Place. The study will include both the crossings of the main line at 2nd and 3rd Streets and the five crossings of the spur track to Con-Agra. The agreement is attached. The City Attorney has reviewed it. The City Attorney recommends that Council as well as HRA execute the engineering services agreement. RECOMMENDATION: Authorize execution of Quiet Zone Study Agreement with HDR Engineering. SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 20_, between City of Hastings, Minnesota (UOWNER") and HDR ENGINEERING, INC., (''ENGINEER'') a Nebraska coxporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the project known as Locomotive Horn Quiet Zone Studv (''Project''); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECl'ION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION L SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDmONS OF ENGINEERING SERVICES The ''HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION ffi. RESPONSmILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "lIDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of standard hourly rates plus reimbursable expenses as described in Exhibit A. This compensation is a maximum of $9,690 totaling all study phases - plus attendance at City Council meetings as requested by the OWNER (see Exhibit A). . The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Agreement for Professional Services 1 1-1999 Compensation terms are defined as follows: Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsu1tants~ subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (10%) to invoi~ received by ENGINEER from subconsultants and subcontractors to cover supervision, arlministrative, and insurance expenses. SECTION v. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perlorm the services desaibed in Exhibit A within a reasonable period of time, anticipating completion of the study by December 31, 2005. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted SECTION VI. SPECIAL PROVISIONS (none) SECTION VU. CONTACT INFORMATION Owner: John Grossman OR City of Hastings 101 - 4th Street East Hastings, MN 55033 jgrossman@ci.hastin2s.mn.us Phone: 651.480.2347 Engineer: Craig Rasmussen OR Project Manager 6190 Golden Hills Drive Minneapolis, MN 55416 Craig.Rasmussen@hdrinc.com Phone: 763.591.5442 Agreement for Professional Sen1ces. 2 Tom Montgomery City of Hastings 101 - 4th Street East Hastings, MN 55033 tmontt!omery@ci.hastings.mn.us Phone: 651.480.2334 Leif Thorson Senior Project Manager 6190 Golden Hills Drive Minneapolis, MN 55416 Leii. Thorson@hdrinc.com Phone: 763.591.5468 1-1999 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Hastings, Minnesota "OWNER" BY: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk Hastings Housing & Redevelopment Authority ADDRESS: 101 East 4th Street ~tings,~55033 HDR ENGINEERING, INC. "ENGINEER" BY: NAME: Daniel D. Costello TITLE: Senior Vice President ADDRESS: 6190 Golden Hills Drive Minneapolis, MN 55416 Agreement for Professional Services 3 1-1999 EXHIBIT A SCOPE OF SERVICES Phase I - Feasibility Analysis: ~jnline (Downtown) Crossines .:. Obtain existing traffic volume information, and proposed geometric plan sheet(s), and location/design features of warning devices and warning signs from City. .:. Utilize the FRA Crash Records database to obtain the crash history at public crossing(s) within the potential Quiet Zone (2nd & 3rd Streets only) .:. Verify with local crash records that no crashes occurred outside the range of FRA's database (2-3 months) .:. Conduct a field review to identify site-specific conditions that may influence design decisions .:. Document the obtained information into FRA-approved format .:. Prepare a recommendation letter for council to approve preparation of Phase n effort. Phase IT - Risk Assessment & FRA Submittal: Mainline Cr0ssin2s .:. Based on the obtained historical data for traffic information, crash history, and warning device details, HDR will utilize the FRA' s Risk Assessment Calculator to calculate the current Risk Index in corridor .:. Identify and evaluate effectiveness (using Risk Assessment Calculator) of Supplemental Safety Measures (SSM's) approved by the FRA and CPR for use in . Quiet Zones .:. Provide a written assessment of the Risk Index for each SSM .:. Provide a DRAFT written engineers report in format acceptable to FRA and CPR for review by City .:. Prepare concept level construction cost estimates for each SSM .:. Suggest the most feasible combination of SSM's to be included in FRA Quiet Zone application .:. HDR will submit the required FRA documentation (in electronic *.pdt format in addition to up to five hard copy documents) and insttuctions for FRA submittal to the City's designated contact person (as the City must officially submit the application prepared by HDR) Phase m - Risk Assessment & FRA Submittal: Spur Crossins!s .:. Due to the differing characteristics of railroad operation on the mill spur from the mainline, combined with the differences in cost for the City; it is appropriate to submit as two corridors. .:. H authorized by the City, the scope of services for Phase m is identical to Phase n for the five mill spur crossings rather than the two mainline crossings. .:. H Phase m is auth~ it would require an additional field review of each crossing, which is not included in Phases I or II. Staff Boor SUDlmarv & Fee Estimate With a tiered approach, we have divided our staff hour Sllmmary to reflect the possible options that could be considered with this QZ application. To obtain the necessary information to implement a QZ at the m:'lnline crossings (Second and Third Streets), this would require authorization of Phases I and II of the scope of services. It is understood that Phases II and ill will be prepared as separate studies, as Phase m could represent much higher construction costs for the City of Hastings. The fee for each phase of the project is as follows: S"'ilj,l[ Pl( 11~>,-1 \ cJ rYl11l . L _iI1L>-'J I.; 1_ i'.~'...:1 \"'''hld!lL D,I--:([ I ULLl] ['l. Pl dJI...'L't f'!ld'(:' ( '1 I -~:; ';11 ) ( S ]1 I', t II ) ( 'l' /) j I r ) [\. ]1-:11-:'--', 1 c>-' 1) Feasibility Study 4 12 2 $200 $2,208 2) Mainline QZ 4 16 2 $150 $2,590 3) Mill Spur QZ 8 30 2 $360 $4,892 Total 16 58 6 $710 $9,690 The contract will be billed hourly, the total amount of $9,690 is maximum not to exceed. At the request of City Council, additional meetings and/or presentations with. Council may be necessary. For each meeting, an additional fee of $480 including staff time and expenses will be added as a separate deliverable. Schedule It is our understanding that you seek: to have council approval on October 3. Assuming. this start date, Phase I could proceed immediately. If Phase II were authorized to follow Phase I, the submittal to FRA could be complete by November 30 (with council approval) and usually takes approximately 60 days for review by FRA. The implementation date of a new QZ would depend on what construction needs to be dOne in order to allow trains to operate without sounding of locomotive horns. It is likely that constmction activities would fonow in the Spring of 2006, but would require coordination with CPR to schedule railroad labor forces to modify any work within the railroad Right-of-Way. EXHIBIT B · HDR Engineering, Inc. Terms and Conditions for Professional Services for Hastings, Minnesota 1. STANDARD OF PERFORMANCE The standard of care for aD professional engineering. consulting and related services performed or f1.mished by ENGINEER and its employees under1his Agreement wiD be 1he care and skit ordinarily used by members of ENGINEER's ~ofession practicing t.Ilder the same or sinilar circumstances at 1he same time and in the same 1ocaIily. ENGINEER makes no wammties. express or inplied, ooder this Agreement or oIherwise. in connection with ENGINEER's services. 2. INSURANCE ENGINEER agrees 10 procure and maintain, at Its expense, Workers' Compensation insuIance as required by statute; Employer's liability of $250.000; AutomobIe Uablftty insuIance of $1,000,000 combi1ed single limit for bodily injLl}' and property damage covering all vehicles, including hired vehicles, owned and IlOfHM'l8d vehicles; Q)mmercial General UabIity Insurance c:t $1,000,000 combined single limit for personal injury am property damage; and ProfessJonal UabiIly inslI'ance of $1.000,000 per claim for protection against claims arising out of the perfonnance of services under 1I11s Agreement caused by negligent ads. errors, or omissions for which ENGINEER is IegaUy liable. Upon request. OWNER shall be made an additional insured on Commercial General and Automobile Uability insurance policies and certificates of insurance win be furnished k> 1he OWNER ENGINEER agrees 10 Indemnify ONNER for 1he claims covered by ENGINEER's 1nSt.rcY1Ce. 3. OPINIONS OF PROBABLE COST (COST ESllMATES) Any opinions of probable project cost or pobabIe constn.ction cost: provided by ENGINEER are made on the basis of information avalable 10 ENGINEER and on the basis of ENGINEERs experience and qualifications, and represents its judgment as an mcperienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, eqLipment or services flmished by others, or f:Ne( the contractDr(s') methods of detennfnJng prices. or rNer competitive bidding or marlmt concfdions, ENGINEER does not guarantee that proposals, bids or actual poject or construction cost wi. not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUC11ON PROCEDURES ENGINEERs obServation or monitoring portions of the v.urk performed tRIer construction contracts shall not refteVel1e contractor from its responsllility for perfoonlng work In accordance with applicable contract docunents. ENGINEER shaD not control or have dlarge of, and shall not be responstJIe for, consbuction means, methods. tech11ques, sequences. pocedures of constnJction, health or safety programs or precautions comected v.1th the work and shall flOl manage, supervise, control or have charge of consIruction. ENGINEER shall not be responsbIe for the acts or omissions of the contractor or other parties on the project. ENGINEER shaI be entitled 10 review all construction contract documen1s and to require that no provisions extend the duties or l1ablIities of ENGINEER be)Q1d those set forti i1thls Agreement. aNNER agrees to i1cIude ENGINEER as an indemnified party In ONNER's consbuction oontnIcIs for the work. which shall protect ENGINEER 10 the same degfge as OVVNER. FlI1her, OWNER agrees 1hat ENGINEER shaft be IIstBd as an addIt1ona1 lnsur9d U1der the constn.don contracIor's IIabIity insunn:e poIeJes. 5. CONTROWNG LAW This Agreement Is to be governed by the law of the state \\t1ere ENGINEERs seMces are perfonned. 6. SERVICES AND INFORMA11ON OWNER wII provide aU criteria and 1nfonnation per1aining 10 OWNER's requirements for the project. Including design - 1 objectives and constraints, space. capacity and performance requirements, ftexibilily and expandabiIity. and any budgetary limitations. OWNER will also provide copies of any OWNER- furnished Standard Details, Standard Specifications. or Standard Biddi1g Documents which are 10 be incorporated Irm the project. OWNER will furnish the services of soIIsIgeotechnical engineers or other consultants that incb:Ie reports and appropriate professional recommendations when such services am deemed necessary by ENGINEER. The OWNER agrees 10 bear fuI responsibility for the technical accuracy and content of OVVNER- furnished documents and saMcas. In performing professional engineerilg and related services hereunder. it 15 understood by OJVNER that ENGINEER Is not engaged in rendering any type of legal. inst.nnce or accounting services, opinions or advice. Furd1er, It Is the OWNER's sole responsiJillty to obtain the advice of an attorney, 1nsurance counselor or accolI1tant to protect the ONNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will exami1e all studies, reports, sketches. drawings, apecifbltions, proposals and other documems, opinions or advice prepared or provided by ENGINEER. and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessaJy to protect the OWNER's interests before OWNER 1akes action or forebears to 1ake action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns. and legal representatives 10 the covenants of this Agreement. NeIther CWVNER nor ENGINEER Will assign, sublet. or transfer any interest i1 this Agreement or claims arising therefrom without the written consent of 1I1e other. 8. RE-usE OF DOCUMENTS All docl.l11ents, incllding aD reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant 10 this Agreement, are Instruments of servCe with respect 10 the poject. ENGINEER retains O\V1ership of all such documents. CWVNER may retail copies of the doclments for Its infonnation and reference in connection with the project; however, none of the doct.ments are intended or (9pI'8Sented 10 be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse \'\A1hout written verification or adapIation by ENGINEER for the specific purpose intended YAII be at OWNER's sole risk and wiihout lIabIity or legal exposure k> ENGINEER, and OVVNER vWO defend, indemnify and hold hannless ENGINEER from all claims, damages, losses an:I expenses, Including attomey's fees, artsing or resuting therefrom. Any sldl verification or adapIation wiD entitle ENGINEER to further compensation at rates 10 be agreed t.pon by OVVNER and ENGINEER. 9. TERMINAllON OF AGREEMENT OWNER or ENGINEER may terminate the Agreement. in whole or in part. by {jvIng seven (7) days written mtice. I the other party sWdantIaIIy fails to fulfill its obligations ooder1he Agreement 1hrough no fault of the terminating party. Where the method of payment is "lump StIn,. or cost reimbursement. the final invoice \\'Ill include all services and mcpenses associated with the project up to the effective date of tennlnation. An equitable adjustment shaD also be made 10 provide for termination setUement costs ENGINEER inctJ's as a result of commibnenls 1hat had become finn before termination, and for a reasonable profit for serv1ces perfonned. 10. SEVERABIUTY If any provision of this agreement Is held ilVafld or unenforceable. the remaining provisions shaD be valid and (1<VlOO1) biKing upon the parties. One or more VlBIvers by either party of any provision, term or condition shall not be construed by the otIer party as a waiver of any sWsequent breach of the same provision, term or condition. 11. INVaces ENGINEER will sutmit monthly Invoices for services rendered and OVVNER will make prompt payments In response 10 ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general ~ with IntemaJ Revenue Servk:e rules pertaining 10 the support of expenditures for Incane tax pt.IpOS9S. ReceIpIs will be available for inspection by OWNER's auditors upon request. If OVVNER disputes any items In ENGINEER's invoice for any reason, including the lack of supporting doctmentation, OWNER may temporarily delete the disputed Item and pay the remak1ing amot.I1t of 1he imIoice. O'NNER. promptly notify ENGINEER of the dispute and request cIariftcatD1 andIor cooection. After any dispute has been settled. ENGINEER wm Include 1he disputed item on a 8\Dequent. mgUarty scheduled iwoIce, or on a special iwoice for 1he disputed Item only. OWNER recognizes flat late payment cI i1volces results in mcba mcpenses for ENGINEER. ENGINEER r9IaIns the right to assess OWNER i1terest at the rate of one peroent (1%) per month, but not to exceed the mmclman rate allowed by law, on Invoices v.f1ich are not paid within forty-five (45) days Iran the date of fue Invoice. In the event lI1disputed portions of ENGJNEER's invoices are not paid when due, ENGINEER also reserves the right. after seven (7) days prior written notice, to suspend the performance of Its services under this Agreement mtII aI past due amounts have been paid in fLdI. 12. CHANGES The parties agree that no change or modiftcatlon 10 this Agreement. or any attachments here1D, shaD have any fon:e or eff8ct unless the change is reduced to wfting, dated, am made part of this Agreement. The execution of the change shaI be authorized and signed i11he same manner as this Agreement Adjustments in the period of services and in compensation shaH be In accotdance with 8RJIicabIe paragraphs and sections pf 1his Agreement Any proposed fees by ENGINEER are estimates to perfonn the services required to complete f1e project as ENGINEER unders1ands It to be defined. For 1hose projects involving conceptual or process deveIopnent services, activities often are not fulJy definable In 1he initial plaming. In any event. as the project progresses, the facts developed may dk:Iate a change In 1he services to be peIfonned. which may alter 1he scope. ENGINEER wID infonn O\NNER of such sluations so 1hat changes In scope and actusfmenfs 10 the time of perfonnance and compensation can be made as required. If such change. additional seMces, or suspension of servtces results In an increase or decrease In 1I1e cost of or time mqufred for performance of 1he services, an equitable adjustmert shaD be made. and the Agreement modifted accordingly. 13. CONTROU.ING AGREEMENT These Tenns and CondIIIons shaD take precedence aver any i1consIstent or contrBdicDy provisions contained in any proposal. contract. purd1ase Older, reqUsition. notIce-to- proceed. or like document 14. EQUAL EMPLOYMENT AND NONDISCRIMlNAllON In oomectfon with the services mder 1hJs Agreement. ENGINEER agrees to comply wI1h 1I1e applicable provisions of federal and state Equal Employment~, and oIher employment. s1atutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER 1hat. to 1he best of Its knowledge, no hazardous matsriaIs are present at the project site. However, in 1I1e event hazardous materials are known to be present. OWNER represents that 10 the best of its Terms & OJndiIions for Professional ServIces 2 knowledge it has disclosed to ENGINEER 1he mdstence of aI. such hazardous ma1erials, inclucfmg but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactfve matertallocated at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by bo1h parties that ENGINEER's scope of services do not incfude services related in any way to hazardous materials. In 1I1e event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shaD have the obligation to notify O\NNER and, to the extent required by law or regulation, the appropriate govemmental officials, and ENGINEER may, at Its option and without liability for delay, consequential or any otIer damages to OWNER, suspend perfonnance of services on 1hat portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to Identify and, as appropriate, abate, remediate, or remove the hazardous matsriaJs; and [nl warrants that the project site is in tufl compUance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is perfonning professional services for OWNER and that ENGINEER is not and shall not be required to become an -arranger,- -operator,- -generator, - or "transporter" of hazardous materials, as defined in 1I1e Compmhenslve Environmental Response. Compensation, and Uabltlty Act of 1990 (CERClA), which are or may be enco.....tsred at or near 1I1e project site In connection wI1h ENGINEER's services under this Agmement If ENGINEER's services hereunder cannot be perfonned because of the existence of hazardous materials, ENGINEER shall be entitled to tenninate 11118 Agreement for cause on 30 days written notice. To 1he fullest extent permitted by law, OWNER shall indemnify and hold hannless ENGINEER. its officers, directors, partners, employees, and subconsulfants from and against all costs, losses, and damages [mcluding but not funited to all fees and charges of engineers, arohitects. attorneys, and other professJonaJs, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage Is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting 1I1erefrom, and (Ii) nothing In this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct 16. EXEctmON This Agreement Including the elChlJits and schedules made part hereof, constitute the entire Agreement belween ENGINEER and O'NNER. supersedes and controls over aU prbr writ1en or oral undersIandi1gs. This Agreement may be amended, supplemented or modified only by a written Instrument duly executed by the parties. 17. UMlTAllON OF UABlUTY ENGINEER's and Is employees' totaIliabIily 10 OWNER for any loss or damage, i1cILdng but not limited 10 special and consequentiaJ damages arising out of or in connectkx1 with 1I1e performance of services or any other cause,incIudIng ENGINEER's and its employees' pofessional neg8gent acts, errors, or omissions, shall not exceed the greater of $50,000 or 1he 1DtaI compensalfon received by ENGINEER hereLI1der, except 88 otherY.1se provided t.Ilder 1his Agreement. and OWNER hereby reteases and holds hannJess ENGINEER and Its emptoyees from any liability above such amount. 18. U11GAT1ON SUPPORT In 1he event ENGINEER is requfmd to respond to a subpoena. government Inquiry or other Jegaf process related b the services In connecIion Ytflh a legal or d'1SpUte red.d1on proceec:Ing to N1Id1 OWNER Is a party, OVVNER shaD reimburse ENGINEER for reasonable costs In responding and compensate ENGINEER at its then standard rates for reasonable Urne Ir1cuned k1 gathemg informa1ion and documents and atfendIng depasItioIl5. hearings, and trial. (1012001) October 12, 2005 VI-19 TO: The Honorable Mayor and Council FROM: John Grossman, HRA Director Barry Bernstein, Parks & Recreation Director RE: Approve agreement, park design services SUMMARY: The attached design services agreement is submitted for council approval. The City Attorney has reviewed it and recommended some changes which have been made. The HRA will consider the agreement at their meeting on October 13,2005; their approval is anticipated. BACKGROUND: Improvements to Levee Park have been an integral part of the downtown redevelopment program from the beginning. The City's goals include: . Provide recreational opportunities . Improve pedestrian links to the river . Celebrate the riverfront with gardens, a promenade and public use space . Create a sense of place consistent with the architecture and materials of the historic character of downtown. These improvements are to be fmanced in part by the sale ofHRA land to developers, and as available, by grant funds. The first sales should be closed by next spring with Three Rivers and with Sherman Associates. A grant application has been submitted to the Metropolitan Council. In order to start planning park improvements in conjunction with the public works associated with the condominium projects, the HRA will fund the planning and construction documents phases, to be reimbursed after land is sold. Improvements would then be bid and approved by Council as funds permit. The planning will be managed by a steering committee. The members are Council members Alongi and Hazlet, HRA Commissioners Holzem and Hollenbeck, and NRRC Commissioner Christiansen. The HRA and Parks Directors sent the RFP for park design to seven flfIllS, received five proposals, and with the assistance of the Planning and Engineering staff: selected Hosington Koegler Group and Bonestroo, Rosene and Anderlik Associates for interviews. The streering committee interviewed and recommended Bonestroo to the lIRA and NRRC. The firm has most of the professional skills needed on staff: they are working on a similar project is Shakopee, and their estimated total fee was the lowest of all five proposals, totaling $75,400. The Commissions have approved the selection. The fIrst phase will be concept development. If the agreement is approved the Steering Committee plans to start by meeting with the frrm on October 27th. Representatives of the veterans clubs, downtown, and developers will be consulted. A public open house will be held before the concept is presented to Council, probably in early 2006. After approval the next phase will be a refmed design with construction documents. Bids could be advertised in the summer of2006. RECOMMENDATION: Approve execution of the Design Services Agreement with Bonestroo, Rosene and Anderlik. PROFESSIONAL SERVICES AGREEMENT Between CITY OF HASTINGS, MN And BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. THIS IS AN AGREEMENT, effective on October 17 ,2005, between the City of Hastings, MN ("City") and Bonestroo, Rosene, Anderlik and Associates, Inc., St. Paul, MN ("Consultant"), for professional technical services. City and Consultant agree as follows. SECTION 1. PROJECT DESCRIPTION AND UNDERSTANDING The" Project" consists of improvements to the City's Levee Park, described as follows: Promenade: A major component of Levee Park, the promenade will extend from Sibley Street to the trail along the railroad right of way and provide a pedestrian area for strolling along or sitting and watching the river and others roll by. It will also provide emergency vehicle access to the north side of the new condominiums. The City will construct the portion of the promenade between Sibley and Tyler, with the remainder being completed by Sherman Associates. The promenade will define the edge between private condominiums and the public space of the park. It may on occasion be used for festivals, art fairs, or other activities. Electrical needs for these activities as well as acorn style pedestrian lighting and potential holiday lighting needs will be provided for. Given the grade changes, it will also be important to create elegant and accessible connections from the promenade into the park. Landscaping: The four existing memorial trees will be preserved within the park and new gardens and plantings will be designed. These may include formal gardens and borders around existing and new park features. Consultant will work with the City Park Department on selecting the appropriate plant species and defining maintenance requirements. Amphitheater, Performance Space, or Bandstand: The Hastings Concerts Association currently holds five performances each year in the area just north of City Hall. These performances, and other outdoor concerts and events, may be relocated to a new performance space in Levee Park. This space would likely include a hard surface area with power supply for performers and a series of informal turf terraces for approximately 350 people. At the time of Agreement execution, an overhead structure or acoustical shell is not included in the Project. Public Restrooms: The Project scope and budget includes restroom facilities for park users and performance attendees. These may be standalone restrooms, but more desirably would be incorporated into the overall fabric of the downtown area, serving both shoppers and park visitors alike. Various options will be considered, including locating the restrooms in a new Visitors Center. Budget: The Project budget, including design and construction, is approximately $1 million, and is being funded by the City's HRA. The primary features to be constructed within this budget include the promenade, the restroom building, and formal landscaped areas. Schedule: Construction of the Project may occur in several phases, or may be delayed for some time after the completion of construction documents depending on market conditions. Consultant's design documents will be prepared to accommodate this phased or delayed construction. If the Project construction is delayed beyond the 2006 construction season or requires multiple bidding packages, costs related to bidding and construction administration will be renegotiated. J:\MKT\AGR\Hastings A1 088 levee Park 10-11-oS.doc SECTION 2. CONSULTANT'S SERVICES 2.1. Scope of Basic Services The Consultant shall provide Basic Services as outlined in Appendix A, Section 1 in three phases: Phase 1: Conceptual Design Phase 2: Design Development and Construction Documents Phase 3: Construction Administration and Inspection 2.2. Supplemental Services The Consultant shall provide "Pre-authorized Supplemental Services" as described in Appendix A, Section 2, and, if requested and authorized in advance by the City, the Consultant may furnish "Other Potential Supplemental Services" as described in Appendix A, Section 3. Consultant shall furnish an estimate of the cost for any City-requested Other Potential Supplemental Services for the City's written approval prior to commencement of the work. SECTION 3. COMPENSATION 3.1. Payment for Basic Services For completion of the Consultant's Basic Services as outlined in Appendix A, Section 1, the City will pay the Consultant as follovvs: Promenade & Restroom Phase Park Buildina Total Comoensation Method 1 $6,000 $3,400 $9,400 lumo sum 2 21,500 24,500 46,000 Hourly, not-to-exceed 3 11,000 7,000 18,000 Hourly estimate Reimbursable Expenses 1,200 800 2,000 TOTAL $75,400 For completion of the Consultant's Phase 2 and 3 Basic Services, the City will pay the Consultant on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix B, plus Reimbursable Expenses. Actual costs for Phase 3 may vary from the estimates. Written authorization will be obtained from the City prior to exceeding the Phase 3 estimate. Consultant's level of services (and thus, actual charges) will depend in part on such currently unknown factors as quality and responsiveness of the Contractor, weather conditions and adherence to the construction schedule, and unforeseen site conditions that may be revealed during construction. 