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Home My WebLink About03-06-06 M~I!_cl 1'1"". March 2006 AprI12006 ,)(, T ..; iT <. J, S M T W r F s S M T W T P S 1 2 3 4 1 S 6 7 8 9 10 11 2 3 4 S 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 2S 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 2S 26 27 28 29 30 .. .. Monday TUesday WedheSda mursday .... .. Prlq~y . . ..... .... ......... ..~tlSU" 7pm CC-Council MtCl. 70m Vol. Room-HRA MtCl. 70m CC-Planning Mtg. 60m Jt. Facllitles-NRRC Mtg. 70m CC-Councll Mtg. 70m Vol. Room-HPC Mtg. 70m CC-Plannlng Mtg. Carol Latham 3 1/26/20063:06 PM CITY OF HASTINGS COUNCIL MEETING Monday, March 6, 2006 7:00 PM I. CALL TO ORDER II. ROLL CALL III. DETERMINATION OF QUORUM IV. APPROVAL OF MINUTES Approve Minutes of the Regular Meeting on February 21,2006 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 Council member 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 Strong Beer/Wine License for Digital Links, LLC 3. Approve Hiring Lynn Associates to Conduct Employee Survey 4. Accept Resignation of Associate Planner Kris Jenson 5. Pay Estimate #l-Well #8 Construction: Keys Well Drilling Company ($30,789.50) 6. Preliminary 2005 Annual Report 7. First Reading/Order Public Hearing-Ordinance Amendment #2005-55: Original Hastings Design Standards 8. First Reading/Order Public Hearing-Drdinance Amendment #2006-08: Accessory Building Roof Height 9. Resolution-Vacation of Easement #2006-09: Waterfront Addition (Block 1) 10. Authorization to Sign-CenterPoint Energy Easement 11. 2006 Budget Adjustment 12. Approval for Bid Proposals-South Pines Park 13. Approve Trail Maintenance & Repair VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS 1. Public Hearing-Business Subsidy for Arthur G. Miller 2. Public Hearing-Irrigation and RPZ Ordinance 3. Public Hearing-Vacation of Easement #2006-12: Wal-Mart (1752 North Frontage Road) VIII. REPORTS FROM CITY STAFF A. Public Works 1. Second Reading and Ordinance Amendment-Irrigation and RPZ Ordinance 2. Resolution-Adopting Irrigation Permit Fees 3. Resolution-Funding for 2006 Water System Improvements and Annual Utility Rate Review and Rate Recommendations B. Planning 1. Resolution-Site Plan #2006-11: Miller Electric (Enterprise Avenue) 2. Resolution-Authorize Execution of Agreements with Arthur G. Miller 3. Resolution-Vacation of Easement #2006-12: Wal-Mart (1752 North Frontage Road) 4. Resolution-Preliminary Plat #2006-13: Featherstone Oaks, Version II (1803 Featherstone Road) 5. Consider Request-ConzemiuslPulte Annexation: North of Hastings High School C. Administration IX. COMMENTS FROM AUDIENCE X. UNFINISHED BUSINESS XI. NEW BUSINESS XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIII. ADJOURNMENT Next Council Meeting on Monday, March 20, 2006 Hastings, Minnesota City Council Minutes February 21, 2006 '\ The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, February 21, 2006 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Councilmembers Hazlet, Hicks, Moratzka, Schultz, and Mayor Werner Members Absent: Councilmembers Alongi and Riveness Staff Members Present: City Administrator David Osberg City Attorney Shawn Moynihan Assistant City Administrator Melanie Mesko Lee Planning Director John Hinzman Parks & Recreation Director Barry Bernstein Swear in Police Officer Amber Marner City Clerk Mesko Lee administered the oath of office to the City's newest police officer, Amber Marner. The Mayor and Council welcomed Amber to the City of Hastings. Approval of Minutes: Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of Monday, February 6, 2006. Hearing none, the minutes were approved as presented. Consent Agenda City Administrator Osberg requested that Item #14 on the Consent Agenda be moved to #2 under Administration. Moved by Councilmember Schultz, seconded by Councilmember Hazlet to approve the Consent Agenda as amended. 1. Pay Bills as Audited 2. Order Public Hearing for Business Subsidy for Arthur G. Miller 3. Pay Estimate #6-Project 2005-1 Dakota HiHs Area Reconstruction: Pember Companies ($19,994.74) 4. Pay Estimate #12-Project 2004-1 Westwood Area Reconstruction: 3 Rivers Company ($37,241.04) 5. Approve Mediation Settlement Agreement with Three Rivers Construction for 2004 Westwood Area Construction Delays 6. Authorization for Public Works Department to Purchase One-Ton Truck 7. First Reading and Order Public Hearing-lrrigation Ordinance 8. Approve Change of Retirement Date for Ray Knoll to May 31,2006 9. Resolution-Approve Massage Therapy License for Yelena Usacheva 10. Order Public Hearing-Vacation of Easement #2006-12: Waf-Mart (1752 North Frontage Road) 11. Approve 2006 Budget Adjustment 12. Resolution-Approve Grant Application Submittal City of Hastings City Council Minutes February 21, 2006 Page 2 of 2 13. Resolution - Approve Development and Subsidy Agreements for Midwest Products 5 Ayes, Nays, None. Copy of resolutions on file. Public Hearing-Vacation of Easement #2006-09: Waterfront Addition (Block 1) Mayor Werner opened the public hearing at 7:05 p.m. Planning Director Hinzman stated that the request is to vacate certain drainage and utility easements located on Block 1- Town of Hastings. The vacation is needed to reconfigure easement areas for Waterfront Addition as proposed by Sherman Associates. Hinzman stated that further clarification is needed on the easement description itself, so staff is requesting that no formal action, other than the public hearing, be made at this time. Hearing no further comment, Mayor Werner closed the public hearing at 7:06 p.m. Resolution-Vacation of Easement #2006-09: Waterfront Addition (Block 1) Moved by Councilmember Moratzka, seconded by Councilmember Schultz to table this item. 5 Ayes, Nays, None. Approve City Council/Staff Goals Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the City Council/Staff goals presented. 5 Ayes; Nays, none. Approval of Greten Park Additional Equipment Moved by Councilmember Moratzka, seconded by Councilmember Schultz to refer this item back to the NRRC for further discussion. S Ayes; Nays, none. Adjournment Moved by Councilmember Hicks, seconded by Councilmember Alongi to adjourn the meeting at 7:08 p.m. 5 Ayes, Nays, None. Michael D. Werner Mayor Melanie Mesko Lee City Clerk .... Ulyof H3sti 95 Nemnrdm To: City Council From: Becky Kline, Finance Department Date: 2/28/2006 The attached Department Report itemizes vouchers that were paid on February 28, 2006. Thank you. 2/28/2006 'ACKET : "ENDOR SET: 'UNO 8:31 AM 00171 Regular Payments 1 101 GENERAL 'EPARTHENT: N/A NON-DEPARTMENTAL UDGET TO USE: CB-CURRENT BUDGET ENOOR NAME ITEM # =================================================================================================================================== 2,191.35 -12712 DELTA DENTAL PLAN OF MI 1-3716649 -88083 DUANE R WALLIN & WINSTO I -WALLIN 11 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-000-0000-2192 DESCRIPTION DENTAL INSURA MARCH PREMIUM 101-300-3100-5485 CHARGES FOR S UNUSED ESCROW/ADMIN FEE DEPARTMENT NON-DEPARTMENTAL BANK: GEN CHECK' 924240 924296 TOTAL: PAGE: l 1 AMOUNT 2,158.29- 33.06 2/28~2006 ACKET: ENOOR SET: tJND EPARTHENT : UOOET TO USE: E: 8:31 AM 00171 Regular Payments 1 101 GENERAL 102 COUNCIL & MAYOR CB-CURRENT BUDGET NAME ITEM It -44648 LEAGUE MN CITIES INSURA 1-7955 -75237 SUBURBAN RATE AUTHORIT 1-2006 1ST HALF REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-102-1021-6340 101-102-1021-6433 DESCRIPTION INSURANCE-WOR 1ST INSTALLMENT DUES, SUBSCRIP MEMBERSHIP DEPARTMENT 102 COUNCIL & MAYOR PAGE: 2 BANK: GEN CHECK' 924263 924288 TOTAL: AMOUNT 25.02 800.00 825.02 2/28/2006 'ACKET : "ENDOR SET: 'UNO 8:31 AM 00171 Regular Payments 1 101 GENERAL 'EPARTMENT: 105 ADMINISTRATION UDGET TO USE: CB-CURRENT BUDGET ENOOR ITEM # NAME -000114 CANON FINANCIAL SERVICE 1-5930859 1-5930859 -26730 GRAPHIC DESIGN 1-31171 1-31172 -44648 LEAGUE MN CITIES INSURA 1-7955 -48688 METRO AREA MNGR ASSN. 1-1425 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-105-1051-6206 101-105-1051-6206 101-105-1051-6201 101-105-1051-6201 101-105-1051-6340 101-105-1051-6323 DESCRIPTION DUPLICATING &: COPIER LEASE DUPLICATING & COPIER LEASE OFFICE SUPPLI ENVELOPES OFFICE SUPPLI ENVELOPES INSURANCE-WOR 1ST INSTALLMENT CONFERENCE &: MAMA LUNCHEON DEPARTMENT 105 ADMINISTRATION PAGE: BANK; GEN CHECK# 924226 924226 924250 924250 924263 924271 TOTAL : 3 I' AMOUNT 552.87 423.41 218.33 189.57 217 .30 18.00 1,619.48 2/28A2006 8:31 AM ~CKET: 00171 Regular Payments ENDOR SET: 1 ON!> 101 EPARTMENT: 107 lJDGET TO USE: GENERAL CrTY CLERK CB-CURRENT BUDGET E:i ITEM # ===================-=============================================================================================================== NAME -000177 APMP OF MINNESOTA 1-2006 -01850 ALLINA OCC MED 1-53308923 1-53422019 1-53517070 1-53532395 1-53652363 1-5365362 1-53818018 -09215 CHOICEPOINT SERVICES IN 1-346370 -34180 INSIGHT PUBLIC SECTOR 1-110299066 -44013 LABORATORY CORPORATION 1-2147601 -44646 LEAGUE OF MN CITIES 1-1-000024545 -4~_~8 LEAGUE MN CITIES INSURA 1-7955 REGULAR DEPARTMENT PAYMENT REGISTER G/L A~COUNT NAME DESCRIPTION 101-107-1071-6433 DUES,SUBSCRIP DUES/ MESKO LEE 101-107-1071-6450 101-107-1071-6450 101-107-1071-6450 101-107-1071-6450 101-107-1071-6450 101-107-1071-6450 101-107-1071-6450 MISCELLANEOUS MAHONEY MISCELLANEOUS MEIER MISCELLANEOUS RUONA MISCELLANEOUS STEVENS MISCELLANEOUS ALLINA oce MEn MISCELLANEOUS OKESON MISCELLANEOUS LINDEMAN 101-107-1071-6450 MISCELLANEOUS RUONA PRE-EMP / RANDOMS 101-107-1071-6571 NON CAPITAL C MONITOR 101-107-1071-6450 MISCELLANEOUS RAMDOM DRUG SCREEN 101-107-1071-6311 EXPERT & CONS RECODIFICATION/lot 101-107-1071-6340 INSURANCE-WOR 1ST INSTALLMENT DEPARTMENT 107 CITY CLERK PAGE: 4 BANK: GEN CHECK# AMOUNT 924221 20.00 924219 20.00 924219 20.00 924219 103.50 924219 20.00 924219 20.00 924219 20.00 924219 103.50 924229 58.00 924257 311.68 924262 110.25 924266 1,499.50 924263 38.69 TOTAL : 2,345.12 ---------------------------------------------------------------------------------------------------------------------------------- 2/28/2006 8:31 AM 'ACKET: 00171 Regular Payments 'ENDOR SET: 1 1JND 101 tEPARTMENT: 120 :UDGET TO USE: "ENOOR NAME ======================================================================================================================:===z======== AMOUNT GENERAL FINANCE CB -CURRENT BUDGET ITEM # -44648 LEAGUE MN CITIES INSURA 1-7955 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-120-1201-6340 PAGE: 5 BANK: GEN DESCRIPTION CHECK# INSURANCE-WOR 1ST INSTALLMENT 924263 DEPARTMENT 120 FINANCE TOTAL : 259.00 259.00 2/28,42006 8:31 AM 'ACKET: 00171 Regular Payments ENOOR SET: 1 tlND 101 GENERAL EPARTMENT: 130 LEGAL UDGET TO USE: CB-CURRENT BUDGET E' NAME ITEM I ==:=============================~======================================================:=========================================== AMOUNT -21886 FLUEGEL & MOYNIHAN PA I-FED 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-130-1301-6304 LEGAL FEES DEPARTMENT 130 DESCRIPTION OIECKI LEGAL FEES LEGAL TOTAL: BANK: GEN 924248 PAGE: 6 11,250.00 11,250.00 2/28/2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 UND 101 EPARTMENT: 140 UDGET TO USE: ENOOR NAME ==========================================;========================================z======================================z======== AMOUNT GENERAL MAINTENANCE CD-CURRENT BUDGET ITEM # -44648 LEAGUE MN CITIES INSURA 1-7955 -88085 WALMART COMMUNITY BRC 1-781 - 92700 XCEL ENERGY I-FEB 2006 I-FEB 2006 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-140-1401-6340 DESCRIPTION CHECK' INSURANCE-WOR 1ST INSTALLMENT 924263 101-140-1401-6217 OTHER GENERAL SUPPLIES 101-140-1404-6343 101-140-1403-6343 924297 LIGHT & POWER ELECTRICITY LIGHT & POWER ELECTRICITY 924298 924298 DEPARTMENT 140 MAINTENANCE TOTAL: PAGE: 7 BANK: GEN 304.64 11.14 1,724.81 1,642.98 3,683.57 2/28/.:2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 OND 101 GENERAL EPARTMENT : 150 PLANNING UDGET TO USE: CB-CURRENT BUDGET FA ITEM ft NAME -44648 LEAGUE MN CITIES INSURA 1-7955 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-150-1501-6340 DESCRIPTION OIECKft INSURANCE-WOR 1ST INSTALLMENT DEPARTMENT 150 PLANNING TOTAL : PAGE: BANK: GEN 924263 8 AMOUNT 175.83 175.83 2/28/2006 8:31 AM ~CKET: 00171 Regular Payments ENOOR SET: 1 'UNO 101 EPARTMENT: 160 UOOET TO USE: ENOOR NAME GENERAL LT. CB-CURRENT BUDGET ITEM I -44648 LEAGUE MN CITIES INSURA 1-7955 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-160-1601-6340 DESCRIPTION CHECK' INSURANCE-WOR 1ST INSTALLMENT DEPARTMENT 160 LT. TOTAL : PAGE: 9 BANK: GEM 924263 AMOUNT 90.35 90.35 :.tj:ltiJ;.2006 8:31 AM 'ACKET : 00171 Regular Payments 'ENDOR SET: 1 'UND 101 GENERAL IEPARTMENT : 201 POLICE ;UDGET TO USE: CB-CURRENT BUDGET If NAME ITEM I =-~======:========================================================================================================================= AMOUNT -000114 CANON FINANCIAL SERVICE 1-5930859 -000176 COLT DEFENSE LLC I-RIFLE COURSE -01850 ALLINA OCC MED 1-53747368 -07907 CARDLAC SCIENCE INC 1-762842 -09200 CHIEF SUPPLY 1-422138 -09400 CITY OF MPLS. 1-4065002844 -10381 COPY MED INC 1-1386208 -12037 DAKOTA COUNTY TREAS-AUD 1-7239 .8 DAKOTA COUNTY SHERIFF 1-2006 -36025 JACKS UNIFORM EQUIPMEN 1-43030 -44648 LEAGUE MN CITIES INSURA 1-7955 -49300 MID-AMERICAN SPECIALTIE 1-635527 -56836 OFFICE MAX - A BOISE CO 1-648549 -73490 SIRCHIE FINGER PRINT LA 1-0403877 -74367 MICHAEL T HELGET 1-18411 -74504 SPRINT 1-1535731867 -7~--'l TERRYS ACE HARDWARE REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-201-2010-6206 101-201-2010-6323 101-201-2010-6311 DESCRIPTION DUPLICATING & COPIER LEASE CONFERENCE & RISCH / HICKS EXPERT & CONS MAMER PRE-EMP 101-201-2010-6219 MEDICAL & FIR AED BATTERIES 101-201-2010-6217 OTHER GENERAL SUPPLIES 101-201-2010-6311 101-201-2010-6311 101-201-2010-6212 EXPERT & CONS AUTOMATED PAWN SYSTEM EXPERT & CONS MEn REPORT / 06001231 MOTOR FUEL & FUEL CHARGES 101-201-2010-6313 DISPATCH CONT DISPATCH SERVICE 101-201-2010-6218 CLOTHING & BA UNIFORMS/HAT BADGES 101-201-2010-6340 INSURANCE-WOR 1ST INSTALLMENT 101-201-2012-6331 ADVERTISING-P CRIME PREVENTION ITEMS 101-201-2010-6201 OFFICE SUPPLI OFFICE SUPPLIES 101-201-2010-6217 OTHER GENERAL EVIDENCE COLLECTION ITEMS 101-201-2014-6450 MISCELLANEOUS TOW DRUG TASK FORCE CAR 101-201-2010-6364 RENTAL-OTHER MDT VISION CARD CONNECT CHECK' 924226 924232 924219 924227 924228 924230 924234 924237 924236 924258 924263 924272 924282 924284 924285 924286 PAGE: 10 .BANK: GEN 434.18 750.00 103.50 521.85 399.73 134.00 25.89 3,243.69 94,757.00 1,088.71 9,405.53 398.67 286.35 401. 17 58.58 1,132.86 2/28/2006 8:31 AM 'ACKET : 00171 Regular Payments ENDOR SET: 1 'UND 101 GENERAL 'EPARTMENT : 201 POLICE UDGET TO USE: CB-CURRENT BUDGET ENOOR NAME ITEM t a~====~======~===================================~================================================================================= AMOUNT -76750 TERRYS ACE HARDWARE 1-11126 -78810 DIANE RADKE 1-1727 1-1731 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME continued 101-201-2010-6322 101-201-2013-6450 101-201-2010-6450 DESCRIPTION mECK' POSTAGE SHIPPING 924291 MISCELLANEOUS DARE/ PLAQUE MISCELLANEOUS DEPT / PLAQUES 924294 924294 DEPARTMENT 201 POLICE TOTAL: PAGE: 11 BANK: GEN 6.55 21.30 133.13 113,302.69 2/28~2006 ACKET: ENDOR SET; UNO EPARTHENT : UDGET TO USE: E. 8:31 AM 00171 Regular Payments 1 101 230 NAME REGULAR DEPARTMENT PAYMENT REGISTER GENERAL BUILDING & INSPECTIONS CB-CURRENT BUDGET ITEM # -11011 CUB FOODS I-FEB 06 -12037 DAKOTA COUNTY TREAS-AUD 1-7239 1-7239 -24072 GALLS, INC. 1-5817579800014 -44648 LEAGUE MN CITIES INSURA 1-7955 GIL ACCOUNT NAME DESCRIPTION 101-230-2301-6450 MISCELLANEOUS CONTRACTORS MTG 101-230-2301-6212 101-230-2302-6212 101-230-2301-6218 101-230-2301-6340 MOTOR FUEL &, MOTOR FUEL &, FUEL CHARGES FUEL CHARGES CLOTHING &, BA RAIN JACKET INSURANCE-WOR 1ST INSTALLMENT DEPARTMENT 230 BUILDING &, INSPECTIONS BANK: GEN CHECK' 924235 924237 924237 924249 924263 TOTAL : PAGE: 12 AMOUNT 35.17 97.82 26.66 26.48 440.62 626.75 2/28/2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 UND 101 GENERAL EPARTHENT: 300 PUBLIC HORKS UDGET TO USE: CB-CURRENT BUDGET ENOOR ITEM .. NAME -000114 CANON FINANCIAL SERVICE 1-5930859 -12037 DAKOTA COUNTY TREAS-AUD 1-7239 -20130 FASTENAL COMPANY I-MNHAS3871 -37316 JIFFY-JR PRODUCTS 1-140804-1 -42750 KREMER SPRING IX ALIGNME 1-14412 -44648 LEAGUE MN CITIES INSURA 1-7955 1-7955 -48404 MCNEILUS STEEL INC 1-01587533 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 BANK: GEN G/L ACCOUNT NAME CHECK# AMOUNT DESCRIPTION 101-300-3100-6206 DUPLICATING IX COPIER LEASE 924226 84.52 101-300-3200-6212 MOTOR FUEL IX FUEL CHARGES 924237 2,401.41 101-300-3200-6221 EQUIPMENT PAR LINER 20.24 924244 101-300-3200-6217 OTHER GENERAL BRUSH 924259 24.12 101-300-3200-6353 REPAIRS IX MAl REPAIRSI PARTS 924260 1,512.93 101-300-3100-6340 I NSURANCE-WOR 1ST INSTALLMENT 924263 480.70 101-300-3200-6340 INSURANCE-WOR 1ST INSTALLMENT 924263 4,489.40 101-300-3200-6221 EQUIPMENT PAR STEEL 924269 294.10 DEPARTMENT 300 PUBLIC WORKS TOTAL: 9,307.42 2/2812006 ACI<ET: ENOOR SET: UNo 8:31 AM 00171 Regular Payments 1 101 GENERAL EPARTMENT: 401 UDGET TO USE: PARKS & RECREATION CB-CURRENT BUDGET a' NAME ITEM It E=Z====Z=====================================================================================================~===================== AMOUNT -21402 FIRST NATL BANK 1-71 -44648 LEAGUE MN CITIES INSURA 1-7955 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-401-4143-6361 101-401-5002-6340 DESCRIPTION RENTAL-BUILDI LOAN 0320243279 INSURANCE-WOR 1ST INSTALLMENT DEPARTMENT 401 PARKS & RECREATION PAGE: BANK: GEN OIECKI 924247 924263 TOTAL: 14 1,527.35 105.18 1,632.53 2/28/2006 8:31 AM 'ACKET: 00171 Regular Payments ENOOR SET: 1 UNO 101 GENERAL EPARTMENT : 600 MISCELLANEOUS UDGET TO USE: CB-CURRENT BUDGET ENDOR ITEM t ===================================================~=============================================================================== AMOUNT NAME -44648 LEAGUE MN CITIES INSURA 1-7955 -49388 MN U.C. FUND 1-7975196 REGULAR DEPARTMENT PAYMENT REGISTER GIL ACCOUNT NAME 101-600-6001-6340 101-600-6001-6141 DESCRIPTION OIECK' INSURANCE-WOR 1ST INSTALLMENT 924263 INSURANCE-UNE UNEMPLOYMENT PMTS 924279 DEPARTMENT 600 VENDOR SET 101 MISCELLANEOUS TOTAL: GENERAL TOTAL: PAGE: 15 BANK: GEN 2,292.31 1,400.00 3,692.31 148,843.13 2/28/.2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 OND 200 PARKS EPARTMENT: 401 PARKS & RECREATION UDGET TO USE: CB-CURRENT BUDGET E: NAME ITEM # -000114 CANON FINANCIAL SERVICE 1-5930859 -03325 AUTO VALUE HASTINGS C-F11856 1-11586 1-11595 1-11760 I-Fl1806 I-F11875 -04048 BAHLS SERVICE I-CT66117 -12098 DALCO 1-1723490 -22900 GREENlMAGE 1-02 2029725 -29380 HILLYARD INC 1-1657621 LEAGUE MN CITIES INSURA 1-7955 1-7955 -48683 MENARDS 1-127 -49355 MN DEPT. OF AGRICULTURE I-FEB 2006 -50360 MOTOR PARTS SERVICE CO 1-90488 1-90489 -76750 TERRYS ACE HARDWARE 1-11048 1-11375 -78360 TOP SHELP ATHLETICS 1-2893 -88085 WALMART COMMUNITY BRC 1-13616 1-24093 1-24093 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 200-401-4147-6206 DUPLICATING " COPIER LEASE 200-401-4101-6353 REPAIRS " MAl COMPO/POWER STEERING 200-401-4101-6353 REPAIRS " MAl POWER STEERING PARTS 200-401-4101-6353 REPAIRS " MAl AUTO PARTS 200-401-4101-6353 REPAIRS " MAl PARTS 200-401-4101-6353 REPAIRS " MAl BRAKE CLEANER 200-401-4101-6353 REPAIRS " MAl BATTERY 200-401-4101-6212 200-401-4147-6240 200-401-4101-6353 200-401-4101-6353 200-401-4101-6340 200-401-4145-6340 200-401-4101-6450 200-401-4101-6433 200-401-4101-6217 200-401-4101-6217 200-401-4101-6353 200-401-4101-6350 200-401-4101-6214 200-401-4101-6201 200-401-4147-6350 200-401-4101-6217 MOTOR FUEL" OIL SMALL TOOLS & VACUUM/ BAGS REPAIRS & MAl FERTILIZER SPREADER PARTS REPAIRS & MAl HAND DRYER INSURANCE-WOR 1ST INSTALLMENT INSURANCE-WOR 1ST INSTALLMENT MISCELLANEOUS SHELVING UNIT DUES,SUBSCRIP LICENSE/ TESSIER " MAHONEY OTHER GENERAL POWER STEERING FLUID OTHER GENERAL FLOOR DRY REPAIRS & MAl PAINTER PARTS REPAIRS & MAl LIGHTBULBS RECREATION SU SOFrBALLS OFFICE SUPPLI SUPPLIES REPAIRS & MAl SUPPLIES CLOCK OTHER GENERAL SUPPLIES CLOCK CHECK' 924226 924222 924222 924222 924222 924222 924222 924223 924239 924251 924254 924263 924263 924270 924278 924280 924280 924291 924291 924292 924297 924297 924297 PAGE: 16 BANK: GEN AMOUNT 266.57 59.17- 188.21 62.99 29.05 48.31 154.52 21.16 424.68 175.69 443 _ 39 1,577.63 75.75 63.88 20.00 12.84 8.26 2.12 48.94 2,193.90 13 .47 15.78 30.73 2/28/2006 ACKET: ENDOR SET: UNO 8:31 AM 00171 Regular Payments 1 200 PARKS EPARTMENT: 401 UDGET TO USE: PARKS &: RECREATION CB-CURRENT BUDGET ENDOR ITEM # NAME -96670 ZEE MEDICAL SERVICES 1-54161549 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 200-401-4101-6219 MEDICAL & PIR SAFETY GLASSES DEPARTMENT 401 VENDOR SET 200 PARKS & RECREATION PARKS CHECK' TOTAL: TOTAL : PAGE: BANK: GEN 924299 17 AMOUNT 20.45 5,839.15 5,839.15 2/28f2006 8:31 AM ACKET: 00171 Regular Payments ENDOR SET: 1 UNo 201 EPARTMENT: 401 UDGET TO USE: &: NAME ACQUATIC CENTER PARKS & RECREATION CB-CURRENT BUDGET ITEM . -44648 LEAGUE JoIN CITIES INSURA 1-7955 -72016 ST. PAUL STAMP WORKS 1-76357 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 201-401-4102-6340 INSURANCE-WOR 1ST INSTALLMENT 201-401-4102-6201 OFFICE SUPPLI STAMP DEPARTMENT 401 PARKS & RECREATION VENDOR SET 201 ACQUATIC CENTER CHECK' 924263 924287 TOTAL: TOTAL: PAGE: 18 BANK: GEN AMOUNT 1,366.81 30.35 1,397.16 1,397.16 2/28/2006 'ACKET : 'ENDOR SET: UND 8: 31 AM REGULAR DEPARTMENT PAYMENT REGISTER 00171 Regular Payments 1 210 HERITAGE PRESERVATION EPARTMENT: 170 HERITAGE PRESERVATION UDGET TO USE: CB-CURRENT BUDGET ENOOR ITEM . GfL ACCOUNT NAME NAME -44648 LEAGUE MN CITIES INSURA 1-7955 1-7955 210-170-1702-6340 210-170-1704-6340 DESCRIPTION INSURANCE-WOR 1ST INSTALLMENT INSURANCE-WOR 1ST INSTALLMENT DEPARTMENT 170 HERITAGE PRESERVATION VENDOR SET 210 HERITAGE PRESERVATION PAGE: BANK: GEN CHECKft 924263 924263 TOTAL: TOTAL : 19 AMOUNT 5.79 11.12 16.91 16.91 2/28}2006 8:31 AM 'ACKBT: 00171 Regular Payments ENDOR SET: I OND 213 EPARTMENT: 210 UDGET TO USE: FIRE & AMBULANCE FIRE CB-CURRENT BUDGET E1 NAME ITEM , -000114 CANON FINANCIAL SERVICE 1-5930859 -00650 ADVANCED SPORTSWEAR INC 1-63720 -02102 ANCOM COMMUNICATIONS IN 1-67672 -12037 DAKOTA COUNTY TREAS-AtJD 1-7239 -20054 FAIR OFFICE WORLD 1-116622 -44646 LEAGUE OF MN CITIES 1-1-000024381 -44648 LEAGUE MN CITIES INSURA 1-7955 -49330 MILLER ELECTRICAL INC 1-1649 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 213-210-2100-6206 213-210-2100-6218 213-210-2100-6353 213-210-2100-6212 213-210-2100-6201 213-210-2100-6323 213-210-2100-6340 213-210-2100-6350 DESCRIPTION DUPLICATING & COPIER LEASE CLOTHING & BA UNIFORM HATS REPAIRS & MAl PAGER REPAIR MOTOR FUEL & FUEL CHARGES OFFICE SUPPLI OFFICE SUPPLIES CONFERENCE & CONF / CHUCK PAULSON INSURANCE-WOR 1ST INSTALLMENT REPAIRS & MAl REPAIRS DEPARTMENT 210 FIRE CHECK' 924226 924218 924220 924237 924242 924266 924263 924274 TOTAL: PAGE: 20 BANK: GEN AMOUNT 306.73 100.00 17.53 474.86 262.96 15.00 6,173.13 125.45 7,535.66 2/28/2006 ACKET: ENDOR SET: lJND 8:31 AM 00171 Regular Payments 1 213 FIRE & AMBULANCE AMBULANCE CB-CURRENT BUDGET EPARTMENT: 220 UDGET TO USE: &:NDOR ITEM # NAME -12037 DAKOTA COUNTY TREAS-AUD 1-7239 -44648 LEAGUE MN CITIES INSURA 1-7955 -50360 MOTOR PARTS SERVICE CO 1-90575 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 213-220-2200-6212 213-220-2200-6340 213-220-2200-6221 DESCRIPTION MOTOR FUEL & FUEL CHARGES INSURANCE-WOR 1ST INSTALLMENT EQUIPMENT PAR AMBULANCE FILTERS DEPARTMENT 220 AMBULANCE VENDOR SET 213 FIRE & AMBULANCE CHECKft 924237 924263 924280 TOTAL: TOTAL: PAGE: BANK: GEN 21 AMOUNT 976.18 648.89 28.40 1,653.47 9,189.13 2/28J2006 8:31 AM ACKET: 00171 Regular Payments ENDOR SET: 1 UNO 220 LE DUC EPARTMmT: 450 LEDUC UDGET TO USE: CB-CURRENT BUDGET E.; NAME ITEM I ================================E================================================================================================== 231.64 -92700 xeEL ENERGY I-FEB 2006 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION CHECK# 220-450-4160-6343 LIGHT & POWER ELECTRICITY DEPARTMENT 450 LEDUC TOTAL : VENDOR SET 220 LE DUC TOTAL : PAGE: 22 BANK: GEN 924298 AMOUNT 231. 64 231.64 2/28/2006 ACKET: mooR SET: UNO 8:31 AM 00171 Regular Payments 1 402 DOWNTOWN - TIF EPARTMENT: 500 HOUSING & REDEVELOPMENT UDGET TO USE: CB-CURRENT BUDGET ENDOR ITEM , NAME -12037 DAKOTA COUNTY TREAS-AUD I-FEB 06 I-FEB 06 I-FEB 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 402-500-6004-6311 402-500-6004-6311 402-500-6004-6311 DESCRIPTION CHECK' EXPERT & CONS TIF PARCELS 2005 EXPERT & CONS DISTRICT FEE EXPERT & CONS DISTRICT FEE 924238 924238 924238 DEPARTMENT 500 HOUSING & REDEVELOPMENT TOTAL: VENDOR SET 402 DOWNTOWN - TIF TOTAL: PAGE: 23 BANK: GEN AMOUNT 3,213.00 400.00 350.00 3,963.00 3,963.00 2/28f.2006 ACKET: ENOOR SET: OND 8:31 AM 00171 Regular Payments 1 404 HRA REDEVELOPMENT REGULAR DEPARTMENT PAYMENT REGISTER EPARTHENT: 500 UDGET TO USE: HOUSING & REDEVELOPMENT CB-CURRENT BUDGET E.~. NAME ITEM I ============~=====================================~============================================================s=================== 596.40 -000136 HDR ENGrNEERING INC I-M-146897 -44648 LEAGUE MN CITIES INSURA 1-7955 G/L ACCOUNT NAME DESCRIPTION 404-500-6108-6319 OTHER PROFESS QUIET ZONE FEASIBILITY STUDY 404-500-6003-6340 INSURANCE-NOR 1ST INSTALLMENT CHECKI 924253 924263 DEPARTMENT 500 HOUSING &. REDEVELOPMENT TOTAL: PAGE: 24 BANK: GEN AMOUNT 381.55 977.95 ----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 404 HRA REDEVELOPMENT TOTAL : 977.95 2/28/2006 8~31 AM !