3.2. Pavment for Supplemental Services For Pre-authorized Supplemental Services and for Other Supplemental Services authorized by the City and performed by the Consultant, the City will pay the Consultant on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix B, plus Reimbursable Expenses. If the City requests the Consultant's attendance at meetings in excess of those listed under Appendix A, Section 1. Basic Services, that attendance will be charged on an hourly basis for each of the Consultant's staff requested to attend the meeting. The hourly time charged for each of the Consultant's staff will be for the actual meeting attendance time plus 1.5 hours each for preparation! traveVnote reduction time per meeting. If multiple bid packages are required, each additional bid package will be prepared on an hourly basis for a cost estimated at $4,200 plus Reimbursable Expenses. Revisions to previously J:\MKnAGR\Hastings A1 088 levee Park 1G-11-QS.doc 2 approved designs will be performed on an hourly basis and will be charged in addition to the $4,200 estimated cost for multiple bid packages. SECTION 4. STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions attached as Appendix B are incorporated in this Agreement. ************************************************************** IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CONSULTANT: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. CITY: CITY OF HASTINGS, MN By By Michael Werner, Mayor David O. Loskota, Contracts Officer Date Date And by Melanie Mesko Lee, City Clerk Date HASTINGS HOUSING AND REDEVELOPMENT AUTHORITY By (Signature) (Printed name and title) Date J:\MKT\AGR\Hastings A1 088 Levee Park 10-11-GS.doc 3 Appendix A Consultant's Services Section 1. Basic Services Phase 1: Conceptual Design Task 1.1 Kickoff and Program Confirmation: After the design contract is awarded, schedule a kickoff meeting with City staff to discuss the scope and schedule for the Project. At that meeting, we will also discuss forming a Steering Committee. The Steering Committee should be formed with members from the City Council, the HRA, and the NRRC to make critical decisions on the Project. After the Steering Committee is formed, meet with the Committee to review and confirm the Project scope and program. Task 1.2 Conceptual Design Alternatives: Using the confirmed scope and program information, develop three different conceptual design alternatives for Levee Park. Present these alternatives to the Steering Committee for review. Comments will be incorporated into a final preferred conceptual design. The primary differences between the concept plans will be in the treatment of the promenade, the location and style of the performance area, the location of the restrooms, the plantings, and circulation patterns. Task 1.3 Preliminary Cost Estimate: Prepare preliminary quantity take offs and a cost estimate for the preferred conceptual design. This cost estimate will be broken out by major divisions and items of work. Task 1.4 Steering Committee Presentation of Preferred Concept and Preliminary Cost Estimate: Present the preferred concept and preliminary cost estimate to the Steering Committee for review prior to presentation at a public meeting. Task 1.5 Public Meeting Presentation: Conduct a community meeting to present the preferred concept and solicit additional input on the design. An open house format meeting is anticipated in which residents can stop by over a several hour period to listen to presentations and provide their input. Record this input and document it as part of the design process. Task 1.6 City Council Presentation: Make a formal presentation of the preferred concept and preliminary cost estimate to the City Council for approval and authorization to proceed with Phase 2. Phase 1 Deliverables: .. Kick-off meeting .. Scope and program confirmation meeting and minutes .. Three conceptual design alternatives .. Conceptual design presentation meeting with Steering Committee and minutes .. Preferred alternative conceptual design .. Preliminary cost estimate .. Preferred concept and preliminary cost estimate presentation meeting with Steering Committee and minutes .. Public meeting and documentation of public input received .. City Council presentation City-Provided Items: .. Electronic survey base of the project site Phase 2: Design Development and Construction Documents Task 2.1 Design Development Documents: Refine the conceptual design to a design development level. This will include more detailed layout and product cut sheets for various park elements. The Project design documents will be approximately 30% complete at the end of design development. J:\MKT\AGR\Hastings A1 088 Levee Park 10-11-QS.doc A-1 Task 2.2 Construction Documents (750~, 95% and 100%): This task includes completing a bid-able and build-able construction document package, including plans, details, and notes. Task 2.3 Cost Estimates (75%, 95% and 1oo0~): Updated quantity take offs and construction cost estimates will be provided with each construction document review package. Task 2.4 Project Manual and Technical Specifications: Discuss the form of the contract with the City and prepare the Project Manual, including Division 1 and all technical specifications. Task 2.5 Steering Committee Presentations: Meet with the Steering Committee to review the documents at each stage of completion. Comments from the previous review will be reflected in the updated documents. Task 2.6 City Council Presentation: The final drawings, specifications, and cost estimate will be presented to the City Council for approval and authorization to advertise for bids. Task 2.7 Bidding Phase Services: Prepare the Ad for Bid and distribute it to the legal publications. Print and distribute the bidding documents and maintain the official plan holders list. Prepare and distribute addenda as needed and respond to bidders' questions. Task 2.8 Project Award: Attend the bid opening, review the bids, and make a recommendation on contract award to the City. Phase 2 Deliverables: . Design Development Documents . 75%,95%, and 100% complete Construction Documents . 75%, 95%, and 100% complete cost estimates . Project Manual and technical specifications . Three Steering Committee presentations . City Council presentation · Bidding services . Project award Citv-Provided Items: . Soil borings and geotechnical report Phase 3: Construction Administration and Inspection Task 3.1 Pre-Construction Meeting: Arrange and facilitate a pre-construction meeting with the City, Contractor, utilities, and affected parties. Task 3.2 Shop Drawing Review: Review shop drawing submittals and return them to the Contractor within two weeks of receipt. Task 3.3 On-Site Observation: Make periodic visits to the site to review progress and observe the work for conformance with the drawings and specifications. Consultant will not provide full-time site inspection but will observe key construction activities. Task 3.4 Construction Administration: Monitor the Contractor's progress and update the City on schedule and performance. Process the Contractor's pay requests and make payment recommendations to the City. After substantial completion, Perform a site walk through and prepare a punch list. Coordinate project closeout documents, including warranties, manuals, and required documentation for final payment. Conduct a final meeting with the City and the Contractor to review the Project. Task 3.5 Warranty Review: Prior to warranty expiration, review the Project and coordinate resolution of any warranty items. J:\MKT\AGR\Hastings A1 088 Levee Park 1o-11-oS.doc A-2 Phase 3 Deliverables: . Preconstruction meeting, agenda and minutes . Shop drawing review . Field reports from site observation visits . Progress reports and pay requests . Punch list . Close-out meeting . Warranty review services J:WKT\AGR\Hastings A1 088 Levee Park 1o-11-oS.doc A-3 Section 2. Pre-Authorized Supplemental Services Consultant is authorized to perform or furnish, without requesting or receiving specific advance authorization from the City, the additional services of the types listed below. 2.1. Assist the City in preparing applications necessary for approvals, permits and licenses from other entities, such as the Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, watershed districts, railroads, and private utilities, and making any unanticipated changes resulting therefrom. 2.2. Making revisions in drawings, specifications or other documents when such revisions are: 2.2.1. Inconsistent with approvals or instructions previously given by the City; 2.2.2. Required by the enactment or revisions of codes, laws or regulations subsequent to the preparation of such documents; 2.2.3. Due to changes required as a result of the City's failure to render decisions in a timely manner; or 2.2.4. Due to any other causes beyond the Consultanfs control. 2.3. Providing consultation regarding the replacement of all such parts of the Project as may be damaged by fire or other cause during construction and assisting the City in arranging for continuation of the work should the Contractor default for any reason. 2.4. Providing services made necessary by the default of a Contractor, by major defects or deficiencies in the work of a Contractor, or by failure of performance of either the City or a Contractor under the Contract for construction. 2.5. Construction dispute resolution assistance. 2.6. Providing services in connection with warranty work to be done by the Contractor. Section 3. Other Potential Supplemental Services If authorized by the City, the Consultant may provide the following services. 3.1. Design for an overhead structure or acoustical shell for the new performance space. 3.2. Performing a sound study, induding sampling noise levels at up to four different locations at various times during the day, to determine existing noise levels within the park and the impact of surrounding noise generators on the location of a potential performance area. The estimated cost for performing this sound study is $2,400. 3.3. Presentations to the Hastings Housing and Redevelopment Authority. 3.4. Attendance at neighborhood meetings in excess of those noted in Basic Services. 3.5. Assistance with assessments. 3.6. Attendance at and assistance with public hearings in excess of those noted in Basic Services. 3.7. Assistance with easements. 3.8. Preparation of applications for funding assistance. 3.9. Assisting the City or its representative in connection with mediation, arbitration, litigation or other proceedings involving the Project, including preparing to testify and testifying as an expert witness. 3.10. Providing one or more full-time Resident Project Representatives (and assistant(s)) in order to provide the City with continuous representation at the Project site during the Construction Phase. 3.11. Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted professional technical practice. J:\MKT\AGR\Hastings A1 088 Levee Park 10-11-05.doc A-4 Appendix B 2005 Billing Rate Schedule Range of Houri Rates $112.00 $125.00 107.00 96.00 102.00 96.00 89.00 72.00 72.00 74.00 58.00 40.00 71.00 59.00 59.00 41.00 150.00 110.00 35.00 25.00 20.00 75.00 ines 120.00 156.00 113.00 113.00 102.00 102.00 102.00 90.00 78.00 47.00 96.00 89.00 81.00 59.00 195.00 145.00 These rates are adjusted annually in accordance with the normal review rocedures of Bonestroo, Rosene, Anderlik and Associates, Inc. J:\MKT\AGR\Hastings A1 088 Levee Park 1o-11~.doc B-1 Appendix C Standard Tenns and Conditions SECTION 1. CONSULTANT'S SERVICES Consultant shall act as the City's ("Owner's") agent only as provided for within this Agreement SECTION 2. THE OWNER'S RESPONSIBILITIES The Owner shall: 1) Provide full information as to its requirements for the Project. 2) Fumish to the Consultant, prior to any performance by the Consultant under this Agreement, a copy of any planning, design and construction standards which the Owner shall require the Consultant to follow in the conduct of its services for the Project 3) Place at Consultant's disposal all available written data in the possession of or readily available to the Owner and pertinent to the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and zoning maps, borings and other data useful to the Consultant in the performance of its services. 4) Acquire all land, easements, and rights-of-way and provide for land surveys and the preparation of legal desaiptions and exhibits, certificates or plats, as may be necessary for the Project. 5) Provide access to the Project site and make all provisions for the Consultant to enter upon public and private lands as required by the Consultant to perform its services. 6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications, drawings, proposals and other documents presented by the Consultant and promptly render the Owner's decisions pertaining to each of such documents. 7) Designate a single person to act as the Owner's Representative with respect to the Consultant's services. Such person shall have complete authority to 1ransmit instructions, receive information, and interpret and define the Owner's policies and decisions with respect to services covered by this Agreement, subject to Owner's governing body approval when required by law. 8) Give prompt written notice to the Consultant whenever the Owner observes or otherwise becomes aware of any defect in the Project or any development that affects the scope or timing of the Consultant's services. 9) Furnish, or instruct the Consul1ant to provide at the Owner's expense, necessary "Supplemental Services. as may be provided for in this Agreement, or other services as they may be required. 10) Fumish to the Consultant, as required by the Consultant for performance of its services, information or consultations not covered in the Consultant's Basic J:\MKT\AGR\Hastings A1 088 levee Park 10-11-o5.doc Services, such as core borings, probings and subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, and right~-way surveys and property descriptions; zoning and deed restrictions. 11) Fumish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the work. 12) Provide legal review of the contract documents and provide any required accounting and insurance counseling services for the Project. 13) Act promptly on aU construction Change Orders and provide authorization before Change Orders are issued to the Contractor on a Project. 14) If OWner desires, furnish inspection or monitoring services to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Consultant in this Agreement does not underta ke to perform these services. In performing its services, the Consultant may rely upon the accuracy and completeness of all Owner-provided information. SECTION 3. COMPENSA liON 3.1. Pavmentfor Reimbursable EXDenses Unless otherwise provided, in addition to consulting fees, the Owner will pay the Consultant for Reimbursable Expenses on the basis of the Consultant's cost plus 10%. Although not a complete list, examples of Reimbursable Expenses include: the costs of plotting drawings and the reproduction of drawings and specifications; project-specific printing, duplicating, tabs and indexes; testing; mileage; travel and per~iem expenses of the Consultant for out-of-town trips required for the Project; long distance telephone calls and faxes as required to expedite the work; the costs for cellular phone calls/service for Consultants field personnel on a Project; project photographs taken before and during cons1ruction; cons1ruction stakes; postage and delivery charges; any new taxes, fees or costs imposed on the Consultants services (such as sales taxes) after the date of this Agreement; and out-of-pocket expenses incurred directly for the Project 3.2. Obiections to Invoices/No Deductions It is important for the Consultant to be promptly infonned of problems. If the Owner objects to any portion of an invoice, the OWner shall notify the Consultant in writing 'Atthin twenty days of the invoice's receipt. The Owner agrees to pay any undisputed portions of an invoice. No deductions shall be made from the Consultant's compensation on account of penalty, 6quidated damages, or other sums withheld from payment to contractors, except as may be determined by C-1 mediation, arbitration, litigation or other dispute resolution mechanism to which the Consultant is a party. 3.3. Susoension of Work If the Owner fails to make payments when due or otherwise breaches this Agreement, the Consultant may suspend work after providing five days notice to the Owner. The Consultant will not be liable for any costs or damages resulting from such a suspension of work. 3.4. Proaress Payments The Owner will make progress payments 10 the Consultant in proportion 10 services performed, as reasonably estimated by the Consultant The Consultant will invoice the Owner monthly during the progress of the work. The Owner shall pay each properly documented invoice of the Consultant within 30 days after the Owner's receipt of such invoice. Owner may not reserve as retainage any portion of a payment due under this Agreement 3.5. Interest/Collection Costs The Owner agrees to pay the Consultant 1 % per month interest on all invoices of the Consultant, with interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt Payment Ar:;t (Minn. Stat. Sect. 471.425) requires a higher rate of interest, that rate shall apply. If the Owner fails to pay Consultant all amounts owing pursuant to the lerms of this Agreement, the Owner agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement SECTION 4. GENERAL CONSIDERATIONS 4.1. Standard of Care The Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care. The Consultant shall not be required to sign any documents that would result in it having to certify, guarantee or warrant the existence of conditions whose existence the Consultant cannot ascertain. 4.2. Delavs Both the Consultant and the Owner will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Consultanfs perfonnance must be governed by sound professional practices, the Consultant is not responsible for delays occasioned by factors beyond its control or that could not reasonabJy have been foreseen at the time of preparation of this Agreement 4.3. ODin Ions of Costs and Schedules Since the Consultant has no control over the cost of labor and material or over competitive bidding and market conditions, the Consultanfs Opinion of Probable Construction Cost and of Project schedules can only be made on the basis of experience or qualifications as a professional Consultant. The Consultant does not guarantee that proposals, bids, actual Project costs or construction schedules will not vary from J:\MKT\AGR\Hastings A1 088 Levee Park 1Q..11-oS.doc Consul1anfs opinions or estimates. If the Owner desires greater assurance as to the anticipated Construction Cost of the Project, the Owner shall employ, or instruct the Consultant to provide as a Supplemental Service, an independent cost estimator. 4A. Insurance 4A.1. The Consultant agrees to maintain a professional liability insurance policy for negligent acts, errors or omissions in an amount of at least $3,000,000 per claim and $4,000,000 annual aggregale, on a claims-made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those curren1ly in effect. The Consultant will not cancel the insurance until thirty days after providing the Owner written notice. 4.4.2. The Consultant shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability and automobile liability insurance coverage in the sum of not less than $1,000,000 each. 4.4.3. Owner shall require Contractor to purchase and maintain general liability and other insurance as specified in the contract documents and to cause the Consultant and its consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project 4.5. Use of Instruments of Service Documents (including Digital Data) prepared by the Consultant, such as drawings, specifications and reports ("Consultant Documents") are instruments of the Consultanfs professional services, and not products. The Consultant Documents are prepared for a specific Project and may not be used by the Owner for other Projects. Owner shall have a non- exclusive license for its use of Consultant Documents for this Project For health and safety reasons, the Owner agrees it will not use the Consultant Documents (except for computer hydraulic or hydrologic modeling data) for other purposes or provide them to other persons. If the Owner violates 1I1is provision, it waives any resulting claims against the Consultant, and agrees to defend and indemnify the Consul1ant from any resulting claim or liability (including reasonable attorneys' fees). 4.6. DiGital Data 4.6.1. If included in Basic Services or Supplemental Services and as a convenience to the Owner, the Consultant will furnish the Owner with electronic data versions of certain drawings or other written documents ("Digital Data") provided in hard copy fonn. In the event of any conflict between a hard copy document and the Digital Data, 1I1e hard copy document governs. The Digital Data shall be prepared in the current software in use by the Consultant and is not warranted to be compatible with 01l1er systems or software. 4.6.2. Any Digital Data submitted by the Consultant to the Owner is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the Owner discovers during this period and reports to 1I1e Consultant will be correc1ed by the Consultant at no extra charge. For correction C-2 of defects reported to the Consultant after the Accepiance Period, the Owner shall compensate Consultant on an hourly basis at Consultanfs normal billing rates. The Owner understands that the Digital Dam is perishable and the Owner is responsible for maintaining it 4.7. Termination. SusDenslon or Abandonment 4.7.1. The Owner or the Consultant may terminate or suspend this Agreement for substantial non-performance by the other party, including without limitation the failure to make payments in accordance with this Agreement. The party terminating or suspending this Agreement shall give seven days written notice to the other party. 4.7.2. If the Project or the Consultanfs services are suspended for more than 90 days, the Consultant may terminate this Agreement upon seven days written notice to the Owner. The Consultant shall have no liability on account of a suspension by the Owner. If a suspended Project is reinstated, an equitable adjustment to the Consultanfs compensation may be necessary . 4.7.3. In the event of termination or suspension permitted by this Agreement or abandonment of the Project by the Owner, the Owner shall compensate the Consultant for services performed prior to termination, suspension or abandonment and for services directly attributable to the termination, suspension or abandonment itself, together with Reimbursable Expenses. If the Owner properly terminates Consultant for cause, Owner may withhold from Consultanfs compensation those damages directly attributable to the cause of the termination. 4.8. DlSDUte Resolution 4.8.1. In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the Owner and the Consultant arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. The Mediator's fee shall be shared equally and mediation shall proceed' only at a place where arbitration or litigation is proper. Mediation shall not be a condition precedent to arbitration or litigation if a party refuses to make reasonable arrangements for a mediation within 20 days of demand by the other party. If a dispute relates to or is the subject of a lien arising out of the Consultanfs services, the Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or arbitration. 4.8.2. Unless the Owner and the Consultant mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is less than $1,000,000, shall be decided by binding arbitration in accordance with the then-most current Construction Industry Rules of the American Arbitration Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispu1e: (a) where the amount in controversy is more than $1,000,000 (exclusive of interest and costs); (b) when the demand for arbitration is made after the date when a court action would be barred by any applicable s1atute or period of repose or limitations; or (c) when the daim or dispute is a daim for contribution or indemnity arising out of a claim by a third party who does not consent to joinder in arbitration. J:\MKT\AGR\Hastings Ai 088 Levee Park io-ii-oS.doc 4.8.3 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. 4.8.4. If the Consultant or the Owner intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third party. 4.8.5. So that any claims of the Owner may be intelligently addressed by the Consultant, the Owner agrees to make no claim for professional negligence against the Consultant unless the Owner has first provided the Consultant a written certification signed by an independent design professional licensed in Minnesota and currently practicing in the same discipline. The certification shall specify every act or omission of the Consultant that is a violation of the applicable standard of care and the basis for the certifier's opinion(s). This certificate shall be provided no fewer than 30 days prior to instituting arbitration or suit 4.8.6. Causes of action between the Consultant and the Owner relating to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion of a Project. 4.9. Hazardous Substances The Consultant's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the Consultanfs services, the Consultant may suspend performance of its services, without liability, and will assist the Owner to retain appropriate consultants to adequately identify and abate such materials so that Consultanfs services may resume. Nothing in this Agreement shall be construed to require the Consultant to: (a) assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 USC 6901 et seq, as amended, or within any state statute governing the generation, treatment, storage and disposal of waste; or (b) arrange for the transportation, treatment, or disposal of hazardous substances, as described in the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601, et. seq, as amended. The Owner agrees to defend, indemnify and hold harmless the Consultant, its employees, subcontractors and agents from all claims, losses, damages liability and costs, including attorney's fe8$, relating to or arising out of hazardous or toxic materials at or near a Project. 4.10. GoverninG Law This Agreement shall be governed by the laws of the Stam of Minnesota and any dispute or dispute resolution process shall be venued in Hastings, Dakota County, Minnesota. 4.11. Intearatlon This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties. It shall be modified only by a written document signed by the party sought C-3 to be bound. The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision. 4.12. AssiGnment and Waiver Except for the Consul1ant's use of necessary consul1ants, the Consul1ant and the Owner shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. The waiver of any term or condition or breach thereof by either party shall not constitute a waiver of any other term or condition or breach thereof. 4.13. Consultant's Services In performing professional technical consulting and related services, the Consultant is not engaged in rendering legal, insurance, or accounting services or advice. The Owner agrees that documents prepared by the Consul1ant, including reports, bidding materials, and form contracts will be reviewed by the appropriate representative of the Owner, such as the Owner's attorney, insurance counselor or other consultants, to the extent that Owner deems necessary to pro1Bct its interests. 4.14. Government AGencies The Consultant shall not be liable for damages resulting from the actions or inactions of government agencies, including without limitation permit processing, environmental impact reports, dedications, zoning matters, annexations or consolidations, use or conditional use permits, and building permits. 