\CKET: 00171 Regular Payments ENDOR SET: 1 lJND 405 gPARTMENT: 500 JDGET TO USE: ~R NAME ================z===================================================================================:============================== AMOUNT REGULAR DEPARTMENT PAYMENT REGISTER GUARDIAN ANGELS - TIF HOUSING &: REDEVELOPMENT CB-CURRENT BUDGET ITEM . -12037 DAKOTA COUNTY TREAS-AUD I-FEB 06 I-FEB 06 G/L ACCOUNT NAME 405-500-6004-6311 405-500-6004-6311 DESCRIPTION EXPERT &: CONS TIF PARCELS 2005 EXPERT &: CONS DISTRICT FEE PAGE: 25 BANK: GEN CHECK' 924238 924238 DEPARTMENT 500 HOUSING &: REDEVELOPMENT TOTAL: 63.00 400.00 463.00 ----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 405 GUARDIAN ANGELS - TIF TOTAL: 463.00 2/28}2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 OND 406 EPARTMENT: 500 UDGET TO USE: R NAME =================================================================================================================================== AMOUNT REGULAR DEPARTMENT PAYMENT REGISTER HASTINGS-RIVERFRONT TIF HOUSING AND REDEVELOPMENT CB-CURRENT BUDGET ITEM # -12037 DAKOTA COUNTY TREAS-AUD I-FEB 06 G/L ACCOUNT NAME 406-500-6004-6311 DESCRIPTION CHECKft EXPERT & CONS DISTRICT FEE DEPARTMENT 500 VENDOR SET 406 HOUSING AND REDEVELOPMENTTOTAL: HASTINGS-RIVERFRONT TIF TOTAL: PAGE: 26 BANK: GEN 924238 894.00 894.00 894.00 2/28/2006 ACKET: ENDOR SET: 1 UNO 407 EPARTMENT: 180 UDGET TO USE: BNDOR NAME E========================================================================================================================~========= AMOUNT 8:31 AM 00171 Regular Payments REGULAR DEPARTMENT PAYMENT REGISTER INDUSTRIAL PARK CONST ECONOMIC DEVELOPMENT CB-CURRENT BUDGET ITEM f# -06713 BRADLEY & DEIKE PA I -26072 1-26074 G/L ACCOUNT NAME 407-180-1502-6304 407-180-1502-6304 LEGAL FEES LEGAL FEES DEPARTMENT 180 VENDOR SET 407 DESCRIPTION MIDWEST PROD PURCH AGREEMENT UBC RELOCATION ECONOMIC DEVELOPMENT INDUSTRIAL PARK CONST PAGE: BANK: GEN CHECK' 924225 924225 TOTAL: TOTAL: 27 25.00 25.00 50.00 50.00 2/28r2006 8:31 AM ACKET: 00171 Regular Payments ENDOR SET: 1 UNn 495 EPARTMENT: 300 UDGET TO USE: E:l.: NAME REGULAR DEPARTMENT PAYMENT REGISTER 2005 IMPROVEMENT PROJECTS PUBLIC WORKS CB- CURRENT BUDGET ITEM , G/L ACCOUNT NAME CHECK' DESCRIPTION -49362 MN DEFT OF TRANSPORTATI I-PAOOOI22001 495-300-3612-6311 EXPERT & CONS SF RD BIT TESTING PROJ: 32 -Fund 495 South Frontage Road South Frontage Road DEPARTMENT 300 PUBLIC WORKS TOTAL: VENDOR SET 495 2005 IMPROVEMENT PROJECTSTOTAL: PAGE: 28 BANK: GEN 924277 AMOUNT 302.17 302.17 302.17 2/28/2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 UND 600 WATER EPARTMENT : 300 PUBLIC WORKS UDGET TO USE: CB-CURRENT BUDGET ENDOR ITEM ft =================================================================================================================================== 84.52 NAME -000114 CANON FINANCIAL SERVICE 1-5930859 -01850 ALLINA OCC MEn 1-53232555 1-5323566 -10329 CONNELLY INDUSTRIAL ELE 1-8527 -12037 DAKOTA COUNTY TREAS-AUD 1-7239 -16343 ECOLAB PEST ELIM.DIVISI 1-5467950 -37316 JIFFY-JR PRODUCTS 1-140805 -44648 LEAGUE MN CITIES INSURA 1-7955 -51281 MSC INDUSTRIAL SUPPLY C I-C93834106 -58945 OTTO EXCAVATING, INC. 1-3030 -78378 TOWER ASPHALT, INC. 1-37266 -82219 U.S. POSTMASTER I-FEB 2006 -88085 WALMART COMMUNITY BRC 1-9562 -92700 XCEL ENERGY I-FEB 2006 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 600-300-3300-6206 600-300-3300-6219 600-300-3300-6219 600-300-3300-6353 600-300-3300-6212 DESCRIPTION DUPLICATING & COPIER LEASE MEDICAL & FIR COWDEN MEDICAL &: FIR Scm.oEGEL REPAIRS & MAl REPAIR LABOR MOTOR FUEL &: FUEL CHARGES 600-300-3300-6310 MAINTENANCE C ODOR UNITS/ CHECK POINT 600-300-3300-6217 OTHER GENERAL RUG 600-300-3300-6340 INSURANCE-WOR 1ST INSTALLMENT 600-300-3300-6217 OTHER GENERAL SAFETY GLASSES/TOWELS 600-300-3300-6357 REPAIRS & MAl SERVICE BREAK 600-300-3300-6357 REPAIRS & MAl COLD MIX 600-300-3300-6322 POSTAGE ZONE 3 BILLING 600-300-3300-6217 OTHER GENERAL SUPPLIES 600-300-3300-6343 LIGHT & POWER ELECTRICITY DEPARTMENT 300 PUBLIC WORKS VENDOR SET 600 WATER CHECK' 924226 924219 924219 924233 924237 924241 924259 924263 924281 924283 924293 924295 924297 924298 TOTAL: TOTAL: PAGE: 29 BANK: GEN AMOUNT 84.75 84.75 395.41 1,382.06 93.19 102.84 895.15 296.10 3,375.00 1,247.27 841.28 58.23 1,006.55 9,947.10 9,947.10 2/28/.2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 t1ND 601 EPAR'I'MENT: 300 UDGET TO USE: El: NAME ===============================================~============================================================~===================== AMOUNT WASTEWATER PUBLIC WORKS CB-CURRENT BUDGET ITEM . -000114 CANON FINANCIAL SERVICE 1-5930859 -34160 INFRATECH 1-600235 -44648 LEAGUE MN CITIES INSURA 1-7955 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION CHECK' 601-300-3400-6206 DUPLICATING & COPIER LEASE 601-300-3400-6357 601-300-3400-6340 924226 REPAIRS & MAl SEWER TELEVISING 924256 INSURANCE-WOR 1ST INSTALLMENT 924263 DEPARTMENT 300 PUBLIC WORKS TOTAL: VENDOR SET 601 WASTEWATER TOTAL: PAGE: 30 BANK: GEN 84.54 1,225.00 758.23 2,067.77 2,067.77 2/28/2006 8:31 AM ACKET: 00171 Regular Payments ENDOR SET: 1 UNO 610 TRANSIT EPARTMENT: 107 CIn CLERK UDGET TO USE: CB-CURRENT BUDGET ENOOR NAME ITEM " =================================================================================================================================== AMOUNT -06385 BOYER FORD TRUCKS I-53782SP I-53790SP -09215 CHOICEPOINT SERVICES IN 1-346370 -12037 DAKOTA COUNTY TREAS-AUD 1-7239 -28150 HASTINGS FORD-JEEP-EAGL 1-71299 -44648 LEAGUE MN CITIES INSURA 1-7955 1-7955 1-7955 -50360 MOTOR PARTS SERVICE CO 1-90477 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 610-107-1075-6221 610-107-1075-6221 610-107-1074-6450 610-107-1075-6212 610-107-1075-6221 610-107-1073-6340 610-107-1074-6340 610-107-1075-6340 610-107-1075-6221 DESCRIPTION EQUIPMENT PAR REPAIR EQUIPMENT PAR REPAIRS MISCELLANEOUS RUONA PRE-EMF I RANDOMS MOTOR FUEL &. FUEL CHARGES EQUIPMENT PAR SWITCH ASSEMBLY INSURANCE-WOR 1ST INSTALLMENT INSURANCE-WOR 1ST INSTALLMENT INSURANCE-WOR 1ST INSTALLMENT EQUIPMENT PAR BATTERY DEPARTMENT 107 CITY CLERK VENOOR SET 610 TRANSIT CHECK' 924224 924224 924229 924237 924252 924263 924263 924263 924280 TOTAL: TOTAL: PAGE: 31 BANK: GEN 72.21 8.58 192.00 1,783.83 10.52 38.92 797.15 58.84 155.39 3,117.44 3,117.44 2/28/2006 8:31 AM 'ACKET : 00171 Regular Payments 'ENDOR SET: 1 'tJND 615 ARENA 'EPARTMENT : 401 PARKS & RECREATION :UDGET TO USE: CB-CURRENT BUDGET .E NAME ITEM i -20108 FARMER BROS CO. 1-7807757 -20698 FERRELLGAS 1-1007446527 1-1007617754 -21395 1ST LINE BEVERAGES INC. 1-58706 -34104 IND. SCHOOL DISTRICT #2 I-ARENA BENCHES -44648 LEAGUE MN CITIES INSURA 1-7955 -49310 MIDWEST COCA-COLA BTLG 1-84218224 1-84223141 -75794 SYSCO, MINNESOTA 1-602161198 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 615-401-4103-6254 615-401-4103-6212 615-401-4103-6212 615-401-4103-6254 615-401-4103-6350 615-401-4103-6340 615-401-4103-6254 615-401-4103-6254 615-401-4103-6254 DESCRIPTION COST OF MERCH COFFEE SUPPLIES MOTOR FUEL {. 7 PILLS MOTOR FUEL {. 8 PILLS COST OP MERCH CONCESSION SUPPLIES REPAIRS & MAl MADE BY HS SHOP CLASS INSURANCE-WOR 1ST INSTALLMENT COST OP KERCH POP SUPPLIES COST OP MERCH POP SUPPLIES COST OP KERCH CONCESSION SUPPLIES DEPARTMENT 401 PARKS & RECREATION CHECKft 924243 924245 924245 924246 924255 924263 924273 924273 924289 TOTAL : PAGE: 32 BANK: GEN AMOUNT 351.12 93.44 109.24 366.79 93.90 502.01 252.00 588.00 653.44 ------.---------------------------------------------------------------------------------------------------------------------------- 3,009.94 VENDOR SET 615 ARENA TOTAL: 3,009.94 2{28{2006 8:31 AM ACKET: 00171 Regular Payments ENOOR SET: 1 UND 620 HYDRO ELECTRIC EPARTMENT : 300 PUBLIC WORKS UDGET TO USE: CB-CURRENT BUDGET ENOOR ITEM I ========================:=======================================================================================================s== AMOUNT NAME -44648 LEAGUE MN CITIES INSURA 1-7955 REGUI.J\R DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 620-300-3500-6340 DESCRIPTION CHECKI INSURANCE-WOR 1ST INSTALLMENT DEPARTMENT 300 VENDOR SET 620 PUBLIC WORKS TOTAL: HYDRO ELECTRIC TOTAL : PAGE: 33 BANK: GEN 924263 550.21 550.21 550.21 2/2812006 'ACKET : 'ENDOR SET: tJND 8:31 AM 00171 Regular Payments 1 807 ESCROW - DEV/ENG/TIF-HRA REGULAR DEPAR'1'MEN'T PAYMENT REGISTER ;EPARTMEM: N/A NON-DEPARTMENTAL UDGE'!' TO USE: CB-CURRENT BUDGE'!' 8.\ NAME ITEM i -88083 DUANE R WALLIN & WINSTO I-WALLIN 11 G/L ACCOUNT NAME 807-300-1541-2022 DESCRIPTION WALLIN 11TH A REFUND! UNUSED ESCROW DEPAR'1'MEN'T VENDOR SET 807 NON - DEPARTMENTAL CHECKft TOTAL : ESCROW - DEV/ENG/TIF-HRA TOTAL: BANK: GEN 924296 PAGE: 34 AMOUNT 14,417.12 14,417.12 14,417.12 2/28/2006 'ACKET : 8:31 AM 00171 Regular Payments REGULAR DEPARTMENT PAYMENT REGISTER 35 "ENDOR SET: 1 'UND 999 POOLED CASH FUND 'EPARTMENT: N/A NON-DEPARTMENTAL UDGET TO USE: CD-CURRENT BUDGET ENDOR ITEM # NAME -10220 CNA INSURANCE 1-32 200602080158 1-32 200602220161 -44700 L.E.L.S. 1-8 200602080158 1-8 200602220161 -46262 LOCAL UNION 49 1-3 200602080158 1-3 200602220161 -46263 LOCAL 320 1-4 200602080158 1-4 200602220161 -49425 MINNESOTA NCPERS 1-2 200602080158 1-2 200602220161 -49500 MN CHILD SUPPORT PMT cr 1-6 200602220161 -76650 TEAMSTERS 320 WELFARE 1-7 200602080158 1-7 200602220161 G/L ACCOUNT NAME 999-000-0000-2184 999-000-0000-2184 999-000-0000-2153 999-000-0000-2153 999-000-0000-2155 999-000-0000-2155 PAGE: BANK: GEN DESCRIPTION amCKI AMOUNT LONG TERM CAR LONG TERM CARE INSURANCE LONG TERM CAR LONG TERM CARE INSURANCE 924231 924231 65.00 65.00 UNION DUES-LE UNION DUES L.E.L.S. UNION DUES-LE UNION DUES L.E.L.S. 924261 924261 296.00 296.00 UNION DUES-LO UNION DUES LOCAL 49 UNION DUES-LO UNION DUES LOCAL 49 924268 924268 315.00 315.00 999-000-0000-2150 LOCAL 320 UNION DUES LOCAL 320 924267 472 .50 999-000-0000-2150 LOCAL 320 UNION DUES LOCAL 320 924267 472 .50 999-000-0000-2190 PBRA LIFE INS PBRA LIFE CONTRIBUTIONS 924275 112.00 999-000-0000-2190 PBRA LIFE INS PERA LIFE CONTRIBt1l'IONS 924275 112 .00 999-000-0000-2196 OTHER DEDUCT I OTHER DEDUCTIONS 924276 699.11 999-000-0000-2192 DENTAL INSURA DENTAL INSURANCE PREMIUMS 924290 260.00 999-000-0000-2192 DENTAL INSURA DENTAL INSURANCE PREMIUMS 924290 260.00 DEPARTMENT NON-DEPARTMENTAL TOTAL: 3,740.11 VENDOR SET 999 POOLED CASH FUND TOTAL: 3,740.11 REPORT GRAND TOTAL: 209,016.93 3/02~006 10:27 AM ACKET: 00173 Regular Payments ENOOR SET: 1 UND 101 EPARTMENT: N/A ODGET TO USE: E:l: NAME ===~==========ZS===_~~2======================a=====================================================================c==~=====_=~==== GENERAL NON-DEPARTMENTAL CB-CURRENT BUDGET ITEM # -00001 CITY OF HASTINGS I-FEB 06 -000124 MN DEPARTMENT OF TRANSP I-REPAYMENT REGULAR DEPARTMENT PAYMENT REGISTER. PAGE: 1 VI-I BANK: GRN G/L ACCOUNT NAME DESCRIPTION CHECK' AMOUNT 101-000-0000-5831 CASH-OVER/SHO REPLENISH 000000 0.15 101-000-0000-2202 DUE TO OTHER MIS-TRANSFERRED FUNDS 000000 45,082.90 DEPARTMENT NON-DEPARTMENTAL TOTAL: 45,083.05 ----------------------------------------------------------------------------------------------------------------------------------- 3/02/2006 10:27 AM 'ACKET: 00173 Regular Payments 'ENOOR SET: 1 'UNO 101 'EPARTMENT: 102 .UDGET TO USE: REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 GENERAL COUNCIL &: MAYOR CB-CURRENT BUDGET BANK: GEN ENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ==&z==:=======z==================================================================================================================== -21190 FILTERFRESH 1-105307 101-102-1021-6450 MISCELLANEOUS COFFEE SERVICE 000000 186.94 -44012 LABOR RELATIONS ASSOC. 1-2006 101-102-1021-6433 DUES,SUBSCRIP 2006 FEES 000000 2,300.00 -74510 SPRINT I-FEB 06 101-102-1021-6321 TELEPHONE TELEPHONE 000000 12.64 DEPARTMENT 102 COUNCIL &: MAYOR TOTAL: 2,499.58 ----------------------------------------------------------------------------------------------------------------------------------- 3/02/2006 10:27 AM ACKEr: 00173 Regular Payments ENDOR SET: 1 UNo 101 EPARTMENT: 105 UDGET TO USE: El\ NAME -=========:============~==============================================E============_====~===================~==================== AMOUNT -74510 SPRINT GENERAL ADMINISTRATION CB-CURRENT BUDGET ITEM I I-FEB 06 -88705 WELLS FARGO BANK/ CREDI C-4INKJETS REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-105-1051-6321 101-105-1051-6201 TELEPHONE PAGE: 3 BANK: GEN DESCRIPTION CHECKI TELEPHONE 000000 237.60 29.99- ----------------------------------------------------------------------------------------------------------------------------------- 207.61 OFFICE SUPPLI RETURN CARTRIDGES 000000 DEPARTMENT 105 ADMINISTRATION TOTAL : 3/02/2006 10:27 AM >ACKET: 00173 Regular Payments 'ENOOR SET: 1 ~ 101 IEPARTMENT: 107 IUDGET TO USE: 'ENDOR NAME GENERAL CITY CLERK CB-CURRENT BUDGET ITEM It -48684 MESKO LEE, MELANIE I-PEB 2006 -73605 SKILLPATH SEMINARS 1-8608497 -74510 SPRINT I-FEB 06 REGULAR DEPARTMENT PAYMENT REGISTER GIL ACCOUNT NAME 101-107-1071-6324 101-107-1071-6323 101-107-1071-6321 MILEAGE PAGE: 4 BANK: GEN DESCRIPTION CHECKIt MILEAGE 000000 CONFERENCE & LATHAM SEMINAR TELEPHONE DEPARTMENT 107 000000 TELEPHONE 000000 CITY CLERK TOTAL : AMOUNT 34.27 149.00 12.64 195.91 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENDOR SET: 1 UNO 101 BPARTMENT: 120 UDGET TO USE: El NAME ==2_====a====~==============================~====================a===================~=======K=======~============================= AMOUNT -74510 SPRINT GENERAL FINANCE CB-CURRENT BUDGET ITEM # I-FEB 06 -75000 STARK, OiARLENE 1-2507677 -76131 TARGET COMMERCIAL INTER 1-439115 1-440214 REGULAR DEPARTMENT PAYMENT REGISTER GIL ACCOUNT NAME 101-120-1201-6321 101-120-1201-6323 101-120-1201-6560 101-120-1201-6560 DESCRIPTION CHECK' PAGE: 5 BANK: GEN 96.55 310.00 261.49 1,610.58 ----------------------------------------------------------------------------------------------------------------------------------- 2,278.62 TELEPHONE TELEPHONE 000000 CONFERENCE & GFOA CONF 000000 FURNITIJRE & F OFFICE FURNITURE FURNITURE & F OFFICE FURNITURE 000000 000000 DEPARTMENT 120 FINANCE TOTAL : 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENOOR SET: 1 UND 101 GENERAL EPARTMENT: 140 MAINTENANCE UDGET TO USE: CB-CURRENT BUDGET ENOOR ITEM # ===================================:========================================================~=============z==================a===== 450.00 NAME -000182 SRL CONTRUCTION INC 1-06-102 -12098 DALCO 1-1720575 1-1723915 -25792 GLEWWE DOORS, INC. 1-125082 -26725 W.W. GRAINGER, INC. 1-9030189113 -26761 GRAYBAR ELECTRIC 1-915097544 1-915523292 -45313 LIFEWORKS SERVICES INC. C-10325 1-10325 -48683 MENARDS 1-790 -74510 SPRINT I-FEB 06 -86400 VOSS LIGHTING 1-15037971 REGULAR DEPARTMENT PAYMENT REGISTER GIL ACCOUNT NAME 101-140-1403-6520 101-140-1404-6211 101-140-1403-6211 101-140-1403-6520 101-140-1401-6217 101-140-1403-6520 101-140-1403-6520 101-140-1404-6310 101-140-1404-6310 101-140-1403-6520 101-140-1401-6321 101-140-1404-6350 DESCRIPTION CHECKI BUILDING & ST TAPINGI PD REMODEL 000000 CLEANING SUPP CLEANING SUPPLIES CLEANING SUPP CLEANING SUPPLIES 000000 000000 BUILDING & ST DOOR HARDWARE 000000 OTHER GENERAL SUPPLIES 000000 BUILDING &.ST SUPPLIES/ REMODEL BUILDING & ST SUPPLIES! REMODEL 000000 000000 MAINTENANCE C CLEANING SERVICES MAINTENANCE C CLEANING SERVICES 000000 000000 BUILDING & ST SUPPLIES/ REMODEL 000000 TELEPHONE TELEPHONE 000000 REPAIRS & MAl LIGHT BULBS 000000 DEPARTMENT 140 MAINTENANCE TOTAL : PAGE: 6 BANK: GEN AMOUNT 179.49 82.66 388.00 131.94 14.92 31. 95 46.14- 1,192.82 72.73 45.99 123.11 2,667.47 3/02(2006 10~27 AM ACKET: 00173 Regular Payments ENDOR SET: 1 UNO 101 GENERAL EPARTMENT: ISO PLANNING UOOET TO USE: CB-CURRENT BUDGET E:l NAME ITEM , -74510 SPRINT I-FEB 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-150-1501-6321 TELEPHONE DEPARTMENT 150 DESCRIPTION CHECK' TELEPHONE PLANNING TOTAL: PAGE: BANK: GEN 000000 7 AMOUNT 63.20 63.20 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENDOR SET: 1 UNO 101 GENERAL REGULAR DEPARTMENT PAYMENT REGISTER EPARTHENT: 160 UDGET TO USE: LT. CB-CURRENT BUDGET ENDOR NAME ITEM I -74510 SPRINT I-PEa 06 -88705 WELLS FARGO BANK/ CREDI I-GFI FAX & VOICE I-SUBSCRIPT G/L ACCOUNT NAME 101-160-1601-6321 101-160-1601-6571 101-160-1601-6433 PAGE: BANK: GEN DESCRIPTION CHECK# TELEPHONE TELEPHONE 000000 NON CAPITAL C LICENSES / MAINT DUES,SUBSCRIP SERVER SECURITY 000000 000000 DEPARTMENT 160 LT. TOTAL : 8 AMOUNT 25.28 412.50 157.00 594.78 3/02/2006 10:27 AM ~CKET: 00173 Regular Payments "ENOOR SET: 1 'UND 101 GENERAL 'EPARTMENT: 201 UDGET TO USE: POLICE CB-CURRENT BUDGET Ed NAME ITEM . ====Z=====~=========2==================================================================:==================================z==z===== AMOUNT -06770 KAREN BREWER I-FEB 06 -09311 CITY OF BURNSVILLE 1-970707 -55454 NORTHLAND BUSINESS SYST 1-68363 -63215 PUCH, CRAIG I-TUITION REIMBURSE -73131 KURT WALTER HANSEN 1-131563 -74510 SPRINT I;FEB 06 -75153 STREICHERS 1-1331337 -78764 TRI CTY LAW ENFORC. ASS 1-2006 -8~~16 UNIFORMS UNLIMITED 1-31048 -88085 WALMART COMMUNITY BRC 1-3359 1-3359 -92700 XCEL ENERGY 1-02-21 & 02-22 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-201-2010-6311 101-201-2010-6313 DESCRIPTION EXPERT & CONS NOTARY REGISTER DISPATCH CONT COMM CTR 101-201-2010-6580 EQUIPMENT 101-201-2010-6323 DIGITAL RECORDERS CONFERENCE & LAW ENFORCEMENT CLASSES 101-201-2011-6367 BOARDrNG FEES DOG KENNEL STORAGE 101-201-2010-6321 TELEPHONE TELEPHONE 101-201-2010-6217 OTHER GENERAL AMMO SUPPLY 101-201-2010-6433 DUES,SUBSCRIP MEMBERSHIP 101-201-2010-6450 MISCELLANEOUS TASER CARTRIDGES / BATTERIES 101-201-2010-6217 101-201-2219-6450 OTHER GENERAL SUPPLIES MISCELLANEOUS SUPPLIES 101-201-2016-6343 LIGHT & POWER ELECTRIC SERV 51-6960219 DEPARTMENT 201 POLICE CHECK# 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: 9 BANK: GEN 100.00 1,393.00 1,536.22 500.00 529.60 635.82 715.72 60.00 365.85 210.34 12.94 46.70 ---------------------------------------------------------------------------------------------------------------------------------- 6,106.19 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENOOR SET: 1 UNO 101 GENERAL EPARTMENT: 230 BUILDING & INSPECTIONS REGULAR DEPARTMENT PAYMENT REGISTER UDGE'I' TO USE: CB -CURRENT BlIDGET ENOOR ITEM . NAME -00001 CITY OF HASTINGS I-FEB 06 -000165 LANDS END BUSINESS OUTF 1-4617075 -02119 MICHAEL ANDERSON I-JACKETS -74510 SPRINT I-FEB 06 I-FED 06 G/L ACCOUNT NAME 101-230-2301-6323 101-230-2301-6218 101-230-2301-6218 101-230-2301-6321 101-230-2302-6321 BANK: GEll DESCRIPTION CHECK' CONFERENCE & REPLENISH 000000 CLOTHING & BA STAFF JACKETS 000000 CLOTHING & BA REIMBURSEMENT TELEPHONE TELEPHONE DEPARTMENT 230 000000 TELEPHONE TELEPHONE 000000 000000 BUILDING & INSPECTIONS TOTAL: PAGE: 10 AMOUNT 48.00 107.95 214.90 65.20 12.64 448.69 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENOOR SET: 1 UNO 101 EPARTMENT: 300 UDGET TO USE: GENERAL PUBLIC WORKS CB-CURRENT BUDGET Ei. NAME ITEM I ==~======~=========_s==================~================~========================================================================== AMOUNT -000105 MATT YOKIEL I-FEB 06 I-FEB 06 -000124 MN DEPARTMENT OF TRANSP 1-2005 -000183 MATTHEW LINDEMAN I-FEB 06 -08115 CARGILL INCCORPORATED 1-1562472 1-1563463 -18152 ENGINEERING REPRO SYSTE 1-128256 -41350 KIMBALL-MIDWEST 1-719122 -49327 MIKISKA, BRAD I-FEB 06 I-FEB 06 -5u.J28 MONTGOMERY, THOMAS I-FEB 06 I-FEB 06 -70400 ROO EQUIPMENT / POWER P I-P03402 -74510 SPRINT I-FEB 06 I-FEB 06 I-FEB 06 -76131 TARGET COMMERCIAL INTER 1-439115 -92700 XCEL ENERGY 1-02-21 & 02-22 -96108 ZARNOTH BRUSH WORKS, IN 1-105058 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 101-300-3100-6324 MILEAGE EXPENSE REIMBURSE 101-300-3100-6323 CONFERENCE & EXPENSE REIMBURSE 101-300-3100-6323 ODNFERENCE & STANDARD SPECS FOR CONST 101-300-3200-6218 101-300-3200-6216 101-300-3200-6216 101-300-3100-6217 101-300-3200-6353 101-300-3100-6324 101-300-3100-6323 101-300-3100-6324 101-300-3100-6323 101-300-3200-6353 101-300-3100-6321 101-300-3200-6321 101-300-3200-6321 101-300-3100-6560 101-300-3201-6343 101-300-3200-6221 CLOTHING & BA SAFETY BOOTS CHEMICALS & C CLEARLANE CHEMICALS & C CLEARLANE OTHER GENERAL SCAMS / CD REPAIRS & MAl PAINT MILEAGE CONFERENCE & MILEAGE CONFERENCE & EXPENSE REIMBURSE EXPENSE REIMBURSE EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT REPAIRS & MAl SUPPLIES TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE DATA CONNECTIONS FURNITURE & F OFFICE FURNITURE LIGHT & POWER ELECTRIC SERV 51-6960218 EQUIPMENT PAR BROOMS DEPARTMENT 300 PUBLIC WORKS CHECK' 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL : PAGE: 11 BANK: GEN 160.20 85.00 46.33 179.99 8,649.38 2,473.61 184.78 132.40 70.31 36.00 166.43 7.68 433.73 90.48 128.85 149.29 970.93 15,337.12 1,074.69 ---------------------------------------------------------------------------------------------------------------------------------- 30,377.20 VENDOR SET 101 GENERAL TOTAL : 90,522.30 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENDOR SET: 1 UNO 200 EPARTMENT: 401 UOOET TO USE: PARKS PARKS & RECREATION CB-OJRRENT BUDGET E:NOOR NAME ITEM # =======~========-==--==~============================:====================================================z=====_====:============== SMALL TOOLS & SAW LANYARD SET -000178 FRESCO INC 1-130603 -04048 BAHLS SERVICE 1-66113 1-66113 -11314 CUSHMAN MOTORS 1-134016 -17799 ELECTRO WATaJMAN, INC 1-44012 -51094 MTI DISTRIBUTING COMPAN 1-511327-00 -7.4510 SPRINT I-FEB 06 I-FEB 06 -76750 TERRYS ACE HARDWARE 1-11522 1-11726 1-11749 -92700 XCEL ENERGY 1-02-21 & 02-22 -94360 YOCUM OIL CO INC 1-128378 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 BANK: GEN G/L ACCOUNT NAME DESCRIPTION CHECK' AMOUNT 200-401-4101-6240 000000 29.82 200-401-4101-6212 200-401-4101-6353 MOTOR FUEL & OIL/FILTERS REPAIRS & MAl OIL/FILTERS 000000 000000 21.16 20.47 200-401-4101-6353 REPAIRS & MAl GASKET 000000 15.19 200-401-4147-6350 REPAIRS & MAl ALARM SERVICE 000000 460.08 200-401-4101-6353 REPAIRS & MAl PARTS / 5800 000000 930.12 200-401-4101-6321 TELEPHONE TELEPHONE 000000 262.87 200-401-4101-6321 TELEPHONE DATA CONNECTIONS 000000 298.58 200-401-4101-6353 REPAIRS & MAl FASTENERS 000000 2.65 200-401-4101-6356 UPKEEP OF GRO HOOKS / CHAIN 000000 64.20 200-401-4101-6356 UPKEEP OF GRO TAPE 000000 17.52 200-401-4101-6343 LIGHT & POWER ELECTRIC SERV 51-6960215 000000 1,579.53 200-401-4147-6212 MOTOR FUEL & OIL/ DRUM DEPOSIT 000000 407.04 DEPARTMENT 401 PARKS & RECREATION TOTAL: 4,109.23 ---------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 200 4,109.23 PARKS TOTAL : 3/02/'2006 10:27 AM REGULAR DEPARTMENT PAYMENT REGISTER ACKEr: 00173 Regular Payments ENDOR SET: 1 UNO 201 ACQUATIC CENTER EPARTMENT: 401 PARKS & RECREATION UDGST TO USE: CB-CURRENT BUOOET PAGE: 13 BANK: GEN e:1 NAME ITEM f G/L ACCOUNT NAME DESCRIPTION CHECK' AMOUNT :===============~=======z======================~======================================S=2=======~================================== -000179 NATIONAL PEN COMPANY LL 1-103377546 201-401-4102-6201 OFFICE SUPPLI PENS 000000 244.26 -000180 SUPERIOR PRODUCTS 1-6444583 201-401-4151-6580 EQUIPMENT ICE MACHINE 000000 3,375.75 -74510 SPRINT I-FEB 06 201-401-4102-6321 TELEPHONE TELEPHONE 000000 133.19 DEPARTMENT 401 PARKS & RECREATION TOTAL: 3,753.20 .---------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 201 ACQUATIC CENTER TOTAL: 3,753.20 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENOOR SET: 1 UND 205 EPARTMENT: 420 UDGET TO USE: ENDOR NAME =szz===========================================================~=================================================================== AMOUNT -74510 SPRINT CABLE TV CABLE CB-CURRENT BUDGET ITEM . I-FEB 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 205-420-4201-6321 DESCRIPTION CHECK' PAGE: 14 BANK: GEN 000000 12.64 ----------------------------------------------------------------------------------------------------------------------------------- 12.64 TELEPHONE TELEPHONE DEPARTMENT 420 CABLE TOTAL: VENDOR SET 205 CABLE TV TOTAL: 12.64 3/02/2006 10:27 AM REGULAR DEPARTMENT PAYMENT REGISTER 'CKET: 00173 Regular Payments ~R SET: 1 JND 210 HERITAGE PRESERVATION ~PARTMENT: 170 HERITAGE PRESERVATION JDGET TO USE: CB-CURRENT BUDGET ~ G/L ACCOUNT NAME DESCRIPTION ===~=============~=============~========================================================================================~========= AMOUNT ITEM I NAME -70356 JAMES A ROSSING 1-525463 210-170-1704-6550 ARTIFACTS/COL REPAIR PICTURE -73973 CYNTHIA SMITH I-FEB 06 I-FEB 2006 210-170-1704-6550 210-170-1704-6550 ARTIFACTS/COL EXPENSE REIMBURSEMENT ARTIFACTS/COL PHOTO REPRINTS -74510 SPRINT I-FEB 06 210-170-1704-6321 TELEPHONE TELEPHONE DEPARTMENT 170 HERITAGE PRESERVATION VENDOR SET 210 HERITAGE PRESERVATION CHECKI 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 15 BANK: GEN 50.75 15.00 145.10 12.64 223.49 223.49 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENDOR SET: 1 UND 213 EPARTMENT: 210 UDGET TO USE: FIRE &: AMBULANCE FIRE CB-CURRENT BUDGET ENDOR NAME ITEM # ===============================================================================================:=================================== AMOUNT -000181 TELE-LITE INC 1-20020792 -05340 BIRCHEN ENTERPRISES INC 1-168723 1-168742 -08605 CCP INDUSTRIES INC 1-21283387 -20130 FASTENAL COMPANY I-MNHAS4006 -48749 MEDICAL DISPOSAL SYSTEM 1-1985 -48766 METRO FIRE, INC. 1-22856 1-22878 1-22885 1-22984 1-23067 1-23228 -50360 MOTOR PARTS SERVICE CO 1-90576 -74510 SPRINT I-FEB 06 -76750 TERRYS ACE HARDWARE 1-11977 -78385 LYNN HOESCHEN 1-06-001 -88085 WALMART COMMUNITY BRC 1-3408 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 213-210-2100-6221 DESCRIPTION CHECK' EQUIPMENT PAR SMOKE FLUID 000000 PAGE: 16 BANK: GEN 135.00 33.00 33.00 180.77 31.90 71.14 153.97 2,904.02 678.49 52.97 12.00 682.02 23.12 495.96 10.64 158.05 244.12 ---------------------------------------------------------------------------------------------------------------------------------- 5,900.17 213-210-2100-6354 REPAIRS &: MAl TIRE REPAIR 213-210-2100-6354 REPAIRS &: MAl TIRE REPAIR 000000 000000 213-210-2100-6211 CLEANING SUPP TOWELS 213-210-2100-6240 213-210-2100-6311 213-210-2100-6221 213-210-2100-6580 213-210-2100-6580 213-210-2100-6221 213-210-2100-6221 213-210-2100-6580 213-210-2100-6221 213-210-2100-6321 000000 SMALL TOOLS &: POLISH PAD 000000 EXPERT &: CONS HAZ WASTE COLLECTION 000000 EQUIPMENT PAR TRUCK EQUIP EQUIPMENT TRUCK EQUIP EQUIPMENT TRUCK EQUIP EQUIPMENT PAR TRUCK EQUIP' EQUIPMENT PAR TRUCK EQUIP EQUIPMENT TRUCK EQUIP' 000000 000000 000000 000000 000000 000000 EQUIPMENT PAR CONNECTORS 000000 TELEPHONE TELEPHONE 000000 213-210-2100-6217 OTHER GENERAL DECK SCRUB 000000 213-210-2100-6218 CLOTHING &: BA BOOTS 000000 213-210-2100-6217 OTHER GENERAL STATION SUPPLIES 000000 DEPARTMENT 210 FIRE TOTAL: 3/02/2006 10:27 AM ~CKET: 00173 Regular Payments ENDOR SET: 1 tJND 213 gPARTMENT: 220 JDGET TO USE: ::1:. NAME :=======a===========~=======================================================================================================z===== FIRE & AMBULANCE AMBULANCE CB-CURRENT BUDGET ITEM # -000184 JAY ARMSTRONG I-FEB 06 -000185 AMY LOUGHNEY I-FEB 06 -42750 KREMER SPRING & ALIGNME 1-0014741 -53400 NINETY-FOUR SERVICES IN 1-105922 -62700 PRAXAIR DISTRIBUTION-44 1-735695 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 213-220-2200-6433 213-220-2200-6433 213-220-2200-6354 213-220-2200-6221 213-220-2200-6216 PAGE: 17 BANK: GEN DESCRIPTION CHECK' AMOUNT DUES, SUBSCRIP REIMBURSE/ EMT TEST 000000 20.00 DUES, SUBSCRIP REIMBURSE/ EMT TEST 000000 20.00 REPAIRS & MAl AMBULANCE SHOCKS 000000 478.56 EQUIPMENT PAR CAST SIREN DRIVER 000000 122.62 CHEMICALS & C OXYGEN 000000 105.93 DEPARTMENT ;220 AMBULANCE TOTAL: 747.n ---------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 213 6,647.28 FIRE & AMBULANCE TOTAL: 3/02/2006 10:27 AM ~CKET: 00173 Regular Payments ENOOR SET: 1 UNO 404 HRA REDEVELOPMENT REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 gPARTMENT: 500 HOUSING & REDEVELOPMENT BANK: GEll tIDGET TO USE: CD-CURRENT BUDGET E:NOOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK' AMOUNT =Z2====================================================~=========================================================================== -74510 SPRINT I-FEB 06 404-500-6003-6321 TELEPHONE TELEPHONE 000000 12.64 DEPARTMENT 500 HOUSING &: REDEVELOPMENT TOTAL: 12.64 ----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 404 HRA REDEVELOPMENT TOTAL: 12.64 3/0212006 10:27 AM REGULAR DEPARTMENT PAYMENT REGISTER ~CKET: 00173 Regular Payments ENOOR SET: 1 UND 407 INDUSTRIAL PARK CONST EPARTMENT: 180 ECONOMIC DEVELOPMENT UDGET TO USE: CB-CURRENT BUDGET ~ ITEM # NAME -94250 YAGGY COLBY ASSOCIATES 1-64205 G/L ACCOUNT NAME 407-180-1502-6590 DESCRIPTION CONTRACTORS & IND PARK #7/ ENGINEERING DEPARTMENT 180 VENDOR SET 407 ECONOMIC DEVELOPMENT INDUSTRIAL PARK CONST OIECKi TOTAL : TOTAL: PAGE: 19 BANK: GEN AMOUNT 000000 1,344.10 1,344.10 1,344.10 3/02/2006 10 :27 AM REGULAR DEPARTMENT PAYMENT REGISTER ACKET: 00173 Regular Payments ENDOR SET: 1 UNO 493 2003 IMPROVEMENT PROJECTS PAGE: 20 KPARTMENT: 300 PUBLIC HORKS BANK: GEN UDGET TO USE: CD-CURRENT BUDGET ENOOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK' AMOUNT ==========================================:================~======================================================================= -04126 BARR ENGINEERING CO. 1-2319703-55 493-300-3609-6311 PROJ: 21 -Fund 493 2003-7 spiral & 31st EXPERT & CONS molY 91 EROSION ISSUE 2003-7 spiral & 31st 000000 3,808.50 DEPARTMENT 300 PUBLIC WORKS TOTAL: 3,808.50 ----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 493 2003 IMPROVEMENT PROJECTSTOTAL: 3,808.50 3/02/2006 10 :27 AM REGULAR DEPARTMENT PAYMENT REGISTER ACKET: 00173 Regular Payments ENOOR SET: 1 UNO 496 2006 IMPROVEMENT PROJEcrS PAGE: 21 EPARTMENT: 300 UDGET TO USE: Public Works CB-CURRENT BUDGET BANK: GEN I:. NAME ITEM # GIL ACCOUNT NAME DESCRIPTION CHECK# AMOUNT =============s=========~=============================================================================~=~=========================== -04126 BARR ENGINEERING CO. 1-2319703-55 496-300-3613-6311 PROJ: 041-496 3rd Street Area EXPERT & CONS 3RD ST STORM SEWER DESIGN 2006 Construction 000000 2,845.50 -72380 SAMANTHA SCHMIDTKE-NEWC I-FED 06 496-300-3613-6450 MISCELLANEOUS EXPENSE REIMBURSEMENT 000000 33.25 DEPARTMENT 300 Public Works TOTAL : 2,878.75 ----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 496 2006 IMPROVEMENT PROJEcrSTOTAL: 2,878.75 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENDOR SET: 1 UNO 600 WATER EPARTMENT: 300 PUBLIC WORKS UDGET TO USE: CB-CURRENT BUDGET ENOOR NAME ITEM # ========================================~===================================================================================a~===== AMOUNT -40770 KEYS WELL DRILLING CO 1-2005125 PROJ: 36 -600 Well # 8 -52175 NATL WATERWORKS 1-3245207 -58945 OTTO EXCAVATING, INC. -1-3033 -74510 SPRINT I-FRS 06 I-FEB 06 -82150 URI HIGHWAY TECHNOLOGIE 1-159621 -92700 XCEL ENERGY 1-02-21 & 02-22 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 600-300-3300-6590 DESCRIPTION CONTRAcroRS & PAY EST U/ WELL 8 Water Fund 600-300-3300-6241 METERS FOR RE METERS 600-300-3300-6357 REPAIRS & MAl WATERMAIN REPAIR 600-300-3300-6321 600-300-3300-6321 600-300-3300-6357 600-300-3300-6343 TELEPHONE TELEPHONE TELEPHONE DATA CONNECTIONS CHECK' 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: 22 BANK: GEN 30,789.50 743.96 1,825.00 130.85 149.29 151.66 7,249.20 .