4.15. MonitorinG Work If required by the scope of services, the Consultant will make visits to the Project site at intervals appropriate to the various s1ages of construction as the Consultant deems necessary in order to observe the progress and quality of construction. The Consultant will not be required to make exhaustive or continuous inspections on the Project site. Based on such visits, the Consultant will determine in general if the construction work is proceeding in accordance with the contract requirements, keep the Owner informed of the progress of the construction work, and will endeavor to guard the Owner against defective work. The Consultant will not supervise, direct, con1rol, or have authority over or be responsible for the Contractor's means, me1hods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident 1hereto, or for any failure of the Contractor to comply with laws and regulations applicable to the work. 4.16. Americans with Disabilities Act The Consultant shall use reasonable professional effort and judgment in interpreting and advising the Owner as to the necessary requirements for the Project to comply with the Americans with Disabilities Act (ADA). The ConSUltant shall rely on the local building department for interpretations of the ADA at the time the service is rendered. The Consul1ant does not warrant or guarantee that the Project will fully comply with interpretations of ADA requirements by regulatory or judicial bodies. J:\MKT\AGR\Hastings A1 088 Levee Park 10-11-05.doc SECTION 5. LIABIUTY Having considered the potential liabilities that exist during the performance of the Consultanfs services, the benefits of the Project, the Consultanfs fee for its services, and the promises contained in this Agreement, the Owner and the Consultant agree that risks should be allocated in accordance with this section, 10 the fullest extent permitted by law. 5.1 Indemnification The Consultant and the Owner each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by their negligent acts, errors or omissions relating to this Agreement In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Consultant and the Owner, they shall be borne by each party in proportion to its own negligence. 5.2. Limitation of L1abilltv The Consultant's and its employees' aggregate liability to the Owner for any and all claims, losses or damages arising out of any Project or this Agreement for any cause shall not exceed the insurance proceeds available at the time of setUement or judgment. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 5.3. Consequential DamaGes , Neither the Owner nor the Consul1ant shall be liable to the other for any consequential damages incurred due to the fault of the other or their agents. Consequential damages include, but are not limited to, loss of use and loss of profit 5A. Deslan without Construction-Dhase Services If the Consultanfs Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other construction phase services, and that such services will be provided by the Owner, then the Owner assumes all responsibility for interpretation of the plans and specifications and for construction observation or review and waives any claims against the Consultant that may be in any way connected thereto. ..........L...... A'" AA A A...... A..................... ......A-...,. A......... A AA'" c-4 VI-20 Memorandum To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator/City Clerk October 12, 2005 City Identification Badge Policy Council Action Reauested: Adopt the attached policy regarding employee identification badges Backaround Information: The City is implementing an employee identification badge process whereby all employees will be issued a picture identification as part of City employment. The attached policy outlines the expectations of use and processes that will be used with these badges. If approved, the final format of the document may change, but the content will not. If you have any questions, please let me know. CITY OF HASTINGS PERSONNEL POLICY DATE: October 17, 2005 SUBJECT: Employee Identification Introduction I n an effort to increase security and identification measures, the City of Hastings has implemented an Employee Identification Badge system. These Identification Badges will aid in the identification of City of Hastings employees both within City facilities and while working in the field for the City of Hastings. All employees will be issued an Employee Identification Badge and will be expected to comply with the following procedures. Policy While working, all employees (with the exception of police and fire personnel when wearing their uniform) are expected to wear their Identification Badge in a clearly visible manner at all times, including weekend and evening hours. City issued clothing that includes the City logo is not sufficient identification for employees. Use The Employee Identification Badge is for individual employee's use only. Employees may not alter or change the appearance of the Identification Badges without prior authorization from Human Resources. These Identification Badges may not be transferred or loaned to another employee or unauthorized individual and is not to be used to exert undue influence or in any other inappropriate manner. Tvoes of Emolovees . Identification Badges for regular full and part-time employees will not expire. . Seasonal and temporary employees will be issued Identification Badges that indicate an expiration date. These badges are to be turned in at the end of each season to Human Resources before a final paycheck will be processed. New Identification Badges will be issued when a seasonal or temporary employee is rehired. . This policy applies to on-call fire staff and police reservists. T emoorarv Badae In cases where an employee forgets their badge, they may be issued a "day pass" badge for that day. Employees are expected to wear the "day pass" badge as they would their regular identification badge. "Day passes" can be picked up from and returned to Department Managers. New Badaes . New Badges may be issued in cases of: . Legal name change . Significant change in employee's physical appearance . Loss of badge . In the event of a lost or stolen Employee Identification Badge, contact the Human Resources Division immediately. A written request must be made by the cardholder of the lost or stolen card for a new card. Once the Human Resources Division has the request, permission will be given for issuance of an additional Identification Badge. Termination of Emolovment . Employees terminating their employment must return their Employee Identification Badge to the Human Resources Division before a final paycheck will be processed. Compliance All employees are expected to comply with the provisions of this policy. Examples of noncompliance of the policy may be, but are not limited to failure to wear your badge or repeated loss of your badge. Any employee who has been found to be in violation of this policy will be subject to discipline, as provided in the City's personnel policy. Administrative ResPOnsibilitv: . The Community Relations Specialist or designee is responsible for designing and maintaining the look of the Identification Badge. Identification Badges will include: . Employee's full name . Position/title . Department . Employee photo . The Assistant City Administrator or designee is responsible for issuing the Identification Badges to individual employees upon their hiring and orientation. . Each department director is responsible for distributing this policy, informing department employees and ensuring compliance with the policy. Approved by the City of Hastings this 17th day of October, 2005 Michael Werner, Mayor Melanie Mesko Lee, Assistant City Administrator VI-22 MARK J. HOLMES, CHIEF 115 West 5th Street Hastings, Minnesota 55033-1815 HASTINGS FIRE DEPARTMENT Business Office (651) 480-6150 Fax (651) 480-6170 TO: Mayor Werner and City Council Members FROM: Mark J. Holmes, Fire Chi~ DATE: October 13, 2005 SUBJECT: Approval of Consultation Services and Budget Transfer Throughout the past several months, the Public Safety Committee of the Hastings City Council has been meeting to discuss future planning for fire and ambulance services. The issues identified during these meetings include existing and future demands for service, second fire station needs and location, personnel and equipment, and the need to revisit the rural fire services contract. During these conversations regarding fire and EMS planning, the need for timely and detailed insight into similar operations has arisen. Such areas as relationships regarding multi-jurisdictional services, multiple station operations, and revenue evaluation play an important part in future planning. In my discussion with several Fire Chief's in other communities, public sector consultation has been extremely beneficial in both future planning and solutions to the issues we face. In discussion with Public Safety Committee members and City Administrator Dave Osberg, it was decided to request of you approval to retain the services of two highly recognized consultants with experience in progressive services such as ours. Mr. O'brien John Doyle, Jr., Health Care Consultant and Lobbyist, and Mr. Greg McDonald of MAC LLC & Associates are believed to have the ability to best provide the services we need. Included with this letter please find a letter of understanding, which was prepared by Mr. Doyle, Jr., Mr. McDonald, and myself. Throughout the preparation of this agreement, thought was given to how each of these key areas would integrate into the discussions and decision-making, which ultimately will occur. The information will be extremely beneficial in assisting to determine the overall future of our services. The timeliness will also assist Council and staff in evaluation of our agreements for contracting of services. FIRE SUPPRESSION FIRE EDUCATION FIRE PREVENTION AMBULANCE SERVICE Requested Action: Approval for retaining Mr. Doyle, Jr. and Mr. McDonald in an . amount not to exceed $16,000.00 at this time and allow for a budget transfer of $16,000.00 from the fire department's ERF. This amount will be realized as savings on the cost of the fire department's engine, which is on order at this time. SEP-7-2005 12:33 FROM:OJ DOYLE CONSULTING 952 431-7352 TO: 6514806170 P.2 O.J. 1)()YI.JE, ,JI~. IIEAL~rll (, AI~]iJ (~O NS1JI11~N'l"'/ I...() DB YIST 112893 Floral Ave. Apple Valley, MH 55124 Phone & Fax: (952) 431.1352 Cell: (952)200-9513 OJ4[MS@aoI.com MEMORANDUM TO: MarkJ. Holmes, Are Chief, EMT..P Hastings Are Department DRAFT RE: Letter of Understanding DATE: September 5,2005 this memorandum of undemanding Is between the Hastings Are Department, with Chief Mark Holmes adlng as agent; and, Doyle Consulting, represented by Its president OJ. Doyle. As we discussed, Doyle Consulting agrees to perfonn the tasks as outlined In the attached "Project Outline for Consultant" sheet and Identified as Goal I, Goal II and Goal III. Doyle ConsulUng will be employing the services Greg McDonald of MAC & AsSocIates, LLC., and may use other resources If needed to successfully complete the project. In any case, Doyle Consulting Is ultimately responsible for the work product and will be the sole contractor with Hastings Are Department Any payments to subcontractors will be the responsibility of Doyle Consulting. We believe that the product will be ready for preliminary review by early November 2005, however unforeseen drcumstances could extend this time period. The total number of hours is uncertain, however, we feel that the following is a good approximation: SEP-7-2005 12:33 FROM:OJ DOYLE CONSULTING 952 431-7352 TO: 6514806170 P.3 Greg McDonald will charge S62/hour and will require approximately 150 hours -$62jhour x 150 hours - $9,300 -Expenses -$800 Total $10,100 OJ. Doyle charges S75/hour x 75 hours - $5,625 Project total: $15,625 Note that DOyle Consulting and Its contract.olS will be in periodic communication with you on details In producing the wor1< product. When the hours engaged approach $15,000, we will notify you. As we discussed. we will also be available for two meetings with township or city elected officials, at your request to facilitate Implementation. Last, this contract may Indude drafting a template for creating an EMS Taxing Distdct, If you so request However. this agreement does not Include actual lobbying activity at the State Capitol. Please take a look at this and let me know If It covers all of the areas of concern. I look forward to hearing from you thanks. Approved by Mark Holmes Signature Date SEP-7-2005 12:33 FRoM:oJ DOYLE CONSULTING 952 431-7352 TO: 6514806170 P.4 . Hasting Fire/Amb. Dept .Revenue & Human Resource Evaluation 2005: Presented by: DO}1e Consulting & MAC & Assoc. LLC. Project Outline for Consultant Dept revenue capturing, human resource evaluation & future plans, with recommendations Goal III: Hastings Fire Dept, MN Evaluate and make recommendation on capturing all potential revenues for the Hasting Fire & Ambulance Department. Evaluate the current application of human resources to the public safety delivery components of the Hasting Rre & Ambulance Department and make recommendations. Selected .Strateglc Planning- objectives addressed Goal: I: Goal II: o The following are the recommended overview of objectives and tasks applicable to the goals. Proposals: Tasks and Objectives Phase 1.: Data Collection Process' 1. Assessment of Cities; Fire and EMS profile A. Current Profiles: Noted changesto each 1. Demographics: Population studies 8. Trends b. Educational 2. Geographic: Primary service areas a. Land usage b. Transportation usage 3. Public safety activities baselines 4. Health care system profiles with ambulance attributes a. Local b. Regional 5. Fire operational profile comparisons a. Current deployment plan b. Policies in place 6. Social development history a. Rural Association 1. Association vs. Non-Association 2. Contract structure 3. Fiscal supportive options b.City of Hastings 8/31/2005 Page 1 of 4 SEP-7-2005 12:33 FROM:OJ DOYLE CONSULTING 952 431-7352 TO: 6514806170 P.5 Hasting Flre/Amb. Dept .Revenue & Human Resource EvaluatIon 2005: Presented by: Doyle Consulung & MAC & Assoc. llC, 7. Economic development B. Attributes of current Fire/EMS pUblic safety delivery [Fire Industry/Ambulance Industry] 1. Consumer/organizational structure/government a. Critical infrastructure/administration b. Development thereof c. Incident management d. Managed health care industry 2. Human Resources a. Development b. RecruitmenVretention c. Staffing levels d. Support services e. Educational systems 1. Organizational structure g. Partnerships 3. System Finance a. Current i. State revenues ii. Federal revenues iii. Local revenues iv. Other v. Percentage profiles b. Evaluation and recommendations to each i. State revenues ii. Federal revenues iii. Local revenues iv. Others c. Future mission of department 1. Community public safety mission a. Fire service components b. Emergency Medical Services components c. Community service d. Public relations e. Dispatch/Communications 2. Organizational Chart 8/31/2005 Page 2 of 4 SEP-7-2005 12:33 FROM:OJ DOYLE CONSULTING 952 431-7352 TO: 6514806170 P.6 Hasting Fire/ Amb. Oept .Revenue & Human Resource Evaluatton 2005: Presented by; Doyle Consulting & MAC & Assoc. llC, a. Levels b. Number of personnel c. Position descriptions 1. Staffing levels by Position descriptions 2. 2nd Fire Station a. Staffing b. Capitalization/Equipment structure 3.. Time-tables D. Draft recommendations to all of A-C. Phase II: Presentation of Initial FIndings E. Draft presentation to appropriate administration for the Hasting Fire Dept. (Input session) Testing of facts and validity of findings. Supportable options to consider: 1. Financial/Revenue planning recommendations 2. Human resource recommendations 3. Options to consider if supportable 4. Other: Input contingencies to draft F. Key decision maker Interviews and abstracting: Current issues from each 1. Baseline list of interviews 2. Key questions developed/scheduling with parties 3. Key discussion-maker's interviews 4. Any needed follow-up contingencies of contractor -Phase III: Final Report Development and Presentation G: Final Product development 1. Presentation[s] 2. Summaries 3. Narrative Reports 4. Tables/Charts 5. Graphics 6. Pictures 7. Drafts 8. Final report 9. Distribution 8/31/2005 Page 3 of 4 SEP-7-2005 12:34 FROM:OJ DOYLE CONSULTING 952 431-7352 TO:6S14806170 P.7 Hasting Fire/Amh Dept . Revenue & Human Resource Evaluation 2005: Presented by: Doyle Consulting & MAC & Assoc. LLC. Proposal For: Revenue Captures and Human Resources Evaluation: Hasting Fire & Ambulance Department, City of Hastings, MN Services Matrix f :,: /::'~,: ~;: ,i:,:1: ~:"~-~~~:~~ , :, ~ ~: r ;; ~ · ( .:;,:'t", ~. " " ,', ,':. ,: <; >'~ /f, ~::~\ ".';:: ~. '~. ,:./ ,.'; ~;, '\:i:;': ::~~ ::::. : :', :: ; >~ - - '" .... -~ Contract establishment A. B. 1. Phase 1: Data CollectJon Process Assessment of Cities; Are and EMS profile A. Current Profiles: Noted changes to each 1. Demographics: Population studies 2. Geographic: Primary service areas 3. PUblic safety activities baselines 4. Health care system profiles wfth ambulance attributes 5. Fire operational profile comparisons 6. Social development history/Rural Association 7. Economic development c. B. Attributes of current Fire/EMS pUblic safety delivery [Fire Industry/Ambulance Industry] 1. Consumer/organizational structure/government 2. Human Resources 3. System Finance C. Future Systems/Mission D. Draft Recommendations D. Phase II: Presentation of Initial F1ndlngs E. Draft presentation to appropriate administration for the Hasting Are Dept. Supportable options to consider: 1. Financial/Revenue planning recommendations 2. Human resource recommendations 3. Options to consider if supportable 4. Other: Input contingencies to draft F. Key decIsion maker Interviews and abstracting: E. F. PhaseUl: final Report Development and Ptesentation G. Final Product development . Plus . auppll~.1 mil,.. ExPenses/Access ..IRS Rate . fees 8/31/2005 Page 4 of 4 Memo VII-1 To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: 17 October, 2005 Subject: Public Hearing - City of Hastings -Zoning Ordinance Amendment #2005-44 - Amend Section 10.08, Sign Ordinance REQUEST The City Council is asked to hold a public hearing regarding proposed changes to Section 10.08 of the Zoning Ordinance, Signs. Over the summer, Staff has been working on some revisions to the Sign Ordinance, with input from the Planning Commission and the Chamber of Commerce. On September 26, the Planning Commission held a public hearing on this matter. No one from the public spoke at the hearing. The Commission recommended approval of the proposed ordinance on a 6-0 vote. RECOMMENDA liON Staff recommends approval of the attached ordinance. BACKGROUND The sign ordinance currently permits banners and other such signage without a permit with the understanding that these signs are temporary in nature. No definition for the term temporary is given, however and there are instances in which business have put up banners that have been in place for several years, circumventing the permanent sign requirements. The Planning Department recognizes the value of banners and other temporary signage for businesses to advertise special events and the like. The intent of this ordinance is not to ban the banners, but to place a reasonable timeframe on their use. Projecting signs have been added as permitted signs within the commercial and office districts. The regulations for such signs are slightly different than the projecting sign regulations for the East 2nd Street Historic District, as they are more in line with the projecting signs that were placed at Schoolhouse Square. It should also be noted that the sign ordinance format has been modified to not be so repetitive. A chart has been added with sign size information for all districts. Previously, this information was included with the text under each district. While the code may look different, the actual changes are still minor overall. There are some other minor language changes that are housekeeping in nature - replacing Community Development Division with Planning Department, for instance. ATTACHMENTS · Ordinance Amendment ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 10, SECTION 10.08, OF THE HASTINGS CITY CODE PERTAINING TO: SECTION 10.08. SIGN ORDINANCE SUBD 1. General Provisions A. Purpose: The purpose of these provisions is to: 1. Establish standards that would permit businesses in the city a reasonable and equitable opportunity to advertise. 2. Preserve and promote civic beauty and not allow signs that would detract from this purpose because of unusual size, shape, height, location, condition or illumination. 3. Insure that signs shall not create a safety hazard. 4. Preserve and protect the value of land and buildings and also preserve and protect landscapes. B. Definitions: See Section 10.02 (DEFINITIONS). C. General: The following are minimum requirements: 1. All signs shall be erected or installed according to state building and electrical codes. Furthermore, all electrical signs shall require underground wiring. 2. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris, bushes, high grass/weeds or anything else that would be a nuisance. 3. Address signs that are clearly legible from the street which access is gained shall be required for each principal structure, except in non- sewered areas where addresses shall be affixed and visible from both sides of the mailbox and/or a separate structure visible from the access or street. 4. Illuminated signs shall be designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. 5. Except as otherwise regulated herein, the minimum setback from property lines for all signs may be zero feet provided that no portion of the sign extends into public right of way. At no time shall a sian be permitted to extend into a Minnesota Department of Transportation riaht of way. Sions above 30" in heiaht may not be placed within the vision trianale. which is measured by 25' in either direction of an intersection at the edoe of the street. or within any easement. 6. Signs permitted by this section shall be designed and constructed to resist wind and seismic forces as specified in the 1982 Uniform Sign Code. 7. Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section, the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. 8. Portable signs are allowed in all commercial districts, except within the Downtown Overlay District, in addition to permanent signs, only by temporary permit issued by the Community DeJ/elopment Division Plannina Department according to provisions established under Subdivision 5 of this Section. Portable signs may not exceed 32 square feet in size or six feet in height. The length of permits for portable signs shall be either 15 or 30 days. Permits for portable signs may be obtained for no more than 60 days per legal parcel per year. Only one portable sign per legal parcel may be permitted at a time. Portable signs may not be situated within any public street right-of- way or easement. Temporary Portable sign permit fees shall be established by resolution of City Council. SUBD. 2. Prohibited Signs and Sign Structures A. No sign shall be located within or over a public right of way unless otherwise specifically permitted by this section or the City Council. B. No illuminated flashing or revolving signs shall be permitted except movie theaters, time and temperature provided such signs are designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. Furthermore, movie theaters with illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and shall not be operated between midnight and 6:00 a.m. C. No sign shall be erected or maintained in a way that obstructs, obscure~ or otherwise physically interfere~ with an official traffic sign, signal/device or driver's view of approaching, merging or intersecting traffic. D. No sign shall be erected or maintained which imitates or resembles any offiicial traffic sign, signal or device. Furthermore, no sign shall contain such wording including, but not limited to, "stop," "warning" or "caution" which may be ,confused with traffic signing or controls unless such signs are approved by the City. E. No sign shall be painted or placed on a fence, utility pole, tree or other like structure except those signs that provide public information concerning a school, city, county, state or federal event. F. No sign shall be made of paper, cardboard or similar material and attached directly to a building. G. No sign/structure shall be placed that will obstruct safe access to doors, windows or fire escapes. H. No sign shall be supported by guy wires. I. No sign shall be placed on a rooftop or project above the roof line when attached to a structure except as may be permitted by the City Council under Subd. 1, of this section. J. Any sign not expressly permitted by the provisions of Section 10.08. Source: Ordinance No. 485 Second Series Effective Date: February 3,2003 SUBD. 3. Signs Permitted without a Permit A. Traffic signs as approved by the Public Works Director. B. Public signs as approved by the City of Hastings. C. Election/campaign signs on private property provided such signs are posted no sooner than 100 days before a city, school, county, state or federal election and removed within 10 days following an election. No election signs shall be affixed to utility poles. D. Real estate, lease and rental signs not more than 15 square feet for residentially zoned property and 32 square feet for non-residentially zoned property provided only one sign per street frontage upon which the property to be sold or leased abuts. E. Open house signs no larger than five square feet that state that a particular home, commercial, industrial or public institutional structure will be open for public inspection for a limited number of hours on a specific day. Said signs may be placed in the city boulevard area on the same day of the open house and only during the open house. F. One temporary, on-site construction sign for a residential development provided a final plat has been filed. Said sign shall not exceed 100 square feet in size,.1 0 feet in height and must be located on a vacant lot or lot with a model home within the subdivision at least 10 feet from the nearest property line. Furthermore, said sign shall be removed when 90 percent of single family or 75 percent of multiple family lots are sold. Construction trailers may be Dlaced in close oroximity to suooort construction of the site. Placement and/or use of the trailers solely for advertisina shall be orohibited. G. One temporary, on-site construction sign for a commercial, industrial or public institution development provided a building permit has been issued. Such sign shall not exceed 100 square feet in size, 10 feet in height and shall be removed before any building in the project is occupied. Where a building permit or certificate of occupancy is not required for a construction project including, but not limited to, landscaping projects, one on-site sign not to exceed 25 square feet in size and 10 feet in height may be allowed up to seven days. Construction trailers may be olaced in close proximity to support construction of the site. Placement and/or use of the trailers solely for advertisina shall be prohibited. H. Name plate signs displaying only the name or address of the owner not to exceed two square feet. I. Garage/rummage sale signs on private property not to exceed four square feet in size and to be removed the same day the sale ends. J. No trespass/no hunting and similar signs not to exceed two square feet in size may be placed on private property. K. Temporarv ribbons, banners, pennants, and similar devices are allowed in commercial, industrial and public institution districts. Such devices 8fe intended to be temporary and shall be removed if they become torn, discolored or in any way damaged to modify their original appearance.:.,safd devices shall be removed. Businesses and/or oroperty owners utilizina these temporarv devices that include advertisina and/or a messaae shall be allowed 90 days per year. Only one device shall be used at a time. and the maximum size of said device shall be eaual to or less than the monument sian standards for the district in which the site is located. or in the case of the East 2nd Street Historic District or Downtown Core District. eaual or less than the wall sian standards. L. Temporary holiday signs or displays relating noncommercial messages associated with national, state or local holidays or festivals. M. One temporary seasonal farm products sales sign not to exceed 32 square feet in size. N. Flags or insignia of any government. SUBD. 4. Signs Requiring a Permit A. Unless otherwise noted. the followina reaulations aooly to all zonina districts. 1. One monument sian for each orincioal structure. unified develooment or leaal parcel. whichever is more restrictive. Lots adiacent to more than one street may have one (1) sian per street frontaae. In no case shall secondary sians exceed 50 SQuare feet in size or six (6) feet in heiaht. 2. Wall. Canooy. Proiectina or MarQuee. Except as otherwise noted. the amount of signaae permitted is based on the wall to which the sian will be attached. Sian heiahts shall not exceed the too of the oaraoet wall or. if there is no parapet wall. sian heiaht shall not exceed heiaht of eaves. 3. On-Site Directional Sians. To direct vehicular and oedestrian traffic in a safe and convenient manner. directional sians are permitted. provided the sian does not exceed the sizes indicated in Fiaure 1. The number and location of directional sians will be determined throuah sian permit review. 