---------------------------------------------------------------------------------------------------------------------------------- 41,039.46 REPAIRS & MAl SIGN RENTALS LIGHT & POWER ELECTRIC SERV 51-6960216 DEPARTMENT 300 PUBLIC WORKS VENDOR SET 600 WATER TOTAL: 41,039.46 3/02/~006 10:27 AM ~CKET: 00173 Regular Payments ENOOR SET: 1 UND 601 EPARTMENT: 300 tJDGET TO USE: REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 23 WASTEWATER PUBLIC NORKS CB-CURRENT BUDGET BANK: GEN E:k NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ==================-================================================================================================================ -73168 SHERWIN-WILLIAMS 1-9737 601-300-3400-6217 OTHER GENERAL PAINT/ BRUSHES 000000 34.50 -92700 XCEL ENERGY 1-02-21 " 02-22 601-300-3400-6343 LIGHT & POWER ELECTRIC SERV 51-6960217 000000 1,468.59 DEPARTMENT 300 PUBLIC WORKS TOTAL : 1,503.09 ----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 601 WASTEWATER TOTAL: 1,503.09 3/02/2006 10:27 AM ACKET: 00173 Regular Payments ENOOR SET: 1 UNO 610 EPARTMENT: 107 UDGET TO USE: 8NDOR NAME :=============~==============================z===============================================================================~===== AMOUNT -74510 SPRINT TRANSIT CITY CLERK CB-CURRENT BUDGET ITEM ft I-FRS 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 610-107-1073-6321 DESCRIPTION CHECK# PAGE: 24 BANK: GEN 000000 22.89 ----------------------------------------------------------------------------------------------------------------------------------- 22.89 TELEPHONE TELEPHONE DEPARTMENT 107 CITY CLERK TOTAL : VENDOR SET 610 TRANSIT TOTAL: 22.89 3/02/2006 10:27 AM REGULAR DEPARTMENT PAYMENT REGISTER ~CKET: 00173 Regular Payments ENOOR SET: 1 UND 615 ARENA gPARTMENT: 401 PARKS & RECREATION JDGET TO USE: CD-CURRENT BUDGET PAGE: 25 BANK: GEN ~ NAME ITEM I G/L ACCOUNT NAME DESCRIPTION CHECK' AMOUNT :==~===================~=================~========================================================================================= -13350 DIPPIN DOTS, INC. 1-580053 615-401-4103-6254 COST OF MERCH ICE CREAM 000000 283.50 -20112 FARNER BOCKEN COMPANY 1-3290285 615-401-4103-6254 COST OF MERCH CONCESSION SUPPLIES 000000 238.99 -68006 R & R SPECIALITIES, INC 1-25386 615-401-4103-6353 REPAIRS & MAL BLADE SHARPS 000000 113.00 -74510 SPRINT I-FEB 06 I-FES 06 615-401-4103-6321 615-401-4103-6321 TELEPHONE TELEPHONE TELEPHONE DATA CONNECTIONS 000000 000000 97.91 298.59 -76750 TERRYS ACE HARDWARE 1-11393 1-11612 615-401-4103-6217 615-401-4103-6217 OTHER GENERAL VAC BAGS OTHER GENERAL SUPPLIES 000000 000000 3.93 20.4 7 -92700 XCEL ENERGY 1-02-21 & 02-22 615-401-4103-6343 LIGHT & POWER ELECTRIC SERV 51-6960211 000000 11,305.14 DEPARTMENT 401 PARKS & RECREATION TOTAL : 12,361.53 ---------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 615 ARENA TOTAL: 12,361.53 3/02/2006 10:27 AM ~CKET: 00173 Regular Payments 'ENDOR SET: 1 UNO 620 EPARTMENT: 300 UDGET TO USE: ENDOR NAME ================:=====================================z==========================~===========~===================================== AMOUNT -74510 SPRINT -92700 XCEL ENERGY HYDRO ELECTRIC PUBLIC WORKS CB-CURRENT BUDGET ITEM # I-FEB 06 1-02-21 &: 02-22 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 620-300-3500-6321 620-300-3500-6343 DESCRIPTION TELEPHONE TELEPHONE CHECK' 000000 000000 TOTAL: PAGE: 26 BANK: GEN 45.99 14,241.61 ----------------------------------------------------------------------------------------------------------------------------------- 14,287.60 LIGHT &: POWER ELECTRIC SERV 51-6960212 DEPARTMENT 300 PUBLIC WORKS VENDOR SET 620 HYDRO ELECI'RIC REPORT GRAND TOTAL: TOTAL: 14,287.60 182,526.70 March 6, 2006 ~gi Mayor Werner VI-2 To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee March 1,2006 Approval of Strong BeerlWine License at Digital Links, LLC, 1355 South Frontage Road, #360C Council Action Requested: Approve the issuance of a Strong BeerlWine license at Digital Links. Backaround: Staff received an application from Digital Links, LLC for a strong beer/wine license at their proposed business, which will have virtual golf simulators. The owners have completed all applicable application materials and a background check is being conducted. Based on the information received to date, there appears to be nothing that disqualifies any of the licensees from being issued a liquor license. This approval will be contingent upon the background investigation. If you have any questions, please let me know. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 03- -06 RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF A STRONG BEER & WINE LICENSE FOR DIGITAL LINKS, LLC WHEREAS, Digital Links, LLC has presented application to the City of Hastings for a strong beer and wine license at Digital Links, a virtual golf simulator, located at 1355 South Frontage Road, #360C in Hastings, Minnesota; and WHEREAS, staff has received all necessary paperwork, and a background check has been conducted by the Hastings Police Department; and WHEREAS, there has been no information found that would disqualify any of the applicants from being issued a liquor license within the City of Hastings; and WHEREAS, all City Codes, license fees, and approval conditions must be complied with prior to the issuance of the liquor license, per the March 1, 2006 staff report. 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 approving the issuance of a liquor license to Digital Links, LLC, upon successful completion of the conditions listed in the March 1, 2006 staff report. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 6th DAY OF MARCH 2006. Ayes: Nays: Absent: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk (SEAL) VI-3 To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee March 1, 2006 Employee Survey Council Action Reauested: Approve hiring Lynn & Associates to conduct an employee survey. Backaround: Following the Council/Staff retreat in November 2005, staff has worked with Lynn & Associates to prepare a proposal to conduct an employee satisfaction survey. The general goal of this proposal is to help the City of Hastings assess the current level of employee satisfaction. Another goal is to provide feedback on the survey results to all employees and help them develop action plans to address key issues raised by the survey. Lynn & Associates will facilitate and administer all aspects of the process, from survey preparation to administration to communication of the results. If you have any questions, please let me know. Lynn & Associates January 31, 2006 Ms. Melanie Mesko Lee Assistant City Administrator City of Hastings 101 Fourth Street East Hastings, MN 55033 Dear Melanie: PROPOSAL FOR SERVICES: 2006 CITY OF HASTINGS EMPLOYEE SURVEY Introduction: The City of Hastings has recently undergone a strategy and goal setting event for the City. One issue that surfaced at this retreat was the need to check on and measure how City Employees are doing. Employee surveys are a good way to assess employee satisfaction, and we know from years of research that happy employees mean happy citizens. One goal for the city is to do everything possible to help create a working environment that is positive and promotes healthy, productive workplace practices. Lynn and Associates proposes to assist the City of Hastings in assessing employee satisfaction by designing and administering a 2006 Employee Survey. Goal and Objectives: The general goal of this proposal is to help the City of Hastings assess the current level of employee satisfaction. Another goal is to provide feedback on the survey results to all employees and help them develop action plans to address key issues raised by the survey. Specific objectives of this proposal include: · Form an Employee Survey Committee to review a sample of survey questions and create an Employee Survey that addresses the specific issues the City wants to assess. · Administer, score the 2006 Employee Survey, and prepare the Survey Reports for the Management Team. · Facilitate a City Department Head Management Survey Feedback Meeting to discuss the survey results and create appropriate recommendations based on the survey results. · Facilitate with the Department Managers a Survey Feedback Process and materials that will give employees feedback on the survey results. Specific actions will be generated from these meetings. 5435 Wedgewood Drive, Shorewood, MN 55331 phone: 952.474.2193 fax: 952.474.3738 e-mail: Iynnconst@aol.com 2 Method of Implementation: Dr. James Lynn and Ms. Lisa Lynn, MA, LP, will be involved in this project. The following steps will be taken in implementing this proposal: 1. Read, approve, sign and fax this Letter of Agreement back to Lynn & Associates. 2. Form a Committee to help select themes and survey questions for the 2006 Survey. 3. Hold a two-hour work session with the Committee to review possible survey themes and sample survey questions to make sure we are evaluating the most important areas the City wants to explore. A prioritized list of themes and questions will be the output of that meeting. 4. Lynn & Associates will prepare a draft survey (formatting and questions/ themes) for your review. 5. Once the questions are decided upon, L&A will prepare the 2006 City of Hastings Employee Survey. Both a web enabled and paper and pencil version of the survey will be created. 6. Lynn & Associates will personally assist in the administration/collection of surveys at the City on the dates requested to ensure that a high percentage of employees actually take the survey and feel comfortable about their responses being anonymous. 7. L&A will score the survey and prepare a Summary Employee Survey Report for the Management Team. 8. L&A will facilitate a Management Feedback Session with the City Administrator and Department Heads to review the survey data. The top 2-3 strengths and opportunities to improve will be identified by the management team based on the survey feedback data. At that meeting, we will also review the feedback procedure for communicating the survey results to all City employees. 9. L&A, with the Assistant City Administrator, will coordinate and facilitate the department level survey feedback meetings. This is a critical step in ensuring that the employees realize that they have been heard. Key issues to address will be noted at each of these meetings. 10. L&A will also help in the preparation of specific recommendations for each department based on the department level feedback meetings, with the cooperation and involvement of each department manager. Normally. just one or two focused issues is chosen from these meetings, and the department head then assumes responsibility for working with his/her team to address these issues during the year. Benefits of this approach: ~ A custom survey is created for the City of Hastings with questions that matter to city employees. 5435 Wedgewood Drive, Shorewood, MN 55331 phone: 952.474.2193 fax: 952.474.3738 e-mail: Iynnconst@aol.com 3 ~ A rich survey feedback process occurs that energizes the employees to do something with their data (not Lynn &Associate's data). ~ Employees will be more likely to participate in future surveys when they realize that they were heard and actions were taken as a result of this survey. Timeline and Fees: This proposal can begin immediately upon signing this Letter of Agreement. The survey will be designed, administered and scored within 90 days once a go-ahead is given to L&A. The investment for this project: designing, administering, scoring, and helping with the survey feedback process is $6,000.00. Half of this investment will be invoiced upon accepting this proposal and the remainder of the investment will be invoiced upon completion and submission of the Summary Report. All direct expenses such as materials, IT consulting and survey reports are included in this proposal. Respectfully submitted, Accepted by, Approved by the Hastings City Council: March 6, 2006 James J. Lynn, Ed.D. President Michael Werner, Mayor Melanie Mesko Lee Assistant City Administrator Jj.a 5435 Wedgewood Drive, Shorewood, MN 55331 phone: 952.474.2193 fax: 952.474.3738 e-mail: Iynnconst@aol.com 4 APPENDIX A - Statement of Work Tasks JL LL AS Consulting Consulting Administrative Support 1. Develop/research themes/questions. 2 2. Meet with Committee to create custom 3 survey for the City. 3. Develop draft Survey for the Committee to 1 2 review and approve. 4. Prepare Approved Survey for web/paper 1 1 8 and pencil/pencil format. Design Web Format. 5. Attend select meetings to facilitate the 8 administration of the surveys (select departments ). 6. Tabulate the survey data and prepare 2 2 25 Employee Survey Report 7. Facilitate Management Team Survey 3 3 Feedback Meeting. 8. Facilitate Department Survey Feedback 12 Meetings. 9. Prepare Summary Report with 2 2 2 recommendations from meetings. Total Time Invested: 8 34 37 Proposed Investment for City of Hastings Hourly Rates James Lynn (JL) Lisa Lynn (LL) Administrative 8 hours x $150.00/hour 34 hours x $100.00/hour 37 hours x $ 35.00/hour Total Investment = $ 1,200.00 = $ 3,400.00 = $ 1.400.00 = $ NC = $ NC = $ 6,000.00 3 Summary Survey Reports @ 25.00 9 Department Survey Reports @ 10.00 5435 Wedgewood Drive, Shorewood, MN 55331 phone: 952.474.2193 fax: 952.474.3738 e-mail: fynnconst@aof.com 5 VI-4 To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee March 1, 2006 Accept Resignation of Associate Planner Kris Jenson. Council Action Reauested: Accept the resignation of Associate Planner Kris Jenson. Backaround: Kris Jenson has submitted a letter of resignation, effective March 15, 2006. Staff will begin evaluation of departmental needs to fill this vacancy. If you have any questions, please let me know. VI-5 TKDA 1500 Piper Jatfray Pfala 444 Cedar Street Saint Paul, MN 55101-2140 ENGINEERS · AfDfTECTS · PlANNERS (651) 292-4400 (651) 292-0083 Fax www.tkda.com Project. No. 13537.001 Cert. No. 1 St. Paul, MN, February 21 ..20 06 To City of HastinQ:s. Minnesota Owner This Certifies that Keys Well Drilling COIDDanv . Contractor For Construction of Well No.8 Is entitled to Thirty Thousand Seven Htmdred Ei1!hty Nine Dollars and 50/] 00 _____ ($ 30.789.50 ) being 1 st estimate for partial payment on contract with you dated November 7 . 20.2L- Received payment in full of above Certificate. TKDA Keys Well Drilling Company ..20_ .;{AL,~&_~ Kurt B. Johnson~ tE. RECAPITULATION OF ACCOUNT CONTRACf PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras 192,875.00 Total Contract W oIk Colll'leted 32.410.00 Extr~ No. .. .. .. " Credit No. I It It " It Stored Materials Total AJmunt Famed This EstiImte 32,410.00 Less .2... % Retained in Escrow Account (1,620.50) Escrow Deposits by Contractor Less Previous Payments 0.00 Total Deductions (1,620.50) AMOUNTOFTmS ClRTlFICATE 30,789.50 Totals 192,875.00 30,789.50 0.00 Credit Balance 0.00 There will renuin unpaid on contract after paytrent of this Certificate 162,085.50 192,875.00 192,875.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity FEB-22-2008 08:46AM FROM-KEYS IELL DRILLING Hastings 8 Date 211712006 No Item 1 Mobilizatio 2 Silt fence 3 Drive 30" 4 Drifl 29" 5 InstaJl241l 6 Install gra 7 Grout 80ynamite 9 Bail 10 Dev equip 11 Air 12 2nd air ins 13 Install test 14 testing 15 2nd te&t 15 sand an 17 water an 18 Gamma 191V PriGe Total 25000 16500 5 1175 275 7425 170 7310 90 0 50 0 350 0 25 0 70 0 8500 0 180 0 1000 0 7500 0 125 0 1000 0 50 0 1500 0 800 0 1300 0 32410 1620.5 o $ 30,789.50 ay Request # 1 v Number 2005125 P.o. Qty 0.66 235 27 43 o o o o o o o o o o o o o o o less 5% ret less previous Total due +651 641 0216 Location Well # 8 T-400 P.0021002 f-Z94 VI-6 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene A. Stark, Finance Director Preliminary Year End Financial Report February 24, 2006 Submitted to you tonight is a preliminary year end financial report for your information. This is preliminary as the audit has not been completed and all year end entries have not been completed at this time. The final audited report will be presented to you in June and then submitted to the GFOA for the Certificate of Achievement program. No action is needed at this time. Salaries and Benefits: This line item ended up being 2% under the budget for the year in the Governmental funds and 90% in the Enterprise funds. The Enterprise funds which consist of the water, sewer, hydro and TRAC programs were in the process of reorganization and did not get all their staff hired until late in the year. Capital: A few projects have not been completed at the end of year. The office expansion at the public works garage was put on a hold until further discussions can be completed and a total city wide space needs plan is decided upon. Coping stones project at the pool will be completed early spring. A large part of the TIF spend down did take place at the end of the year however; there is still a balance of $400,000 to be spent in 2006. The fire truck was not purchased in 2005 and is planned for 2006. All of these balances in 2005 were carried over to 2006. Debt: Principal expenditures are at 133%) as we prepaid two issues this year in order to save the city future interest. As this was not budgeted for 2005 but funded from cash on hand, the line item shows to be over budgeted. This can be explained to the auditors and will be acceptable to them. Debt is also the reason the Governmental fund shows a change in fund balance of $4,214,621. Two bond issues at the end of the year were refinanced and the bond proceeds were recorded in 2005; the disbursement will take place on the call date of February 1, 2006. Thus, the city's fund balance is over inflated by the cash held for these bond calls to the tune of $5.3 million. I have included a summary of the City's investments for year end and January 31, 2006. The graphs will show that there was a large amount of money invested short-term in order to be available for the bond payment due February 1st. At the end of January the cash on hand for all funds is $28.1 million. If there is any other information you would like to see or for more detail on this summary report, please feel free to call me at 651- 480-2354. City of Hastings Preliminary Year End Financial Report as of December 31, 2005 Governmental Funds (Admin, Parks & Recreation, Public Safety, Public Works) Preliminary Amended Actuals Percentage Budget Year to Date of 2005 2005 2005 Budget Total Revenues 17,591,953 $ 21,152,163 120.2380/0 Salaries and Benefits 6,867,424 6,755,907 98.376% Charges for Services 2,670,441 2,800,434 104.868% Supplies 458,728 514,739 112.210% Capital 3,411,373 2,432,944 71.3190/0 Debt Service Principal 2,355,000 3,155,000 133.970% Interest and Fees 1,382,299 1,278,518 92.492% Total Expenditures $17,145,265 $ 16,937,542 98.788% *Change in fund balance $ 4,214,621 Enterprise Funds (Hydro, Trac, Water, Sewer) Amended Actuals Percentage Budget Year to Date of budget 2005 2005 2005 Total Revenues $ 7,663,321 $ 7,417,407 96.791% Salaries and Benefits 1,081,964 974,380 90.057% Charges for Services 1,853,353 1,582,436 85.382% Supplies 197,510 138,192 69.967% Capital 1,306,277 284,624 21.789% Debt Service Principal 2,365,000 2,365,000 100.000% Interest and Fees 373,215 333,153 89.266% Transfer Out to Construction Funds 1,273,885 Total Expenditures $ 7,177,319 $ 6,951,671 96.856% Change in fund balance $ 465,737 Memo VI-7 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 6, 2006 Subject: 1st Reading\Order Public Hearing - Ordinance Amendment #2005- 55 - Original Hastings Design Standards REQUEST The City Council is asked to consider 1 st reading and order a public hearing to approve the attached amendment to City Code Chapter 10.13 - Original Hastings Design Standards. Upon consideration by the Council, the public hearing would be scheduled for the March 20,2006 Planning Commission Meeting. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the amendment at the February 27, 2006 meeting. During the public hearing the following comments were heard: · How will the changes affect already designated historic properties? · Want to ensure maintenance of homes in the area. · How will it affect construction of garages? · Request to have HPC review of properties prior to demolition. PURPOSE Design Standards protect Historic Hastings by ensuring construction of new homes and alterations of existing ones maintain the distinctive quality of the neighborhood. The Standards regulate setback, height, width, and general architectural form based upon the characteristics of the existing neighborhood. The standards do not require adherence to a particular architectural style or period. The Design Standards are derived from the Design Guidelines of the Heart of Hastings Master Plan adopted by the City in 2003 with assistance by interested homeowners in the neighborhood. HISTORY The Ordinance has been developed in large part with the cooperation of interested residents of the neighborhood. Notice of two neighborhood meetings were mailed to all affected properties. ATTACHMENTS · Ordinance Amendment ORIGINAL HASTINGS DESIGN STANDARDS DRAFT 5 - City Council 1 st Reading March 6, 2006 (Comments in right margin reflect changes since the last draft) SECTION 10.13A. R-2 - MEDIUM DENSITY RESIDENCE. SUBD. 1. Intent. The intent of this Chapter in establishing a medium density residence district is to protect those predominatelv single family residential areas within Hastings that were developed in most part prior to World War II, encroachment from potential conflicting uses, and to provide for future residential and related development consistent with proper existing dOJ.(elopmcmt existino neiohborhood character and with minimum maintaining standards for the provision of health, light, air and visual appeal. SUBD. 2. Uses Permitted. A. Same as permitted in the R-1 Low Density Residence District. B. Two family/multiple family dwellings, including -both new construction and conversions of existing single family dwellings. C. Fire Stations and Library. D. Bed and Breakfast lodging facilities subject to the following criteria: 1. That the facility shall be part of a formally designated local, state, or national historical structure. 2. That a maximum of ten bed and breakfast units may be established in a structure. 3. That the facility shall have a minimum size of 2,500 gross square feet. 4. That all bed and breakfast units shall be established within the principle structure. 5. That one off street parking space shall be provided for the home plus one space for each bed and breakfast unit. 6. That not more than one identification sign not exceeding two square feet in area may be attached to each wall that faces a street. 7. That the lot on which a bed and breakfast facility is proposed shall have a minimum area of 7000 square feet plus 1000 square feet for each unit in excess of five units. SUBD. 3. Uses by Special Permit. A. Residential Care Facilities-dependent and semi-independent subject to the conditions listed at Section 10.12, Subd. 3B. B. Neighborhood Commercial subject to the site plan requirements of Section 10.27. and the following provisions: 1. Any business related activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood. Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council 151 Reading Page I of II March 6, 2006 2. Adherence to the minimum parking standards of Section 10.09. 3. The operation of any retail business, unless it is conducted entirely by mail, is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. 4. Operation of any business shall be in conformance to the residential character of the neighborhood. 5. Location of the property shall be considered. Properties not fronting on a major roadway or adjacent to a commercial zoning district may be unsuitable for operation of a neighborhood commercial uses. 6. Any exterior changes necessary to conduct the business shall be sufficiently screened, properly designed, or separated by distance so as to be consistent with existing adjacent residential uses and compatible with the residential nature of the neighborhood. 7. Shipment and delivery of products, merchandise, or supplies shall be limited to between 7:00 a.m. and 6:00 p.m. and shall occur only in single rear axle straight-trucks or smaller vehicles normally used to serve residential neighborhoods. 8. Any interior changes necessary to conduct the business shall comply with all building, electrical, mechanical, and fire codes governing the use in a residential occupancy. 9. Signage may consist of not more than one single faced unlighted wall sign per home with a maximum area of two square feet. 10. The conduct of the business shall not generate noise, glare, vibrations, fumes, odors, or electrical interference detectable to normal senses outside of the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television. 11. No traffic shall be generated by such business in greater volumes than would normally be expected in a residential neighborhood. The home occupation shall not increase parking requirements by more than four additional parking spaces at any given time in addition to the parking spaces required by the occupants. Any need for parking generated by the conduct of the home occupation shall be met off of the street. 12. No business shall be allowed which jeopardizes the health and safety of city residents. 13. The Fire Marshal may conduct a fire safety inspection of the space proposed to be used for the home occupation. Occupancy shall meet all applicable fire codes prior to opening for business as well as thereafter. C. Towers as regulated by Section 10.05 Subd. 12 of this chapter. Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council 1st Reading Page 2 of II March 6, 2006 SUBD. 4. Oriainal Hastinas Desian Standards A. Intent - Orioinal Hastinos Desion Standards (OHDS) preserve and enhance traditional neiohborhood desian by reflectino the aeneral characteristics of buildinos datino from 1845 to 1940. the predominate era for buildina construction within the OHDS District OHDS reoulations ensure traditional neiohborhood desion by incorooratino desion features such as allevs. carriaoe houses. front porches. period sensitive housino desion. sidewalks. and traditional street Jiahtino. Desion standards create and enhance the character of older neiohborhoods by establishino reoulations to ouide property development and rehabilitation consistent with the unioue historic character of the neiohborhood. The OHDS are derived from the Desian Guidelines for Oriainal Hastinas, adopted in 2003 by the City Council as part of the Heart of Hastinas Master Plan. B. Desianated District - OHDS shall be effective for portions of the R-2 District as indicated in Fiaure 10.13-1 and shall be further identified on the Official Zonina Map. Areas not zoned R-2 are excluded from the OHDS. FIGURE 10.13 -1 OHDS District C. Applicability - The OHDS are applicable to all new residential development within the OHDS District. Substantial Modifications to existina residential buildinos shall also adhere to the Desion Standards. Substantial Modifications are defined as buildina improvements affectina the exterior of a structure exceedino five (5) percent of its current buildina market value as defined by the Dakota County Assessor. Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City CouncillSl Reading Page 3 of II March 6, 2006 D. Exemptions - The followino activities shall be exempt from OriQinal HastinQs Desion Standards: 1. Accessory buildinos under 120 souare feet. 2. Fences. decks. porches. and patios within the rear yard or interior side yard. Comer side yards abuttina a riaht- of-way shall not be exempt from the Desian Standards. 3. Areas of a home or structure not directly part of an alteration or improvement. 4. Alterations or improvements to the interior of a structure not affectino the outward appearance. E. Relationship to Historic Preservation Districts and Standards - Oriainal Hastinas Desio" Standards are different from and complimentary to established Historic Preservation Districts and Standards. Oriainal Hastinas Desian Standards focus less on historic re-creation. but on the consistency of new and rehabilitated buildinas to the established traditional character. bulk. heiaht and form of the neiahborhood. Provisions of Section 2.18 - Heritaae Preservation Code still apply to properties within the OHDS that are within a desianated Heritaae Preservation District or individually desianated as a Historic Preservation Site. F. ~r~~~i~~ if ~.:t~~':=:II~~:C:~ :~:s~~~~o':~iC street shall be ':: r~=' New G. Immediate Neiahborhood - The immediate neiahborhood as used to determine OHDS applicability shall include all properties alona street frontaaes within 150 feet of the subiect parcel as indicated in Fiaure 10.13-2. FIGURE 10.13-2 Immediate Neighborhood l J ~ ,J ~ l"I"I~' ~' ~._-- -1 I~-, .III. 1-..1 ,-",-~- , . . - \ ~ t- _J.l-_____....._.__ Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council 151 Reading Page 4 of Jl March 6, 2006 H. Immediate NeiQhborhood Averaae - The Immediate Neiohborhood Average is defined as a range between 10 percent above and 10 percent below the mean for a oiven desion standard within the Immediate Neiohborhood. I. Frontaae Types - Application of OHDS are based upon the foJlowino frontage types: 1. Front Yard - Front vards contain a landscaped lawn between the street\sidewalk and the residence. Structure setbacks shall be consistent with the Immediate Neighborhood Averaoe. Fences may be constructed in accordance with the Chapter 10.05 Accessory Structure reQuirements. Raised porches are encouraQed. FIGURE 10.13-3 Front Yard Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Councillsl Reading Page 5 of II March 6, 2006 2. Garaae\Allev - Neiohborhood allevs provide service and aaraae access to residential uses in order to preserve the pedestrian character of the primary street frontaae. Detached or semi-detached qaraoes can front the alley in one of the two confiaurations shown in the sketch below. Lofts in 1.5 stOry aaraoes may be suitable for residential use. Garaaes are further reaulated under the Accessory Structure provisions of the Zonina Ordinance. FIGURE 10.13-4 Garaae\Allev Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council 151 Reading Page 6 of II March 6, 2006 J. Desian Standards - OriQinal HastinQs Desion Standards are outlined in FiQure 10.13-5 FIGURE 10.13-5 ORIGINAL HASTINGS DESIGN STANDARDS Yard Use Yard and Street Wall Materials Yard and Street Wall Technique Buildina Wall BuildinQ Width Entrv level Wall Openinas Entrv Level Wall Materials Entrv level Wall Technique Front Yard Pedestrian onlv. No vehicle oarkina or drives in front yard if abuttina an improved alley way landscaoina oredominant. Concrete. brick or stone paths. lawn and Trees predominant. Wall or fence shall match buildina stvle. Ground floor shall be raised above arade 24 to 48 inches if containinQ a porch. Front Yard setback varies to match Immediate Neiahborhood Averaae. Side yard setback conforms to Residential lot District Reauirements of Section 10.26 Garaae\Alley Vehicle Parkina. Pedestrian oath to rear entry. If abuttina an improved alley way Paved driveway. landscaoed buffer. Screen walls - Brick or painted wood. Wall or fence to match buildina sMe. Side loaded aaraae must have 5 foot areen space between drive and alley. Maximum setback for all aaraaes is 25 feet. Must conform to the Immediate Neiahborhood Averaae 30 to 50 oercent transoarent window and door openinas Brick or stone masonry in historic size and oattern. Cement Stucco. Wood lao, vinyl cementitious or droo sidina with maximum 5 inches exoosed. Historic window. door and oorch detailina. Main entry from roofed porch. Porch ootional with a minimum 8 foot deoth. but no less than 5 feet from sidewatk\curb . Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council J 51 Reading Size and shape of windows to match main buildina. Same materials as on main buildina. Historic Window and door detailina to match main buildina. Page 7 of II March 6, 2006 Upper Level Wall Ooeninas UDoer Level Wall Materials UDoer Level Wall Techniaue Entry Shelter 1m! Entry Shelter Materials Entry Shelter Techniaue Roof Stvle and Pitch Roof Materials Roof T echniaue Roof HeiQht Front Yard Garaae\Alley Reflect bay pattern and size of Immediate Neiahborhood Averaae. 25 to 50 percent window oDeninas Reflect entry level bay width. Brick or stone masonry in historic size and pattern. Cement Stucco. Wood lap. vinyl. cementitious or drop sidina with maximum 5" exposed Detailina to be" consistent with historic buildina stvle of the Immediate Neiahborhood Averaae. Cantilevered roof shelter over entry or covered Dorch. Relate to entry openinas. Door must face the front street Residential use of aaraae shall reauire a cantilevered roof shelter over entry. Wood or iron framed structure. Wood. metal. or composition shinale roof consistent with Immediate Neiahborhood Averaae. Detailina consistent with historic buildina stvle and Immediate NeiQhborhood AveraCle Steep pitch (8:12 minimum) aable Same as main buildina. roof. Lower Ditch Italianate hiD or Dorch roof Low sloDe membrane roof. SteeD Same as main buildina. pitch metal. wood. slate or composition shinale roof Cap parapet with intearal or Droiectina cornice. Consistent with Same as main buildina. historic buildina stvle and the Immediate Neiahborhood Averaae Roof Heiaht shall be consistent with the Immediate Neiahborhood Averaae Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council 1st Reading Page 8 of II March 6, 2006 K. Administration - The Plannino Department shall administer the Desion Standards consistent with Section 10.27. Site Plan Procedures. Any buildino improvement affectino the exterior of a structure exceedino five (5) percent of its current buildino market value as defined by the Dakota County Assessor shall be reviewed by the Plannino Commission and approved by the City Council. The Plannino Director shall have the authority to determine conformance of any proiect to the Orioinal Hastinos Desion Standards that do not require Plan nino Commission review and City Council approval. L. Appeals - Any appeal of an administrative decision shall be forwarded to the Board of ZoninQ Adiustment and Appeals as outlined in Section 2.04 of the HastinQs City Code. Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council ] 51 Reading Page 9 of 11 March 6, 2006 SECTION 10.1313. NC NEIGHBORHOOD CONSER\' A TION. sueD. 1. Intent. Tho inteAt of the NC District is to pr{)'Iide st3Ad:lrds th:lt protect tho roddontkll charactor of single family areas surr{)unding the downto.....Fl. This District is iAtomied to pr-ovide regYl3tions that promoto traditional neighborhood design. Rosidenti::ll neighborhoods surrounding tho dowAtown incofJ)orate many traditional noighborhood dosign foatures such DS alloys, c3FAage housos, front por-chos, period sOAsiti'le housing dosigA, sido'N3lks, 3Ad tmditioFlal stroot lighting. Proserving Dnd onhDnciFlg traditioflDl noighborhood design is the goal of this District. SU8D. 2. Uses Permitted. A. Same as permitted in tho R 1 LOt/) Density Residcmce District, and R 2 Medil:Jm Density Residenoe District. B. Accessory liviAg quarters in accordanco with tho City of Hastings Building Code. SUeD. 3. Uses by SpeGial Permit. A. Samo DS pormitted by Special Uso Permit in the R 2 MediHm Qensity ResideFlce District SU8D. 4. Building and Site Design. I\pprovals grantod throygh bYilding permit, site plan, special use permit, or planned residential development shall require conformance ':lith the Noighborhood Conservation District Standards of the Original HastiFlgs Design Gl:Jidolines as adoptod by the City Council. Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council 1 $I Reading Page 10 of II March 6, 2006 SECTION 10.13C OSR Open Space Redevelopment District SUaD. 1. Intent. The intent of the OSR District is to pro'lide st3ndards that 3110Vl existing single and 1:\\'0 fomily pntterAs to cORtimJO, but anticip3te 13rger scale rede).(elopment of 3re3S that m3Y be the result of public improvement projects SYCA as commYter rail, street systems, ::md stOFm '.".(3ter tre3tment 13cilities. Att3ched hOl;lsing are3S that resl;Ilt fr-om redevelopment should be designed in a mmmer to conRect open sp3ces to 3djacent greem':3y\preserve areas 310Rg lake Isabel. SU8D. 2. Yees Permitted. /\. Same ::lS permitted in the R 1 lO'I: Density Residence, ::lnd R 2 Medium Density Residence DiEtriot. SU8D. 3. Uses by Special Permit. A. Same 3S permitted by Special Use Permit in the R 2 Medil;lm Density Residence District. S. PI::mned Residenti31 Devolopment per Section 10.14, Subd. 2e, provided residentbl densities do Rot exceed tl13t of tho Comprehensi):e PI::ln l:md Use District. SUBD. ~. Building and Site Design. .^.ppr-ovuls gr3ntod through bl;lilding permit, Eite plan, spocbf blEe permit, or planned residentbl development shall reql;lire conform::lnco \':ith the Open Sp3ce Rodo'Jolopment DiEtrict St3nd3rds of the Original Hast.ings Design Guidef-ir1es 3& ::ldopted by the City COl;lncil. S9Yfse: Or-diR3Rse Ne. 497, SeseRS Serie~ .^.ae",teEf: JYty 7,2003 Ordinance Amendment - Original Hastings Design Guidelines Draft 5 - City Council 151 Reading Page 11 of II March 6, 2006 VI-8 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: March 6, 2006 Subject: 1 st Reading\Order Public Hearing: #2006-08 - Chapter 10.05, Subd. 2A - Accessory Building and Structure Requirements REQUEST The City Council is asked to consider 1 st reading and order a public hearing to adopt the following amendment to City Code Chapter 10.05, Subd. 2A - Accessory Building and Structure Requirements. The amendment would place an overall limit on the height of accessory structures. Right now the ordinance limits sidewall height, but the Building Department is still having a few issues with creative building styles that try to get around the prohibition of livable space above a garage or shed. This provision would limit the height to an average of 16 feet. Upon consideration of 1 st reading, the public hearing would be scheduled for the March 20,2006 City Council Meeting. RECOMMENDATION The Planning Commission recommended unanimous approval of the amendment at the February 27, 2006 meeting with limited discussion. No one spoke for or against the change during the public hearing. ATTACHMENTS · Ordinance Amendment. BACKGROUND Tom Bakken, Building Official, included this information as to why this change is being proposed. · To make requirements clearer to understand and clear up questions that have risen in the past. · Bring the requirements in line with Minnesota State Code as well as other communities in the Twin Cities. · Prevent problems the Building Department has had with some garage projects that have tried to test the building codes pertaining to occupancy classifications and legal heights of a story (usually a second story). · Prevent extremely tall garages from being built next to smaller houses in height (which we occasionally have neighbor complaints on). · Prevent Residential Occupancies from being built above garages resulting in two R Occupancies on one lot and parking problems potentially with lot sizes and locations. These are some reasons from the Building Department's perspective to make these structures easier to regulate and enforce building codes while reducing neighborhood complaints. This ordinance would streamline the requirements and create fewer questions to our department. DRAFT NO.2 City Council 1st Reading - March 6, 2006 SECTION 10.05. APPLICATION OF DISTRICT REGULATIONS. SUBD. 2A. Accessory Building and Structure Requirements. Accessory Buildings and Structures shall meet the following requirements: A. No accessory building shall be erected in any required front or side yard fronting a public street or right of way. B. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. C. Accessory structures, except fences meeting the requirements of Sec. 10.05 Subd. 4, shall not be placed in any easements. D. All accessory structures, except fences, shall meet the setbacks listed in Table 1. E. All accessory structures shall be setback at least six @ feet from all other structures. F. At grade accessory structures such as basketball courts, patios, dog kennels shall meet the accessory structures setbacks listed in Table 1. These accessory structures are not included in the total allowable square footage allowed, as long as the total impervious surface of the lot does not exceed 350/0 for the rear yard. The rear yard shall be measured from the rear building line to the rear lot line. G. Accessory structures shall have weather resistive exterior finishes that are durable and architecturally compatible with and similar in design, color, and material to the principle structure. H. The sidevlall height of accessory structures shall be limited to ten feet, unless architectural elements are incorporated such as exterior materi31s change or building offset to reduce the massiveness and starkness of the wath- Accessory structures shall not exceed one stOry in heiQht and shall not exceed 16 feet in heiaht as measured to the mean of the roofline, or the heiQht of the principal structure, whichever is more restrictive. The roofline mean heioht shall be measured from the mean heioht of the around arade surroundina the accessory structure. Sidewalls shall not exceed 10 feet in heiaht as measured from the mean heiaht of the floor of the structure. I. The height of any accessory structure shall not be taller than the primary structure. J. Accessory structures 120 square feet or less require a zoning permit. Structures over 120 square feet require a building permit. K. The following Table (Table 1) shall determine the number, size and setbacks of accessory structures. In addition to the accessory structures listed in Table 1, swimming pools meeting the requirements of Chapter 4 Sec. 4.15 Accessory Structures Subd. 2 Swimming pools are permitted. Table 1 Accessory Building/Structure Number, Setbacks Size, and Setback Standards Maximum Foundation Property Number of Floor Area Side Corner Rear Zoning Structures Size Side - a A R-1, R-2, R-3, R-4, R-S 1 1,000 sq. ft. 5 10 5 with attached garage - b R-1, R-2, R-3, R-4, R-5 2 Combined total 5 10 5 without attached garage 1,000 sq. ft. R-6 1 1,000 sq. ft. 5 10 5 Multi-Family Site Site Commerciall Plan Plan Office Districts Review Review Site Plan Site Plan Industrial Districts Review Review a. Garages shall be setback 20 feet from the right of way. b. Residential properties with an attached garage are also permitted an accessory storage structure t:IAGef 120 square feet in size or less. VI-9 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 6, 2006 Subject: Resolution - Vacation of Easement #2006-09 - Block 1 - Town of Hastings (Waterfront Addition) REQUEST The City Council is asked to vacate certain drainage and utility easements located on Block 1 - Town of Hastings. The vacation is needed to reconfigure easement areas for Waterfront Addition as proposed by Sherman and Associates. Easements matching proposed drainage and utility improvements would be dedicated upon filing of the Final Plat. The City Council held the public hearing at the February 21,2006 meeting. No one spoke for or against request at the public hearing. The item was tabled at that time to work through concerns of temporary easements and timing of recording with the City and Center Point Energy. Previous concerns have been satisfied. ATTACHMENTS · Resolution · Location Map HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING CERTAIN EASEMENTS ON BLOCK 1, TOWN OF HASTINGS, DAKOTA COUNTY, MINNESOTA Council member Resolution and moved its adoption: introduced the following WHEREAS, The City of Hastings has initiated consideration to vacate certain easements within Block 1, TOWN OF HASTINGS, legally described as follows: 1) Sanitary Interceptor Sewer - Block 1 of the Original Town (now city) of Hastings; The Easterly 10 feet of the South 130 feet of Lot 8 lying West of a line commencing 10 feet West of the Southeast corner of said Lot 8; thence Northwesterly to the Northwest corner of said Lot 8. (Description is transcribed as recited in Deed of Easement per Document No. 50219). 2) Vacation of Drainage and Utility Easement Reserved in Alley Vacation Per Document No. 2261369 (Abstract) and 578739 (Torrens) - That part of the Alley dedicated in Block 1, TOWN OF HASTINGS, lying east of the west 181.0 feet of said Alley. WHEREAS, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOL VEO BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate said easements as legally described above is hereby approved subject to the following conditions: 1) The vacation of easement shall not become effective until recorded with Dakota County . BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Adopted by the Hastings City Council on March 6th 2006 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko lee City Clerk I HEREBY CERTI FY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of March 2006, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St East Hastings, MN 55033 ~ .=:~=~~~~~~~~~-:-:-~:==-- --I J I f I J I -,,-. J w....~~ ,-- :,-) ALLEY -~I I I I I , __---1 -----, I~ =~~ it-G) .... :2> -mz :!:I-t ;z Ii) : I VACA.TED FIRST STREET ..... , '\ , , '- . , .\, , . e -f ~ ~ t..'l ::! m fl1 ... ~s.'\ C' j a. fa) r::. Ir-....~. , ... ..... N8I'5r5a"E 2I3.t.2(UEAS) - 2&4 (lOlIHor HAS1IfGS) \ 1 \ I \ i \ er 2HD STPJ:.ET a .-------------, -'1 !! 0 _ ;11 11:.1 u: ~I i ~ i! .r.l;! I .J! i! I~ I !~. II it; A I i'lS i=- I ~II :1 J !I ; jQ ill l. ~ I! y I P !'I .~ ! ii i iiii iI ifl ; III~ .1 ~ J~!!t :tllln I j .JI~f J ! .!i!1 z a: ~ II: p . PeltJl .. f!:. !il~i! ~i I~~ I !- .s nO lj~ a IS"" If -< d~ ~> "'D I I . t -:z March 1, 2006 TO: The Honorable Mayor and Council VI-tO FROM: John Grossman; HRA Director RE: Authorize amendment of utility easement for CenterPoint Energy In the platting process for Block 1, Town of Hastings, old easements which are no longer used and new easements required to serve the redevelopment have been identified. These have to be addressed to complete platting and clear sites for future construction. Former alley easements have been vacated by the City. The platting process will create new drainage and utility easements across what will become private property as the land is sold to developers. CenterPoint Energy, formerly Minnegasco, has a private easement from the HRA for a gas line running east-west across block one. CenterPoint proposes to release the existing easement, document 561939 on Block 1, provided the City and HRA amend the existing easement for the existing location of the gas line. RECOMMENDATION: Authorize execution of the easement amendment shown on the attached map and legal description. INCL: I. Easement map 2. Amendment to easement to be executed by City and HRA 3. 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I \1\ 1\" ''i~~~:~~~~~~tr ~ i:~; jl I ~I I o ..'lo I'~ \ I ,~, \';,;._ '. ~' I ' I I~~ \ I r;:, ~~~: \ " I ' I i w I i l~i)J,~. \r.f: 0 I tit '\ I I ol.~ I ~ 1 '.':~f~' i .1.1.., .\.~ t'P~~:\ I ./' 0 I i~ I I ,"1 I \-~.. '" ~ "i."I<.. I \~;-. \ I Q Ii I I '::r{:tl "<I, ,t ~ I I 01 J I I '}\;?~\\~\I l' r \ \ I ;'.11 I I :\._:~>-\ I \ I J t' OJ- - <.;-_-l.~.\.~:~6<~;;r~~L{] - .~.~, .-- -----Jf----... .--r-----~~---~_L 01 ~ ~:~~d N89~9'e8.E~ 283.92(MEAS) '-.J --,~,:, ~~: I \ n -'-,. .-.l-". __.,,~~_,::' .. . "-'--' '. --6 264 (TOWN OF HASTlI<1 r ",J g i 0(.-- M ...,., ., J \.'...---..7 to I ,. ..---.l"J.,.,.. ......-...--...,.j,- ..... .-..--.- ......... .--............,...' ......------... ........-.... .. ' f'"'' ,.....,~.~.... .... .. j '.' [_.._-~~.;~~ I --.--.-----. \ ,_b_~ ~...-- -1--t .,J.. --.. ,--.J.."--'l" --.1;\-<..-.... I .__.J.... --. , ... .I.C...__ 1 ......1. ..... r=-4.-~~~~.k --""i=....~~~'11.=<l~.--1._.........._w_;-.I',,~~ -1 . 1 \ M.' ~].\T~"" .. ..." .., I 'f'I ~ I '( - r V ,6.CA TE~ [j ,~" ..,.1 ,.- , ':_i I." .. , .~. , ... ....... ~-_1.. -.. Easement 1979-51 AMENDMENT TO EASEMENT THIS AMENDMENT Agreement made 2006 by and between the Housing and Redevelopment Authority In and For the City of Hastings, a public body politic and corporate under the laws of the State of Minnesota; and the City of Hastings, Minnesota, a municipal corporation under the laws of the State of Minnesota, collectively referred to as ("GRANTOR"), and CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas, formerly known as Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp., and also formerfy known as Minnegasco, a division of NorAm Energy Corp., by amendment to the Articles of Incorporation; and also formerfy known as Minnegasco, a division of Arkla, Inc., by amendment to the Articles of Incorporation; and also formerfy known as Minnegasco, Inc., by merger; and also formerfy known as Minnesota Gas Company, by merger ("GRANTEE"), 800 LaSalle Avenue, 11th Floor, Minneapolis, Minnesota 55402. A. GRANTOR and GRANTEE are parties to that certain exclusive easement agreement dated August 29, 1979, recorded June 19, 1980 as document number 110470 in the office of the Registrar of Titles, Dakota County (the "Easement Agreement"), granting GRANTEE a perpetual easement over certain portions of Block 1, of the Town (now City) of Hastings according to the recorded plat thereof, 1 Dakota County, Minnesota (the "Easement Area"). B. GRANTOR and GRANTEE wish to amend the Easement Agreement, and to amend the legal description of the Easement Area. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR and GRANTEE agree as follows: 1. Easement Area. The legal description of the easement granted, is hereby amended and described as follows: See Exhibit A As shown on the attached drawing which is incorporated by reference 2. Except as herein specifically amended, the Easement Agreement shall remain in full force and effect. IN WITNESS WHEREOF, GRANTOR and GRANTEE have signed this Amendment as of the day and year first written above. 2 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HASTINGS By Kurt Keena, Its Chair By John Grossman, Its Executive Director CITY OF HASTINGS, MINNESOTA By Michael D. Werner, Its Mayor By Melanie Mesko Lee, Its City Clerk STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of 2006, by Kurt Keena and John Grossman, the Chair and the Executive Director, respectively, of the Housing and Redevelopment Authority In and For the City of Hastings, a public body politic and corporate under the laws of the State of Minnesota. Notary Public 3 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of 2006, by Michael D. Werner and Melanie Mesko Lee, the Mayor and the City Clerk, respectively, of the City of Hastings, Minnesota, a municipal corporation under the laws of the State of Minnesota. Notary Public GRANTEE: CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) By: Steven J. Holmstoen, Division Senior Vice President of CenterPoint Energy Minnesota Gas The foregoing instrument was acknowledged before me this day of ,2006, by Steven J. Holmstoen, Division Senior Vice President of CenterPoint Energy Minnesota Gas. Notary Public ATTENTION COUNTY RECORDER Please mail this document subsequent to recording to: Steve Van Bargen Right of Way Administrator Center Point Energy P.o. Box 1165 Minneapolis, MN 55440-1165 THIS INSTRUMENT WAS DRAFTED BY: CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas 800 LaSalle Avenue, 11th Floor, Mpls., MN. 55402 4 Exhibit A LEGAL DESCRIPTION FOR AMENDMENT TO GAS MAIN EASEMENT PER DOC. NO. 110470 That certain area, as particularly described below, for Gas Main easement purposes over, under and across a portion of the following described property: That part of the North 3.00 feet of Lots Five (5), Six (6) and Seven (7), Block One (1) of the Town (now City) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for said Dakota County Minnesota, lying Westerly of the following described line: described as follows: Commencing at the Southwest comer of Block One (I) of said Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, bearing assumed, along the Soutb line of said Block One (1), a distance of219.26 feet to the point of beginning of the land to be described; thence Northwesterly, along a non-tangential curve, concave to the Southwest, having a radius of36528 feet. a central angle of20 degrees 35 minutes 16 seconds, a chord bearing of North 17 degrees to minutes 19 seconds West, a distance oft3 1.25 feet; thence North 0 degrees 01 minutes 51 seconds East a distance of 15.63 feet to the Nortb line of said Lot Seven (7), and there terminating. AND That part of the South 7.00 feet of the North 10.00 feet of Lots Five (5), Six (6) and Seven (7), Block One (1) of the Town (now City) of Hastings. according to the plat thereof now on file and of record in the office oftbe County Recorder in and for said Dakota County Minnesota, lying Westerly of the following described line: described as fullows: Commencing at the Southwest comer of Block One (1) of said Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, bearing assumed, along the South line of said Block One (I), a disIance of21926 feet to the point of beginning of the land to be described; thence Northwesterly, along a non-tangential curve, concave to the Southwest, baving a radius of365.28 teet, a central angle of20 degrees 35 minutes 16 seconds, a chord bearing of North 17 degrees 10 minutes 19 seconds West, a distance of13125 feet; thence North 0 degrees 01 minutes 51 seconds East a distance of15.63 feet to the North line of said Lot Seven (7), and there terminating. (Certificate of Tide No. 68956) AND Lot Five (5), except the North 10,00 feet thereot; Lot Six (6), except the North 10.00 feet tbereof; That part of Lot Seven (7), except the North 10.00 feet thereof: lying Westerly of the following described line: Commencing at the Southwest comer of Block One (I) of said Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, bearing assumed, along the South line of said Block One (I), a distance of21926 feet to the point of beginning of the land to be described; thence Northwesterly, along a non-tangential curve, concave to the Southwest, having a radius of365.28 feet, a central angle of20 degrees 35 minutes 16 seconds, a chord bearing ofNorth 17 degrees 10 minutes 19 seconds West, a distance of13125 feet; thence North 0 degrees 01 minutes 51 seconds East a distance of 15.63 feet to the North line of said Lot Seven (7), and there terminating; AND That part of Lot Eight (8), except the North 10.00 feet thereof: lying Westerly of the following described line: Commencing at the Southwest comer of Block One (1) of said Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, bearing assumed, along the South line of said Block One (1), a distance of2 19.26 feetto the point of beginning of the land to be described; thence Nortbwesterly, along a DOn-tangential curve, concave to the Southwest, having a radius of365.28 feet, a central angle of20 degrees 35 minutes 16 seconds, a chord bearing of North 17 degrees 10 minutes 19 seconds West, a distance of 13 1.25 feet; thence Nortb 0 degrees 0 I minutes 51 seconds East a distance of 15.63 feet to the North line of said Lot Seven (7), and there terminating; All oftbe above described property being in Block One (I) of the Town (now City) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for said Dakota County Minnesota. (Certificate of Title No. 55743) AND That part of Lots Seven (7) and Eight (8). Block One (1), of the Town (now City) of Hastings, according to the plat thereof now on file and of record in the office of the County Recorder in and for said Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of Block One (I) of said Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, bearing assumed, along the South line of said Block One (I) a distance of219 26 feet to the point of beginning of the land to be described; thence Northwesterly, along a nontangential curve. concave to the Southwest, baving a radius of365.28 feet, a central angle of20 degrees 35 minutes 16 seconds, a chord bearing ofNorth 17 degrees 10 minutes 19 seconds West, a distance of 131.25 feet; tbence North 0 degrees 0 I minutes 51 seconds East a distance of 15.63 feet to the North line of said Lot Seven (7); thence South 89 degrees 58 minutes 09 seconds East, along the North line of Lot Seven (7), a distance of 16.94 feet to the Northwest corner of Lot Eight (8); thence Southeasterly to a point on the South line of said Lot Eight (8), distant 10.00 feet West of the Southeast corner of said Lot Eight (8); thence West, along the South line of said Lot Eight (8) to the point of beginning. (Certificate of Tide No. 5574 I) Said easement area being more particularly described as follows: The south 20 feet of the north 24 feet of Lots 5, 6 and 7, Block I, Town (now City) of Hastings, according to the plat thereof now on file and of reoord in the office of the County Recorder in and for said Dakota County Minnesota. 