4. Figure 1 illustrates the allowed amounts of sianaae oermitted in the various districts. Monument Wall Max size Clearance Max. Dist. from bid Directionals Monument Wall Max size Clearance Max. Dist. from bid Directionals Fiaure 1 Greater of 40 s . ft or 5% of wall are N/A N/A 8 ft. 4 ft. 4 ft. C-3 Greater of 40 S . ft or 50/0 of wall area 8ft. 4 ft. 8ft. 4 ft. 8ft. 4 ft. DC N/A N/A N/A Subd. 4E 8 ft. 2.5 ft. N/A N/A Multiple Occupant Bid 20 ft. 1 00 s . ft. 24 in. 8ft. 4 ft. B. nAil, nRn and np_ln Districts: 1. A: Residential developments with six or more sinale family or multiple family dwellina units may have one monument identification sian oer the sizes indicated in Fiaure 1. One monument identification sign not to exceed 50 square feet in size or fi\(e foet in height for residential developments \',:ith six or more single family or multiple family d\\-elling ~ 2. 8 Churches. public or private schools. hospitals. and residential care facilities are permitted one monument identification for the purpose of displayina the name of the institution and it's activities or services. Ono monument identification sign not to exceed 50 squar€ feet in size or five feet in height for each church, public or parochial school, hospital and residential care facility. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. 3. On-Site Directional Sians are permitted for churches. public or private schools. hospital. residential care facility. or aovernmentlpublic institutions. B. "C-1" and "0-1" Districts: 1. Sians as permitted oer Subd. 4A. One monument sign for each principal structLJre or legal parcel, whichever is more restrictive, not to exceed 50 square feet in size or 6 feet in height. 2. Lots adiacent to more than one street may have one (1) sian per street frontaae. In no case shall secondary sians exceed 50 SQuare feet in size or six (6) feet in heiaht. 'A/all, Canopy, or Marquee. Total sign area on anyone side of a building may not exceed five percent (5%) of the building IDQade on 'Nhich the sign is erected, or forty (40) squ::lFe foet, ':Jhichevor is greater. Sign heights shall not exceed the top of the parapet '11011 or, if there is no parapet ':.(all, sign height shall not exceed height of eaves. C. "C-2" District: 1. Sians as permitted per Subd. 4A. One monument sign for each principle structure or legal parcel, '::hichs'Ier is more restrictive, hO~Nevor, lots 3djocent to more than one stroot may h3ve one (1) sign per street frontage. Signs shall not exceed 50 sqLJar.e feet in size or 6 foet in height. 2. Lots adiacent to more than one street may have one (1) sian per street frontaae. In no case shall secondary sians exceed 50 SQuare feet in size or six (6) feet in heiaht. 3. Additional monument signs permitted for Automobile Dealerships: a One monument sign not to exceed 50 square feet or 6 feet in height for advertisement of sale of pre-owned automobiles. b. One monument sign not to exceed 50 square feet or 6 feet in height for each additional new automobile product line (automobile make) sold on the premises. '.^.'all, Canopy, or Marquee. Total sign area on anyone side of a building may not exceed five percent (5%) of the building fa9ade on ~"a:hich the sign is erected, or forty (10) square feet, ~::hiche~.(er is greater. Sign height shall not exceed the top of the parapet \..~II or, if there is no parapet \vall, sign height shall not exceed height of ea'.(es. D. "C-3" District: 1. Sians as oermitted oer Subd. 4A. Single Occupant Building a. One monument sign for each principal structure, unified development or legal parcel, whiche'Jer is more restrioti'le, ho':te'/er, lots adjacent to more than one street may ha),,(e one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area per sign 'Nith a maximum height of six (6) feet:. b. Wall, Canopy, Of Marquee Total sign area on any side of a building may not exceed five (5) percont of the building fac;ade on ~Nhich the sign is erected, or forty (10) square feet, ~.Nhiche'Jer is gre:lter. Sign height shall not exceed the top of parapet ~:.(all Of, if there is no p:lrapet ~:Jall, sign height shall not exceed height of ea'les. 2. Lots adiacent to more than one street may have one (1) sian per street frontaae. In no case shall secondary sians exceed 50 SQuare feet in size or six (6) feet in height. Multiple Occupant Building a. Area Identification. One (1) monument sign may be erected on a-Iet:- The sign shall not exceed one hundred (100) square feet in area nor be higher than ten (10) feet. Monument signs may include the name of the development and up to four (1) tenants of the de'.(elopment. b. Ocoupant Identification. Sign area may not exceed fi'Je (5) percent of the building foyade on ~Nhich the sign is erected, or forty (40) square feet, 'fJhichever is greater. For purposes of calculating area, the building itself shall be used. c. \^lall signs shall be erected 'f:ithin the leasehold and their ~lIidt~ shall not extend to any point less than one (1) foot from the leasehold boundary. d. Sign height shall not exceed the top of parapet 'Nail or, of there is no parapet 'Nail, sign height shall not exoeed height of e3~.~es. 3. Those oroperties located within the East 2nd Street Historic District are subiect to the reaulations of Subd. 4G. On Site Directional Signs. To direct '.(ehicular and pedestrian traff~c in a safe and convenient manner, directional signs are permitted, pro'/ided the sign does not oxceed f-our (4) feet in height and ~/JO (2) square feet in size. The number :lnd location of directional signs '::iII be determined through sign permit re)Jie'.\'. E. "C-4" Districts: 1. Sians as oermitted per Subd. 4A.Single Occupant Building a. Under 100,000 square feet One monument sign for each principal structure, unified development of legal parcel, \\'hichever is more restrictive, hO'l.fe\fer, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area per sign 'fJith a maximum height of six (6) feet. b. Over 100,000 square feet One Monument sign for each principal structure, unified development or legal parcel, 'Nhiche\'er is more restrictive, ho'::e':er, lots adjacent to more than one street may ha':e one (1) sign per street front3ge. Primary sign shall not exceed seventy fi'/e (75) square feet in are3 per sign ':Jith a maximum height of fifteen (15) fect, and a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign '::ith a maximum height of six (6) feet. c. \/'./all, Canopy, or Marquee Total sign area on any side of a building may not exceed five (5) percent of the building faC}ade on \vhioh the sign is erected, or forty (40) square feet, 'Nhiche'Jer is greater. Sign height shall not exceed the top of parapet 'Nail or, if there is no parapet '....311, sign height shall not exceed height of ea':es. 2. Lots adiacent to more than one street may have one (1) sian per street frontaae. In no case shall secondary sians exceed 50 SQuare feet in size or six (6) feet in heiaht. Multiple Occupant Building a. One monument sign for each principal structure, unified development or legal parcel, \\fhiche\'er is more restrictive, hO)J.'e':er, lots adj3cent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed one hundred (100) square feet in are3 per sign ':/ith a maximum height of tv/enty (20) feet, 3nd a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. Monument signs may include the name of the de\'elopment and up to four (1) tenants of the development. b. Occupant Identification. Sign area may not exceed five (5) percent of the building faQade on '.\'hich the sign is erected, or forty (10) square feet, 'A'hichever is greater. For purposes of calculating area, the building itself shall be used. The building faQade of the leasehold shall not include the area of any oanopy. c. \1\,':111 signs shall be erected 'I:ithin the leasehold and their ~::idth shall not extend to any point less than one (1) f.oot from the leasehold boundary. d. Sign height shall not e>roeed the top of parapet ~.\'all or, if there is no parapet ~:..all, sign height shall not exceed height of ea~'es. 3. Movie Theatres. The primary wall sign may not exceed ten (10) percent of the building fayade on which the sign is erected. Secondary signs on the other building facades may not exceed five (5) percent of the building fa~de on which the sign is erected, or forty (40) square feet, whichever is greater. '1. On Site Directional Signs. To direct ~.~ehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted, provided the sign does not exceed four ('1) feet in height and t\4:0 (2) square feet in size. The number and location of directional signs ~:.fill be determined through sign permit re~Jie'.v. F. "1-1" and "1-2" Districts: 1. Sians as permitted per Subd. 4A.One monument sign for eaoh principal structure or legal parcel, ~Nhichever is more restrictive, not to exceed 50 square feet in size and 6 feet in height. 2. \^.'all Canopy, or Marquee total sign :lre:l on any side of a building may not exceed fi\,'e (5) percent of the building fa~ade on ~Nhich the sign is erected, or f.orty (40) squ:lre feet, 'Nhichever is greater. Sign height shall not exceed the top of parapet ~:J311 or, if there is no parapet ~Nall, sign height shall not exceed height of eaves. 3. On site directional signs for directing vehicular or pedestrian tfaff-ic in a s:lfe :lna convenient manner are permitted pro'Jided the sign does not exceed four (4) feet in height and tv:o (2) square feet in size. The number and location ~.\'iII be determined through sign permit re~Jie'.v. G. "DG'l.'ntewn" O\'erlay District DC- Downtown Core and East 2nd Street Historic District: 1. The "Do'tlnto~.'.~n" O~'erlay District as established in this ordinanoe has a unique and historic character. Downtown Hastings is a remarkably intact and compact example of commercial architecture from the 1860's to the 1920's. This historic character is considered an important asset of "Downtown" and, therefore, it is the intent of the Sign Section that this character be preserved. To accomplish this objective, all permanent signage within the "DOVInto\vn" Overlay District East 2nd Street Historic District or on property zoned DC Downtown Core shall comply with the following requirements and guidelines: a. Wall signs not to exceed two square feet per linear foot of building frontage. The size of a sign should be appropriate to the building. b. Signs should not cover up the traditional design elements of a building as identified in the following sketch: i. When feasible signage shall be at traditional locations including: painted inside the windows, door pane or transom pane; flush on the storefront cornice or lintel; letters painted or attached directly on the cornice or lintel; mounted flush between the lintel and second floor windows. c. The style, colors, lettering and materials of the sign should reflect the age of the building. Examples may be found in old photographs and surviving signs. d. Contrast between a dark background and light lettering, or vice versa, is more important than size. The lettering style should be chosen for its legibility. e. Plastic, aluminum and back lit signs are not usually appropriate on older buildings because of their materials, colors, size and style of lettering. The content and logo of corporate and product signs can be transferred to more traditional materials and styles of sign. f. Signage shall be permitted on canvas or treated cloth awnings where they are compatible with the age of the building and character of "Downtown". g. Projecting signs are permitted 'J:ithin the East 2M Street Historic District upon appro'J31 of the Heritage Preservation Commission. The signs must conform witA to the following: i. Minimum height above grade is eight (8) feet. Maximum height above grade is 11' for the sign, and 12' for the bracket. ii. Sign may not project more than two and one-half (2.5) feet from the face of the building. iii. Total sign face may not exceed six (6) square feet. iv. Materials must be wood and/or metal. Plastic signs are not permitted. v. Projecting signs may not be lit, internally or externally. vi. Plans must be submitted to show how the sign will be anchored to the building and masonry. vii. Only one projecting sign permitted per business eF building. viii. Signs must be advertising a specific business name, not a generic product. ix. The sign area of the projecting sign comes off the total signage allowed for the building under these DO\..'nto'I.'n Overlay District requirements. --OECOAAT'vt-- - CORNlCE II WI~OOW HOOD ~t^SOl'lR y WALL . REGULAkL Y SPACED WI:-lOOWS STOREFRONT CORNICE OR L1:-.lEL TIlANSOM" ~tASONR Y PIER. OISPLA Y' WI~1X)W .BULKHEAD 2. All signs proposed to be constructed \\'ithin the "Do\\fnto'Nn" Overl:lY District on properties that are designated as Heritage Preservation Sites or are in a Historic District are subject to approval by the Heritage Preservation Commission. 3. Freestanding signs are prohibited in the "Do'Nnto\AJn" O\'orlay District East 2nd Street Historic District or on properties zoned DC Downtown Core. SUBD. 5. PERMIT REQUIREMENTS. A. Except as otherwise provided in this section, no sign or structure shall be erected, constructed, altered, rebuilt or relocated until a permit has been issued by the City. B. Sign applications are available from the Community De'Jelopment Division Plannina Department. The applicant shall include sign dimensions, height, colors, construction materials, method of anchoring, content, and location. A sketch or photograph of the proposed sign is required and a site plan that adequately illustrates the location of the sign. In addition, the application shall include the location and size of all other signs at the subject property/development. C. Once a completed sign application is filed with the Community Development Di\'ision Plannina Department, staff shall review the plans and specifications for the proposed sign(s). If the proposed sign(s) meets ordinance requirements, the building code and all other laws and ordinances of the City, a sign permit will be approved. D. The required fee as established by resolution of the City Council shall be paid to the City before issuance of a sign permit. SUBD. 6. NONCONFORMING AND ILLEGAL SIGNS. A. Any sign legally existing on the effective date of this ordinance that does not conform to the requirements set forth in this ordinance shall become a nonconforming use and/or structure. Except as otherwise provided in this section, nonconforming signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance. Furthermore, nonconforming signs are subject to the provisions contained at Section 10.06. B. Any sign that is violation of this ordinance shall be removed or altered to comply with this section. C. Maintenance of existing signs, including the replacement of faceplates of the same size, shall be permitted on non-conforming signs. D. Temporary ribbons. banners. pennants. and similar devices that are in use as of the adoption of this ordinance must complv with the provisions of Subd. 3k of this section. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this 17th day of October, 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the of , 21005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) T~is instrument drafted by: City of Hastings (KKJ) 101 4th St. Hastings, MN 55033 MEMO VII-2 TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene A. Stark, Finance Director Public Hearing-Ordinance Amendment 2005 - -Utility Billing October 10,2005 REQUEST: The City Council is asked to hold a public hearing and second reading to adopt the attached amendment to the Hastings Ordinance chapter 12, Section 12.04 Subd. 8 A and B. RECCOMMENDA TION: A first reading and public hearing was approved on September 6th. All licensed landowners were contacted via mail as to the public hearing and what this amendment will change in regards to billing of City utilities. Currently the City bills the City's Utility charges to either the tenant or the owner based upon the wishes of the owner of the property. The area of concern is when a tenant leaves a unit with an unpaid final bill. The City tries to collect this bill from the owner and when unsuccessful we then turn it over the County for assessment against the property. The law is unclear if this is legal or not. The proposed ordinance amendment will require the water bill to be in the name of the property owner. We have received a few calls in regards to this change. Most of the calls understood what we were trying to do and didn't have a problem with the change. I have consulted with the City's Legal counsel, Shawn Moynihan and he is in agreement with this change. The League of Minnesota Cities also recommends that Cities have the Utilities in the owner's name. Savings to the City will be: 1. Time spent by city staff processing requests for a final reading - from receiving original request to billing these finals. 2. Time spent by the Public Works employees going out to acquire final readings. 3. Removing rental finals will in turn mean less delinquent accounts going through the certification process to the County for collection and thus reducing the time these bills are outstanding. Some of these bills are almost 2 years old before being collected on the tax rolls. 4. Clearing up the liability issue of whose bill it is. Can the City assess the landlord for bill that is in the tenant's name? The law is unclear at this time. There will be a loss of revenue of $25.00 that is assessed for each time an account is finalized out, but I believe our savings in time spent on this outweighs the loss of revenue and possible lawsuits. Attachment: Ordinance Amendment ORDINANCE NO. - SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS AMENDING CHAPTER 12 TO MODIFY THE DEFINITION OF CONSUMER AND TO MODIFY THE DELINQUENCY PERIOD NEEDED BEFORE CERTIFYING UNPAID UTILITY BILLS TO THE COUNTY AUDITOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: I. HASTINGS CITY CODE CHAPTER 12.01 SUBDIVISION 4 IS HEREBY AMENDED TO READ AS FOLLOWS: 12.01 Subd. 4. The terms consumer and customer shall refer to any user of a utility except when those terms are used with regards to a municipal utility, then those terms shall refer to the owner of the property being served by the municipal utility. II HASTINGS CITY CODE CHAPTER 12.04 SUBDIVISION 8 (A) IS HEREBY AMENDED TO READ AS FOLLOWS: 12.04 Subd.8(A). Statements for municipal utility charges shall be rendered to the consumer at the usual times and in the usual manner. If any such municipal utility bill remains unpaid for period of more than thirty (30) days, then a statement of such delinquent and unpaid service charge shall be served by mail or personally upon the consumer. If the consumer fails or refuses to pay bills for utility charges relating to such premises within a period of thirty (30) days after statement of such charges has been duly rendered the city may disconnect and discontinue to provide utility service for such premises. IlL HASTINGS CITY CODE CHAPTER 12.04 SUBDIVISION 8 (B) IS HEREBY AMENDED TO READ AS FOLLOWS: 12.04 Subd. 8(B). Each charge levied by and pursuant to this Chapter is hereby made a lien upon the premises served by a connection to a municipal utility system of the city and located within the City; and all such charges which are more than 60 days past due, and having been properly billed to the consumer of the premises served, shall be certified by the City Clerk to the County Auditor and the City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof and the description of the premises served, the name of the owner thereof, and the amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer and paid to the City along with other taxes. IlL VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this chapter when they perform an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereo-f, shall be punished as for a misdemeanor. This ordinance was adopted by the Hastings City Council on this _ day of CITY OF HASTINGS ,2005. Michael D. Werner, Mayor ATTEST: David M. Osberg, City Administrator October 12, 2005 TO: The Honorable Mayor & Council VII-3 FROM: John Grossman, HRA Director RE: Public Hearing: Midwest Products Business Subsidy SUMMARY: The Land Credit is offered under the business subsidy criteria adopted by Council on December 20, 1999, amended March 3, 2003. State Law requires that the city hold a public hearing on the terms of agreements when the amount of assistance exceeds $100,000. BACKGROUND: The Economic Development Commission recommended the concept to Council on December 15,2004. City Council gave preliminary concept approval on February 7, 2005. Copies of the purchase and development and the business subsidy agreements are inclosed. The basic facts are as follows. Robert C. Bezdichek and Mary J. Bezdichek are the owners of Midwest Products Company, a Minnesota "C" Corporation. The company has been in business since 1997. The company is a distributor and fabricator of framing materials used for pictures and displays. Midwest Products would receive title to Lot 6, Block 2, HIP No.7, 104,004 sq.ft. The lot has a value of $140,405. Midwest would pay $2.00 on closing and the balance of the land value, $140,403 will be deferred for five years. They will agree to remain in business in Hastings for five years. Midwest Properties will agree to construct a 20,400 sq. ft. building at a cost of approximately $880,000 on the lot by December 31,2006. Under the business subsidy agreement, Midwest Products will be responsible to provide 5 new jobs at the property at an average wage of no less than $12.00 per hour within two years of the Certificate of Occupancy. If they do not create the new jobs in two years (three if an extension is granted), they will have to pay the City a pro-rated share of the land value. When Midwest Products completes the building and has an annual payroll as proposed, their credits against the deferred land value are estimated to be $126,000. If, five years after receiving title, the total credits do not exceed the value of the land, the balance will be due and if not paid will be assessed against the land. BUSINESS SUBSIDY CRITERIA Business subsidies are expected to meet these criteria. USE OF LAND: Industrial, a use for which the land credit is authorized. SIZE OF BUILDING & LOT COVERAGE: The 20,400 s.f. building covers 19.60/0 of the lot, a normal lot coverage allowing for parking and drives. The amount of land used in this subsidy is not excessive. JOB AND WAGE GOALS TO BE MET IN TWO YEARS. Five new full time or full time equivalent jobs at $12 an hour. The City's minimum wage to qualify for land credit is $10.00. Although not a requirement, businesses generate 2 jobs an acre, on average, so 5 jobs for 2.4 acres is in the right range. BUSINESS RESPONSIBLE FOR CREATING JOBS: Midwest Products. If there are other tenants in the building they will not be responsible for job creation. PARENT CORPORATION: Midwest Products does not have a parent corporation. OTHER BUSINESS SUBSIDIES: None PUBLIC PURPOSES: 1. Increase the tax base by the development of underutilized property. 2. Create new jobs at competitive wages in the community. REASON FOR THE SUBSIDY: Deferring the cost of the land reduces the initial cash cost of the project and facilitates securing a construction loan. If a land payment is due to the City in five years, the company will have had time to save for that purpose. FINANCIAL OBLIGATIONS OF THE RECIPIENT IF THE GOALS ARE NOT MET: 1. If the job and wage goal is not met in two years, or three with extension, a pro-rated portion of the subsidy must be repaid by the land owners to the City. 2. If the building is not completed, a pro-rated portion of the subsidy must be repaid by the land owners to the City. 3. If the building credit and payroll credit do not exceed the balance due on the land, the difference must be repaid by the landowner to the City. If not paid the City will assess the balance against the property. SUMMARY: The terms of the agreements meet the City's criteria for the land credit program, a business subsidy in the amount of $140,403. NO ACTION REQUESTED: The resolution approving the terms of the purchase and development agreement and the business subsidy agreement and authorizing the Mayor and City Clerk to execute the documents will be submitted at a later meeting. September 28, 2005 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and MIDWEST PRODUCTS COMPANY Dated: , 2005 This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE II Representations Section 2.1. Representations by the City Section 2.2. Representations by the Developer 4 4 ARTICLE 01 Conveyance of Property Section 3.1. Status of Property Section 3.2. Agreement to Sell Section 3.3. Conditions Precedent to Conveyance Section 3.4. Title Section 3.5. Environmental Assessment Section 3.6. Closing Section 3.7. Access to Property Section 3.8. Assessments Section 3.9. Business Subsidy Agreement Section 3.10. City Costs 5 5 6 6 7 7 8 8 10 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements 11 (i) Section 4.2. Construction Plans and Site Plan Section 4.3. Commencement and Completion of Construction Section 5.1. Insurance Section 6.1. Real Property Taxes ARTICLE V Insurance ARTICLE VI Taxes ARTICLE VII Fioaocioe Section 7.1. Mortgage Financing Section 7.2. Limitation on Encumbrance of Property ARTICLE VIII Prohibitions Aeainst Assienment and Transfer: Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement Section 8.2. Release and Indemnification Covenants Section 9.1. Events of Default Defmed Section 9.2. Remedies on Default Section 9.3. No Remedy Exclusive ARTICLE IX Events of Default (ii) 11 11 12 14 14 14 14 15 16 16 17 Section 9.4. No Additional Waiver Implied by One Waiver Section 9.5. Effect of Termination of Agreement Section 9.6. Costs of Enforcement ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable Section 10.2. Provisions Not Merged With Deed Section 10.3. Titles of Articles and Sections Section 10.4. Notices and Demands Section 10.5. Disclaimer of Relationships Section 10.6. Modifications Section 10.7. Counterparts Section 10.8. Judicial Interpretation Section 10.9. Severability Section 10.10. Termination SCHEDULE A SCHEDULE B Description of Property Business Subsidy Agreement (iii) 17 17 17 17 18 18 18 18 18 18 18 19 19 PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2005, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Midwest Products Company, a Minnesota corporation (hereinafter referred to as the "Developer"), having its principal office at 17155 Neill Path, Hastings, Minnesota 55033. WITNESSETH: WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota and is the owner of certain real property located in an industrial park within the City (which real property is referred to herein as the "Property"); and WHEREAS, the City has identified as one of its objectives the encouraging of economic development and jo b growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon an office and warehouse building of approximately 20,400 square feet with a market value for real property tax purposes of at least $790,000; and WHEREAS, the Developer has further proposed that in consideration of the City's conveyance of the Property the Developer will meet certain employment and wage requirements within specified times after conveyance of the Property; and WHEREAS, the Developer has represented to the City that the Developer is unable to secure the necessary fmancing to acquire the Property and construct the Improvements if the Developer is required to purchase the Property for its current market value; and WHEREAS, the City is willing to sell the Property to the Developer but only if the Developer complies with its construction, employment and other covenants under this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Defmitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessments" means the assessments to be levied against the Property pursuant to Section 3.8 of this Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes, sections 116J.993 to 1 16J.995. "City" means the City of Hastings, Minnesota "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County" means Dakota County, Minnesota "Developer" means Midwest Products Company, a corporation, its successors and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defmed as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defmed. Laws or Regulations mean and include the Comprehensive Environmental Response and Liability Act ("CERCLA" or the Federal Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 U.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRA"); the Clean Water Act, 33 U.S.C. 1321, et seq.; the Clean Air Act 42 U.S.C. 7401, et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder" means the owner of a Mortgage. "Improvements" means the construction by the Developer of an office and warehouse building of approximately 20,400 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part, by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer agrees to payor assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties whic~ by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement) which directly result in delays. 