1979-63 TOTAL RELEASE OF PIPELINE EASEMENT CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas, formerly known as Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp., and also formerly known as Minnegasco, a division of NorAm Energy Corp., by amendment to the Articles of Incorporation; and also formerly known as Minnegasco, a division of Arkla, Inc., by amendment to the Articles of Incorporation; and also formerly known as Minnegasco, Inc., by merger; and also formerly known as Minnesota Gas Company ("CenterPoint Energy"), 800 LaSalle Avenue, 11th Floor, Minneapolis, Minnesota 55402, has succeeded to and is now the owner of the natural gas distribution facilities, pipelines, pipeline easements and appurtenances ("gas facilities") thereto located in the City of Hastings, Dakota County, State of Minnesota that were formerly held by Minnesota Gas Company. Among the property and property rights owned by CenterPoint Energy is an exclusive pipeline easement recorded on June 19, 1980 as document number 561939 in the Office of the Register of Deeds of Dakota County, which was previously held in the name of Minnesota Gas Company, the original grantee of this easement which was subsequently assigned to CenterPoint Energy. The property subject to this easement is described as part of Block 1, of the Town (now City) of Hastings according to the recorded plat thereof, Dakota 1 County, Minnesota. CenterPoint Energy no longer requires its easement rights on the property described above. NOW THEREFORE: CenterPoint Energy releases and relinquishes to the present owner of the above property, its successors and assigns, and disclaims any right, title or interest arising from the easement described above. THIS RELEASE IS NOT INTENDED TO APPLY TO ANY PROPERTY INTERESTS NOT SPECIFICALLY REFERRED TO ABOVE. 2 , 2006 CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas By: Steven J. Holmstoen, Division Senior Vice President of CenterPoint Energy Minnesota Gas STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ,2006, by Steven J. Holmstoen, Division Senior Vice President of CenterPoint Energy Minnesota Gas. Notary Public ATTENTION COUNTY RECORDER Please mail this document subsequent to recording to: Steve Von Bargen Right of Way Administrator CenterPoint Energy P.O. Box 1165 Minneapolis, MN 55440-1165 THIS INSTRUMENT WAS DRAFTED BY: CenterPoint Energy Resources Corp., d.b.a. CenterPoint Energy Minnesota Gas 800 LaSalle Avenue, 11th Floor, Mpls., MN. 55402 3 VI-11 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene A. Stark, Finance Director 06 Budget Adjustments March 1 t 2006 $8,500.00 Increase the Equipment capital line item. Two hot water heaters were unexpectedly needed to be replaced and are not in the 2006 budget Funds will need to come from the general funds fund balance. Council Action Reauested Authorize the above 2006 budget adjustments. City of Hastings Parks & Recreation DepartmeDt 920 W 10th St. Hastings~ MN 55033 Ph: (651)480-6175 Fax: (651) 437-5396 www.ci.hastings.mn.us Aquatic Center 901 Maple St. Hastings, MN 55033 Ph: (651) 480-2392 Fax: (651) 437-5396 Civic Arena 2801 Redwing Blvd. .1Stings, MN 55033 .a: (651) 480-6195 Fax: (651) 437-4940 MEMO VI-12 Date: 2/28/06 To: Honorable Mayor and City Council From: Barry Bernstein, Parks and Recreation Director Subject: South Pines Park Background: The Parks and Recreation Department is requesting authorization from the City Council to begin the process of seeking bid proposals for the future amenities of South Pines Park. The newest park in our system is located on south side of Tuttle Drive west of Highway 61. The expected features to be located within this park is a play structure, 'l2 court basketball court, picnic tables, benches and a trail leading from the street to the play equipment. At the time the bids are secured, this information will be brought before council for approval. City of Hastings Parks & Recreation Department 920 W 10th St. Hastings~ MN 55033 Ph: (651)480-6175 Fax: (651) 437-5396 w\vw.ci.hastings.mn.us Aquatic Center 901 Maple St. Hastings, MN 55033 Ph: (65J) 480-2392 Fax: (651) 437-5396 Civic Arena 2801 Redwing Blvd. -.~stings~ MN 55033 : (651) 480-6195 A ax: (651)437-4940 MEMO VI-13 Date: 2/28/06 To: Honorable Mayor and City Council From: Barry Bernstein, Parks and Recreation Director Subject: Trail Maintenance and Repair Background: The City of Hastings underwent a bituminous trail study that was completed last fall. This study indicated several trail segments that are in need of repair. Enclosed you will find a document from Larson Engineering outlining the proposed projects for 2006 that have been identified the bituminous study. I am requesting that council authorize the Parks and Recreation Department to enter into an agreement with Larson and proceed with the projects as budgeted in 2006. Larson Engineering of Minnesota 3524 Labore Road White Bear Lake, UN 55110-5100 651.481.9120 Fax; 651.481.9201 www.farsonengr.com ~ Larson . (' February 15. 2006 Mr. Barry Bernstein City of Hastings Park & Recreation Department 920 West 10th Street Hastings, MN 55033 RE: Pavement Rehabilitation Construction Documents and Contract Administration for Selected Park and Recreation Pavement Projects Dear Mr. Bernstein: In accordance with our recent conversation, we are pleased to submit the following proposal to prepare construction documents (plans and specifications) and perform construction administration for selected pavement projects to be constructed in calendar year 2006. PROJECT DESCRIPTION The project assignment consists of parking lot. basketball courts, and trails rehabilitation in the Hastings Park and Recreation system. SCOPE OF SERVICES Construction Documents Plans and specifications will be prepared for parking lot and roadway, playground, tennis court. and athletic track construction or rehabilitation under the following bids: Proiect Engineers Construction Estimate Parking Lots · Old Mill Parking lot Pavement repair, crack seal and seal coat. $ 3,000 · Roadside Park Parking lot Reconstruct and raise elevation two feet. $35,000 · Vermillion Falls Linear Parking Lot Repair damaged curb and gutter, crack seal and seal coat the lot. $ 2,500 Page 2 Basketball Courts · Cannon Park level depressed areas, crack seal, color coat and stripe. $ 1,000 · Cari Park level depressed areas, crack seal, color coat and stripe. $ 1,000 · Crestview Park Level depressed areas, crack seal, color coat and stripe. $ 1,000 · Sunny Acres Park Level depressed areas, crack seal, color coat and stripe. $ 1,000 · Wilson Park Level depressed areas, crack seal, color coat and stripe. $ 2,000 Trails · #2 - Mississippi River Crack seal and apply Liquid Road. $1,000 · #4 - Mississippi River Repair distressed pavement, crack seal and apply Liquid Road. $ 3,500 · #23 - Roadside Park Repair distressed pavement, crack seal and apply liquid Road. $ 3,500 · #24 - Roadside Park Crack seal and apply liquid Road. $ 500 Estimated Total $55,000 Alternate #1 · #27 - Veteran's Trail Crack seal and apply Liquid Road. $ 9,000 · #28 - Veteran's Trail Crack seal and apply Liquid Road. $ 1,000 Estimated Total $10,000 Alternate #2 · #29 - Veteran's Trail Crack seal and apply Liquid Road. Estimated Total $ 5,500 $ 5,500 Combined Total $70;500 Plans and specifications will be prepared for each type of maintenance required, i.e., seal coats, repairs, resurfacing, color coating and striping. Each lot or facility will be specifically measured and accurately dimensioned to determine the estimated material quantities. Page 3 Simultaneously, specifications will be developed along with your assistance concerning insurance, performance bonds, construction schedule, and other items relevant to the project. Prior to construction bidding, a pre-bid meeting will be conducted to inform all bidders of the general intent of the plans and specifications and to answer any project questions. At the bid opening our personnel will assist and provide bid tabulation forms. When the low bidder has been determined, our personnel will check references and make recommendations to the Owner or Owner's representative concerning the history and reputation of the firm under consideration. Construction Administration When the project is authorized by the Owner, we will conduct and document the pre- construction conference, review submittals, verify payment requests, prepare a construction photo log, provide intermittent inspection as needed and full-time inspection during bituminous plant mix placement. We will also conduct the pre-final and final inspections, and obtain a signed and dated guarantee. At completion, the project progress book, which includes both the Construction Documents and Construction Administration records, will be presented to the Owner for future reference. ENGINEERS FEES We propose to prepare the Construction Documents and perform Construction Administration services for a fee of $7,000. REMARKS We appreciate the opportunity to have met with you to discuss the proposed projects for construction. Please review this proposal and if satisfactory, sign and return a copy as our authorization to. proceed. We appreciate your interest in our services and look forward to working with you. If you have any questions concerning this proposal, or our services, please call. Iy yours, ACCEPTED BY: BY: TITLE: DATE: March 1, 2006 TO: The Honorable Mayor & Council VII-l VIII-B-2 FROM: John Grossman, HRA Director RE: Development and Business Subsidy Agreements: Arthur G. Miller SUMMARY: The Land Credit is a form of business assistance in the form of land. It is offered under the business subsidy criteria adopted by Council on December 20, 1999, amended March 3, 2003. State Law requires that the City Council hold a public hearing and approve the terms of agreements when the value of assistance exceeds $100,000. BACKGROUND: The Economic Development Commission recommended the concept to Council on November 22, 2005. City Council gave preliminary approval on December 5, 2005. The public hearing on the business subsidy will be held on March 6, 2006. Council will consider the site and landscaping plans and the building elevations on March 6,2006. Copies of the purchase and development and the business subsidy agreements are enclosed. The basic facts are as follows. Arthur G. Miller, Jr. is the owner of Miller Electric, a Minnesota Corporation. The company has been in the electrical contracting business since 1986. The business has been located at 2620 Industrial Court since 2000. Mr. Miller received a land credit at that time. The City certified satisfaction of his obligations on August 15, 2005. Mr. Miller would receive title to the lot consisting of 105,033 sq.ft. The lot has a value of$141,794. Mr. Miller would pay $2.00 on closing and the balance of the land value, $141,792 will be deferred for five years. He will agree to remain in business in Hastings for five years. Mr. Miller will agree to construct a 19,000 sq. ft. building at a cost of approximately $640,000 on the lot by December 31, 2006. Under the business subsidy agreement, Mr. Miller's company, Miller Electric, will be responsible to provide 3 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. In five years from occupancy the assessors' market value of the building and the increase in annual payroll is expected to generate credits against the deferred land value estimated to be $87,000. If the total credits do not exceed the deferred land price, $141,795, the balance (estimated $54,795) will be due in full. If not paid it will be assessed against the land. BUSINESS SUBSIDY CRITERIA Business subsidies meet these criteria. USE OF LAND: Industrial, a use for which the land credit is authorized. THE AMOUNT OF LAND USED IS NOT EXCESSNE: The 19,000 s.f. building covers 18 % of the lot, 20/0 less than average. This amount is not excessive. JOB AND WAGE GOALS TO,BE MET IN TWO YEARS. Mr. Miller proposed to generate three new full time or full time equivalent jobs at $12 an hour. The City's criteria to qualify for land credit is $10.00 an hour. Although not a requirement, past applicants generated 2 jobs an acre, on average, so 3 jobs for 2.4 acres would be a little below average. However, the number of jobs proposed should be realistic. The City can accept any number of jobs they find appropriate for the subsidy and may consider the size of the company and the type jobs. BUSINESS RESPONSIBLE FOR CREATING JOBS: Miller Electric. If there are other tenants in the building they will not be responsible for job creation. PARENT CORPORATION: Miller Electric does not have a parent corporation. OTHER BUSINESS SUBSIDIES: None PUBLIC PURPOSES: 1. Increase the tax base by the development ofunderutilized property. 2. Create new jobs at competitive wages in the community. 3. Expansion of two local businesses: Miller Electric and Innovative Surfaces. 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. Innovative Surfaces, adjacent to Miller Electric's current location, has approached Mr. Miller to purchase his property for expansion. Mr. Miller is willing to do so if he can relocate using the land credit program. This subsidy will assist two local businesses. Mr. Miller will be moving from a 8,800 to a 19,000 s.f. building. 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$141,792. Prior to the transfer of the property the developer will provide the City with evidence of satisfactory financing for the construction and submit construction plans to the Building Department. The developer also has the opportunity to perform environmental and soil tests on the property and to review an updated title before closing. ACTION REQUESTED: Mter site plan approval, approve 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 agreement and the deed. HASTINGS CITY COUNCIL RESOLUTION NO. RESOLUTION OF THE HASTINGS CITY COUNCIL APPROVING A BUSINESS SUBSIDY IN RELATION TO INDUSTRIAL PARK PROPERTY AND ARTHUR G. MILLER, JR. Dated -2006 Council Member adoption: introduced the following Resolution and moved its WHEREAS: Arthur G. Miller, Jr. (applicant), has presented plans for a office-warehouse of 19,000 sq.ft., with parking and driveways on Industrial Park property described on the attachment (the property) owned by the City and has asked for approval of transfer of the property under the City's Land Credit Program; AND WHEREAS, the applicant states that the project would go forward only if the City deeds the property at below market value, the difference being $140,403 (the business subsidy); AND WHEREAS, Miller Electric will create three new jobs on the site within two years of occupancy with an average wage of no less than $12.00 an hour and commit to remain in business at the site for five years; AND WHEREAS, the applicant will construct the project with a Dakota County Assessor's market value of no less than $575,000. AND WHEREAS, the applicant will execute a development and business subsidy agreement with conditions providing that a prorated amount of the business subsidy will be paid to the City if the project is not completed or other subsidy conditions not met; AND WHEREAS, the project serves the public purposes of increasing the tax base, facilitating the expansion of two local businesses and creating new jobs at competitive wages; THEREFORE BE IT RESOLVED, that the project meets the criteria of the City's Business Subsidy Criteria adopted December 20, 1999, and amended March 3,2003; THEREFORE BE IT FURTHER RESOL VED that the Mayor and City Clerk are hereby authorized to execute the deed, development agreement, business subsidy agreement and amendments thereto necessary to implement the project on behalf of the applicant. Council Member made a second to the foregoing Resolution and upon being put to a vote, the following council members voted in favor of said Resolution: Ayes: Nays: Absent: WHEREUPON, the Mayor declared the Resolution to be duly passed. ATTEST: CITY OF HASTINGS By Michael D. Werner, Mayor Melanie Mesko Lee Administrative Assistant/City Clerk CERTIFICA nON I, Melanie Mesko Lee, Administrative Assistant/City Clerk, of the City of Hastings hereby certify that the foregoing Resolution is a true and correct copy of the Resolution that was duly adopted at a regular meeting of the City Council of the City of Hastings held ,2006. SEAL Melanie Mesko Lee Administrative Assistant/City Clerk February 21 ~ 2006 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and ARTHUR G. MILLER, JR. Dated: , 2006 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 III Conveyance of Prooertv Section 3.1. Status of Property Section 3.2. Agreement to Sell Section 3.3. Conditions Precedent to Conveyance Section 3.4. Title Section 3.5. Environmental Assessment Section 3.6. Closing Section 3.7. Access to Property Section 3.8. Assessments Section 3.9. Business Subsidy Agreement Section 3.10. City Costs 5 5 6 6 7 7 8 8 10 10 ARTICLE IV Construction of Imorovements Section 4.1. Construction 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 Financin2 Section 7.1. Mortgage Financing Section 7.2. Limitation on Encumbrance of Property ARTICLE VIII Prohibitions A2ainst Assi2nment and Transfer: Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement Section 8.2. Release and Indemnification Covenants Section 9.1. Events of Default Defined 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 17 17 17 ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable Section 10.2. Provisions Not Merged With Deed Section 10.3. Titles of Articles and Sections Section 10.4. Notices and Demands Section t 0.5. Disclaimer of Relationships Section 10.6. Modifications Section 10.7. Counterparts Section 10.8. Judicial Interpretation Section 10.9. Severability Section 10.10. Termination 17 18 18 18 18 18 18 18 19 19 SCHEDULE A SCHEDULE B Description of Property Business Subsidy Agreement (iii) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2006, 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 Arthur G. Miller, Jr.,(hereinafter referred to as the "Developer"), a single individuaL having his principal office at 2620 Industrial Court, 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 job growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon an office and warehouse building of approximately 19,000 square feet with a market value for real property tax purposes of at least $575,000; 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 116J.995. "City" means the City of Hastings, Minnesota "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County" means Dakota County, Minnesota "Developer" means Arthur G. Miller, Jr., a single person, his successors and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter 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 D.S.C. 1321, et seq.; the Clean Air Act 42 D.S.C. 7401, et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder" means the owner of a Mortgage. "Improvements" means the construction by the Developer of an office and warehouse building of approximately 19,000 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part, by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer agrees to payor assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement) which directly result in delays. 3 ARTICLE n Representations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and beliet: 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 beliet: no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, use<L 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 beliet: no investigatio~ 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 resident who has the legal capacity to enter into this Agreement and carry out the Developer's obligations under this Agreement. (b) The Developer will construct the Improvements in accordance with the tenns 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 regulatio~ the Developer will cooperate with the City in connection with such action. (d) The Developer bas 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 Property 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 $141,794.00. 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. (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. 5 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 financing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days 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 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 6 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. (c) costs: At closing on the conveyance of the Property the Developer will pay the following (i) State deed tax; and 7 (it) Conservation fee payable in connection with the conveyance. (iii) the purchase price; (iv) the cost of updating title information and obtaining the title insurance 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 $141,792.00 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 the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection of the lien of the Assessments as a first lien on the Property. Payment of the principal amount of the 8 Assessments shall be deferred but shall be due and payable on , 2011, 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 ,2011, 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 , 2011, 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 , 2011, 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, 2011, is $640,000 the amount of the Construction Credit available on , 2011, would be $64,000.00. 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 , 2011, 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 increase in wages paid by the Developer or Miller Electric, Inc. m. 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 or Miller Electric, Inc.'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 $115,000.00 the amount of the Jobs Credit (($115,000.00/27,000) x $5,400.00) shall be $23,000.00. Fo~ purposes of determining the Developer's or Miller Electric lne.'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 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. 9 (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 .. 2011, the Developer may prepay the amount of the Assessments that are due at such time based on docwnentation 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 financial assistance being provided to the Developer by the City under this Agreement constitutes a 44subsidy" within the meaning of Minnesota Statutes.. sections 1161.993 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 Citi'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 costs related to the conveyance of the Property described in Section 3.6(c). The City estimates that the maximum costs for which the Developer will be liable relative to the negotiation and preparation of this Agreement shall be $600.00. 10 ARTICLE IV Construction of ImDrovements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Improvements on the Property in accordance with the approved Construction Plans and Site Plan and at all times will operate and maintain, preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof: in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a) The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that it will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. The Construction Plans and Site Plans approved by the City are those reviewed and approved by the City Council on , 2006, attached hereto as Schedule C. The Construction Plans and Site Plans include the Site Plan, Landscape Plan, Architectural Elevations and Resolution No. with the conditions included therein. 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 . The Developer shall, however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security from the Developer to assure that any uncompleted work is completed. II ( 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 $575,000.00. 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 detennined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, all risk vandalism and malicious mischief: boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds 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 12 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 claiIns per casualty thereunder to the Improvements to be made payable to the Developer. (it) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of: the Improvements or any portion thereof resulting 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 resuh 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 (ie. 