3 ARTICLE II Reoresentations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief: at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely affect the contemplated use of the Property. (d) To the best of the City's knowledge and belief: no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used, incorporated into, discharged, released, stored, generated, disposed of: or allowed to escape in, to, or upon the Property. (e) To the best of the City's knowledge and belief: no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed, threatened, anticipated or in existence with respect to the Property. (f) The Property: (i) consists of approximately 2.4 acres; (ii) is currently zoned 1-1; (iii) is not in the designated 100 year flood plain area; and (iv) does not currently receive preferential tax treatment (i.e. Green Acres). Section 2.2. Representations by the Developer. The Developer represents that: (a) The Developer is a Minnesota corporation duly organized and authorized to transact business in the State, is not in violation of any provisions of its articles of incorporation, bylaws or the laws of the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its members. (b) The Developer will construct the Improvements in accordance with the terms of this Agreement and all locaL state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans and site plan approved by the City. 4 (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of the Developer's knowledge, is aware of no facts the existence of which would cause the Developer to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City is required to take any action to obtain any necessary permits or approvals with respect to the Property under any local, state or federal environmental law or regulation, the Developer will cooperate with the City in connection with such action. (d) The Developer has or will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and operated. All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in all material respects as of the date of closing on conveyance of the Property to the Developer. ARTICLE III Conveyance of Prooertv Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired the Property as part of an industrial park and developed the industrial park through the installation of infrastructure in order to provide readily available sites for businesses seeking industrial space. The public improvements to the industrial park benefited all parcels of property in the industrial park. The City is willing to initially convey the Property to the Developer for a purchase price less than the value of the Property and the costs that the City has incurred in developing the Property in consideration of the Developer's covenants and obligations under this Agreement. The Developer and the City have agreed that the value of the Property and public improvements that have been installed by the City that is in excess of the purchase price may be assessed against the Property and may be repayable in accordance with Section 3.8 of this Agreement. 3.2 Agreement to Sell. (a) The City and the Developer agree that the value of the Property in its current improved state is at least $140,405.00. However, the Developer has stated that it is unable to pay more than a nominal amount for the purchase of the Property. Therefore, the City agrees that it will sell the Property to the Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre, or $2.00 total, and the performance .of the Developer's other covenants under this Agreement. The Developer agrees that it will purchase the Property for the purchase price of $2.00 and that it will fulfill all of the other obligations of the Developer set forth herein. 5 (b) The purchase price to be paid by the Developer to acquire the Property shall be payable by means of cash or certified funds on the date of closing on the sale of the Property to the Developer. Section 3.3. Conditions Precedent to Conveyance. The City~s obligation to sell and the Developer~s obligation to purchase the Property shall be subject to satisfaction of all of the following conditions precedent: (a) The Developer having obtained the requisite approval of the City hereunder and all applicable governmental agencies and instrumentalities~ municipal, county, state and federal, to the development of the Property through the construction of the Improvements in accordance with the Developer~s Construction Plans and site plan. (b) The Developer having obtained: (i) amendments, revisions, exceptions or changes as may be necessary to applicable zoning codes and ordinances; (ii) special use permits, if applicable, (iii) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, if necessary; (vii) vacations and variances deemed necessary by Developer or as may be otherwise required to permit Developer to construct the Improvements in accordance with the Developer~ s Construction Plans and site plan; and (viii) the City's approval of the Developer~s Construction Plans and site plan for the Improvements. (c) The Developer having determined that the Property has soil bearing characteristics sufficient to support the Improvements. (d) The Developer having reviewed and approved, or waived any objections to, title to the Property pursuant to Section 3.4 of this Agreement. (e) Developer shall have secured construction and permanent mortgage loan fmancing sufficient for the acquisition of the Property and construction of the Improvements, which fmancing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days from the date of this Agreement, either the City or Developer may terminate this Agreement by giving written notice of termination to the other party, whereupon this Agreement shall be null and void and the Developer and City shall execute an instrument in recordable form canceling this Agreement. Upon termination of this Agreement, the City and the Developer shall have no further obligations to the other under this Agreement, except as stated in Section 9.5 of this Agreement. Section 3.4. Title. (a) The Developer has obtained a commitment for the issuance of an owner's policy of title insurance for the Property naming the Developer as the proposed insured party. The Developer shall be allowed twenty (20) days after the date hereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Developer may not object to Permitted Encumbrances. The 6 Developer's objections shall be made in writing or shall be deemed waived. If any objections are so made, the City shall be allowed ninety (90) days from notice thereof to cure the title defect or exception, either by the removal thereof or by the procurement of title insurance endorsements satisfactory to Developer providing coverage against loss or damage as a result of such defect or exception. If the City does not cure such title defect or exception to Developer's satisfaction within said ninety (90) days, the Developer may, at its option, either (i) terminate the Agreement upon written notice to the City upon which this Agreement shall be null and void and the Developer and the City shall execute an instrument in recordable form canceling this Agreement; or (ii) waive the title defect or exception and proceed with the closing on the purchase of the Property. If the Developer waives the title defect or exception and proceeds to acquire the Property, the City shall have no further obligations with respect to any such defects or exceptions. The cost of obtaining the title insurance commitment and the cost of title insurance shall be borne by the Developer; provided that the City shall pay the cost of updating the abstract or registered property abstract for the Property or, if there is no abstract or registered property abstract in the possession of the City, the costs of updating title for purposes of the issuance of the title insurance commitment. (b) Within a reasonable time after the date hereof: the Developer shall obtain and furnish to the City, at the Developer's expense, a survey of the Property prepared by a registered surveyor certified to date, showing: (i) the number of square feet contained in the Property, measured to the right-of-way line of public roads upon which the property abuts; (ii) the exact legal description of boundary lines of the Property; (iii) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; (v) assumed bearings used by the surveyor; (vi) direct legal access from a public road to the Property; and (vii) information required by the City for site plan approval and building permit approval. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if it closes on the acquisition of the Property it will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy described in Section 3.4 (the premium for which and the cost of obtaining the commitment for which shall be paid by Developer); and (iii) a Seller's Affidavit, in customary form, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. 7 (c) costs: At closing on the conveyance of the Property the Developer will pay the following (i) State deed tax; and (ii) Conservation fee payable in connection with the conveyance. (iii) the purchase price; (iv) the cost of updating title information and obtaining the title msurance commitment and the premium for the policy of title insurance; (v) The costs described in Section 3.10; (vi) The cost of the Survey described in Section 4.2(b); (vii) Recording fees for the deed, this Agreement and any other documents required to be recorded in connection with the conveyance; and (viii) Closing costs. Section 3.7 Access to Property. During the term of this Agreement, the Developer and its authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees and commissioners from and against any and all damage to property or injury to person arising out of the Developer's exercise of its right of access to the Property under this Section. The Developer shall be entitled to actual possession of the Property on the date of closing on conveyance of the Property to the Developer. Section 3.8. Assessments. (a) The Developer agrees that it will pay to the City the current value of the Property and the improvements that have been made to the land by the City prior to the date hereof if and to the extent required by this Section. The value of the land that is not being paid in the form of the purchase price paid at the time of conveyance of the Property is agreed to be $140,403.00 In order to secure the City's interest in being paid such amount the Developer and the City agree that the City may at the time of closing on the sale of the Property to the Developer or at any time thereafter assess such amount against the Property with the same force and effect as an assessment under Minnesota Statutes, Chapter 429. Such amount so assessed is referred to herein as the "Assessments" and shall constitute a special assessment lien against the Property enforceable in the manner applicable to the lien of assessments levied under said Chapter 429. The Developer agrees that this Agreement constitutes a petition to assess the Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that it will not contest the amount or validity of the Assessments on constitutional, statutory, procedural or other grounds and shall cause any Holder and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrument, in a form acceptable to the City, acknowledging the validity of the lien of 8 the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection of the lien of the Assessments as a frrst lien on the Property. Payment of the principal amount of the Assessments shall be deferred but shall be due and payable on 1, 2010, unless accelerated pursuant to Section 9.2 or unless satisfied as provided in Section 3.8(e), except as the payment obligation may be reduced pursuant to Section 3.8(b) and (c). No interest shall accrue with respect to the Assessments until 1, 2010, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fails to pay any amount that is owed on 1, 2010, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest from such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Wells Fargo Bank Hastings. (b) The amount of the Assessments to be paid by the Developer to the City on 1, 2010, shall be reduced by an amount referred to herein as the "Construction Credit". The Construction Credit shall be equal to the market value of the Improvements, exclusive of the value of the Property, for real property tax purposes, on the January 2nd prior to the date the Assessments are due, divided by 10. For example, if the value of the Improvements, exclusive of land value, on January 2, 2010, is $880,000 the amount of the Construction Credit available on 1, 2010, would be $88,000.00. No Construction Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. (c) The amount of the Assessments to be paid by the Developer to the City on 1, 2010, shall be further reduced by an amount referred to herein as the "Jobs Credit". Prior to closing on the conveyance of the Property to the Developer the Developer shall furnish to the City paYroll records in such form as the City may require documenting the wages paid by the Developer in the twelve month period preceding the closing. The City shall determine such total wage amount for such twelve month period and such amount shall be referred to as the "Existing PaYroll". The Jobs Credit shall be equal to the annual paYroll, in excess of the Existing PaYrolL in the twelve (12) month period immediately preceding the date that the Assessments are due of the Developer's operations on the Property, divided by 27,000, with the result then being multiplied by $5,400.00. For example, if the annual payroll of the Developer for the twelve (12) month period in excess of the Existing Payroll is $208,000.00 the amount of the Jobs Credit (($208,000.00/27,000) x $5,400.00) shall be $41,600.00. For purposes of determining the Developer's annual payrolL only gross wages paid to employees shall be considered. A maximum of $50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in the Developer may be included in the gross wages paid by Developer. Wages paid to employees of tenants of the Developer in the Improvements shall not be considered when calculating the Jobs Credit. Only employees of the Developer will be counted. No Jobs Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. If the 9 Assessments as reduced by the Construction Credit and the Jobs Credit are less than zero, the Developer shall not be entitled to any payment from the City. (d) The Developer shall provide within ten (10) days of request by the City all documentation requested by the Authority to determine the amount of the Assessments that may be due under this Section. The City will, to the extent permitted by law, maintain the confidentiality of all information provided to the City under this subsection. (e) At any time prior to 1, 2010, the Developer may prepay the amount of the Assessments that are due at such time based on documentation provided to the City by the Developer as to the amount of the Jobs Credit and the Construction Credit to which the Developer is entitled at such time. The Developer's right to prepay the Assessments or seek a determination that no Assessments are payable shall be subject, however, to the conditions that (i) the Developer shall have completed construction of the Improvements as evidenced by the City's delivery of a certificate of occupancy, including all site improvements or, if items cannot be completed due to weather conditions, the Developer has established an escrow acceptable to the City to guarantee the completion of such unfmished items; and (ii) no uncured Event of Default shall have occurred under this Agreement. Upon such prepayment or upon the Developer's demonstration to the City that no amount of the Assessments is due, the City will execute a certification in recordable form certifying that the Assessments have been paid in full and discharged as a lien from the Property. Notwithstanding the full or partial termination of the Assessments that may be due under this Agreement, such payment shall not terminate or reduce the Developer's obligations, including possible repayment obligations, under the Business Subsidy Agreement. Section 3.9. Business Subsidy Agreement. The fmancial assistance being provided to the Developer by the City under this Agreement constitutes a "subsidy" within the meaning of Minnesota Statutes, sections 116J.993 to 116J.995. Therefore, at the time of closing on the conveyance of the Property to the Developer by the City, the City and the Developer shall enter into the Business Subsidy Agreement to satisfy the requirements under said statutory provisions. The repayment obligations set forth in the Business Subsidy Agreement are mandated by State law and are separate and distinct from the obligations of the Developer under this Agreement. Therefore, the Developer's repayment obligations under the Business Subsidy Agreement shall not be satisfied in whole or in part by any Construction Credit or Jobs Credit that the Developer may have earned under this Agreement. . Section 3.10. City Costs. The Developer shall pay all of the City's out-of-pocket costs paid or payable by the City to attorneys or consultants in connection with the negotiation and preparation of this Agreement and related documents, financial reviews of this transaction, and the conveyance of the Property, including closing and recording costs. The City estimates that such costs will be approximately $ and agrees that the maximum costs for which the Developer will be liable relative to the negotiation and preparation of this Agreement shall be $ 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain, preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof: in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a) The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that it will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore, within thirty (30) days from the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing it: in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part, by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for itself: its successors and assigns, and every successor in interest to the Property, or any part thereof: that the Developer, and its successors and assigns, shall promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 of this Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by , and shall complete such construction by II . The Developer shal~ however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security from the Developer to assure that any uncompleted work is completed. ( c) The Developer shall only be deemed to have fulfilled his obligations to construct the Improvements if upon completion of the Improvements the Improvements, exclusive of the value of the Property, have a market value for tax purposes of at least $790,000.00. ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (iii) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fIre, extended coverage, all risk vandalism and malicious mischief: boiler explosion, water damage, demolition cost, debris remova~ and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds 12 thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City which consent shall not be unreasonably withheld. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavating costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once very three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements shall be carried in the names of the Developer and the City as their respective interests may appear and shall contain standard clauses which provide for net proceeds of insurance resulting from claims per casualty thereunder to the Improvements to be made payable to the Developer. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with fmancially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of: the Improvements or any portion thereof resulting from fire or other casualty. In the event of any such damage or destruction, the Developer will forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage. Failure by the Developer to rebuild the Improvements shall constitute an Event of Default under this Agreement which shall entitle the City to declare the Assessments due under Section 9.2 of this Agreement. (d) The City agrees that, if requested by the Developer's lender of financing for the construction of the Improvements, it will subordinate its rights relative to the receipt and application of the proceeds of insurance under this Agreement to the lien of such lender's mortgage. 13 ARTICLE VI Taxes Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2005 shall be apportioned between the Developer and the City as of the date of conveyance of the Property, with the result that the City shall pay that portion of such taxes attributable to the period of the year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to the period of time commencing with the date of conveyance. Real estate taxes and assessments due and payable in the year 2004 and all prior years, deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any, shall be paid by the City. After its acquisition of the Property, the Developer shall pay all real property taxes and special assessments in a timely manner and prior to the imposition of penalties. ARTICLE VII Financin2 Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has obtained mortgage or other construction and permanent financing in an amount sufficient for acquisition of the Property and construction of the Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer nor any successor in interest to the Property, or any part thereof: shall engage in any fmancing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements, without the prior written approval of the City. All fmancing and other transactions shall contain an agreement in a form acceptable to the City by which a proposed Holder agrees to be bound by and subject to the Assessments. ARTICLE VIII Prohibitions A2ainst Assi2nment and Transfer" Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) The Developer represents and agrees that prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, except only by way of security for, and only for, the 14 purpose of obtaining fmancing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to constructing the Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the City. The City may require as a condition to the approval of any transfer, sale or assignment that the Developer pay to the City the amount of the Assessments determined to be due on the date of the transfer, sale or assignment calculated in the manner provided in Section 3.8. (b) Notwithstanding the prohibitions contained in (a) above, the City understands that approximately 5,040 square feet of the Improvements will be reserved for leasing to a third party tenant. The City hereby consents to such leasing of such space in the Improvements. (c) In the absence of specific written agreement by the City to the contrary, no transfer of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, from any of its obligations hereunder. Section 8.2. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements. (c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by the City of any immunity or limits on liability under State law, including, without limitation, Minnesota Statutes, Chapter 466, relative to tort or other claims. 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defmed. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides}, anyone or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 of this Agreement. (c) Failure by the Developer to obtain fmancing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval (including resolution) pursuant to the terms, conditions and limitations of Article IV of this Agreement. (e) Failure by Developer to provide any documentation or information required to be provided under the terms of this Agreement. (f) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (g) The Developer does any of the following : (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an assignment for the benefit of its creditors; or (iii) admits, in writing, its inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereo:f; or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty (60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take anyone or more of the 16 following actions after providing thirty (30) days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days: ( a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2, 3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that it shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, officiaL or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of 17 any default or breach or for any amount which may become due to Developer or successor or on any obligations under the tenns of the Agreement. Section 10.2. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 17155 Neill Path, Hastings, MN 55033; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East, Hastings, Minnesota 55033-1955, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City, the Developer and/or any third party. Section 10.6. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 10.7. Counterparts. This Agreement may be executed m any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. 18 Section 10.9. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10.10. Termination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due or upon Developer's satisfaction of all obligations under the Business Subsidy Agreement, whichever is later. Upon such termination, the City shall provide the Developer with a certificate evidencing the termination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date of termination of this Agreement. 19 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk MIDWEST PRODUCTS COMPANY By Robert C. Bezdichek, President By Mary 1. Bezdichek, Vice President STATE OF MINNESOTA) ) SSe COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of _, 2005, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) ) SSe COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of ~ 2005, by Robert C. Bezdichek and Mary 1. Bezdichek, the President and Vice President of Midwest Products Company, a Minnesota corporation, on behalf of the corporation. Notary Public 20 SCHEDULE A Description of Property Lot 6, Block 2, Hastings Industrial Park # 7, according to the recorded plat thereof: Dakota County, Minnesota. SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and MIDWEST PRODUCTS COMPANY Dated: , 2005 This document was drafted by: BRADLEY & DEIKE, P. A. 40 18 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2005, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Midwest Products Company, a Minnesota corporation (hereinafter referred to as the "Developer"), having its principal office at 17155 Neill Path, Hastings, Minnesota 55033. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase and Development Agreement dated as of , 2005, (the "Contract") pursuant to which the Developer has agreed to construct certain improvements on real property within the City of Hastings, Minnesota; and WHEREAS, in order to induce the Developer to undertake such development, the City has agreed in the Contract to provide certain assistance to the Developer through its sale of the property subject to the Contract to the Developer at a cost below market value; and WHEREAS, Minnesota Statutes, sections 116J.993 to 116J.995, provides that a government agency that provides fmancial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the fmancial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 1161.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Defmitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes~ Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Benefit Date" means the earlier of (i) the date that the Improvements are completed; or (ii) the date that the Improvements are first occupied by the Developer. "City" means the City of Hastings, Minnesota "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of ,2005. "Developer" means Midwest Products Company~ a Minnesota corporation, a Minnesota limited liability company, or its successors and assigns, or any future owners of the Property. "Improvements" means the construction activities to be undertaken by the Developer pursuant to the Contract. "Property" means the real property described as such in the Contract. "State" means the State of Minnesota. "Subsidy" means on any particular date $140,403, less any portion of such amount that the Developer has as of such date repaid to the City pursuant to the terms of the Contract. ARTICLE II Job and Wa2e Goals: ReQuired Provisions Section 2.1. Employment and Wage Requirements. The Developer shall meet or cause to be met within two (2) years of the Benefit Date the wage and job goals set forth on the attached Exhibit A. Section-2.2. Reports. The Developer must submit to the City a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2006 and continuing until the later of (i) the date the goals stated Section 2.1 are met; (ii) 30 days after expiration of the five-year period described in Section 2.3; or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.2. The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. If: after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. Section 2.3. Continuing Obligation. The Developer agrees that it will continuously operate the Improvements for the purposes described in the Contract for a period of at least five (5) years from the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: 2 (a) By providing the Subsidy to the Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State and creating new job opportunities within the City at competitive wages. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of the size and quality proposed. By reducing the front end costs of the Developer's business expansion, more funds will be available for ongoing operations costs and the risk of failure will thereby be reduced. ( c) The Developer has no parent cOrPOration. (e) The following is a list of all fmancial assistance from all other state or local government agencies: NONE. ARTICLE III Default Section 3.1. Defaults Defmed. It shall be a default under this Agreement if the Developer fails to comply with any term or provision of this Agreement, and fails to cure such failure within thirty (30) days written notice to the Developer of the default, but only if the default has not been cured within said thirty (30) days. Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable loan, repayable only if the Developer fails to fulfill its obligations under sections 2.1 and 2.3 of this Agreement. Upon the occurrence of a failure to create jobs as required by Section 2.1 or a failure to continue operations as required by Section 2.3 the Developer shall repay to the City upon written demand from the City a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the bureau of economic analysis of the United States Department of commerce for the 12 month period ending March 31 of the year prior to the year in which the payment from the Developer is due accruing from the Benefit Date. The term "pro rata share" means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Minimum Improvements in accordance with Section 2.3, sixty (60) less the number of months of operation (where any month in which the Improvements are in operation for at least fifteen (15) days constitutes a 3 month of operation), commencing on the Benefit Date and ending with the date the Developer ceases operation as reasonably determined by the City, divided by 60; and (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages, not to exceed 100%. Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the City shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the City for the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the City prevails in such collection or enforcement action. ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. This Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. The Developer and City agree that if the Act is amended by the State legislature so as to shorten or eliminate the requirement that this Agreement contain the operating covenant contained in Section 2.2 and such amendment applies to this Agreement, the Developer and City will amend this Agreement to reflect such amendment to the law. Section 4.4. Counterparts. This Agreement may be executed m any number of counterparts, each of which shall constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. The City and Developer agree that this Agreement is intended to satisfy the requirements of the Act, which is incorporated herein and made a part hereof by reference. In the event that any provision of this Agreement conflicts with the terms of the Act, the terms of the Act shall govem 4 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date fIrst above written. CITY OF HASTINGS By Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk MIDWEST PRODUCTS COMPANY By Robert C. Bezdichek, President By Mary J. Bezdichek, Vice President STATE OF MINNESOTA) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2005, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005, by Robert C. Bezdichek and Mary J. Bezdichek, the President and Vice President of Midwest Products Company, a Minnesota corporation, on behalf of the corporation. Notary Public 5 EXHmIT A Wage and Job Goals The Developer will create not less than 5 new full time or full time equivalent jobs at an average wage of not less than $12.00 per hour. 6 Memo VIII-B-1 To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: 17 October, 2005 Subject: Adopt Ordinance Amendment - City of Hastings -Zoning Ordinance Amendment #2005-44 - Amend Section 10.08, Sign Ordinance Please see the staff report under Public Hearings. Memo VIII-B-2 To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: October 17, 2005 Subject: Resolution - James Lehmann - Variance #2005-65 to vary from the corner side yard setback to construct a garage addition at 504 3rd 5t W. REQUEST James Lehmann seeks a 6' variance to the 10' setback requirement to construct a garage addition at 504 3rd St W. RECOMMENDA TION The Planning Commission reviewed this item at their October 10th Meeting. The Commission unanimously recommended approval of the variance with the findings of fact and conditions listed in the resolution. ATTACHMENTS . Location Map . Site Plan . Application BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated U-I - Urban Residential. Zoning Classification The subject property is zoned R-2 - Medium Density Residential. Garages are a permitted use in the R-2 District. Adjacent Zoni ng and Land Use The following land uses abut the property: South Existina Use Duplex Home Unimproved Forest St Single Family Home 3rd St W Single Family Home Single Family Home Zonina R-2 - Med Dens Res. ComD Plan U-I - Urb Res. Direction North East R-2 - Med Dens Res. U-I- Urb Res. West R-2 - Med Dens Res. R-2 - Med Dens Res. U-I- Urb Res. U-I- Urb Res. Existing Condition The site includes a single family home with an attached two car garage. The home was built in 1870. In late 1993 the applicant was issued a permit to demolish the existing garage on site. The current garage was built in 1994 as a detached garage by the applicant in conformance with the setback regulations in effect at that time. A permit was issued for the garage, and a final inspection completed. Sometime after that, Mr. Lehmann constructed a connection between the existing home and garage, effective making them one primary structure. The Building Department file does not have a permit on file for this addition. In speaking with the Building Official, he does not object to the addition to the garage; however he would like verification that the garage and the connection between the home and garage meets certain building code requirements, including frost footings and proper fire separation. The Building Official did indicate that these items could be verified thru an inspection of the site. If the variance is approved, the proposed addition would be required to have frost footings, and the Building Official has asked that frost footings and fire separation be verified for the other areas as well. VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for primary structures in the R-2 District are: Area Setback Front 20' Corner Side 10' Rear 20' Staff Review While we have seen variances similar to this one in the past - where a structure is allowed to be enlarged, provided it doesn't go any closer to the property line, this situation is a bit different. The garage, when built, was in conformance with the setbacks. The sideyard setback requirements were changed around 2000, so as to require a minimum 5' setback, so the garage would have become lawfully existing, non-conforming at that time. However, the action of connecting the garage to the home made it a part of the primary structure, thus requiring the 1 0' sideyard setback. Staff anticipates that a variance would have been required to construct the addition connecting the home and garage because of the lawfully existing, non-conforming status of the home at that time. Mr. Lehmann presented a modification to the variance request at the Planning Commission meeting, asking to enclose the area beneath the deck at the rear as a part of the addition. The Planning Commission was not opposed to the expansion of the addition. The applicant has indicated that the addition is to permit him additional room to store tools used in him remodeling business. Staff has made the applicant aware of the regulations regarding home occupations and the use of garages in such businesses. Forest St Right-of-Way The Forest St ROW is adjacent to the east side of this property, but has never been improved. The Public Works Director has indicated that he will not support vacation of the area due to a very large storm sewer pipe that runs thru the ROWand actually crosses the applicant's property at the very NE corner. This pipe is 84" in diameter and the right of way is needed for maintenance of the line. The proposed addition would not interfere with access to the line for maintenance or replacement, should the need arise. 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. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. HASTINGS CITY COUNCIL RESOLUTION NO. 10-_-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE TO THE DISTRICT LOT STANDARDS ORDINANCE FOR JIAMES LEHMANN TO CONSTRUCT A GARAGE ADDITION AT 504 3rd St W, HASTINGS, MINNESOTA Council member Resolution and moved its adoption: introduced the following WHEREAS, James Lehmann has initiated consideration of a variance to the 10' minimum sidey,ard setback requirement for a primary structure adjacent to a corner sideas stipulated in Hastings City Code, chapter 10.26. WHEREAS, the property is located at 504 3fd 8t W, legally described as follows: Lot 4, Block 62, ORIGINAL TOWN OF HASTINGS WHEREAS, on October 10th. 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 the request to vary from Section 10.26 Residential District Lot Regulations and Section 10.06 Subd. 4 Non-Conforming Structures is hereby approved, with the following conditions: 1) A building permit is required prior to construction of the addition. 2) Inspection of the garage and porch area for compliance with building code provisions, including but not limited to frost footings and firewall separation, prior to issuance of a building permit for the addition. 3) 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. This variance is based on the following findings of fact: 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. C. That the special conditions and circumstances do not result from actions of the applicant. The garage was constructed in 1986 under a building permit issued by the City of Hastings. 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 October 1th, 2005 by the following vote: Ayes: Nays: 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 day of , 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 101 4th St. East Hastings, MN 55033 3:; ....ECD (/).cCJ -ej5i I.. -- ('f')f/)I.. g~~ It) co ..., lIP "'C en c: g> en en Q) :2 ~ B ~ 'S 0 ro Q) al ~ a.. .....J , 0 - . Q) 0= +:iL- ea Q) o ~ .QQ) Q) en mE E L- ._ 0 x+"" o en L-~ c.c a.::J <(J:; L() o o N ~ iz+~ j o 2 Ci5 Q) ..... m o 0- m ~ I'~'~: t. IIIl . -.. " '~r' '.,." ~'~ . Sea ~G) - -1:J ..( "Q\~ <( .U "C . CD CI) Q. ID .... OCb o I: ..:;) a. ..- . " \J' c<) / - DEC~ tiOU5E 3S/ ,.3 / J.I rev ApplACtU'1 + lo/lol ~ EV\.G\oSe. OJ{ e 0.- YlC loV\.! acc\!- g/ (.?~~~ t.\.c1 " -#-,' t:) n I ~ / . . ~J!r-7 . ~ T {). 'j / c(~ ~ B , ~OL/ LV 3 cd. S1- ~ A-MES .L~J+MANN " ~t.f/ ~l./ __ - n,'" ' _ _""'\, ! :.-1/ , ! ^ '\ . ~ ,J ~ {;. ~ ~.~ ~~~ . ,-,-~~.J o[ oJ ~ ~ 6 ~ > C- ~ ~ { .~ ~ ~~~~ \ -.....-..... .-..-....-....-..---.---..."- -. -J_ ..'_. ._._:' ...._ _..:__.:..._._.___....:..;~___..._.__.... '.,..._~;_. _......,;..__.. ...:. .' _-.._.....--'.--'......._.__._.-_.... ._. __. -.--' ..._......'>-n. -._... ._'_.__:'~ .-;":'. _....:::...-i.:....-,_...__.. ~..=:..::.....;._..:..~.....____.~..~_...._..:..-. _.;..._-....~.............._."....:.._... 001- 10!!1 w~ 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: -<;'" t11 t~ ~ yd. ~ 1- Legal Description of Property: (}..,.. J 0 cl< ~ Property Owner: T~ C'S J ~hm(l. ~" Address: 5' tJ 4 W 3 '" 5r ~~4.~ ~~~3 Phone: - ' - 'IJ . Fax: Email: n;~~:2~~t~::~L:~; S~~ t~r;;':e~~ -Ft\r 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 Final Plat ~ Variance _ Vacation _ House Move Prelim Plat Site Plan $500 $600 $250 $400 $500 $500 + escrow $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. ...M (;J" flJ2- Total Amount Due: $ ~ Make Checks payable to City of Hastings. Please ensure that all copies of required documents are .attached. See reverse side oftbis application for info tio Applicant Name and Title - Please Print om~Y tt:/- File # . - Rec'd By: ., Fee Paid: 0 Receipt # 2~ 1/7?fL;J~'Yf>~.5 Signature Date Owner Name - Please Print Date Rec'd: ~ fl,{p IOC7 App. Complete ~ When the original garage was built the set back was 4 feet and now the setback is 10 feet. I have a small business that requires the use of a lot of tools to allow for the storage and use of these tools the additions onto the garage is a must to be able to keep my small business running. If I had to rent a space the cost would be to great of an expense for the small business to survive. Memo VIII-B-3 To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: October 17, 2005 Subject: Resolution - Siewert Construction - Site Plan Review #2005-64 - Riverwood 8th Addition T own homes - 36th St Wand Woodland Drive. REQUEST Siewert Construction seeks Site Plan Approval for 28 townhome units as part of Riverwood 8th Addition: Model Type 4 unit attached Location Block 6, Lots 2-9 Block 6, Lots 11-22 Block 7, Lots 2-9 # of Units 8 12 8 RECOMMENDATION The Planning Commission reviewed this item at their October 10th meeting. They unanimously recommended approval of the site plan with the conditions, which are included in the resolution. Staff recommends approval of the attached resolution. BACKGROUND INFORMATION Comprehensive Plan Classification The Plan is consistent with the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). Overall density for Riverwood 8th Addition is consistent with the Comprehensive Plan. Zoning Classification The plan is consistent with the Zoning Ordinance. The property is zoned R-3 - Medium High Density Residence\Planned Residential Development, allowing for clustering of units and preservation of open space. Adjacent Z,oning and Land Use The following land uses abut the property: Direction North East South West Existing Use Residential Duplex Open/Future T ownhomes 36th St.lFuture Townhomes Townhomes Zoning R...3 Med/High Res. R-3 Med/High Res. R-3 Med/High Res. R-3 Med/High Res. Comp Plan U-II (4...8 units) U-II (4-8 units) U-II ( 4-8 units) U-II (4-8 units) Existing Condition The existing site is relatively flat and treeless. The northern portion abuts existing twin homes., Proposed Condition Four...unit townhomes will be built on Blocks 6 and 7. Attached is a layout showing the locations of the proposed units. SITE PLAN REVIEW Proposed Building Setbacks Proposed building setbacks are acceptable, except for those units facing 36th Street. These units require a 35' front yard setback to allow for a 'hammerhead' driveway design; this allows vehicles to turn around and pull out onto the street rather than backing out onto a collector road. All of the affected units have room within the lot box to be moved back to the 35' setback line (the most a unit would need to be shifted is 5'.) All units have been platted as "lot boxes" that incorporate the unit and limited surrounding land. The common space will be held in an association controlled and operated by the owners of the property. Parking Parking is acceptable. All units would have a two stall garage, plus a driveway capable of parking two additional vehicles. Woodland Drive would be wide enough to accommodate on street overflow parking. As stated above, the units along 36th 8t will require a 'hammerhead' design to allow for vehicles to turn around. Landscape A landscape plan has been submitted and approved for Riverwood. The plan provides a mixture of deciduous shade trees along the front of each unit, interspersed with a variety of shrubs and flowing plants surrounding each unit and boulevard trees along the streets. As a reminder, the following must be included as a part of the landscaping on site: 1) Boulevard trees must be planted as shown on the surveys. 2) All landscaped areas must be irrigated. 3) All abutting driveways serving multiple unit buildings must have a minimum three foot landscaped separation between the driveways, extending from the unit to at least 8 feet behind the curb, and shall incorporate landscaping adjacent to the garage at the common property boundary. Architectural Elevations and Floor plan Each building would house 4, one story units with 2 bedrooms containing 1500- 1700 s. f. The building incorporates varying roof lines with heel trusses and extended overhangs to match the facade. The building would be positioned at varying angles to give different views of the buildings, as well as being offset from units located across the street. Vinyl lap siding, vinyl shakes and stone would be used on all buildings. Staff suggests that the builder consider incorporating different material colors for additional buildings to provide additional variety. While the elevations may appear to have a flat rear elevation, the surveys show that there is quite a bit of change and relief to the elevation, so as to avoid the look of a large flat wall. A few of these buildings have been built on lots within the Riverwood 7th Addition, along Riverwood Dr. and Woodland Dr. Grading, Drainage, Erosion Control, and Utility Plan The Grading, Drainage, Erosion Control, and Utility Plans were all reviewed and approved as part of the Preliminary Plat of Riverwood th Addition. RECOMMENDATION Approval of the site plan is recommended subject to the following conditions: A TT A TCHMENTS · Location Map · Site Plans · Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL TO CONSTRUCT 28 TOWNHOME UNITS IN RIVERWOOD 8TH ADDITION LOCATED ALONG 36TH ST WAND WOODLAND RD, HASTINGS, MINNESOTA Council member introduced the following Resolution and moved its adoption: WHEREAS, Siewert Construction has petitioned for Site Plan Approval to construct 28 townhome units generally located along 36th St Wand Woodland Dr, legally described as follows: Lots 2-9, Block 6; Lots 11-22, Block 6; and Lots 2-9, Block 7, RIVERWOOD 8TH ADDITION, Dakota County, Minnesota; and WHEREAS, on October 10, 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) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 2) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 3) Boulevard trees must be planted according to approved plans/surveys. 4) All landscaped areas must be irrigated. 5) All abutting driveways serving multiple unit buildings must have a minimum three foot landscaped separation between the driveways, extending from the unit to at least 8 feet behind the curb, and shall incorporate landscaping adjacent to the garage at the common property boundary . 6) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 7) Submission of an electronic copy of all plan sets (TtF, PDF, or similar format) prior to submittal of a building permit. 8) That those units fronting onto 36th St W have a minimum 35' front yard setback and include a hammerhead design driveway. 9) That the applicant works with the Planning Director to provide additional color schemes for the units to provide additional variety. 10) Applioval 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 upon being put to a vote adopted by Ayes:_ Nays: Absent: moved a second to this resolution and present. 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 15th day of August, 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 81. East Hastings, MN 55033 ~ I . CP.c" .- en > as c CD -c 0 0=00 co~ ~~CI) D..(1)~ S .~ .! (j)a::(I) -0 ~ ,.. c ,^ .!B. ~ .- i; Q) (]J ~ ro e ~~&.~ ....J LO o o N ~ ~z~~ i 15 T -J o ~ en I" 0 ~ I,' -"I 0. '. '-.f' % ~ .......' E z 0 l- ~b ,-- ~ ), ~ ~ W. :;;: .J r ::l ~ I~ J I -- WL~_ Id~ l-' 1[\ Z · ---~ ~ . 0 bI II ---.11 I[ ___-M 11. ~ :: ~ ~ z 5 5 0 ~ II... () ... b .~---- -&- ~ I > . ~:] Id r J I WI ...~ -1\ h. <t W j I -+- . .~ ~ ~ ..__...(""1 'i 1 P.! .....-"'" J. ----M Jt ~ ---f: g S i: ~ f I!I 11 ~ .I:: f .1 0 _!~~ "'ll~t ~ ----u a:: I;: ~( I:: ~~ij ii, ~ ~ ..' , i .--""'LJ I:n I. \U ~ 5 ~ ~------ I ~ 5 t'5 j ~ ~ J. ~ 0 ~c2~~ JlcD~ .~ ~~~ 1~-- 'ld ~ ~ 1 <II I- ~ -i- <II I- ~ t\ -~-- I i . I . I i!I . . J!!. m~ d) I- ~ t\ ~-- _._--~ .._--u -----n z o ~ ~; - w; JI w. \ Il' ~ Il t- ~ ~ -el t- ~ ~~ ... i.; I I i --- --..... --- --- --- --- NOTE: lHE ENGINEERING PLAN INDICA 1ES lHE 100 YEAR HIGH WA 1ER l.E'JEL TO BE 799.00. --- --- --- BENCHMARK: TNH on the N side of Woodland Drive where RIVERWOOD 7th ADDITION meets RIVERWOOD 8th ADDITION Elevation=815.19 o DENOTES PROPOSED TREE x [QQQ;'QQ] X (OOO.OOTC) (000.00 ) @ o DENOTES PROPOSED ELEVATION PER GRADING PlAN DENOTES EXISTING SPOT ELEVATION ON TOP CURB DENOTES EXISTING SPOT ELEVATION DENOTES AN IN PLACE IRON MONUMENT DENOTES A PLACED 1" BY 18" IRON PIPE HAVING A IP\.ASTlC CAP BEARING LAND SURVEYOR UCENSE NO. 15473. DENOTES PROPOSED DIRECTION OF DRAINAGE DENOTES PROPOSED SILT FENCE DENOTES PROPOSED ROCK AGGREGATE CONSTRUCllON DRIVEWAY. ---- >0 / : ~'. z.... / 7 / / --- I --- -- ADDRESS: 1040 Woodland Drive Hastings, MN ELEVATION DATA: LOT 2 PROPOSED GARAGE FLOOR ELEVATION'" 814.5 PROPOSED TOP OF FOUNDATION ELEVATION ...814.67 PROPOSED LOWEST flOOR ELEVATION == 814.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION =814.67 ADDRESS: 1036 Woodland Drive Hastings, UN ELEVATION DATA: LOT 3 PROPOSED GARAGE FLOOR ELEVATION ... 814.5 PROPOSED TOP Of FOUNDATION ELEVATION = 814.67 PROPOSED LOWEST FLOOR ELEVATION .. 814.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION - 814.67 ADDRESS: 1032 Woodland Drive Hastings. UN ELEVATION DATA: LOT 4 PROPOSED GARAGE FLOOR ELEVATION .. 811.5 PROPOSED TOP OF FOUNDATION ELEVATION.. 811.67 PROPOSED LOWEST FLOOR ELEVATION = 811.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION ... 811.67 ADDRESS: 1028 Woodland Drive Hastings, UN ELEVATION DATA: LOT 5 PROPOSED GARAGE FLOOR ELEVATION == 811.5 PROPOSED TOP OF FOUNDATION ELEVATION == 811.67 PROPOSED LOWEST FLOOR ELEVATION = 811.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION '" 811.67 o 30 ~-- - - 60 90 I PROPERTY DESCRIPTION Lots 2, 3, 4 and 5, Block 7, RIVERWOOO 81H ADDITION, according to the recorded plat thereof, an me In the office of the County Recorder, Dakota County, Ulnnesota. CERTIFICATE OF SURVEY FOR: SIEWERT CONSTRUCTION . JOHNSON cf: SC01'18LD INC. .. LAND SURVJ:YORS =- 1203 MAIN STREET, RED WING, MN 55066 (651)388-1558, (800)736-0585 BEARINGS ARE ASSUMED I hereby certify that this survey, plan or report was prepared by me or under my direct supervlalon and that I om 0 duly L.lcensed Land Sun.)IOr und.... the laws of the State of Uklnesoto. dL,c"'~ Alan K. Scofield Mklnesota L1cen8e No. 15473 Dote: AUQust 23, 2005 W.O., DRAWING NUMBER 05-468 5-3507 ~~ ~~ ~ ~~ ~~ ~~ c,~ / / / / / / NOTE: lHE ENGINEERING PLAN INDICATES THE 100 YEAR HIGH WAlER LEVEL TO BE 799.00. -- -- BENCHMARK: TNH on the N side of Woodland Drive where RIVERWOOD 7th ADDITION meets RIVERWOOID 8th ADDITION Elevation=815.19 ADDRESS: To be determined ELEVATION DATA: LOT 6 PROPOSED GARAGE FLOOR ELEVA l10N .. 808.0 PROPOSED TOP OF FOUNDA110N ELEVA110N .. 808.17 PROPOSED LOWEST FLOOR ELEVA 110N .. 808.17 PROPOSED LOWEST FOUNDA11ON OPENING ELEVA110N .. B08.17 ADDRESS: To be determined ELEVATION DATA: LOT 7 PROPOSED GARAGE FLOOR ElEVA110N = 808.0 PROPOSED TOP OF FOUNDA11ON ELEVA110N = 808.17 PROPOSED LOWEST FLOOR ELEVA110N - 80a17 PROPOSED LOWEST FOUNDA11ON OPENING ELEVATION.. 808.17 o X [QQMQ] X {OOO.ooTQ (000.00 ) @ o x;? ADDRESS: To be determined ELEVATION DATA: LOT 9 PROPOSED GARAGE FLOOR ELEVA 11 ON .. 805.0 PROPOSED TOP OF FOUNDA l10N ELEVA l10N .. 805.17 PROPOSED LOWEST FLOOR ELEVATION.. 805.17 PROPOSED LOWEST FOUNDATION OPENING ELEVA110N = 805.17 DENOTES PROPOSED TREE --- DENOTES PROPOSED ElEVA110N PER GRADING PLAN DENOTES EXIS11NG SPOT ELEVA110N ON TOP CURB DENOTES EXIS11NG SPOT ELEVATION DENOTES AN IN PLACE IRON MONUMENT DENOTES A PLACED 1- BY 18- IRON PIPE HAVING A PLAS11C CAP BEARING LAND SURVEYOR UCENSE NO. 15473. DENOTES PROPOSED DIRECTION OF DRAINAGE DENOTES PROPOSED SILT FENCE DENOTES PROPOSED ROCK AGGREGATE CONSTRUC110N DRIVEWAY. ADDRESS: To be determined ELEVATION DATA: LOT 8 PROPOSED GARAGE FLOOR ELEVA l10N .. 805.0 PROPOSED TOP OF FOUNDATION ELEVA110N = 805.17 PROPOSED LOWEST FLOOR ELEVA 11 ON - 805.17 PROPOSED LOWEST FOUNDA110N OPENING ELEVATION = 805.17 -iii- PROPERTY DESCRIPTION Lots 6, 7, 8 arid 9, Block 7, RIVER WOOD 8TH ADDITION, according to the recorded plot thereof. on file in the office of the County Recorder. Dakota County, Minnesota. o 30 ~-- 60 90 BEARINGS ARE ASSUMED CERTIFICA TE Of SURVEY FOR: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I om 0 ~~~~d ~"~~'_m~ ~< Alan K. Scofield Minnesota license No. 15473 Dote: September 23. 2005 SIEWERT CONSTRUCTION . JOHNSON ~ SCOFIELD INC. .. LAND SURVEYORS ::It 1203 MAIN STREET, RED WING, MN 55066 (651 )388-1558, (800)736-0585 W.O., DRAWING NUMBER 05-512 5-3534 -.... -.... / ............. ............. -.... ::::::-- ---- NOTE: lHE ENGINEERING PLAN INDICATES lHE 100 YEAR HIGH WATER LEVEL TO BE 799.00. BENCHMARK: TNH on the N side of Woodland Drive where R1VEIRWOOD 7th ADDITION meets RIVER WOOD 8th ADDITION Elevation=815.19 ADDRESS: To be determined ELEVATION DATA: LOT 2 PROPOSED GARAGE FLOOR ElEVATION = 816.0 PROPOSED TOP OF FOUNDATION ELEVATION =816.17 PROPOSED LOWEST FLOOR ELEVATION - SOS.17 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 811.67 ADDRESS: To be determined ELEVATION DATA: LOT 3 PROPOSED GARAGE FLOOR ELEVATION = 816.0 PROPOSED TOP OF FOUNDATION ELEVATION = 816.17 PROPOSED LOWEST FLOOR ELEVATION - 808.17 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 811.67 o x~ X (OOO.OOTQ (000.00 ) @ o DENOTES PROPOSED TREE III ADDRESS: To be determined ELEVATION DATA: LOT 5 PROPOSED GARAGE FLOOR ELEVATION - S14.0 PROPOSED TOP OF FOUNDATION ELEVATION = 814.17 PROPOSED LOWEST FLOOR ELEVATION = S06.17 PROPOSED LOWEST FOUNDATION OPENING ELEVATION - S09.67 ADDRESS: To be determined ELEVATION DATA: LOT 4 ~ DENOTES PROPOSED ELEVATION PER GRADING PLAN DENOTES EXISTING SPOT ELEVATION ON TOP CURB DENOTES EXISTING SPOT ELEVATION DENOTES AN IN PLACE IRON MONUMENT DENOTES A PLACED 1- BY lS- IRON PIPE HA'\IlNG A PLASTIC CAP BEARING LAND SURVEYOR UCENSE NO. 15473. DENOTES PROPOSED DIRECTION OF DRAINAGE DENOTES PROPOSED SILT FENCE DENOTES PROPOSED ROCK AGGREGATE CONSTRUCTION DRIVEWAY. PROPOSED GARAGE FLOOR ELEVATION - S14.0 PROPOSED TOP OF FOUNDATION ELEVATION = 814.17 PROPOSED LOWEST FLOOR ELEVATION = 806.17 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 809.67 xp PROPERTY DESCRIPllON Lots 2, 3, 4 and 5, Block 6, RIVERWOOD 8TH ADDITION. according to the recorded plot thereof, on me illl the office of the County Recorder. Dakota County, Minnesota. o 30 ~-- -,.- 60 90 I BEARINGS ARE ASSUMED CERTIFICATE OF SURVEY FOR: I hereby certify that this survey, plan or report was prepored by me or under my direct supervision and thot I oma duly Ucensed Land SUnIe)lOr under the laws of the Stat.. of Mklnesata. ~K'~ Alan K. Scofield Mklnesata License No. 15473 Dote: September 23, 2005 SIEWERT CONSTRUCTION . JOHNSON ~ SCO'IELD INC. .. LAND SURVEYORS =- 1203 MAIN STREET, RED WING, MN 55066 (651)388-1558, (800)736-0585 w.o., DRAWING NUMBER 05-512 5-3535 -..... NOlE: lHE ENGINEERING PlAN INDICA 1ES lHE 100 YEAR HIGH WATER LEVEL TO BE 799.00. BENCHMARK: TNH on the N sj,de of Woodland Drive where RIVERWOOD 7th ADDITION meets RIVERWOOID 8th ADDITION Elevation:o::815.19 ADDRESS: To be determined ELEVATION DATA: LOT 6 PROPOSED GARAGE FLOOR ElEVATION - 812.0 PROPOSED TOP OF FOUNDATION ELEVATION - 812.17 PROPOSED LOWEST FLOOR ELEVATION '" 804.17 PROPOSED LOWEST FOUNDATION OPENING ELEVATION .. 807.67 ADDRESS: To be determined ELEVATION DATA: LOT 7 PROPOSED GARAGE FLOOR ELEVATION '" 812.0 PROPOSED TOP OF FOUNDATION ELEVATION ... 812.17 PROPOSED LOWEST FLOOR ELEVATION - 804.17 PROPOSED LOWEST FOUNDATION OPENING ELEVATION ... 807.67 o X [QQQ;QQI X (Ooo.ooTe) (000.00 ') @ o DENOTES PROPOSED TREE ...........- DENOTES PROPOSED ELEVATION PER GRADING PLAN DENOTES EXISTING SPOT ElEVATION ON TOP CURB DENOTES EXISTING SPOT ELEVATION DENOTES AN IN PLACE IRON MONUMENT DENOTES A PLACED 1- BY 18- IRON PIPE HAVING A PLASTIC CAP BEARING LAND SURVEYOR UCENSE NO. 15473. DENOTES PROPOSED DIRECTION OF DRAINAGE DENOTES PROPOSED SILT FENCE DENOTES PROPOSED ROCK AGGREGATE CONSTRUCTION DRIVEWAY. ADDRESS: To be determined ELEVATION DATA: LOT 8 PROPOSED GARAGE FLOOR ELEVATION '" 810.0 PROPOSED TOP OF FOUNDATION ElEVATION... 810.17 PROPOSED LOWEST FLOOR ELEVATION - 802.17 PROPOSED LOWEST FOUNDATION OPENING ELEVATION ... 805.67 ADDRESS: To be determined ELEVATION DATA: LOT 9 PROPOSED GARAGE FLOOR ELEVATION .. 810.0 PROPOSED TOP OF FOUNDATION (lEVA TlON ... 810.17 PROPOSED LOWEST FLOOR ELEVATION .. 802.17 PROPOSED LOWEST FOUNDATION OPENING ElEVATION ... 805.67 m ~ PROPERTY DESCRIPTION Lots 6, 7, 8 and 9, Block 6. RIVERWOOD 8TH ADDITION, according to the recorded plat thereof, on file in the office of the County Recorder. Dakota County, Minnesota. o 30 ~- 60 90 I BEARINGS ARE ASSUMED CERTIFICATE OF SURVEY FOR: I hereby cerllfy that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land Surveyor under the laws of the state of Minnesota. tit.-:c~ Alan K. Scofield Minnesota Ueense No. 15473 Date: September 23. 2005 SIEWERT CONSTRUCTION . JOHNSON ct SCO'IELD INC. .. LAND SURVEYORS =- 1203 MAIN STREET, RED WING, MN 55066 (651 )388-1558, (800)736-0585 w.o., DRAWING NU~BER 05-512 5-3536 ~.." ::-.... -:::--.. I ~ ~ .... " -' , .' -- ---- HOlE: THE ENGINEERING PLAN INDICATES THE 100 YEAR HIGH WATER lD'EL TO BE 799.00. DENOTES PROPOSED lREE ADDRESS: To be determined ELEVATION DATA: LOT 11 PROPOSED GARAGE flOOR ELEVATION ... 814.5 PROPOSED TOP OF fOUNDATION ELEVATION - 814.67 PROPOSED LOWEST flOOR ELEVATION - 806.67 PROPOSED LOWEST fOUNDATION OPENING ELEVATION ... 810.17 ADDRESS: To be determined ELEVATION DATA: LOT 12 PROPOSED GARAGE fLOOR ELEVATION ... 814.5 PROPOSED TOP Of fOUNDATION ELEVATION"" 814.67 PROPOSED LOWEST FLOOR ELEVATION = 806.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 810.17 ADDRESS: To be determined ELEVATION DATA: LOT 13 PROPOSED GARAGE flOOR ELEVATION - 814.5 PROPOSED TOP OF FOUNDATION ELEVATION = 814.67 PROPOSED LOWEST flOOR ELEVATION -= 806.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION ... 810.17 ADDRESS: To be determined ELEVATION DATA: LOT 14 PROPOSED GARAGE flOOR ELEVATION - 814.5 PROPOSED TOP Of FOUNDATION ELEVATION = 814.67 PROPOSED LOWEST flOOR ELEVATION = 806_67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 810.17 BENCHMARK: TNH on the S side of 36th Street where RIVERWOOO 7th ADDITION meets RIVERWOOtD 8th ADDITION Elevation==816.9o. o X 1000_001 X (OOO.OOTC) (000.00 ) @ o ----- ? DENOTES PROPOSED ELEVATION PER GRADING PLAN DENOTES EXISTING SPOT ELEVATION ON TOP CURB DENOTES EXISTING SPOT ELEVATION DENOTES AN IN PLACE IRON MONUMENT DENOTES A PLACED 1" BY 18" IRON PIPE HAVING A PLASTIC CAP BEARING LAND SURVEYOR UCENSE NO. 15473. DENOTES PROPOSED DIRECTION OF DRAINAGE DENOTES PROPOSED SILT FENCE DENOTES PROPOSED ROCK AGGREGATE CONSTRUCTION DRIVEWAY. o 30 60 ~-~- 90 I PROPERTY DESCRIPTION lots 11, 12, 13 and 14, Block 6. R1VERWOOO 8TH ADDITION. according to the recorded plot thereof. on file in the offlce of the County Recorder, Dakota County, Minnesota. BEARINGS ARE ASSUMED CERTIFICATE OF SURVEY FOR: ... :a I hereby certify that this SIiI'\leY, plan or report wos prepared by me or under my direct supervision and that I om Q duly Llcensed land SuI'\le)'Ol" under the lows of the Mlnnesota. SIEWERT CONSTRUCTION JOHNSON ~ SCOFIELD INC. LAND SURVBYORS 1203 MAIN STREET, RED WING, MN 55066 (651)388-1558, (800)736-0585 Alan K. Scofield M~.ttaa license No. 15473 Dat~tember 23, 2005 W.O" DRAWING NUMBER 05-512 5-3537 ~ ........... " ~" ""- ADDRESS: To be determined ELEVATION DATA: LOT 15 PROPOSED GARAGE FLOOR ELEVATION = 812.5 PROPOSED TOP OF FOUNDATION ELEVATION = 812.67 PROPOSED LOWEST FLOOR ELEVATION = S04.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 808.17 NOlE: THE ENGINEERING PlAN INDICATES THE 100 YEAR HIGH WATER LEVEL TO BE 799.00. BENCHMARK: TNH on the S side of 36th Street where RIVERWOOD 7th ADDITION meets RIVERWOOiD 8th ADDITION Elevation=816.90 ADDRESS: To be determined ELEVATION DATA: LOT 16 PROPOSED GARAGE FLOOR ELEVATION .. S12.5 PROPOSED TOP OF FOUNDATION ELEVATION = 812.67 PROPOSED LOWEST FLOOR ELEVATION = 804.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION.. S08.17 o DENOTES PROPOSED TREE ADDRESS: To be determined ELEVATION DATA: LOT 17 PROPOSED GARAGE FLOOR ELEVATION = 812.5 PROPOSED TOP OF FOUNDATION ELEVATION = 812.67 PROPOSED LOWEST FLOOR ELEVATION = 804.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 808.17 ADDRESS: To be determined ELEVATION DATA: LOT 18 PROPOSED GARAGE FLOOR ELEVATION.. 812.5 PROPOSED TOP OF FOUNDATION ELEVATION = 812.67 PROPOSED LOWEST FLOOR ELEVATION = 804.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 808.17 x I 000.001 X (OOO.OOTC) (000.00 ) @ o ---- DENOTES PROPOSED ELEVATION PER GRADING PLAN DENOTES EXISTING SPOT ELEVATION ON TOP CURB DENOTES EXISTING SPOT ELEVATION DENOTES AN IN PLACE IRON MONUMENT DENOTES A PLACED 1- BY IS- IRON PIPE HAVING A PLASTIC CAP BEARING LAND SURVEYOR UCENSE NO. 15473. DENOTES PROPOSED DIRECTION OF DRAINAGE DENOTES PROPOSED SILT FENCE DENOTES PROPOSED ROCK AGGREGATE CONSTRUlCTlON DRIVEWAY. iii x:> PROPERTY DESCRIPTION lots 15, 16. 17 and 18, Block 6, RIVERWOOO 8TH ADDITION, according to the recorded plat thereof, on file in the office of the County Recorder, Dakota County, Minnesota. o 30 ~-...- 60 90 I BEARINGS ARE ASSUMED CERTIFICA TE OF SURVEY FOR: I hereby certify that this survey. pion or report was prepared by me or under my direct supervision and that I am a duly LIcensed Land Surveyor under the lows of the State of Minnesota. SIEWERT CONSTRUCTION . JOHNSON.t: SCOFIELD INC. .. LAND SURVEYORS =- 1203 MAIN STREET, RED WING. MN 55066 (651)388-1558, (800)736-0585 w.O., DRAWING NUMBER 05-512 5-3538 U>6> ~ NOTE: THE ENGINEERING PLAN INDICATES THE 100 YEAR HIGH WATER LEVEL TO BE 799.00. ADDRESS: To be detennlned. ELEVATION DATA: LOT 19 PROPOSED GARAGE FLOOR ElEVATION - 810.5 PROPOSED TOP OF fOUNDATION ELEVATION = 810.67 PROPOSED LOWEST flOOR ELEVATION"" 802.67 PROPOSED LOWEST fOUNDATION OPENING ELEVATION = B06.17 ADDRESS: To be determined. ELEVATION DATA: LOT 20 PROPOSED GARAGE FLOOR ELEVATION = 810.5 PROPOSED TOP OF fOUNDATION ELEVATION .. 810.67 PROPOSED LOWEST FLOOR ELEVATION.. 802.67 PROPOSED LOWEST fOUNDATION OPENING ELEVATION .. 806.17 BENCHMARK: TNH on the S side of 36th Street where RIVERWOOD 7th ADDITION meets RIVERWOOD 8th ADDI1l0N Elevation=816.90 o X 1000.001 X (OOO.OOTO (000.00 ) @ o ~ -l!- ~ DENOTES PROPOSED TREE ADDRESS: To be determined. ELEVATION DATA: LOT 21 PROPOSED GARAGE FLOOR ELEVATION .. 810.5 PROPOSED TOP Of FOUNDATION ELEVATION - 810.67 PROPOSED LOWEST 'flOOR ELEVATION - 802.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 806.17 ADDRESS: To be determined. ELEVA TION DATA: LOT 22 PROPOSED GARAGE FLOOR ELEVATION '" 810.5 PROPOSED TOP OF FOUNDATION ELEVATION.. 810.67 PROPOSED LOWEST FLOOR ELEVATION = 802.67 PROPOSED LOWEST FOUNDATION OPENING ELEVATION = 806.17 DENOTES PROPOSED ELEVATION PER GRADING PLAN DENOTES EXISTING SPOT ELEVATION ON TOP CURB DENOTES EXISTING SPOT ELEVATION DENOTES AN IN PLACE IRON MONUMENT DENOTES A PLACED 1. BY 18" IRON PIPE HAVING A PLASTIC CAP BEARING LAND SURVEYOR UCENSE NO. 15473. DENOTES PROPOSED DIRECTION OF DRAINAGE DENOTES PROPOSED SILT FENCE DENOTES PROPOSED ROCK AGGREGATE CONSTRUCTION DRIVEWAY. o 30 ~-~- 60 90 I PROPERTY DESCRIPTION Lots 19, 20, 21 and 22, Block 6, RIVERWOOO 81H ADDITION, according to the recorded plot thereof, an file Inl the office of the County Recorder, Dakota County, Minnesota. BEARINGS ARE ASSUMED CERTIFICATE OF SURVEY FOR: ... =- I hereby certify that t"la survey. pion or report was prepared by me or under my direct supervision and that I om 0 duly Licensed land Sune)l'Of' under the laws of the State of Minnesota. SIEWERT CONSTRUCTION JOHNSON ~ SCOFIELD INC. LAND SURVEYORS 1203 MAIN STREET; RED WING, MN 55066 (651 )388-1558, (800)736-0585 w.o., DRAWING NUMBER 05-512 S-3539 1!!r9/22/2005 ~HU 15:29 FAX 6514311654 City of Hastings LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 1014th St E, Hastings, MN 55033"" Phone: 651.480.2350"" Fax: 651.437.7082 IlJ001/002 Address of Property: Wt1tJ,{/4"J b4. a .3l#fh s-I . Legal Description of Property: i.J,:/ s .2--'1 ~/~ 7 6J f-s 2- 9 d/~c--'c L l~h J1-;};r AJ~~ l. /!f;,~Jt~~ au.. Applicant Name: :5. (!. ~ .e.r.+- COt'\.rl-. Property Owner: Address: 1;J ~ Hw 1/ ~ ~lll k Zo 3 Address: ~~<.... ~~3 Phone: (p S- I - 4 ~ "7 - 53'?:S- Fax: ~ S-I - 437-- J./7/fp Email: I;,n ~ ~~ rr.,~l4yllVJn. (" en-, Description of Request: ( S iJ ( PI<t.r. LJ ppr ou.J. ~ Ql~d4tl<;<o i:') 8~ L. uI- os. ~ - c5f Al cdL 7 Lo+" ~ - q (3j ocJL. (p ~~ So \, - 22. Blc.~ IL lA SQLI,4'\..e - 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? ~ A-/ ~ Check Applicable Une(s) Rezone $500 Final Plat $600 Variance $250 Vaca tion $400 House Move $500 Prelim Plat $500 + escrow -X- 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: $ .3, 7l:}o C\Il. r Make Cllecks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this applicati forhtto ation Date ~I!-. Owner Signature Date J;bC> 5~eLl- t!1ia . Applicant Name and Title - Please Print . OFFICIAJy ll:.~li.ONJ..YA_ ~. File # 'f,).J.h- ~ Ree/d By: Fee Pai~ ?rt-5() Receipt # Owner Name - Please Print 03/28/05 Date Rec/d: App. Complete Received Time Sep.22. 1:59PM Memo VIII - B-4 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 17, 2005 Subject: Resolution - Site Plan Review #2005-62 - 3 Story Office Building - NW Corner of Westview Drive & South Frontage Road - Greg Stotko REQUEST The City Council is asked to approve the attached resolution granting site plan approval. Greg Stotko seeks to construct a 3 story +/- 21 ,600 s.f. (7,200 s.f. per floor) office building on Lot 2, Block 1, WESTVIEW COMMONS generally located at the northwest corner of Westview Drive and South Frontage Road. RECOMMENDATION The Planning Commission unanimously recommended approval of the site plan at the October 10, 2005 Planning Commission Meeting subject to the conditions of the attached resolution. Commissioners discussed the following items: . Landscaping at the corner of South Frontage Road and Westview Drive - will it cause site visibility problems? Planning and Public Works Staff have re-examined the plantings and do not believe they will cause visibility problems. The nearest trees will be 60 feet (3 car lengths from the sidewalk at the intersection. Staff has removed this condition from the resolution. . Add a crosswalk between the Jiffy Lube Parking lot and the subject property. Mr. Stotko has agreed to this; a condition has been added to approval. . Further clarification on block materials on lower elevation of the building. Mr. Stotko clarified the lower portions of the building will not be CMU block but Ashlar Block. Ashlar block consists of different sized pieces to provide a more natural appearance. Mr. Stotko will provide further information at the meeting. ATTACHMENTS . Resolution . Location Map . Site Plan . Architectural Elevations . Application BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as C, Commercial Zoning Classification The subject property is zoned C-4, Regional Shopping Center. Offices are identified as a permitted use. Adjacent Zoning and Land Use The following land uses abut the property: Direction North East Existina Use Wendy's Restaurant Westview Drive MGM Liquors South Frontage Road Office Building Jiffy Lube Zonina C-4 - Regional Shop. Comp Plan C - Commettial C-4 - Regional Shop. C -Commettial South West C-4 - Regional Shop. C-4 - Regional Shop. C - Commettial C - Commettial Existing Condition The site is predominately flat and open. The site drops in elevation approximately 20 feet along Westview Drive. A retaining wall was constructed as part of the Wendy's in 2002 accommodates much of the elevation difference. History Westview Commons was platted as a three lot commercial subdivision in 2002. Since 2002, the City Council has approved two separate site plans for the site as follows: . 2002 - 9,500 s.f. retail center . 2004 - 9,000 s.f. day care center The previous approvals were subject to a one year sunset clause and have expired. Mr. Stotko was not involved with the previous site plan applications. SITE PLAN REVIEW Zoning Setbacks Zoning Setbacks are acceptable. Setbacks in the C-4 District are not specified. Proposed building setbacks are similar to the existing buildings. The following setbacks are proposed: Site Plan Review #2005-62 - Westview Commons Office Bldg City Council Memo - October 17 J 2005 Page 3 Direction North - Wend's Restaurant East - Westview Drive West - Ji Lube South - South F ronta e Road Dimension 75' 40'+ 100'+ 45'+ Vehicular Access and Circulation Vehicular access and circulation is acceptable. All access would be from private internal roads. Direct access to South Frontage Road and Westview Drive is not proposed and would be prohibited. The northern access to the Wendy's parking lot would provide for greater vehicular circulation throughout Westview Commons. Parking Parking is provided as follows: Site Office Building (21,600 s.f.) Pro osed S aces 43 - On-site Spaces 29 - Surplus Spaces at Jiffy Lube 72 Total S aces Westview Commons is subject to a joint parking and access agreement between Wendy's, Jiffy Lube, and the proposed office building. Surplus parking spaces were created on the Jiffy Lube lot for future use by the subject site. All lots within Westview Commons would meet minimum parking requirements. Pedestrian Access Pedestrian access is acceptable. A sidewalk connection presently exists between the Westview Commons entrance and South Frontage Road. The applicant would extend a sidewalk from the building entrance to the existing sidewalk. Architectural Elevations Architectural elevations exceed the minimum Architectural Standards requirements. The building would be primarily glass, brick, and EIFS (synthetic stucco). Masonry block would be used on the lower elevations. All four sides of the building are given equal architectural treatment. The roof includes a parapet on all sides of the building. Site Plan Review #2005-62 - Westview Commons Office Bldg City Council Memo - October 17. 2005 Page 4 Modular Wall The applicant proposes to extend the modular wall further south along Westview Drive. The wall is acceptable under the following conditions: 1) Materials of the proposed modular wall must match the existing walls of Westview Commons. Trash and Recycling Enclosure A trash and recycling enclosure is proposed at the southeast corner of the parking lot. The enclosure is acceptable subject to the following: 1) Trash and recycling enclosure materials and colors shall be consistent with the main office building. 2) Outdoor storage shall be prohibited unless it is screened from public view as determined by the Planning Director. Landscape Plan Landscape Plan review is subject to the newly adopted Landscape Ordinance. Landscaping Requirements are as follows: Site Site Landscaping 47,527 s.f. Boulevard Trees Pro osal 19 Trees 157 Shrubs 4 Trees The Landscape Plan is acceptable with the following changes: 1) Trees must be planted outside easement and view triangle areas. It appears trees located south of the building may be within a drainage and utility easement. 2) All landscaping shall be irrigated. 3) A landscape surety for providing, installing and warranting typical landscaping and screening materials must be submitted in the amount of 125 percent of the value of the proposed landscaping prior to certificate of occupancy. The surety will be released within one year from planting upon inspection by the City to ensure the health of the plantings. Site Plan Review #2005-62 - Westview Commons Office Bldg City Council Memo - October 17, 2005 Page 5 Lighting Plan A photometric lighting plan has been submitted. The proposed foot-candle illumination is below the 0.5 foot candle maximum illumination at the parking lot. Pole heights are 32 feet. Lighting is acceptable under the following conditions: 1) All lighting shall incorporate shields and cut-offs to direct light on site. Signage Signage will be processed administratively under a separate sign permit application. Although sign permit review will take place after site plan approval, the following regulations are applicable: Building signage is limited to 5 percent of the elevation or 40 square feet (whichever is greater). Directional signs are allowed up to 4 feet in height and 2 square feet in size. A monument sign is proposed for the south corner of the parking lot. The sign appears to be outside of the easement and restrictive view corridor areas. The monument sign would be limited to 6 feet in height and 50 square feet. Grading and Utility Plans Preliminary Grading and Utility Plans have been submitted for review. The applicant must obtain formal approval of the Grading and Utility Plans by the Public Works Director as a condition for approval, including the following; 1) Utility easements over private storm sewers must be dedicated to the City of Hastings in the event that the City must take emergency repair or maintenance measures, and over sewer and water lines accessing the property. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL TO CONSTRUCT A 3 STORY +/- 21,600 S.F. OFFICE BUILDING ON LOT 2, BLOCK 1, WESTVIEW COMMONS, HASTINGS, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Greg Stotko has petitioned for Site Plan Approval to construct a 3 story +/- 21,600 s.f. office building generally located at the northwest comer of South Frontage Road and Westview Drive, legally described as Lot 2, Block 1, WESTVIEW COMMONS, Dakota County, Minnesota; and WHEREAS, on October 10, 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 RESOL YED 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) Masonry block portions of the building must be constructed of Ashlar Block or similar material as approved by the Planning Director. 2) Materials of the proposed modular wall must match the existing walls of Westview Commons. 3) Trash and recycling enclosure materials and colors shall be consistent with the main office building. 4) Outdoor storage shall be prohibited unless it is screened from public view as determined by the Planning Director. 5) Trees must be planted outside easement and view triangle areas. 6) All landscaping shall be irrigated. 7) A landscape surety for providing, installing and warranting typical landscaping and screening materials must be submitted in the amount of 125 percent of the value of the proposed landscaping prior to certificate of occupancy. The surety will be released within one year from planting upon inspection by the City to ensure the health of the plantings. 8) All lighting shall incorporate shields and cut-offs to direct light on site. 9) Utility easements over private storm sewers must be dedicated to the City of Hastings in the event that the City must take emergency repair or maintenance measures, and over sewer and water lines accessing the property. 10) Any rooftop equipment must be completely screened from all elevations. 11) All parking and drive aisle areas shall be constructed to City standards including bituminous surfacing and concrete curb and gutter. 12) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 13) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 14) 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. 15) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 16) 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. 17) A crosswalk shall be added between the Lot 3 (Jiffy Lube) parking lot and the subject property. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a 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 1 ih day of October, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. 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IP~ I~~ I~ I~~~~ ~i ~; ~- ~gl i~U ;~ ~ ~~ ~ - ti 9p ! ip . ~I iil~ 'I~~ i ~ ~ i~i! !I~i i~i~ ~ ~n!t l ' G G eJ lJ eJ lJlJ (J (J (J (J dl~ Cl Cl l:l l:l l:l l:ll:l 0 ' I m~~~~ ~ () ~ Ozil I ~ ~ Zorn ~ 11l1!1~ ! ~ C> ~~C S 0 ni~ 8~~ ,rr~tl; "t1 I~g~ ~ 5 :I: ::f:u)> f ;;; :> ii~~~ 2 ~ . ~ I Ul -l .1 ~~ 1 z I = , Cl ~ Ul ~ tJoo~-~ LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 101 4th St E, Hastings, IvIN 55033 ~ Phone: 651.480.2350 - Fax: 651.437.7082 Address of Property: Legal Description of Property: urr 'Z.., BLDt:.~', v{flfTv,€W ~rnmION~ AI>t:n7iON! .1?iWtJ-r1t ~LlN-rl( I h1NiJ~tJ774 . Applicant Name: G(lL6t $rt!f(W Address: l?>631h~ fl1'., ~1: ~7INo.; I ffN G503~ Phone: b$/-437-Wzj Fax: t:,5/-4fJO-CO ,1 Email: ~f)sk>~~~lln.j.com Property Owner: S7t;,cKO ?PU-l>uAJ(" (!l)fJ>"T; Ad4ress: /3D3 Wpy 9r~r H/tbfiNlxS I M}( GSo33 I Phone: '5/-18{)-005.6 Fax: 1081- 4ho-OO7? Emai1: -1'f~J~~~~~li~;Gom Description of Request: ZI,"OO sP1 IHilIf-l- ~?OIl-t{ tJfFtU- t'DIVW/I!IJA}///H BtllL.l>//flt, 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 X- Site Plan $500 + escrow Please Note! All Fees and Escrows are due at time of application. Minor Subdivision $500 Special Use Permit $500 Camp 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: $ 4 t 2-50 # Make Checks payable to City of Hastings. ure that all copies of required documents are attacl:l~d. See reverse side of this // n for information. (/ ~5/oS ~505 Date Date Ufll& S'lOfFD fIl661P-iN-r Applicant Name and Title - Please Print OFFICIAI_P?~ ONLY ~ I ~ File # ctIO ~ Rec'd By: --.l1111)z,m c/l Fee Paid: ~ Receipt # 6au:. 6ro-rKo flBfsl*-1J7 Owner Name - Please Print 01 ./ 03/28/05 Date Rec'd: 7, l)tO~ App. Complete Cf /()/O) VIII-C-l Under Public Hearing: Ordinance Amendment: Utility Billing October 11,2005 VIII-C-2 TO: The Honorable Mayor and Council FROM: John Grossman, HRA Director RE: Appeal ofHPC Decisions - 312 E. 4th Street. Thomas Bates, the property owner, followed the ordinance procedure in making this appeal. The HPC followed its ordinance and guidelines in making decisions and in informing the owner of his right to appeal. The following documents are attached: 1. Notice and statement of appeal from the owner, Mr. Bates, with 3 photographs showing the roof and location of proposed skylights (dark rectangles marked on root: toward back) from the east and west, and the front of house. 2. Letter to Mr. Bates describing the grounds of the denial and notifying him of appeal process. 3. Minutes of the HPC meeting of September 17, 2005, showing the discussion and action by the HPC on Mr. Bates' application to re-roofthe house and add skylights and a chimney. 4. Page 20 of the guidelines concerning roofs, skylights and chimneys. 5. Staff memo to HPC with a photograph and brochure submitted by owner showing appearance of Decra metal shingles. 6. Staff memo to HPC with a sketch and brochure submitted by owner showing location and type of proposed skylights. The original request was for three skylights on each side of the root: evenly spaced from front to back. The sketch also shows the proposed location of the chimney. 7. Original application of owner for review of standing seam metal roof. 8. Minutes of the meeting of August 16, 2005, showing the discussion and action on Mr. Bates' original request. The owner changed his proposal from standing seam metal roofmg to the Decra steel shingles at the meeting of August 16. Council will be acting as the Board of Adjustment and Appeals under Chapter 2.04 of the Code. Under Subdivison 7, it takes a majority to affIrm the HPC decision, and it takes a 75% majority to reverse or modify the HPC decision. The owner has made proposals to the council in the appeal which were not made in the form of complete applications to the HPC, specifically the Metal Sales Inc. standing seam roof and the egress-sized skylights. As the HPC has not denied these proposals, staff believes they should not be considered by the Council acting as the Board of Appeals. Council could consider and take separate action on each of the three different issues in the appeal. 1. New roofmg material. Mr. Bate~s application to use Decra shingles was denied based on the HPC~ s finding that the steel shingles do not look like either wood or asphalt shingles; therefore the steel shingles are not be appropriate for the age of the building, and were not consistent with the guidelines: Replacement roofing material should be appropriate to the character of the building in composition, size, shape and texture. If Council aftirms the HPC decision on the shingles, the denial of the Decra metal shingles stands. If Council reverses the HPC decision, the owner can use the Decra shingles. The appeal mentions a "second choice" - a standing seam metal roof from Metal Sales Inc. That specific make of roofmg was not presented to the HPC and they did not take action on it. If the denial stands and the owner wants to submit his second choice for consideration, he should make application for the standing seam roof to the HPC. The HPC meets on Tuesday, October 18; if Mr. Bates can provide a sample or acceptable illustrations of the material he proposes to use, the HPC can consider the application. Alternately, Mr. Bates can use asphalt shingles. He removed asphalt shingles and they can be replaced. 2. Skylights. The HPC denied the proposal for three skylights on each side of the roof, evenly spaced from front to back based on their fmdings that the skylights would be visible from the street; therefore the skylights were not consistent with the intent of the guidelines: Skylights should not be installed on the front roof plane. As the peak of the roof is perpendicular to the street, there are no front or back roof planes. The intent of the guidelines is to preserve the original design of the building as seen by the public. The HPC has in the past approved a skylight on the rear roofplane ofa building. The HPC has approved changes to the backs or rear sides which they would not normally approve if they were on the front of the building. If Council affirms the HPC decision on the skylights, the denial stands. If Council reverses the HPC decision, the owner can install skylights. If Council reverses, staff recommends three conditions (modifications): 1) that the owner must apply for a building permit; 2) that only two skylights in the positions marked on the photographs will be permitted; 3) that the skylights shall be no larger than 21 X 38 inches, the size proposed to the HPC. The owners' second choice, cutting a new window in the stone wall was not (formally in an application) proposed or acted upon by the HPC. Creating new openings and removing original material are inconsistent with design guidelines and national standards. In the appeal, the owner proposes skylights large enough to serve as egress windows. Staff understands from the Building Department that egress windows are not required by code in this location. His proposal to the HPC was for 21 by 38 inch skylights - smaller than an egress window. If the owner wants to propose a larger skylight, he should make a new application to the HPC. 3. Chimney. The HPC did not take action on the chimney. The HPC asked the owner to locate the chimney further back from the front of the house. The owner was not willing to do so at the time. The owner now seems willing to locate the chimney one quarter of the length of the roof back from the front edge. That may be acceptable to the HPC, but the owner should make application to them. Staff recommends no action on the chimney location. Amended Notice of Appeal To: Assistant City Administrator. From: Tom Bates Re: Notice of Appeal Date 05.09.29 Dear Melanie Mesko Lee; This is my Notice of Appeal to the Hastings City Council regarding the actions of the Hastings Preservation Commission with regard to proposed changes to my property located at 3124th St. East during their regular meeting on October 17th, 2005. 1. Skylights - The HPC denied approval of skylights on the east and west sides of my house. Weare putting a loft over the back two-thirds of the second floor. As there is no window in the back of the house, this area needs light and ventilation either from skylights or a window created in the back wall of the loft. I want to propose that we would create two skylights in the back quarter of the building near the peak. These skylights would be egress type and would give an avenue of escape should there be need. Our second choice would be a large window, in the back wall. This would also provide egress in an emergency and give light and ventilation. 2. Roofing Material - The HPC denied approval of the proposed Decra ™ steel roofing material on the grounds that the design guidelines state "new roofmg material should be appropriate to the character of the building in composition, size shape and texture." The Commissioners observed that the Deem TM sample provided was not a convincing simulation of asphalt shingles..." I want the City Council to consider the pictures I have of Deera shingles, taken on a house in Plymouth. The house is roofed in the same color shingle we want to use on our house. One of the HRC members observed, "I don't suppose you could tell any difference between regular shingles and these (Decra) shingles at a distance". My house is two stories tall. Deera shingles are fireproof, lightweight, wind-rated up to 120 mph and cannot be visually distinguished from asphalt shingles from the ground. This historic home will be far safer from fire, wind, and hail with a steel roof. Our second choice for a steel roof is a standing seam roof I located from Metal Sales Inc. It is a clip style, heavyweight steel roof. This would be a satisfactory roof. It Page lof2 I has 2 drawbacks over the Decra Roof. The Decra Roof is made to be easily repaired, just like a shingle roof. The standing seam requires you to replace much more than just the damaged part. The second drawback is that a standing seam roof is slippery. Snow can slide off in spite of anti-slide clips, and a rope and harness are required to access the roof. The Deera shingle roof has a baked on granular surface, it is a totally walkable roof. Snow is no problem, just like a regular shingle. 