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 thereot: shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements, without the prior written approval of the City. All 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 financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof: to perform its obligations with respect to constructing the Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or creat~ 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 5,000 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 thereofshall 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 financing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval (including Resolution 01-14-06) pursuant to the terms, conditions and limitations of Article IV of this Agreement. (e) Failure by Developer to provide any documentation or infonnation 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 thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty (60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take anyone or more of the 16 following actions after providing thirty (30) days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days: (a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof: but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other.party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3_3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2,3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that it shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of 17 any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. Section 10.2. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, retwn receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at Miller Electric, Inc., 2620 Industrial Court, 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 Sectioa 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 cotn1 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 hereo:f. Section 10.10. Termination This Agreement shall tenninate 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 ARTHUR G. MILLER, JR. By Arthur G. Miller, Jr. 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 Arthur G. Miller, Jr. a single individual. , 2005, by Notary Public 20 SCHEDULE A Description of Property Miller Electric Legal Description of future Lot 5, Block 2, HASTINGS INDUSTRIAL PARK NO. 7 (March I, 2006) That portion of Lot I, Block 7, HASTINGS INDUSTRIAL PARK NO.2, Dakota County, Minnesota lying north of the following described line: Commencing at the southwest comer of said Lot 1, Block 7; thence North 00 degrees, 26 minutes, 45 seconds West, assumed bearing, along the western boundary of said Lot 1, Block 7 a distance of 56.01 feet to the point of beginning of the line to be descn1>ed; thence North 89 degrees, 33 minutes, 15 seconds East to the eastern property boundary of said Lot 1, Block 7; thence terminating. AND Outlot C, HASTINGS INDUSTRIAL PARK NO.2, Dakota County, Minnesota AND That portion of Lot I, Block 4, HASTINGS INDUSTRIAL PARK NO.3, Dakota County Minnesota legally described as follows: Commencing at the northwest comer said Lot 1, Block 4; theQ-ce South 00 degrees 26 minutes 45 seconds East, assumed bearing, along the western boundary of said Lot I, Block 4 a distance of 492.42 feet to the point of beginning; thence North 89 degrees 33 minutes 15 seconds East 358.50 feet; thence South 00 degrees 26 minutes 45 seconds East to the intersection of the north line of Outlot C, HASTINGS INDUSTRIAL PARK NO.2; thence South 89 degrees 33 degrees 15 seconds West, assumed bearing, a distance of358.50 feet along the northern boundary of said Outlot C to the intersection of Enterprise Avenue; thence North 00 degrees 26 minutes 45 seconds West, assumed bearing, along the western boundary of said Lot 1, Block 4 to the point of beginning. Containing 105,033 square feet SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and ARTHUR G. MILLER JR. Dated: .,2006 This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2006, 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 Arthur G. Miller, Jr. a single individual, having his principal office at Miller Electric, Inc., 2620 Industrial Court, Hastings, Minnesota 55033. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase and Development Agreement dated as of ., 2006., (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 Wldertake 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 financial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 1 16J.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 differe~t 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 of the Certification of Occupation; 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 , 2006. "Developer" means Arthur G. Miller, Jr., a single individual, or his 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 $141,792, 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 n Job and Wa2e Goals: Reouired 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 the first February 1 after closing 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 encomaging the development of property that is currently underutiliz~ 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 HI 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 demuh 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 eIiminate 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 ill 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 tbat any provision of this Agreement conflicts with the terms of the Act, the terms of the Act shall govern. 4 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk ARETHUR G. MILLER, JR. By Arthur G. Miller, Jr. 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 Arthur G. Miller, Jr., a single individual. .. 2005, by Notary Public 5 EXHmIT A Wage and Job Goals The Developer will create not less than three (3) new full time or full time equivalent jobs at an average wage of not less than $12.00 per hour. 6 SCHEDULE C CONSTRUCTION AND SITE PLANS APPROVED , 2006 Site Plan Landscape Plan, Architectural Elevations Resolution No. 7 VII-2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March 1,2006 Second Reading and Public Hearing - Irrigation & RPZ Ordinance Council is requested to adopt the enclosed irrigation and RPZ ordinance. BACKGROUND The Building Department and Public Works have been working together to develop a new ordinance address lawn irrigation systems. The irrigation and RPZ ordinance would address the following issues: 1. Institute A New Permit System For Lawn Irrigation System Installations - A permit system would allow Building and Public Works to better track installations, provide handouts on proper installations, and allow a mailing to be sent to the property owner explaining the City's odd/even sprinkling ordinance, and explaining that sprinkler heads and lines installed in the boulevard are within the right of way and the homeowners responsibility to repair or replace if damaged by street maintenance activities or street reconstruction. The Building Department will check to make sure that backflow prevention is installed as well as the rain sensor required by State law. The permit fee would be $ 7 5 for a I" meter or below, $150 for all installations with meters larger than I". 2. Institute City Requirements For Meter Installations - There have been a number of poorly installed meter and backflow prevention systems for multi-family association lawn irrigation installations. The ordinance would require all installation to meet Minnesota Health Department standards and City standards. The new City standards would require a box to be installed over the meter and backflow prevention to protect them from the elements and damage from lawn maintenance equipment. All existing installations would be required to be brought up to the new City standards. - ern' OF HASTINGS 3. Institute An RPZ Reporting Requirement - Most larger lawn irrigation systems install a sophisticated backfIow prevention device called an RPZ. The Minnesota Health Department requires all RPZs to be inspected annually by a qualified inspector and rebuilt every 5 years. The proposed new ordinance would require owners to forward a copy of the annual inspection report to the Public Works Department by June I of each year. Failure to provide an inspection report could result in the water being shut off to the irrigation system. The RPZ reporting requirement would also include commercial and industrial installations. ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 4, CONSTRUCTION REGULATIONS SEC. 4.18 OF THE HASTINGS CITY CODE HAVING TO DO WITH IRRIGA TIONSYSTEMS, AND AMENDING CHAPTER 12, UTILITIES SECTION 12.21, SUBDIVISION 12 HAVING TO DO WITH RPZ REPORTING REQUIREMENTS CHAPTER 4 CONSTRUCTION REGULATIONS SECTION 4.18 IRRIGATION SYSTEMS SUBD. 1. Permit Required. An irrigation permit issued by the Building Department is required prior to the installation of all turf and landscaping irrigation systems. The Building Department will conduct an inspection to review the proper installation of a backflow prevention device in accordance with Minnesota Health Department standards, and the installation of a rain sensor device in accordance with Minnesota State Statute 103G.298. SUBD. 2. Permit Fee. The irrigation permit fee shall be as set by resolution adopted by the City Council. SUBD.3. Installation Standards. All new and existing outdoor meter installations are required to be sheltered by a protective box that meets the standards established by the Public Works Department and adopted by the City Council. All irrigation system installations within the public right of way shall be installed as outlined in the Public Works Department irrigation installation guidelines. All property owners are solely responsible for repairing, replacing or relocating irrigation system installations as needed within the public right of way. CHAPTER 12 UTILITIES SECTION 12.21. RULES AND REGULATIONS - WATER AND SEWER. SUBD. 12. RPZ Reporting Requirements. All facilities with RPZ installations shall forward a copy of the Minnesota Department of Health required annual inspection report to the Public Works Department for review. Failure to provide the Public Works Department with a copy of the RPZ annual inspection report may result in the disconnect of the water service. Passed and approved: Michael D. Werner, Mayor A TIEST: Melanie Mesko Lee, City Clerk (Seal) VII-3 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 6, 2006 Subject: Public Hearing - Vacation of Easement #2006-12 - Waf-Mart (1752 North Frontage Road) REQUEST The City Council is asked to hold a public hearing to vacate a small portion of a drainage and utility easement located behind the existing Wal-Mart store at 1752 North Frontage Road. A portion of the approved Wal-Martexpansion is within the existing easement. The public hearing was ordered at the February 21, 2006 meeting. REVIEW The proposed vacation is part of a larger drainage and utility easement generally located between 4th Street and the rear of the Wal-Mart building. Wal-Mart will relocate an existing water line presently within the vacated area as part of their approved construction plans. The vacation does not affect any other utilities or public drainage needs. ATTACHMENTS . Resolution . location Map . Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING PORTIONS OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 1, BLOCK 1, DAKOTA SUMMIT FOR WAL-MART Council member Resolution and moved its adoption: introduced the following WHEREAS, McCombs Frank Roos Associates has initiated consideration of the following request on behalf of Wal-Mart Stores, Inc. on property generally located at 1752 North Frontage Road: Vacate the following drainage and utility easement located on Lot 1, Block 1, DAKOTA SUMMIT, Dakota County, Minnesota: Commencing at the northwest corner of said Lot 1; thence North 68 degrees 14 minutes 02 seconds East on an assumed bearing along the north line of said Lot 1 a distance of 7.21 feet; thence North 89 degrees 48 minutes 16 seconds East a distance of 493.95 feet to the point of beginning; thence North 49 degrees 44 minutes 37 seconds East a distance of 24.58 feet; thence North 82 degrees 49 minutes 04 seconds East a distance of 118.05 feet; thence North 89 degrees 48 minutes 16 seconds East a distance of 56.57 feet; thence South 77 degrees 44 minutes 02 seconds West a distance of 144.33 feet; thence South 89 degrees 48 minutes 16 seconds West a distance of 51.43 feet to the point of beginning. WHEREAS, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: .' That the request to vacate said easements as legally described above is hereby approved subject to the following conditions: 1) Relocation of any public utilities located within the easement area at the expense of the owner. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Adopted by the Hastings City Council on March 6, 2006 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of March 2006, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 ~ ~~ """'- >..- --= -::9 '" ..- """'> s c:_~ ~) T"- t. \ 1... __ \\ 1~ \-- (:) , ,,- ~- -~ 10 o I ~ .~ " ~~ ..... -1&1 ==11:::10.3- ~ jji ~ o :I CI) (,) ~ tit... ~ en :oS ~ ... .- ~:ff is ~ ~(f) ~ ~ I ...J ~ (.) \-- <( () () \-- _....1 <( (~ . . . , ---- -------,:\. .... --------- ~-- T I I I I I f JIIIS.... ~ '7-JlBUM.untn tift ____ L..:. _______ \ .' '--- , . J41I;i '..I -l0l .:I\:) b..~. \J1,..; ~!!! ~~ -.". .~ ,... 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"_'~', ":. i ~-I;;) 0 LAND USE APPUCATION - CITY OPHASTlNGS PLANNING DBPT loi 4* St B, Hastings, MN 55033 - Phone: 651.4BO.23S0 - Pax: 651.437.7lm i ~ 'Z ~of~~~. ]75'- North rrnntAqA Rn~~. R~~tinqR. MR ~~O~~ Lega1DescriptionofPcoperty: (.see attached) - Exhibit A Applit"~ntName: McCombs Frank Roes AssocPropa.LyQwner:" WA1-Mart: Sf-nr~A. Tnc. AddnsE 14800 28th Ave N '140 ~702 ~OqthVA~t ~th At ~ Phone: 1763) 476-6010 Fax: (763) 476-8532 EoiaiI: bbn~s~ 1 mantam~ra rnm ~ (47q) '7~-Aono Fac (479) 273-8380 BmaII: Desu.~n of Request: vaca~ion of por~inn nf nr~;n~a~ ~nn utility easement (see attached)-Exhibit B & C j:' If requesting site plan review of multi-family units (three or more attached), 8Ie the units intended to be for sale or rental units? <l1eck Applicable Line(s) . - Remne. $500 - Final Plat $600 - Variance $2.50 -x-Vacatlon $4DO - House Move $500 - Prelim Plat $500 + escrow - Site Plan $500 + escrow Please Notel AU Fees and Escrows are due at time of application.. - Minor Subdivision $SOO - Spedal Use Permit $500 - QmpPJanAmend. $500 - LotSpBt/Lot Line.Adj. $50 - Annexation $500 plus legal expenses - ~W $5OOplus$l,OOOescrow Please see reveme side for esaow amounts requiu:d. I" i- !: Total Amount Due: $ 400.00 Make Otedcs payable to aty of Hastings. Please ensure that all copies of tequked dOCUll1enls are. attached. See reverse side of this application f'o( information. ~r ..,wl& ~~;"' . .!JLI.~ Ai. Signabue Date ~ ~ ~'-J' - ~~. Bradv Busselman. P.E. ~~I't~~. \}lce:p.""e~e.~ Applicant Name and Tide - Please Prlnt Owner Name _ PJease Print ErSSBONI.Y d ..... Rid -[;}... Jl.eLIcllIy: , )tt.llt1O'11t ' Dalellec'cf: ~~ Fee PafcI: JO ReoeIpt. ()(;IQ Ii<.) q Aft>. CampIde _f. r.I; ;' Memo VIII-A-l To: Mayor and City Council From: Tom Montgomery Subject: 2nd Reading and Ordinance Amendment - Irrigation and RPZ Ordinance REQUEST Please see the Public Hearing Staff Report for further information. ( CITY OF HASTINGS Dakota County, Minnesota VIII-A-2 Resolution No. RESOLUTION ADOPTING THE 2006 IRRIGATION PERMIT FEE SCHEDULE WHEREAS, the City of Hastings has established an irrigation system installation permit, and WHEREAS, the City of Hastings has determined that it is necessary to establish a fee schedule for the irrigation permit to cover inspection costs. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; An irrigation permit fee of $75 for irrigation systems utilizing a 1 inch water meter or smaller, and an irrigation permit fee of$150 for irrigation systems utilizing a water meter larger than 1 inch is hereby adopted and in effect. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TIDS 6th DAY OF MARCH, 2006. Ayes: Nays: Michael D. Werner, Mayor ArrEST: Melanie Mesko Lee. City Clerk (Seal) VIII-B-1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: March 6, 2006 Subject: Resolution - Miller Electric - Site Plan Review #2006-11 - Construction of an industrial and warehouse facility - Lot 5, Block 2, Hastings Industrial Park NO.7. REQUEST Miller Electric seeks Site Plan Approval to construct a 19,008+/- sJ. (264' x 72') industrial and warehouse building on the east side of Enterprise Avenue, just north of the recently approved Midwest Products building in the Hastings Industrial Park. Planning Commission Recommendation The Planning Commission reviewed this item at the February 2th meeting, and approved the site plan by a vote of 7-0. Staff Recommendation Staff recommends approval of the attached resolution. ATTACHMENTS · Location Map · Plan Set · Application BACKGROUND INFORMATION Comprehensive Plan Classification The property is guided I - Industrial in the Hastings Comprehensive Plan. Zoning Classification The site is zoned 1-1 - Industrial Park. The proposed use of the building is consistent with the zoning classification Adjacent Zoning and land Use The following land uses abuts the site: Direction North ExistinQ Use Stormwater Basin Vacant Industrial Vacant Industrial Midwest Products Enterprise Avenue DSM Excavating ZoninQ 1-1 - Industrial Park 1-1 - Industrial Park 1-1 - Industrial Park 1-1 - Industrial Park Comp Plan I - Industrial I - Industrial I - Industrial I - Industrial East South West 1-1 - Industrial Park I - Industrial Existing Condition The site is undeveloped, is flat and has been leased as farmland in recent years. Proposal The applicant proposes to construct a 19,008 s.f. (264' x 72') building containing warehouse and industrial space. The southwest corner of the building will have 1,380 square feet of office space and approximately 7500 square feet of warehouse area. The remaining space will be divided into three rental areas. Mr. Miller also intends to eventually build a building of similar size/style on the south side of the property, but that building would need to come back before the Commission and Council for site plan approval. SITE PLAN REVIEW Building Setbacks Building setbacks are determined through site plan review in the Industrial Park District. Building setbacks are acceptable, and are as follows: Setback Proposal Front Yard Setback - Enterprise Ave 50' North Side Yard Setback - Pond 20' South Side Yard Setback - Midwest Products 201' Rear Yard Setback - Vacant 44' Access and Circulation Access will be provided via one entrance from Enterprise Avenue. Access and circulation is acceptable. Parking The site does meet minimum parking requirements; however, with future construction of a 2nd building the site could be short on spaces. Parking is provided as follows: Site 1,380 s.f. office area (1 :300 s.f.) 17,628 s.f. warehouse area 1:1000 s.f. Parking is acceptable, but the applicant should keep the following in mind: 1) Development of a similar sized buifding to south would require an additional 23 spaces. While 29 spaces are shown along the front of the future building, this layout does not take into account handicapped accessible spaces and loading areas. The north building design has 17 spaces along the building. While the applicant has submitted a letter stating that the future building "may have more than 85% warehouse space" there is still a real possibility that the site will be short on parking. If any of the lease spaces in the proposed building were to add office space, that could increase the overall need for parking. Pedestrian Access No new sidewalks or trails are proposed on the perimeter of the property. There will be a 5' concrete walk along the south side of the building between it and the parking lot Architectural Elevations The primary building fa9ade material on the west elevation (facing Enterprise Ave) will be grey brick on the lower portion with Ash Grey metal siding above. The roof above the office area will be Zinc Grey. This building will be very similar to Mr. Miller's existing building at 2620 Industrial Court. A photo of that building is included in this packet. The primary difference is that the lower portion around the building will be concrete block rather than just a darker metal siding. The front elevation meets out architectural standards guidelines with 380/0 of the front fa9ade in Class 1 materials. The sides and rear make use of gray concrete block and metal siding, both of which are includes on the material classes list. TABLE 10.28-1 Classes of Materials Class 1 Class 2 Class 3 · Brick · EI FS or Drivit · Industrial grade concrete · Natural Stone · Masonry Stucco precast panels · Glass (including block, · Specialty Integral Colored · Smooth concrete windows, or opaque Concrete Block (including · Scored concrete mirrored panels) textured, burnished block, · Ceramic · Seamless metal panels rock face block) · Wood (including copper) · Architecturally textured · Aluminum or Vinyl Siding · Other materials not listed concrete precast panels · Other materials not listed elsewhere as approved · Tile (masonry, stone or elsewhere as approved by the Administrative clay) by the Administrative Official · Other materials not listed Official elsewhere as approved by the Administrative Official Waste Disposal Mr. Miller has stated that all waste and garbage will be stored within the building. Should the waste and garbage receptacles be moved outdoors for storage, a screened area will have to be constructed to coordinate with the primary building. Landscape Plan The landscape plan submitted for the project incorporates shade trees and shrubs along Enterprise Ave and coniferous trees on the north side adjacent to the ponding basin. The landscape plan does not meet the current landscape ordinance, and is a good example of why the ordinance needs to be amended. The landscape plan has been reviewed by the City Forester. Per our current ordinance, this site would require 42 trees and 105 shrubs, which is not feasible with the site. Calculation Re uirement Trees 1 er 2,500 s.f. 42 trees Shrubs 1 per 1,000 s.f. 105 shrubs Pro osed Plan 11 Trees 12 Shrubs Staff requests the following modifications to the landscape plan: 1) Per the City Forester's recommendation, that the Green Ash trees proposed along Enterprise Avenue be replaced with a White Ash, Norway Maple, or a Greenspire Linden. 2) Additional shrub and foundation plantings shall be added at the foundation of the building facing Enterprise Ave. 3) An additional 2-3 trees (overstory or coniferous) planted west of the building and north of the parking area. The City Forester has suggested that this would be a good location for the Green Ash trees. Fencing No fences, walls or other screening is contemplated. Lighting Plan A photometric plan has not been submitted. It is Staffs understanding that any lighting on the site will be affixed to the building, with the exception of a light pole at the entrance to the site. This will be reviewed as a part of the utility plans. Grading, Drainage, Erosion Control, and Utility Plans The Grading, Drainage, Erosion Control, and Utility Plans have been reviewed by the City's consultant engineer. It appears that there may need to be an additional culvert added under the driveway entrance to allow for emergency overflow events. Grading, Drainage, and Erosion Control plan and Utility plan approval must be obtained by the Public Works Director as a condition of approval. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL TO CONSTRUCT A +/-19,008 S.F. WAREHOUSE\OFFICE BUILDING FOR MILLER ELECTRIC AT THE 2911 ENTERPRISE AVENUE, HASTINGS, MINNESOTA Council member introduced the following Resolution and moved its adoption: WHEREAS, Bud Miller has petitioned for Site Plan Approval to construct a +/- 19,008 s.f. warehouse\office building located at 2911 Enterprise Avenue, legally described as lot 5, Block 2 HASTINGS INDUTRIAL PARK NO.7, Dakota County, Minnesota; and WHEREAS, on February 27, 2006, 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) Adherence to the Site Plan and Architectural Elevations as presented to the City Council. 2) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 4) That the landscape plan is approved by the City Forester with the following modifications: A) That the overstory trees along Enterprise Ave be replaced with White Ash, Norway Maple, or Greenspire Linden. S) That there be additional shrub plantings shall be added along the foundation of the structure along Enterprise Avenue. C) That 2-3 additional overstory or coniferous trees be added to the east of the proposed building and north of the parking area. The City Forester suggests Green Ash for this location. 5) 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. 6) All rooftop equipment shall be screened by a parapet wall from areas facing a public right-of-way, and painted to match the building elsewhere. 7) All parking and drive aisle areas shall be constructed to city standards including concrete curb and bituminous surfacing. 8) lighting must not exceed 0.5 foot candles at the property line. 9) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 10)Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 11 )Any signage on the site is required to obtain a sign permit from the Planning Department prior to being erected on site. 12)Outdoor storage of materials or waste receptacles shall be prohibited unless screened to the satisfaction of the Planning Director. 13)Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Council member put to a vote adopted by moved a second to this resolution and upon being present. Ayes: _ Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of March, 2006, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th St. East Hastings, MN 55033 Site Plan Miller Electric Enterprise Ave Legend Zoning Ol"''''" NATUM&.. RES~CE.S ~ A AQAICUL TIJII'I .... 'oW FLOOOW"V .. WAf WAT\!R IlIS101NT1AI. ~ ,.., LOW DENSITY RiatOEHCE .. R.a MEDIUM [)@NalT'f RISIOINCI ~ JIt.3 WEOIUMoHfOH DENSITY RE~oeNCE ~ 1t.3 PAD MEDIUM HIGH DENSITY ftESIOINCI PRD .. A.4 NEDfUM HIGH aN'IN Jll:UIOENCI .. RoO PRO ..DtUM _ _sm Ol1!SIOINCE .... R.' _ _"TV _Hel .... JIt.. 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NOTIFY 'IIC DlOMU Of 1Hf DtSCRtI'ANCIDl, lMSSlONS, ...,.0/011 CONnJCTS PIIlOII TO PROCEEDING WITH THE WOIIK. 8.) ~~=~~:=t=1DNS DYEII SIolAU. SCALf DlIAWIHGS. NOTES...,.O OETIlLS ON THE DRAWtNOS SHALL. 1H\.V TO ALL SlMIWt CONOlTIOHS WHtlllER THEY NIt. REl'CATED OR NOT. SITE SUMMARY TOTAL BUILDING A'ItF.A PHASE 11 TOTAl, BUILDING ARtA PHASE 2: TOTAl. BUILDING AREA: 11IPERVIOUS SURFACE AREA: CREENSPACE AREA: TOTAL SITE AREA: TOTAL sm: ACREACE: I t.oes S.F. It.008 S,F. 38016 SF 87,1120 S,f'. 37,113 S.F. 100,033 S.f'. 2.4' ACRES PNtJONO ,..&~ III ....TIOHS: omcE - , !'Eft ;,00 .." Of , ^ (,") ~ On1.o~+'~oS.fia: ~~~. ".30 PNIl<INO lITAU.lJ pll<MCEl) . !S2 BUILDING COVERAGEl 31ll!: GREENSPACE: 3l'>lI: . -~"'" N 8(ARJNC svm:w 1$ ASSUMED. DENOTES 1/2 INCH X 14 INCH IIlDH PIPE SET ...,.0 lIARt<EO ilLS 1214. 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M I MondoV1, .AI ,.a s. a. . . 507-263.5066 I 507.665.6426 I 715-926-5737 ! 651..565-4528 - #;ox -/~ 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: E;;iF/LpJt./s-e AtlG- Legal Description of Property: ~T 5" 8 LOG fl\ z.. ~~- JlI/~/ItI~~ :t#tJU~~LJJ4'- PAIC.K Nn, 7 Applicant Name: BUll III I L.Lee.. Address: 7,h'2,O -:DJbUS"-~JA'- er IIAST/}f/&~. 1'1~.. 5'5"~33 Phone: h $~ - 1/37- 9'535 Fax: h'5/-437- QS6l" Email: PropertyOwner: ti~~ (If I1I1~JN&-S' . Address: I/)I ; If. ,.. . 15t~-r . - JlAsrINh~. MAJ.. 660:13 Phone: b?/;' J.;g,,- 2-:3 50 Fax: "'17/- 1./37- 7D g2,- Email: Description of Request ~Cfl/'a.G 1-0, 5 8/l>c..J< L.. 1I.4S7?4/~t; ~./if/5-r~/19t-- 81/Ut!.. A.Il> 7 .ftJ1L n-fliu - W"/lA;H~U~e 8Vl/d JVI- ~ H requesting site plan review of multi-family units (three or more attached), are the units intended to be for sale or rental units? kh . 