3. The HPC turned down our chimney location as originally proposed. The reason we want the chimney in the place we first proposed it is safety. We want to have a wood burning parlor stove in our front room. The safest route for a smoke pipe is as straight up as is reasonable and feasible. That was why we located the smoke pipe where we did. It is possible to put it anywhere in the front quarter of the peale But the further you move the smoke pipe back from the front of the house, the more risk and maintenance there is. It can be done, but it is clearly less desirable with respect to safety. Parlor stove chimneys were put wherever it was convenient, as they were never considered to be the primary heat source for the home. If you look down from the air at historic homes, there are chimneys in every part of the roof. We would like to error on the side of safety as much as possible for our wood stove. Thank. you very much. Sincerely p.s. John Grossman suggested that it would be helpful to attach any relevant photos to this letter. I will bring in photos next week, I hope you can attach them to this letter at that time. Page 2 of2 '\) 4-J ~~ ..:)~ ~>- ~ \).\J ~~j ~~ 0.-1) ., ~ .. ;/ CITY OF HASTINGS 101 4th Street East. Hastings, MN 55033-1955 651-480-2350. Fax: 651-437-7082 www.ci.hastings.mn.us September 21,2005 Tom Bates 104 State Street, Apt. 1 Hastings, MN 55033 Dear Mr. Bates, At its regular meeting on September 20th, the Heritage Preservation Commission took the following actions regarding the proposed alterations to your property: 1. Gutters and Downspouts - The HPC approved the proposed 4" half- round gutters and 4" downspouts. The material used for the gutters and downspouts must be either galvanized steel or copper. 2. Skylights - The HPC denied approval of the proposed skylights on the east and west sides of the roof on the grounds that the Design Guidelines state that "skylights should not be installed on the front roof plane" (p. 20). The Commissioners found that as the peak of the roofruns perpendicular to the street, the building does not have a back roof plane and concluded that skylights were not appropriate in a location that would be visible from the street. The proposed plan showed three skylights evenly placed from front to back near the peak of the roof. The intent of the guideline is that the skylight should not detract from the appearance of the building as seen from the primary access to the house- the front or street side. This standard, preserving the original design as seen from the street by limiting contemporary modifications to the less visible parts of the property, is found in other guidelines for chimneys (p.20) sliding doors (p.22}, decks (p. 24) and additions (p.26). 3. Roofing Material- The HPC denied approval of the proposed Decra steel shingle roofing material on the grounds that the design guidelines state "new roofing material should be appropriate to the character of the building in composition, size, shape and texture." The Commissioners observed that the Decra sample that you provided was not a convincing simulation of either asphalt or wood shingles, materials that would be appropriate. z - Hastings on the Mississippi The HPC approved the installation of asphalt shingles. If you apply for a building permit for asphalt shingles, and bring in a sample, staff can issue the Certficate of Approval. 4. Chimney - The HPC discussed but, after you left the meeting, did not take action on the proposed installation of a chimney. Per City Code, if you wish to appeal any of the decisions the HPC made regarding your property, please deliver a Notice of Appeal and statement of reasons setting forth the grounds for the appeal to Dave Osberg, Deputy City Clerk by Friday, September 30th. Once received, the City Council would consider the appeal at its next regular meeting. If you have any questions or concerns, please feel free to contact me by phone at 480-2347 or jgrossman@ci.hastings.mn.us or Cecily Schrader at 480-2381 or at planningintem@ci.hastings.mo.us. 000 Grossman HRA Director City of Hastings H. Emergency Repair. In emergency situations where immediate repair is needed to protect the safety of the structure or its inhabitants, the Building Official may approve temporary or limited repair without the consent of the . Heritage Preservation Commission. In cases of a permit issued pursuant to this paragraph, the Building Official shall immediately notify the Heritage Preservation Commission of its action and specify the facts or conditions constituting the emergency situation. I. Denial of Certificate of Approval. The Commission shall provide the applicant written findings of fact for the grounds of denial of the Application for Certificate of Approval. The applicant shall be provided with the procedures for appealing the denial of the Certificate of Approval including this paragraph. The applicant or any party aggrieved by the decision of the Heritage Preservation Commission shall have a right to appeal such HPC order and decision to the City Council. The request for an appeal shall be made within 10 calendar days of the HPC's action by delivering to the City Clerk a Notice of Appeal and statement of reasons setting forth the grounds for the appeal. The City Clerk shall transmit the Notice of Appeal and statement to the City Council and the Heritage Preservation Commission. Once received, the appeal will be considered by the Council at the next regular meeting. Appeals on the grounds of economic hardship will be considered by City Council under the procedures and guidelines adopted by City Council. SUBD. 7. PENALTY FOR VIOLATION. An owner or occupant of any area, place, building, structure, or other object within' a duly designated Heritage Preservation Site or protected by an Interim Protection Order who violates the provision of this chapter shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this chapter shall be guilty of a misdemeanor for each day an owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site or protected by an Interim Protection Order allows any work to be performed on any area, place, building, structure or other object in violation of Section 6 herein, it shall constitute a separate violation of this chapter, and it shall be punishable as such. A Heritage Preservation Site on which there exists any remodeling, repairing, construction, or a building moved in violation of this chapter, is hereby declared a nuisance, and the imposition of the penalties herein prescribed shall not prevent the City of Hastings from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition, or to restrain, correct or abate a violation. A. Enforcement. The City Council authorizes the Heritage Preservation staff and the Building Official or designee to enforce this chapter. These officials may make inspections and take such action as may be required to enforce the provisions of this chapter. HASTINGS HERITAGE PRESERVATION COMMISSION Minutes of the Meeting of September 20, 2005 I. Quorum: Goderstad, Simacek, Hellie, Sovik-Siemens, Martin present. St. James, Warg absent. Staff: Grossman, Schrader. II. Minutes of August 16, 2005. Motion by Simacek, second by Sovik- Siemens to approve the minutes as presented by Staff. Motion passed, 5-0. III. Review of bullding permits or design proposals A. 215 West 7th Street. (Old Hastings Historic District) The owner, Greg Lesch, explained his proposal to add a low-level cedar deck to the rear and east side of the property. The owner explained that the deck would extend approximately 5 feet from the east side of the building. This portion would be seen from 7th Street. The Commissioners discussed the specific location of the proposed deck and the proposed cedar decking material. The Commissioners concluded that the proposed deck as designed would be compatible with the house and meets the design guidelines. The Commissioners discussed the proposed deck railing. They decided that a railing is unnecessary because of the low height of the deck (8") and commented that many historic buildings of that time period with decks did not have railings. The Commissioners stated that any proposed railings should be as simple as possible to fit the character of the building. The owner will bring a specific railing design to the next meeting if he chooses to install deck railings. Motion by Martin, second by Simacek to approve the deck as proposed without spindles and rallings. Motion passed, 5-0. ~ B. 312 East 4th Street. (Individually Designated) Tom Bates explained his proposal to re-roof the house with Decra steel shingles, add skylights to the east and west sides of the roof, install gutters and downspouts, and add a chimney to his property. The Commissioners frrst discussed the proposed steel shingle roofing material. The Commissioners stated that the proposed material is not consistent with the design guideline that states, "new roofing material should be appropriate to the character of the building in composition, size, shape and texture." The Commissioners observed that the Decra sample the applicant provided was not a convincing simulation of appropriate materials such as asphalt or wood shingles. ~ Motion by Martin, second by Simacek to deny the applicant's request to install Decra steel shingles. Motion passed, 5-0. Motion by Simacek, second by Sovik-Siemens to approve the installation of asphalt shingles. Motion passed, 5-0. The Commissioners discussed the applicant's proposal to add skylights to the east and west sides of the roof. The applicant explained that he would like to install a 10ft and needs the skylights for light and ventilation. The Commissioners stated that the design guidelines do not allow for the installation of skylights on the front roof plane, and that they did not believe skylights were appropriate in a location that would be at all visible from the front of the building. The Commissioners stated that this standard - preserving the original design as seen from the street by limiting contemporary modifications to the less visible parts of the property - is found in other guidelines for chimneys, sliding doors, decks and additions. The applicant stated that he thought that the HPC would allow for some variation from the guidelines for alterations to the sides of the home. The applicant asked whether the HPC would allow skylights on the rear 1/3 of the roof, but the Commissioners did not believe this would be appropriate. The Commissioners discussed whether the addition of dormers instead of skylights would follow the design guidelines, but they concluded that dormers would not be acceptable because they would alter the roof shape. Motion by Hellie, second by Martin to deny the applicant's request to install skylights on the east and west sides of the roof. Motion passed, 5- o. The Commissioners discussed the applicant's proposal to install 4" half-round gutters and 4" downspouts. The Commissioners stated that the proposal is consistent with the design guidelines. The Commissioners stated that copper or galvanized steel would be appropriate building materials. Motion by Martin, second by Sovik-Siemens to approve the applicant's request to install copper or galvanized steel 4" half-round gutters and 4" downspouts. Motion passed, 5-0. The Commissioners discussed the applicant's proposal to install a chimney towards the front of the roof. The Commissioners stated that the design guidelines explicitly prohibit the installation of chimneys on the front roof plane. The Commissioners suggested moving the chimney to the middle or rear portion of the roof, but the applicant stated that the front of the roof is the only feasible location for the chimney. The applicant left the meeting before the discussion was completed and no action was taken on the proposal to install the chimney. - .(~.::.~ , Residential Gciideline 3: Roofs, Chimneys, and Dormers A sound roof protects the building from the weather. Each style of architecture has distinctive roof forms, whether gable, hip, gambrel, mansard, or shed. In Hastings the gable is most common, but there are many variations. The shape, texture, and color of the roof are key design features of the historic building. New dormers and other additions to the roof must be carefully designed. In Hastings, wood shingles were used to roof the earliest houses, and asphalt shingles became standard in the early twentieth century. Long- lasting slate, metal, and tile are other historic roofing materials. Parts of the roof and chimney (top) and details at the roofline (below). Design Guidelines 1. Roofing Materials Original roofing materials that contribute to the character of the building or district, such as tile and slate, should be maintained and retained unless badly deteriorated. If partial re-roofing in tile, slate or asphalt is necessar}j replacement roofing should match the old in composition, size, shape and texture. New roofing material should be appropriate to the character of the building in composition, size, shape and texture. Rolled roofin ma be used o y on at or slightly sloped roofs that are not visible from the public way. 2. Decorative Features Historic cornices and cresting, finials and other decorative detail at the roofline should be repaired and retained wherever possible. 3. Alterations to Roof Shape The original roof type, slope and overhangs should be preserved. The roof shape at the front should not be altered except to restore it to the original documented appearance or to add ar- chitecturally compatible dormers. The shape of existing dormers should not be altered unless compatible with the original design. Alterations to the roof shape at the sides or rear should be compatible with the architectural charac- . ter of the building. 5. Skylights Skylights should not be installed on the front roof plane. They should be flat and close to the roof plane as possible. "Bubble" type skylights should not be installed. 6. Rebuilding Chimneys If rebuilding is necessar:y, original brick details such as decorative panels and corbels should be replicated. In the absence of evidence of the original appearance, repair or rebuilding should be compatible with the building type or style. (See Masonry Guidelines.) 7. Chimneys and Stovepipes New chimneys and stovepipes should not be installed on the front roof plane. Vergeboard (or bargeboard) Hastings Heritage Preservation Commission 20 4- MEMO To: From: Date: RE: Heritage Preservation Commission Cecily Schrader September 20th, 2005 312 East 4th Street - Design Review of External Covering of New Roof Request: Tom Bates is seeking approval for the external covering of the new roof on the property~ The applicant received HPC staff approval in June to replace the existing roof and is now applYing for HPC approval of the external covering of the roof. The HPC denied the applicant's proposal to install a steel shingle roof at the August HPC meeting. Historic Property: The house is an individually designated property. The building was constructed circa 1860-1870 in the Greek Revival style. It is significant as one of the few 19th century stone houses in Hastings, and because of its unusual architectural details. Roof: The contractor proposes to install a new metal roof on the property. The proposed design and roofing materials have changed from those that were denied approval at the August HPC meeting. Please refer to the attached picture of the proposed roofing material. The owner will attend the meeting and bring samples for Commission review. Design Guidelines (pg. 20) - Roofs - New roofing should be appropriate to the character of the building in composition, size, shape and texture. Rolled roofing may be used only on flat or slightly sloped roofs that are not visible from the public way. Attachments: . Pictures of Proposed Roofing Materials 6 '"'" -...~: .....--- --I '~ .~ 8 ~.el...... ..c'. "'.. . ..... .... ...J................................. '.0'"'~"".' J . - ......, --;.....cir"':' . - . '- -.'" , . ~ ..~.....,. 0;..... ..... . ~l\ ~~ ~~ "'0 o ~~.1).. ~E9 8~ ~~ ~~ ~~ ~j. ~\. .ti \' 8 .c:J.~ .... . ..,"?. Bg.. :; .~..;g ~. .... .i..".~...i.~.. .....fa~'.. &3 ~1i. ~, '~'" . MEMe TO: HPC FROM; JOHN GROSSMAN RE: 312 E 4th Street - Skylights, chimney, downspout Request: Tom Bates seeks approval for new skylights, chimney and downspouts. Skylights: located as shown on drawing, dimension and appearance as shown on attachments. The reason for the request is the owner's desire to install a loft. Chimney. Located as shown. The color would be black. There is no chimney on the building at this time. Downspouts. Located as shown. The material would be copper. Runoffwould be channeled into sumps before crossing the sidewalk. Significance and integrity: Individually designated 1860-1870 stone house. The walls and window-door openings are original. The windows and doors have been replaced since 2000. The shingles have been removed and roof sheeting replaced. Mr. & Mrs. Bates have been remodeling the house for their own use. Guidelines: (p. 20) Skylights should not be installed on the front roofplane. They should be flat and close to the roof plane as possible. New chimneys and stovepipes should not be installed on the front roofplane. The addition of skylights is not prohibited, but they should be as unobtrusive as possible. The addition of a stove pipe is also not prohibited but should be compatible with the building type or style. Stove pipes were in use by the 1860s and 70s. The gable roof peak runs perpendicular to the street, so there are no front and back roof planes. It is possible to see the roof planes from the east and west, but not from directly in front of the house. As it is not possible to meet the guideline in this respect, the ordinance directs the commission to use the Secretary's Standards. Secretary's Standards (p. 46) 9. Exterior alterations shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment. 10. New additions shall be undertaken in such a manner that if removed in the future the essential form and integrity of the historic property and its environment would be unimpaired. ~ ~ ::t 1~ ~ #JJ~~~ ~ J1 .D \ ~cJ Cl- .r \' \ : . if: 1 j ~'\1'~1l I. I i.,: ~ 1 ~\~ i l~,. .'/ Ji I j':-:::~ I j I ' i ! I I I j . I :J.-...;>tiid- '"" ~--"'...'. ..:'.1: I, I I :iJ 'j i I t'l ...---",--=..' f .:.:.-----;- -~ l- 1"----.-/ ~l 7.1 I . JI '.fl C:!. ""- <;)0 I r..i....._..~._~... .-..".,..~--~-.. r-.\! t'L .';Tc ';, _ . . .._'" i ! ' .- -.:.. ...... - , . .--' ..- 1\--=-----.------- \~I .....) c;- ~ ~R- ~ '- I 2>'^ 'f\ \ {~~t~t if)\J\ c ,. --9 ~ ,.... ., f<);-. 'f...3t ~~ O-d ;~ ~ .Q ~ d\-:5l 9 %> ~ \f\ ~~ ? "'1) 0 ~Q)~ :::\\~ \") ~ ~ ~ x. d.~ ~ ~ LtJ ?;~~ X )J ~> ~()~0 _ f'\.1 ,.. S <J u. U- .\L ~ -+- ~ \I ~~ ~V\ ~ ~ 0. .0 '. x: mE:J Fixed Skylight The curb mounted fixed sky- light is sized to work with all types of site-built curbs, whether they're slighrly out-of-square, pre-existing, or surrounded by unusually thick ( "-~ flashing and roofing material. Heavy-duty materials ensure the FCM is built to withstand the instal- lation process, as well as anything Mother Nature throws its way. (see page 29). . No designated top, bottom, or sides, so you can install it in whatever direction you want. . Maintenance-free exterior. . Integrated gasket provides a thermal break for energy efficiency and seals out water, wind and hassles for years. · Impact glass available fk'~ ~. '. hUrricane prone areas. ~, · Blinds and controls are available (see pages 30-31). . FCM INSTALlATION PITCH Fixed Skylight with Ventilation Flap We created our fixed skylight with ventilation flap to bring beauti- ful daylight into your home along with an added benefit - a breath of fresh air. Perfect for bedrooms, family rooms, and hallways where air tends to get stale and stagnant. . .-'~_.__..-~. -q. . ~,.,;-- . The flap is opened ,,-- ~ -~'=~ and closed with a ,/,<"~ ~. ---- telescopic rod. It can ,..~.:. .., be left open year- ,it round for fresh air circulation - eve~ when it's raining. ! FSF INSTALlATION PITCH . Features ventilation flap to allow air to circulate. . Comes with a wood frame, gasket- ing to drain any condensation outside, and protective aluminum or copper cladding. . Streamlined exterior - smooth, low profile does not obstruct your roofline. . Blinds and controls are available (see pages 30-31). . Available with ComfortPlusiM insulated glass only. FlASHING SOLD SEPARATELY Flashing is available for almost any roof type, pitch or material (see pages 28-29). 25 . To assist you in your planning, these charts provide the data useful for specification and installation of your VELUX skylights and roof windows. Each model is shown with the available size measurements and other necessary information. 'X 308 ~ 601 606 Finished frame dimension mm, (wxh) in. mm (wxh) in; mm (wxh) in. mm (wxh) in. mm in. ; '}l'lax .46~:,; 21 ~ x 55:~ (548'x 699)','5'1548'''978)';' , (5.48 x 1178)..(5.48 x 1398)': 20~ x 26',4 20~ x 37',.1. 20~ x 4511. 20~ x 53';. (521 x667) (521 x945) (521 x 1145) (521 x 1365) 21:A x28'" .' 21:Y.i~39,21:A ){46~" 21'/rx55Y~' (548x711)'.i.,'(; (548' x 991] '~,"';1548,xj19ii'\""1548X,1411l:' 21,/, x 34:,4 21 y, x 46:4 21 y, x 54Y. 21 y, x 63Y. (548 x 877) (548 x 1172) 1548 x 1383) (548 x 1615) 21Y,x30~.,. :,;;;21~;x.41~';,~ 2,1 :A~49'~;':",~\21 ~)(58:4 (548 ~7 68)';:~):~\is.4s~lOs'l). . \..(5A8il2541.':Y''':1s48~'l'A77) ';177$'x 1051) 16Y. x 20'}l. 16~x31~ 16~x39~ 16~x48~ 25'l.x31~ ',3<Yftx'38:A , (778~ 978) 29'''<' x 37'''<. (751 x945) '30'/tx 39 .; '(775 x99jf 30Y. x 46:4 (775 x lIn) ;30nx41~ (778 x 1178) 29'..<.x45~ (751 x 1145) . '30,/, x 46~ (775 x 1191) 30Y, x54Y. (775 x 1383) 30Y. x 49''' .; (775 x 1254) 25h39~ 30',4 x 55 (778 x 1398) 29'''<. x 53~ (751 x 1365) 30:h x 55~ (775 x 1411) 30~ x 63Y. (775 x 1615) 30~ x58~ (775 X t417) 25~x48~ 44';. X 27';'" .' 44';. ic.46~ (1138'x'699) , 'h13Sx:I'178\ 43~ x 26:.& 43~ x 45~ (1111 x 667) (1111 x 1145) . .44%x}8.: ,'.4ot';.~,46~; " (1138 x 711) , " (H38x'1191) , 44~ x 34~ 44';. x 54Y. (1138 x 877) (1138 x 1383) .44'1<,x 30:.&;<,,;j,.t4~)(.49;'~..,., (1138x 767); ,:\: ,(l138,.xl254). 40 x 20'~ 40 x 39''' e) oUtside frame Rough opening for EDl/EDW/EDM Rough opening for ECX Flat Roof Curb Rough opening for "EMxRoofeurb ' Note: Impact units should be specified as Type 0099 69. <f Net weight (with temp. glass) Ibs. 50 68 57 79 117 Note: Impact units should be specified as Type 0099 69. '.,'l r;t ARCHITECTURAL SPECIFICATIONS Architectural specifications for VELUX products are available at wwwVELUXUSA.com/speciflcations. www.VELUXUSA.com 34 ~ J.-~-~ Appendix: l\.pplication fo~ Certificate?f Approval ~ Hastings Heritage Preservation'Commission 101 E. 4th Street, Hastings, MN (651) 437-4127 (~~~ Property Address ~ I ~s+ ,Surl-, \~ ~ I \NlJ{) - S-;- u:5 'S ~X;x= OID.\' 4t ,~i t~~ 5 (~'\VVl, <)W 33, Phone (p1)\ t J.\. ~ r I q ~04 Fax Contractor )>,p 01! Name ~ Address Phone Description of the general type(s) of work such as painting, siding replacement, new porch or garage construction, interior remodeling: . U1W RD~I ~~~~ m-i "/~ \ll,b.... ,. ~~ Owner signature ~dAi)E~~ ( Type of permit required; ~Q ~;,.Jc o Sign/ awning / fence 0 New Construction 0 Relocation 0 Demolition o Any exterior alteration including .repair, reroofing, residing, window or door replacement, cleaning, tuckpointing. APPUCANT MUST PROVIDE: (note different items for each type of work) 1. For exterior addition, alteration, remodeling, restoration or removal: ~urrent photographs of the building, especially areas where the work will be done. rncaled drawings showing the proposed design. Q1llustrations from catalogs or samples provided by contractors or supplies of windows, doors, siding, trim, skylights, exhaust vents, etc. to be installed. 2. For demolition, relocation, new construction and fences: 8 Current photographs of the building or site. Scaled site plan showing location of new construction or relocation on the property. o Scaled drawing showing the proposed design for new construction. 3. For signs and awnings: o Scaleg drawing of the sign or awning and its location on the building. o Samples, paint chips, and illustrations from catalogs showing lettermg. design, and color of awning. 4. For replacement of shingles and repair, cleaning or painting of existing materials: o Photograph of area to be replaced, repaired, or cleaned. o Samples, materials, paint chips, and illustrations of replacement materials. _..J.1" 7 Hastings Heritage Preservation Commission 1:\1 ... ~"~-,.J -- .. t ~ Appendix: Application for ,Certificate <>.f Approval Page 2 To be Completed by Staff ( Location in Historic District o Contributing D N?n~ontributing DDes~ted Lan~ark (historic name) / VI {C f1 (j C' / ~A U (' 1L A ,/1 P ational Regtster of Historic Places L - ~ 1/ V f/WA-- ,-- oc-.t:L( ~l--rn aft/'X..I ~ Conservation District 1 · D .. escnption of proposed work and . the e1 ti . unpact on the 0 . . al d . r a onship to the district and/or adJ'acent d .ngm eSlgn and materials of the buildin d/ . ~ / d d t1-4 II eSlgnated properties: g an or site, and ~m /J1-f%J :r~'c;~W w/Ih sft1Y/duq COmmissioa: U/J ed QIu ~i1g fJIl! t1~cdp pl/AAftl 0& C?1/)~A /J A .-- Reviewed by Conmu" 0 I Y V Ie) 6 SSlon Staff I {} ~ S o Committee of Comments: OWfll/V end f/tI?e'~ Ire?, tAU!- /tJ 5f~ &~k EfYr;f tuf ~uC( 5/ tZttq /(p, CcJ~n/C/ dejeMLd dLh#l ~ ~&u prr-uddJ? . OWXfYV 6ttb~ 5~nj{J(L ,/ ~ ,5{d 6/U44QWa af ~. ;?{}~. ;>/WYtqtM ~. . #f?J sl&lftVJuP ~/ chrwprwftJ C .. Of) 7? ~ .) Chll1111flf ;W~ adU M1; :tf/49 ,9, <{!,'v ~ J · ertificate of Approval Action Date complete application received ~ 10 Date review completed 5 d (! ~A/.J P c:; - ~:.m s:.pt UJ Approved as submitted f# ~. CiA; IYY1 Date appealed to Gty Council PR;;~ ~tions (attachedl- Denied V- . .R. "Ah/u' ,c Granted- Denied Date of permit issue / .. FTLC-VI"-.q Or Ow 11. - By ( Bastin gs Heritage Preservation Commissi C'l on / HASTINGS HERITAGE PRESERVATION COMMISSION Minutes of the Meeting of August 16, 2005 I. Quorum: Goderstad, Simacek, Hellie, Warg, Sovik-Sieniens, Martin, St. James present. Staff: Grossman, Schrader. ll. Minutes of July 19, 2005. Motion by Goderstad, second by Simacek to approve the minutes as presented by Staff. Motion passed, 7~O. m. Presentation of Commemorative Plaque to Commissioner Boler. Chairman Warg presented Jackie Boler with a commemorative plaque from the City of Hastings that commended her for her work as an HPC Commissioner. Commissioner Boler accepted the plaque graciously and thanked the Commissioners. IV. Review of building permits or design proposals iL- A. 312 East 4th Street. (Individually designated, "Stone House") The contractor, Tom Bates, presented background information about the proposal to re-roofthe property. The proposal had changed significantly from the Application for Certificate of Approval that was submitted for Commission review. Instead of the standing seam metal roof that was initially proposed, Mr. Bates proposed to install a steel shingle roof. The Commissioners did not feel comfortable voting on the proposal at the meeting because of the last minute change of the proposed roofing material. The Commissioners expressed doubt that metal shingles are historically appropriate roofing material since the design guidelines do not allow vinyl or steel siding on historic properties. The Commissioners asked to see a sample of the roofing material. Mr. Bates..stated that he could bring a sample to the next HPC meeting, and that the proposed material is superior to the standing seam steel roof that was initially proposed. The Commissioners replied that metal shingles may be a superior material, but it is necessaty for them to meet historic guidelines. Mr. Bates will retum with samples or a revised proposal at the next HPC meeting. B. 208 East 6th Street. (Old Hastings) Juline Glazebrook presented background information about her proposal to remove the current siding on her property and restore the underlying clapboards. She also proposed to remove the metal surrounding the window trim and restore the trim. Ms. Glazebrook stated that she had removed a few small pieces of siding and that the underlying clapboards appear to be in good condition. The Commissioners agreed that the proposed alterations meet historic design guidelines and coInmended the owners for proposing this type ?)