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 t::iIDe 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 -::J= Please see reverse side for escrow amounts required. ~I Total Amount Due: $ JlZ,5DI Make Checks payable to Gty of Hastings. '", Please ensure that all copies of required documents are attached. See reverse side of this .- applica~f~ -fJ?ition. , rxv~~... Z- 1.-- 0(;, .:<-~ Applicant Signature Date . , Date Applicant Name and Title - Please Print Owner Name - Please Print OFFICIAL USE ONLY f - J.. J File # Ja%~ Rec'd By: ",if; II Z/l'lt.t/) Date Reed: .,;> ~l06 FeePaid:~ Receipt#~ l2D~) App.Complete o:y28j05 VIII-B-3 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 6, 2006 Subject: Resolution: Vacation of Easement #2006-12 - Wal-Mart (1752 North Frontage Road) REQUEST Please see the Public Hearing Staff Report for further information. VIII-B-4 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 6, 2006 Subject: Preliminary Plat #2006-13 - FEATHERSTONE OAKS (Version II) - Summit Point Drive. REQUEST Jeff Thompson seeks the following approvals on 2.81 acres owned by Harold & Jean Featherstone located south of Featherstone Rd and north of the current terminus of Summit Point Drive. The property is legally described as Lot 19, Block 2, SUMMIT POINT. 1) Variance to exceed the 500 foot maximum cul-de-sac length requirement of Chapter 11.05, Subd. 1 B of the Hastings City Code. A +/- 725' cul-de-sac is proposed. 2) Preliminary Plat approval to subdivide 12 detached townhome lots and one common lot. Staff will draft resolutions for the variance and preliminary plat per direction of the City Council. RECOMMENDATION The Planning Commission did not support the revised plan. A vote to recommend approval of the Preliminary Plat and Variance failed on a 2-5 vote (Zeyen, and Mcinnis - yes; Peine, Schmidt, Twedt, Truax, and Hiedeman - no). Commissioner's had the following comments: · Preferred a through street to a cul-de-sac to increase public safety. · Preferred a 26 foot private street to the 22 foot private street proposed · Move the terminus of the private road further south to lessen impact on oak trees. Please see attached minutes for further information. #2006-13 - Featherstone Oaks (Version II) City Council Memo -March 6, 2006 Page 2 PUBLIC COMMENT Comments received during the pubJic hearing included: · Can the existing Featherstone Home be saved? · Concern that proposed tree preservation be carried through during construction and memorialized for future owners. · Can the private road be narrowed? STAFF ANALYSIS Variance The cul-de-sac could be avoided by connecting Summit Point Drive to Featherstone Road. The only physical constraint to connecting the streets is the potential affect to large oak trees along Featherstone Road. The preservation plan for the oaks along Featherstone Road (trees 1, 2, 3 would be saved, tree 30 would be removed) is unchanged from the previous plan. The arborist reviewing the site believes the current plan improves the likelihood of tree survival on this site over the previous plan. Preliminary Plat The City Council's primary concerns with the previous Preliminary Plat submittal were tree preservation and traffic. The revised plan preserves more trees and achieves a higher likelihood of survival for those trees identified for preservation. The elimination of the Featherstone Road connection addresses concerns of traffic and neighborhood character. Staff still prefers a through street to a cul-de-sac on the site. It appears that the grading and tree preservation plan on the original submittal could be modified to save additional trees comparable to the revised cul-de-sac plan now submitted. ATTACHMENTS · Location Map · Site Photo · Preliminary Plat · Former Preliminary Plat · Planning Commission Minutes -- February 27,2006 · letter from Harold Featherstone? -- February 27 I 2006 · Arborist Letters · Application #2006-13 - Featherstone Oaks (Version II) City Council Memo -March 6, 2006 Page 3 BACKGROUND INFORMATION Previous Request Denied The City Council denied the previous preliminary plat request on February 6, 2006 due to traffic concerns and to preserve the character of the neighborhood. The Council advised the applicant to submit a new Preliminary Plat that did not provide a connection to Featherstone Road. The Planning Commission recommended approval of the original Preliminary Plat at the January 9,2006 meeting. Comprehensive Plan Classification The proposal is consistent with the Comprehensive Plan. The property is guided U-II, . Urban Residential (4-8 units per acre). The Site Plan gross density of 4.2 units per acre is consistent with the plan. Zoning Classification The property is currently zoned R-3 Medium-High Density Residential. The proposed development is consistent with the R-3 requirements and the Summit Point Development, of which this parcel is a lot. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existina Use North Featherstone Rd Single Family Home Single Family Home T ownhomes Townhomes Zoning Comp Plan East South West A - Agriculture R-2 - Med Density R-3 - Med\High Density R-3 - Med\High Density U-I (Res 1-3) U-II (Res 4-8) U-II (Res 4-8) U-II (Res 4-8) Existing Condition The site is currently the home of Harold & Jean Featherstone. There are a number of mature trees on the site. The existing home on the site will be demolished. VARIANCE REVIEW Request Variance to exceed the 500 foot maximum cul-de-sac length requirement of Chapter 11.05, Subd. 18 of the Hastings City Code. A +/- 725' cul-de-sac is proposed. #2006-13 - Featherstone Oaks ryersion II) City Council Memo -March 6,2006 Page 4 Ordinance Requirement Chapter 11.05, Subd 1 B - Subdivision cul-de-sac length states the following: "Cul-de-sacs shall not be permitted unless there are specific engineering reasons to require them based on existing property condition, topography, or natural features. Maximum length of permanent cul-de-sacs shall be 500 feet measured along the center line from the intersection or origin to end of right- of-way.ft 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. S. 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. Analysis The cul-de-sac could be avoided by connecting Summit Point Drive to Featherstone Road. The only physical constraint to connecting the streets is the potential affect to large oak trees along Featherstone Road. The preservation plan for the oaks along Featherstone Road (trees 1,2,3 would be saved, tree 30 would be removed) is unchanged from the previous plan. The arborist reviewing the site believes the current plan improves the likelihood of tree survival on this site over the previous plan. #2006-13 - Featherstone Oaks (Version II) City Council Memo -March 6, 2006 Page 5 Recommendation Approval of the Variance must include findings of fact from the review criteria above. PRELIMINARY PLAT REVIEW Request Preliminary Plat approval to subdivide 12 detached town home lots and one common lot. Streets, Access, and Circulation A new public cul-de-sac is proposed adjacent to the southern border to meet minimum access and egress requirements. The cul-de-sac provides direct access to four of the proposed 12 townhomes. The remaining 8 units would access a +/_ 265 foot private drive accessing the north end of the public cul-de-sac. Staff has the following comments: 1) The proposed 22 foot wide private drive should be increased to 26 feet with no parking allowed on the street. The Fire Marshall does not support a 22 foot wide road because any parking along the roadway compromises access for emergency vehicles. 2) The public cul-de-sac at the southern property line must be reconfigured to meet our current "tear drop" design standards. 3) The two driveways on three car garage units should be consolidated into a single driveway. 4) An emergency access\pedestrian trail must be constructed to connect the private road to Featherstone Road as determined by the Public Works Director and Fire Marshall. 5) The proposed fire hydrant along Featherstone Road must be relocated to access off of the private road at the discretion of the Fire Marshall. Association Documents and Covenants A home owners association must be established at the time of final plat to ensure maintenance of the private road and common areas. Grading, Drainage, Erosion Control, and Utility Plan The City's consultant engineer has reviewed the Grading, Drainage, Erosion Control, and Utility Plans. Approval of the Preliminary Plat is subject to approval of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. #2006-13 - Featherstone Oaks (Version II) City Council Memo -March 6, 2006 Page 6 Park Land Dedication The Natural Resource and Recreation Commission recommended cash in lieu of land be collected to satisfy park dedication requirements. Park land dedication must be paid at the rate established at the time of final plat. The current amount for single family homes is $2200 per unit. Interceptor Sewer Fee Sewer interceptor fees will be collected and determined upon Final Plat. The current rate is $365 per unit; however that rate will be adjusted in the near future. Parking Parking for the site is acceptable. Each unit would have a two stall garage and the ability to park two cars in a driveway in front of the unit. Parking is also available on street, where permitted. Lot and Unit Layout The applicant has designed placement of the units to maximize tree preservation. Setback from adjoining properties range from 20 to 70 feet per unit. Many existing trees would be preserved to help buffer the site from adjoining properties. Lot and unit placement is acceptable with the following condition: 1) Transplant trees should be placed in the following areas to better screen units _ between the decks on Lots 3 & 4, and behind lots 8 and 12. Pedestrian Access and Circulation Pedestrian access and circulation will be improved with the emergency access\trail connection to the trail along the north side of Featherstone Road. Landscape Plan A boulevard tree plan must still be submitted showing the locations and species of trees to be planted in the boulevard. #2006-13 - Featherstone Oaks (Version II) City Council Memo -March 6, 2006 Page 7 Tree Preservation Plan More trees are identified for preservation than on the previous plan. 34 of the 73 significant trees would be saved compared to 18 of 73 on the previous plan. The number of large oak trees preserved is unchanged. A number of coniferous trees along the site perimeter would be removed temporarily to construct a drainage swale along the western property line, and then replanted in similar locations. The current plantings provide a good buffer, and staff is concerned about the viability of the transplanted trees and removal of the buffer. An arborist from Kunde Company has reviewed the tree preservation plan and believes the plan improves the likelihood of tree survival on this site over the previous plan. Please see the attached memo for further information. The Tree Preservation Plan is acceptable with the following conditions. 1) Adherence to the practices and recommendations of Stephen J. Nicholson's February 23, 2006, and January 31, 2006 review letter for Featherstone Oaks. 2) An orange snow fence must be installed around all trees identified for preservation on the Tree Inventory prior to commencement of any grading on site, and shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation. 3) An arborist shall be provided by the applicant and present during any construction activity commencing within the tree preservation area. 4) Establishment of a surety or escrow to insure the viability of transplanted trees. 5) Final approval of the Tree Preservation Plan by the City Forester. Site Plan Review A site plan is not required because the units are all stand alone and are not attached. Staff has asked for building elevations to be presented to give an idea of the appearance of the proposed units. Neighborhood Comments Staff has not received any new comments on the revised plans. Comments on the previous are below. Staff has received several phone calls regarding the proposed development. The neighbor immediately to the east expressed concern about townhomes negatively impacting the value of his property. He also stated that he did not feel the neighborhood was given enough advanced notice about the meeting. Another neighbor, who lives on the north side #2006-13 - Featherstone Oaks (Version II) City Council Memo -March 6, 2006 Page 8 of Featherstone Rd expressed concern about the current amount of traffic on Featherstone Rd and the impact this development would have on the traffic. Attached is a letter submitted by a neighboring resident of Summit Point, expressing concern about Summit Point Drive being extended to Featherstone Rd. Analysis The City Council's primary concerns with the previous Preliminary Plat submittal were tree preservation and traffic. The revised plan preserves more trees and achieves a higher likelihood of survival for those trees identified for preservation. The elimination of the Featherstone Road connection addresses concerns of traffic and neighborhood character. Staff still prefers a through street to a cul-de-sac on the site. It appears that the grading and tree preservation plan on the original submittal could be modified to save additional trees comparable to the revised cul-de-sac plan now submitted. RECOMMENDA TION Approval of the Preliminary Plat should include 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) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 4) Prior to City signature of the Final Plat mylars, the revised landscape plan shall be approved by the City Forester. 5) The proposed 22 foot wide private drive should be increased to 26 feet with no parking allowed on the street. The private drive terminus should be moved further south to lessen impact on mature oak trees. 6) The public cul-de-sac at the southern property line must be reconfigured to meet our current "tear drop" design standards. 7) The two driveways on three car garage units should be consolidated into a single driveway. 8) An emergency access\pedestrian trail must be constructed to connect the private road to Featherstone Road as determined by the Public Works Director and Fire Marshall. #2006-13 - Featherstone Oaks (Version II) City Council Memo -March 6, 2006 Page 9 9) The proposed fire hydrant along Featherstone Road must be relocated to access off of the private road at the discretion of the Fire Marshall. 10) Transplant trees should be placed in the following areas to better screen units- between the decks on Lots 3 & 4, and behind lots 8 and 12. 11) Adherence to the practices and recommendations of Stephen J. Nicholson's February 23, 2006, and January 31, 2006 review letter for Featherstone Oaks. 12) An orange snow fence must be installed around all trees identified for preservation on the Tree Inventory prior to commencement of any grading on site, and shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation, unless approved by the arborist. 13) An arborist shall be provided by the applicant and present during any construction activity commencing within the tree preservation area. 14) Establishment of a surety or escrow to insure the viability of transplanted trees. 15) Final approval of the Tree Preservation Plan by the City Forester. 16) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 17) Preliminary Plat approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 18) That the final plat be include the south 33' of Featherstone Road adjacent to this property as dedicated rrght of way. 19) Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities. 20) Park dedication fees paid prior to release of final plat mylars. 21) Payment of sewer interceptor fees prior to release of final plat mylars. 22) A home owner association and covenants shall be established to ensure maintenance of common facilities prior to Final Plat recording. 23) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 24) The Final Plat shall be recorded with Dakota County within one year of approval by the City Council, or the approval is null and void. t Featherstone Oaks Legend Zonlng Olatrlcll .....TURAI. AUOURCeS ~ ~ ~OAICUI. Me ~ p.w PLOOOW~Y ~ W~T WATER I\!SIOINTW. <::::::;:;> "-, LOW Dl!HIITY MSIDlNCI! ~ 1\02 MID"'" DENIlTY REIlDlNCE ~ M MI!D/UMoI1IOH DINSITY RESIDENCE ~ R.3 PllD MlDMI_ DeNSITY RUlDE..CI PRD ~ R.. MEDIUM HIGH D6..IlTY 1\l!81DENCE ~ Ro4I'tlD MeDIUM _ DeNSITY RESIDENCE ~ rw HIGH DENSITY RESIDENCe ~ Rot MA"UPACTUIlEO HOME PARW COMMERCIAl. ere (;., OENEIVd. COMEMRCE ~ C.2 HIGHWAY AUTO.sPECIAl.'ZED COMMERCE ~ 0-3 COMMUNITY RIGlONAl. COMMERCE ~ c.< ReGIONAL SHOPPING CENTER .. 0.1 GeNERAL Of'FICI INDUSTRIAl. <IS ., INDUSTRIAL PAAW .. 1.2 INDUSTRIAL PA/lW STOAAOEiSERVlce OTHEl< ~ P~ Pueuc INSTITUTION C) fltow RIGHT OF WAY Map Date: December 27,2005 N ~E S Site Location .' s (c) Copyright 2005, PictometIy International ::.fr' ~ '1'."", R 4P 10. c: c: 0. \ \ LOoke ~. \...- '-~" "', \"'11 """ "" '''' SItE L.OCAnON\ I'\~ ~ ..,.,. ~""'fIOmM -3- ...l.l V. \11" ..v, Ii II Il \", '" , ~""-- - l: _ i ""ir-.!l["'I: ". I . ~'" t.}i ~,,~.... I!: "..J...... 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DlWHAOI . 1R01I101l COMTROL PLAIf SHUT 4 UTIUft. PAVDIO PLAIf SKaT 5 SIGIlU'ICAIlT TRD SVRVIlY SHUT e TRD RlPucamllT lICHIDUUI I I " ". d. ,- I! ' .....;..."'.......(~....." ,.,.~.~..:.~.l......................._.~....~~~::':r~..., \ i ..;". ,. 'oJ.., ... T'" ,. ,.., ","'"'''' .,. .....-.., ...... .... '.-"... ..-...... ,...... ~ ... ~:.. / / \ ""\~ ....,..,... /,( ...., 0, '.... .",~.'.. '\ - ,-,1l " ,./ '~' // ....\ i ..(. '.. .....'::.~ ;, F' "", . _."".....:....,~.~l~-._...._.... .'...- ..- .~,.., .... -... ..~........ "\ \, ;:""C" q"~''\u .:,c. ...../ .\ \ . I . :' ~J.... .,;'. ~,. ~~ .,,"0' .(.~". ..:~ :~ ~"............ ." ...,...~... I ....""'...' WARNING I/UrJIIt _ QolLL f/OI'HDf STAI[ 0Nt C\LL fO/f LOCAIlllIIS. 1$'-464-CIOOZ MrI/JIMD ttr lAW GOVE~NING SPECIFICATIONS ,... unft 1DlItII. or ftI IIIIIIlIIOtA _AIl\'IIIllf or __ "ftAlllWlD __ ro. ;::mr~-::. w: ~ ~ or IIIIl1lDOTA ftAllllAllll ~ . =.r:-~ ::'\.IWIU& or UlIlPOIM GGG INC. __ 1_ _..u. _ 1M ..., _,,7-_ JOHNSON Ii' SCOFIELD INC. LAND SURVEYORS ,IOJ _ _ ... .... ... _ ...-_... EwE~ t:Ey=l#'t-== -' -....... .... _ ....IIHL. llCIICICD 1llUo.. ocacm cwo DolT DAlE 1-10-100I ~'on 2-10-_ J ThomD8Clft " Aaoclat.. 10'1 ,... StrMt ~.. aaa.u NClJll513e_1n SHEET 1 OF 6 SHEETS o SOO.10'02"E 382.16 56.00' DRAINAGE AND UTlUTY EASEMENT OVER ALL OF' COMMON l.OT No.13 B L 0 C K 1 ~ ~ 6 8 ~ 2.0 r-r--- I I I I I 21 I 22 L___lSUMM ci -_._-,--,~- N -;::rj-~-~~-~-~~-,~~~--~~--~~",~-~~ .33 3.3 0 8 Q 0 N ,.. ~ 0 0 N ~ 1'0 ~4. 0 W '10 I ,..I c.o 13 ,..- .. c.o L() . 0'> CO Z 44. 0' 44.00' ~ 44.00' Z 0 ~ ~ ~ ~ Cf) ~ ~ 8 N 9 ~ 7 ,.. ~ N ,.. ~ ::r:: ~ 44.00 ~ 44.00 ~ ~ NOO.10'02"W 382.16 3= SUMMIT Pc :: c.o ......-............._--...-..............-...~ ......-............-..... LEGA~ DESCRIPTlO~ I.ot 11. 0CIlc 2. SUIlIllT POINT, clCoonllfl~ to the ~ plot thereof, ... Ill. In tho 0"'0\0 County 11_..... OffIce. 12 8 ~ r-~--~~--~-~__ I I-~--~--. I I I I SITE DATA SUMMARY TOTAL ACRES = 2.61 ACRES UNITS PER ACRE = 4.27 I 18 I 17 r.mum I I Ii) roUNO WONUWENT I I D.E. DRAINAGE EAsEMENT ~~~~.~ I ~. ~ EME~ _..~~-~-..~-~_~____ GRAPHIC SCALE 'I _J i...J , ~ - !!!!!!!---- . .-..-_.._.._._._..__._..___.. ,l :~!~~TFi 56.00' 56.00 I HDIII'f' .,..., NT ... :r.~.;.:=.~ DIKCT ........ ... 1MAT I '* .1lUl.._u._ _ ... ..... " 1lC ...11: " -. IlE\4SUl IV DATE LAmsT M'olSlOlt 02-13-2001 QIP 1-lo-ZOllO _ rot! Z-10-2OOI J Thornlloon Ie "noolot.. 101 PIM ItfMt H~'" .ua11 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA 2006 CONSTRUCTION 9 ,/''-'''' ....// - -.,...... "11 ... .. ..I1!L DCIIGMD OIIAlfl CHlCll!D QIP QIP DJr PRELIMINARY PLAT ru 0., 05130 ""_.. SHEET 2 OF 6 SHEETS I I I I I I ~ I ..............."..,......'.. ......I i 33! I i j I : I J I t I i cJ t: ~ i ~ ! j~; i ~I j i :i j "...., ,.,.."....,..,..,..,...."..,..' '1 ~t I cr lo.e l.f 1M. ~"I'OflANT .. i'; J - .. G.V. ,- . '-: i I Zt o E-t '(f) 0:: ~ ~ E-t <r: ~ ~ ONOd H1CjON WARNING ~ DIOI;M lW.L <<JIIfIDI $7)llr (JIll: C\I.L _ UlClIlllW. "'--..<<JaI ~t1I'lA" GO\Jf;RNINC SPECIFICATIONS :-~..;'a&~~-~ OMIIUO'IIIlI", .. 100I CI\"f 01' ~ NIl ~o;-.;;t=A"'=-- ::.,s-:.,: ::.r-a- or ~anoAftO.. ~ BLOCK ( ~ ~ -....~ -....~ -~--._-_..,t,.J ...- r '<\IlftAlrt II1IIIl ..,.. r "11I ..,.. - ..... IlII ... ....,,1'1 ... IAIIlfMlY ana IDI'IIlO 11'0" ...... -""~ -1M -1- GRAPHIC SCALE "~~_..lJ-.,j i (IN FEI!T I IIN_ ~OP'r POINT ~I DRIVE RD/OYE . SAL AGt: ElG5'nNG H"I'OflANT 1 - II. C,V, Fa. lE$TINC 1 - II.. I.. I" TU r--,~-.J___,:!~:~ 20.D ur .. H'/DRANT LEAD.,., '~~ '''_ =~~ :~~1Gm H'I1lftANT "- ._~" CONSTRUCTION NOTES: I,) ~T=TrxEFI. PIlOTteT AND SAVE AU. PRa>tRTY 2.> ~Olcrs~~\It~D "e;~ "=~/i~1~ ~D ~VATION ~~~ ~~m:F=~.1N lPW'IlciNS \11TH aUT 3,) ~~A~orl::U'rilT~"'~s~ ~~~ ONlFTJta'~~ COVER TO 4.) ~~~':tN~TAA=Elfl~TEH SHAU. IE U$E;D ON S.) ~ST~'". SEWr.Il INl.tTS TO lIE ,",,0W)fX) W11H ~S ANO TftASH 6.) ~~~CC:~U~O::' ~~AOfs t~~~f=~:&.~ UTlUTY CllHPIlNI[s $HALL. COORDINATE: A JOINT TRtNCl-i rOR ~~ ~~fll~V'TR'&'fPHONt. GAS, UTlI.lTlts SHALl. ",oRK TO - ........... '''" ..... .. JWL DalGNl1l OIIAlIN OCQCCD ClIP ClIP IY DAlt LAlOT IIf\olSlOH: 02-l.'I-2OOt ClIP 1-10-1001...._ 'on 2-10-2OOt J Thomp.on " Anoolol.. 101 PN StrMt ........ UN .Ya33 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA 2006 CONSTRUCTION PREUMINARY STREET & UTILITY PLAN Oo/f II FlU: NO. 05'38 _In SHEET 4 OF 6 SHEETS Q <r: 0 ~ ~ ~ C- o . !2 \j <( ~ l; ~ Z 0 E-. UJ ~ ~ / v ::c E-. <r: ~ ~ ~!!.""" .... ...,.... '", / ..1.., r TR~SPlAN, 'f (17) ;4~,OCll.. oRloOO SP'IlIJ. CE ~S SHOYlN ON rtt lVlAOOlENT PLAN. ~-, "~ ~,...... ........ -.., ":. ..~:- ~~,~ ':~,~., ,-. ........ "./ / IlE\4El IV DA ~1tST Ill'olSlOll: 02-1:!-2ooo 0/#' I-Io-tOOl P,",*" For: 2-10-2001 J Thompaon ... A..oclat.. 101 (ItN Streat HMIMIa WN &a03S CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA 2006 CONSTRUCTION lDGNm DIIAIIl OCOClll CIlP 0/#' M I'1U NO., 05131 Pr_" --=- at ~. 60 61 6il 6' 64 " 66 67 6. " ]V 71 7E ,. - .... .C .. ,CN V......, .c ... 0Mf'tl.... oMr'G ..... . . -....... ..... ..CIe W',""",' .C Dak - .... ,. ,. . . . "". . "". . ,. Ok "$= Ii!' t ~';' 18' .......0 -. I.' =" IF S :;;;'0 RO' ":" I~' o~ CO' - n' ':' Ro' 0 CO' -:' IC' ita IC' 0 . ". ': RO' AID CO' ..: "0' ~a: Dak - "- I~~~l "" .. .. .. .. .. .. .. .. 0 0 0 .. 0 .. .. .. ... .. .. .. .. 0 .. .. .. .. .. 0 .. .. .. .. 1 T' I I r- I T' I R . . .. T .... 0 .. .. .... 0 .. I NO 0 .. il SIGNIFICANT TREE SURVEY Q <t: 0 ~ ~ 9: Q ~ I.W U < ..J a.. ~ ~ z 0 ~ U2 ~ ~ If ~ ~ <t: ~ ~ / ) / '-". -:....:.... -:-"'-:::-''''':J / PLAN'I1HG SCHEDIA.E: LABn A B C D T OlJ.lN'ftTV 10 7 10 14 as ~UlW NA....r SUNWIT ASH HACl<8ERRY 0IlaNSPtRf: UHODl OAK COLORADO SPft\JCt 3''':-a "'An~ :p~ ~, ...f:'I("..HT ". B-1 SO' )( SO' ". I-I 30' )( ~. 1.lS. I-I 40' )( SO. TRANSPl.NlTED TRtE$ P'l't0hl SIlt NOTES: ~: ':i~TEJ~~C~~=~A:o.~~O ALONG INTt:RIOR PE"'WE'l!:A Of' TRANSPl.NlTED COLORADO SPRUCf; llE'tlSGl CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA 2006 CONSTRUCTION TREE REPLACEMENT SCHEDULE SHEET 6 OF 6 SHEETS IV DATE LATDT IlE\o4S1OH: 02-,;)-2OOll CloP I-III-IDOl,.,... rot! 2-tll-lDDI J ThomDeotl ~ A..oclot.. 101 "'. StrMt ........... WH 5SQ]3 DaONID llIlAlIl ocacm CloP QP DolT ~'" ~ / {)~PJ:Hq~~L1: ," '\ it'~5 ~ ~~ ~. i _II /4(! "I~~W- <:"" GGG INC, ::=::: m$~-= 14070 ...., II li. ~ .. IIIU ...,....7-,.. _ '1M' I '* A ...., .- _. JOHNSON ct SCOFIELD INC, l:":":.::=".-=:"- =- .101 ~~...~l!W2~!.,... ~ :".";' " NO. 011'31 _In .3 I ~ '[.3/., I' I'. I ' \ If) . t_ I\! \, : t'l 1/ ~ Prel'M PM)/ o <( o 0::: 1\ , / mer ,'... ( ; . '.'( '1 ;;.~ /, ~~"' - -.no.. ~iI - -~ ~ .. . .. . . .. -- .. .... . . .. " . . &MI' ...elI .. . . . I . . . .. .. . . .... .. ....... . . . . .. .. . .. . 'MOW ~. .. .. . "". .... . .... . .... . . . . C::~~. .. 81 .r ~~.. .. 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',AS SHOWN ~ ,...". ItIPI.ACEMEN' PLAN, i \ //', ORA~H~C.s:A~'E' .'.'~, <,' \" 1 ., ,': ,....," " .' / t~ ~ L:~.r ", . " .~ .... ..,. ,.,. ...- J ., I ' ' ,;flNrinJ.', , ...._ __ _..,.., ..... :.:...::-~:..::;". ..... ~ ....:.. ,.;."..':';..,;;:_-,' ....'..._'...'...,....... ,..,.,..::,,,/,.:.......,, ''':~,.:::, ,:'.:..,.. ... ,..,..., ! 'IUh2lr""~"~,' I - . / Do\1t J.\1DT_ \1-21-_ CITY OF HASTINGS ~::.., Ie Aaoelcll.. DAKOTA COUNTY, MINNESOTA :O~:: ~~..~u 2006 CONSTRUCTION '" ';: FEATHERSTONE OAKS OQ\ON(O .- OCOlD CIll' - o.n NO.1 7 It,."" SHEET IS OF 8 SHEE'l'S ;r:-, ,_' / / / ,"\~~ j ~ .~ " i cQ 'l) f~ ; i'; 1 " ll.-tc1S ...... ,r"] , ^ ",,- I ".._ f; -:;. _ __ - ------ ---O~S- -.4.;. ::. , " ...... 'V" ~ - ::. _ _ - _ _ -e-wii-::&.!!! _ ~_ , -------~~=~~ aVo~ AM018~AHl V'AA~~~~~ I ~ I I I Minutes - Hastings Planning Commission February 27,2006 - Page 2 of 10 4. Jeff Thompson - Preliminary Plat #2006-13 - Featherstone Oaks (Revised). Director Hinzman presented the Staff report to the Commission. Chairman Twedt opened the public hearing at 7:35 pm. Dan Tilsen, engineer for the applicant, stated that the plan before the Commission was not their preferred plan. The applicant would like to see the private driveway connect to Featherstone Road. Mr. Tilsen distributed information from the City of Eagan's code regarding width of private streets. Eagan permits private roads at a width of 20' when only serving 5-8 units. Mr. Tilsen also distributed a map of the proposed development showing that no unit is more than 150 feet from a public road. Jennifer Tessmer-Tuck, 1479 Featherstone Road, stated that it was ironic that during the previous public hearing a woman commented that she didn't anticipate anyone tearing down an old house, when the Featherstone house is slated to be demolished in it's centennial year. It was constructed in 1906 of lumber from a former Pine Street school that was torn down in 1903. Ms. Tessmer-Tuck stated that she would like to see the conditions that have been discussed regarding tree preservation and an arborist being on site during construction to be memorialized and enforced - that they remain a part of the record. Harold Featherstone, 1830 Seton Court, stated that he would like to see a permanent delineation of the trees on site for conservation easement purposes. Mr. Featherstone encouraged the Commission to save the oaks for another generation. Chairman Twedt closed the public hearing at 7:52 pm. He suggested that the Commission start with discussing the preliminary plat. Commissioner McInnis asked the developer how many more trees would be lost if the private road were increased from 22' to 26', as well as how many more trees would be saved were the private street reduced to 18' in width. Director Hinzman clarified that the Fire Marshall was concerned about the length of the roadway and initially wanted a 28' wide road with a turnaround at the end. The 26' road width and no turnaround are concession made on his part. Mr. Tilsen stated that the City requested a 22' wide road, and that the developer would like to connect the private road to Featherstone Road. He added that there would be much less impact to the trees at an 18' width than at a 22' width. Commissioner McInnis expressed concern for overflow parking in the area. A 4th of July party, a high school graduation, and no matter whether a road is signed no parking or not, people will park where they can. Mr. Tilsen stated that the driveways are a bit longer than typical, so they would Minutes - Hastings Planning Commission February 27" 2006 - Page 3 of 10 hold more vehicles, and that spillover traffic would need to park on public streets. Commissioner Truax asked how wide Zweber Lane or Southview Drive were, as they were recently constructed streets. Director Hinzman stated that he did not know that answer. Mr. Tilsen stated that he has built many 22' wide private streets. Chairman Twedt asked what the standard road width was. Director Hinzman stated that the standard road width for a public street is 32'. The City does permit 22' wide private roads as stub streets, but even private collector streets are required to be a minimum of 28' in width. Some public street may be wider than 32' if they have a collector or arterial designation. Mr. Featherstone stated that the City of Hastings has street widths that are excessive and that we need to have an overall reduction in widths. He added that there are fire hydrants at both ends of the development. Commissioner Truax asked for clarification about the 725' distance and where that was measured from. Director Hinzman stated that distance is from intersection of Summit Point Drive and Glenlou Way to the end of the proposed private drive. Chairman Twedt stated that he did not like the plan as he didn't feel it met safety requirements. He also added that the Commission didn't get an answer to the number of trees lost in going from 22' width to 26' width. Mr. Tilsen stated that the end units could also be accessed from Featherstone Road. He added that this plan has been tweaked to save trees and reminded the Commission that it's not an impact to the trunk of the tree but to the root zone that causes the problems. Chairman Twedt asked for clarification as he thought he recalled Mr. Featherstone commenting that some of the trees have been stressed over the past two years due to the dry summers, which are nothing that anyone has control over. Mr. Featherstone stated that the trees were damaged due to the reconstruction of Featherstone Road. Chairman Twedt clarified that the plan was to have an arborist on site during construction. Director Hinzman stated that that was a condition of approval. Chairman Twedt reiterated that he cannot support the 725' length of the cul-de- sac and that he liked the previous plan with the thru street. Director Hinzman stated that the Commission can recommend approval of the plan with changes, such as a street width at 26'. Minutes - Hastings Planning Commission February 27,2006 - Page 4 of]O Commissioner Zeyen expressed concern with parking issues if the street were to remain at 22' . Commissioner Schmitt added that because the road would be private, the Hasting Police Department would not have the ability to write tickets for parking violations. Mr. Tilsen stated that the homeowner's association would govern that aspect. Commissioner Truax asked for clarification on whether the road would be paved or gravel. Mr. Tilsen stated that they would like to pave the road. He added that often 10' wide paved trails are used for emergency access purposes, because 10' is all that is truly needed. Director Hinzman stated that an emergency trail access would have knock-down bollards to prohibit vehicular use of the trail. Were that to be an access point for the residents, it would create a very dangerous situation on Featherstone Road. Jeff Thompson, applicant, stated that he is confused by the Commission's discussion and is wondering what is their intent. Director Hinzman stated that Staff is trying to balance tree preservation and emergency access. While Staff prefers the original plan with the thm street, they can live with a 26' wide private road at the end of which is a 10' bituminous path with knock down bollard to serve as an emergency access. Mr. Thompson stated that he is trying to please a lot of people and would like this road to look like a private driveway. Commission McInnis feels that he hasn't been given a clear answer on the number of trees lost or saved with the varying street widths. Director Hinzman stated that the ones closest to Featherstone Road (#2 and #3) could be impacted less by reducing the length of the private road and increasing the distance of the emergency trail access. Mr. Thompson added that this plan has greatly reduced the amount of grading on the site to minimize impacts to the trees. Commissioner Schmitt asked Mr. Featherstone how wide his existing driveway currently was. Mr. Featherstone stated that it was 12' wide. Mr. Tilsen stated that the applicant is asking to be able to joint trench the water and sanitary sewer line to minimize impacts on the site. Commissioner Zeyen questioned why the service lines were coming into the property at such an odd angle. Mr. Tilsen stated that it was due to the location of the stubs. Minutes - Hastings Planning Commission February 27, 2006 - Page 5 of] 0 Commissioner Zeyen questioned why some of the units were shown with separate driveways. Director Hinzman stated that a condition would be that they be joined together. Mr. Thompson added that it was an error on the plans. Chairman Twedt suggested that the Commission discuss the issues raised in Mr. Featherstone's letter to the Commission. Director Hinzman stated that conditions 1 thru 3 can be controlled by Mr. Featherstone as the current property owner. The current plan with lot boxes and one large open space will make it very easy to add provision to the homeowner's association documents that will require preservation and protection of the trees. As for numbers 4 thru 6, Staff already has a condition that the arborist be onsite during time of construction in the areas of the trees. Chairman Twedt clarified that numbers 1 thru 3 are covered. Commissioner Schmitt stated it would be done with the covenants on the site. Director Hinzman confirmed this and added that all trees would be within the common areas. Mr. Thompson added that the covenants are recorded with the final plat. Mr. Featherstone commented that during the road construction project there was to have been no compaction of the area near the trees but that there was no enforcement of the regulations. Chairman Twedt suggested that the Commission take the preliminary plat and include the provisions they could live with. Director Hinzman suggested that the Commission go thru the applicant's specific comments to the conditions included in the staff report. Chairman Twedt read condition number regarding the trenching of utility lines and Mr. Tilsen's response. Commissioner Schmitt asked if this was permitted under Health department guid elines. Director Hinzman stated it was with extra provisions taken to protect the lines, and that it has been done in the past in Hastings. Chairman Twedt summarized condition number 5. Mr. Tilsen summarized his client's position with relation to the width of the private drive. Chairman Twedt asked for the Commission's response on what they woulddsupport. Commissioner Zeyen stated that the Fire Marshall has given his recommendation of 26' wide and that was to ensure access for fire and ambulance vehicles to the Minutes - Hastings Planning Commission February 27, 2006 - Page 6 of 10 site. He added that the Fire Marshall's comments should be taken seriously. Commissioner McInnis stated that he concurs with Commissioner Zeyen on the 26' street width. Commissioner Zeyen added that the private drive drops 15' from the end of the cul-de-sac to the end of the road and curb and gutter should be there to control the flow of significant rain events. Chairman Twedt pointed out that it the Commission recommends a 26' wide road with a connection to Featherstone Road, that it's essentially a thru street. Director Hinzman clarified that bollards would be added to the trail portion to prevent vehicle traffic. Chairman Twedt asked if "'Private Street" signs would be permitted. Director Hinzman stated they would be. Chairman Twedt moved on to number 12 and summarized the item. Director Hinzman suggested that if the arborist was ok with the modifications, then it would be acceptable. Chairman Twedt summarized number 18. Planner Jenson stated that when Summit Point was originally platted, it included the south 33' of Featherstone Road. When the high school plat was being prepared, there were easements over the existing Featherstone Road that needed to be vacated before the plat could be recorded, so the City went thru the process to vacate said easements. However, the City was provided an incorrect legal description which ended up vacating Featherstone Road to the east boundary of the Summit Point development, included that part along Mr. Featherstone's property. Staff at that time obtained deeds from Mr. Siewert for the portions along the Summit Point development, but for whatever reason, chose to wait and simply have the right of way along Mr. Featherstone's property platted at the time the lot was developed. That is the reason for the requirement, and it has no negative impact on the development of the site. Mr. Tilsen stated that the condition was acceptable. Commissioner Truax asked if the Commission was clear on Mr. Featherstone's Issues. Commissioner Schmitt stated that he feels the Commission is going in the wrong direction by not having a thru street. He added that the City has ordinances in place to prevent this sort of situation. Commissioner McInnis added that the emergency access will be the best way to serve this. Chairman Twedt stated again that he did not like the concept and felt that this originally was a very nice development, and that we were trying to fit a square Minutes - Hastings Planning Commission February 27, 2006 - Page 7 of 10 peg into a round hole. Commissioner Truax agreed with Chairman Twedt's statement and indicated that he would vote against the project. He said that there were elements he liked, but that this wasn't the way to do this. Planning Commission Action: Commissioner Zeyen moved and Commissioner McInnis seconded the motion to recommend approval of the Featherstone Oaks preliminary plat to the City Council with the following conditions: Upon vote taken, Ayes: 2, Nays: 5. Motion denied. Planning Commission Action: Commissioner Zeyen moved and Commissioner McInnis seconded the motion to recommend approval of the variance for a 725' + cul-de-sac length at Featherstone Oaks to the City Council with the following conditions: Upon vote taken, Ayes: 2, Nays: 5. Motion denied. Heritage Oaks For Future Generations To: Planning Commission, City of Hastings, Minnesota Date: February 27, 2006 The Featherstone house is in its centennial year. The house was built in 1906 from wood salvaged from the Pine Street School. The trees are centennial plus and everyone wants more centennial celebratioDS. It is everyone's duty and in everyone's interest to assure preservation of these historic trees for our generation and future generations-the grandchildren of Hastings who will ~ here in 100 years to enjoy these magnificent trees. To this end, it is in all our interests to enable and insure the following for the trees on the Featherstone property: 1. A perpetual conservation easement be established at the preservation drip line of the trees. 2. This easement should be shown and described in city-contractor docwnents, for recording by the county. 3. In the Featherstone Oaks association agreement, there should be a requirement provision for yearly maintenance, fertilization and mulching. 4. The city should supervise and enforce construction grading and finishing practices that will assure the continued success of the trees. 5. The city forester and professional arborist to certify and enforce that soil compaction will not occur and that suitable barriers surround the trees to promote their continued success. 6. The city forester and professional, arborist to determine any fill depths for the greatest success of the trees and assure compliance by developers. Protect, preserve and posterity are the three P's. I would add a fourth - people. The easement, association and no kill or damage provisions (which are in the builder's contract) also need to be documented at the city level to insure the awe and enjoyment of these heritage trees. Good intentions and assumptions are insufficient. It is the planning commission's responsibility, for the good of the neighborhood and the people of Hastings, to take the first step by incorporation the four p's and the above guarantees into any provision or plan allowing building on the Featherstone land. Forestry Consultants 2489 Rice Street # 160. RoseviJIe, Minnesota 55113. 651-484-0114 www.kundeco.com UNDE CO. INC. 2/23/2006 Re: Revised tree preservation and grading plan, Featherstone Oaks, Hastings A review of the latest preliminary grading plan reveals several new elements effecting tree preservation. 1. The new arrangement of house pads saves over half of the trees on the site. 2. The new plan allows for two groups of trees to be saved: 33, 34, 35, 36 in the northeast corner of the property and 47,54,48,49 on the east-central side of the property. Trees saved in groups are often more likely to survive so this represents an improvement over the previous plan. Tree preservation fencing should be placed in such a way as to maintain these groups and their common root zones. These groupings will have more visual impact than saved scattered trees. 3. Less grade change (fill) under several trees throughout the site will improve the chance of survival, particularly in the long term. 3. Grade changes (mostly fill) under the drip line of22 and 23 have been eliminated. This should improve their ability to survive. These too should be fenced off as a group. 4. Tree number 30, a 40" oak, will now be lost. However, this particular tree is in poor condition and is probably best removed. This tree is likely to continue its decline and may become a hazard at some point in the future. 5. The City Planning Director points out the required 28' width for the private drive. Widening the drive from the proposed 22' to 28' will significantly increase the negative impacts from constructing this drive to trees 2,3, 11, 14, 12, 15, and 21. City Code notwithstanding, I would rather see the drive narrowed to lessen the impact to these trees. My previous recommendations should still be implemented with two additions: 1. Tree preservation fencing should be placed as to group trees whenever possible and protect any shared root zone (see #2 and 3 above). 2. Use of single utility trenches is encouraged to limit both the area of root zone impacted and the number of times the roots will be affected. 3. The tree well around tree 27 should be as large as possible while still maintaining proper drainage. Overall, I believe this plan improves the likelihood of tree survival on this site over the previous plan. Stephen J. Nicholson Certified Forester@ #2369 MEMBER: Minnesota Forestry Association - Society of American Foresters _ Minnesota Society of Arboriculture - International Society of Arboriculture _ American Forestry Association Forestry Consultants 2489 Rice Street, Suite # 160 Roseville, Minnesota 55113 Office: 651-484-0114 Fax: 651-484-0228 www.kundeco.com UNDE CO. INC. 1/31/2006 Jeff Thompson J. Thompson & Associates 80 I Pine St. Hastings, MN 55033 Mr. Thompson, In order to address the preservation many of the trees at your Featherstone Oaks development, I have put together some recommendations that should aid in that task. There are no guarantees when it comes to preserving trees. However, these recommendations have been used on other projects and can help trees survive the construction process. Please contact me anytime with any questions or concerns that may come up during or after co~truction. Stephen J. Nicholson Certified Forester@ #2369 cc: Dan Tilsen MEMBER: Minnesota Forestry Association - Society of American Foresters _ Minnesota Society of Arboriculture - International Society of Arboriculture _ American Forestry Association Featherstone Oaks Tree Preservation Recommendations Location: 1803 Featherstone Road in Hastings. This proposed development site includes mature trees intended to be preserved throughout the construction process. The purpose of these recommendations is to provide reasonable, proven strategies that will help to aid tree survival. Despite best efforts there can be no guarantee that implementing any or all of these recommendations will, in fact, ensure survival of all these trees. But by proper implementation of these strategies, the selected trees will have a better chance of surviving the construction process and remain an asset to the community. These recommendations are to be performed prior to grading, during and throughout the construction process and post-construction. Prior to construction 1. Preventative Pruning. Most of the mature hardwoods have been properly pruned at some time, leaving ample space underneath for construction equipment to travel. However, a handful of trees may benefit from "lifting", a process of removing lower branches. This will prevent damage from impacts and scrapes 'from tall construction equipment.. We recommend performing this pruning during the time when trees are dormant, preferably from late November to late March, but at least between leaf fall and April I and prior to commencement of any construction activities. We further recommend using an International Society of Arboriculture (ISA) Certified Arborist for this work to ensure use of proper pruning techniques. 2. Contractor Parking and equipment storage. Select and designate one or more onsite parking areas for contractors to use. Use the wood chips gathered from the preventative pruning to form a parking pad to alleviate soil compaction. New areas may have to be selected as construction moves from one area to another. 3. Planning. Grading near preserved trees is best performed in late summer or early fall (September). During the early fall, trees can regenerate damaged roots or grow into areas of fill while the rest of the tree enters dormancy, better preparing it for the next growing season. Damage occurring to roots in summer can leave the tree in short supply of water during the hottest time of the year. If scheduling permits, grading or trenching within the drip line of preserved trees is best completed as far in advance of the heat of summer as possible. During Construction 1. Tree Preservation Fencing. Sundy fencing should be placed and maintained aronnd preserved trees once initial grading is complete. If construction is focused on one or two house pads at a time, ideally the remainder of the trees should be off limits except to access parking and storage areas. 2. Soil Stockpiling. Soil should not be stockpiled within the dripline of trees to be preserved unless it is for a short period (i. e. a week or two). It is better to stockpile soil where trees have already been removed. 3. Dedicated Contractor Parking Area Previously selected and setup before construction begins, use of this area should be enforced throughout the construction. Use of woodchip held from previous pruning and tree removal should be spread about 2-3" deep for use as a parking pad This will help alleviate soil compaction and add organic matter to the soil as it breaks down over time. Ideally, the area should be fenced off or contained in some manner. 4 . Washout area. Concrete and cement can raise soil pH levels, making them less than ideal for trees and turf. If this must be done on site, it should be restricted to as small an area as possible with the contaminated soil either removed from the site or used in areas not meant for trees (i. e. foundation backfIll, under driveways, etc.). This area should also be underlain by a -layer of wood chips. 5. Spill Cleanup. Any gas, hydraulic oil, diesel or chemical spill should be dealt with as de~cribed by Federal, State or local law as quickly as possible. A spill that may never impact an area off site may still affect trees on site. 6. Tree Damage. If preserved trees do become damaged during construction, every effort should be made to remove damaged limbs by proper pruning techniques. Oaks damaged during the growing season, particularly from April 1 to July 4, should have the wound sprayed immediately with a latex paint or wound dressing. Oak wilt can be spread to open wounds by beetles within a matter of minutes. Roots damaged by digging should be cleanly cut and left exposed for the shortest time possible. 7. Soil. The diversity, age and health of trees now growing on this site indicate existing soil is well suited for growing trees. If soil must be brought in, it should be similar in texture and organic matter content 8. Final Grading. Because fill may be necessary around preserved trees, care should be taken not to overly compact any fill. This too, is best done ,in late summer or early fall. Heavy soils from deep below the surface, brought up by digging footings or basements, should not be used as topsoil. Post-Construction 1. ' Tree inspection by Certified Arborist. Many of the trees to be preserved on this site are mature and without the vigor that a young tree would have to repair damage or withstand the smallest negative effects. Still, mature trees can withstand the negative effects caused by construction activities for several years before showing decline bec.anse they have more stored energy than sm~l!e! trees. For this reason, it may be necessary to monitor preserved trees for some time after construction is complete. A Certified Arborist or forester is best equipped to recognize the earliest signs of decline regardless of the cause. One or two foIlow- up consultations should be performed to assess tree health after construction. A Certified Arborist may be able to remedy some of the negative impacts from construction activities such as overly compacted soil, nutrient deficiencies, etc. 2. Cleanup. Prior to landscaping, all construction debris should be removed from the site so that the soil remainS' as clean as or cleaner than pre-construction. 3. Tree Planting. Plant trees native to the area, particularly bur and red oaks and sugar maples. ~-I} LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 1014th St E, Hastings, MN 55033 ~ Phone: 651.480.2350 - Fax: 651.437.7082 Address of Property: JgO"'? ~~~~Mr ~o Legal Description of Property: L~ \., ~L.D~ -z... ~u~*...... PO\J~T Applicant Name:.) .~"$'--.a~~ Address: ~c>l Pl.N<'- ~A6....- ~1.J~f..vt~ S~...,> Phone: l-~,-~-.".,O"'2- Fax: 1I~-~~" : ~ Email: ,K., ~ ~ ~ ~. tf4~'-v-I" .....~ Description of Request PropertyOwner~a D.! ~~ ~ ~~~ ~. Phone:~ - n- .~ Fax: Email: H requesting site plan review of muIti-f~ units (three or more attached), are the units intended to be for sale or rental units? ,J Oleck Applicable Line(s) Rezone $500 Final Plat $600 Variance $250 Vacation $400 House Move $500 Prelim Plat $500 + escrow Site Plan $500 + escrow Please Note! All Fees and Escrows are due at time of application Minor Subdivision $500 Special Use Permit $500 Comp Plan Amend. $500 Lot Split/Lot Line Adj. $50 Armexation $500 plus legal expenses EA W $500 plus $1,000 escrow Please see reverse side for escrow amounts required. Total Amount Due: $ Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this application for info . on. J_1'.",-A ~~ ~\OCNtr Applicant Name and Title - Please Print OFFICIAL USE ONLY /)/.0171 . ,/lA '^' FIle 1# dO:Xo-l'7 Rec'd By: t>. _ IT, .It ,'0 ~ v (it Fee Paid: ~tJE..o Receipt # ~~"Yz~~()G Owner Signature Date 11 A-[Zt0fA D (J [~Gf:FI1IetL ~rb1iG. Owner Name - Please Print Date Ree'd: ~ 1/3 /fJ6 App. Complete 03P8/05 I~ ~~:~~ ' eL[::. r~Dfi- ,J ~ VIII-B-5 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 6, 2006 Subject: Consider Request: Conzemius\Pulte Annexation - North of Hastings High School REQUEST The City Council is being asked to consider the attached request from Pulte Homes to annex +/- 165 acres from Nininger Township. Pulte proposes to develop approximately 345 single family lots within three phases. Pulte seeks to begin construction in 2007, ending in 2011. Approximately 100 of the 165 acres are within the planned MUSA extension area. The area within the MUSA is guided low density residential. The plan would include the extension of General Sieben Drive between Featherstone and 42. The Planning Committee of the City Council recommended review of the request by the full City Council OPTIONS Some of the options the Planning Committee has identified for consideration include: 1. Annex 165 acres - Net MUSA Gain - Only 100 of the 165 acres is within the adopted 2020 Comprehensive land Use Plan. Inclusion of the remaining 65 acres would lead to a net MUSA gain. 2. Annex 165 acres - No net MUSA gain - Annex entire 165 acres provided there is no net MUSA gain. Examine areas that could be removed or delayed from the 2020 Comprehensive land Use Plan in exchange for including the 65 acres outside the present plan. 3. Annex 100 acres - Annex only the 100 acres within the current 2020 Comprehensive land Use Plan. The 65 acres outside of the plan would not be considered at this time. 4. Decline the entire annexation request ATTACHMENTS · Pulte Letter . Concept Plan PLANNING COMMITTEE REVIEW The Planning Committee has met with Pulte and Nininger Township on several occasions and conducted the following review: October 17, 2005: Meeting with Pulte - Pulte provided an overview of their development plans. General agreement by the Committee on the design, use, and layout of the site. Supported the preservation of the bluff and treatment of natural amenities. Asked Pulte to meet with Nininger Township to introduce the plan. November 28,2005: Meeting with Nininger Township - The Town Board stated they have met with Pulte and have concerns about the rate of growth and traffic. The Planning Committee stated they are not interested in land grabs and unchecked growth. Nininger Township generally agreed to allow development with the designated 2020 growth area (approximately 100 of the 165 acres). Development outside of the 2020 Growth Area may be agreeable, provided similar acreage is deducted elsewhere. December 5, 2005: Meeting with Pulte - Pulte presented a revised phasing plan showing more immediate construction of General Sieben Drive. Pulte desires a commitment on eventual annexation of the full 165 acres in order to further spread the cost of site amenities for a higher quality development. The Planning Committee finds the overall plan to be creative and beneficial to the city, but is concerned about deviating from the Comprehensive Plan and working with the Township. January 23,2006: Meeting with Nininger Township & Pulte - Nininger Township stated concern about increased traffic volumes on Highway 55 and affect on groundwater. The Planning Committee discussed the need for limited growth and annexation, citing the limited number of available single family lots and desire to provide housing for existing residents. The Planning Committee and Nininger Township both agree the three year timeframe for full construction of all phase is too aggressive and not favorable. The Committee asked for a letter from Pulte outlining their request and timeframe. February 23, 2006 - The Planning Committee met to discuss Pulte's attached letter. The Committee recommended that the full City Councif consider the request. ANNEXATION - COMPREHENSIVE LAND USE PLAN Background The Comprehensive Land Use Plan is a component of the 2020 Comprehensive Plan. The Plan identifies areas outside of the current city limits for future annexation and development. The plan was developed in 2000. Status Approximately 50 of the 300 acres guided for low density (single family) development have been annexed and developed. Most of the remaining 260 acres is held by Conzemius\Pulte (100 acres) and Bauer\General Sieben Drive (110 acres). Conzemius Pulte desires development. Bauer's desire for development is uncertain. Bauer's northern 40 acres is the most likely. The southern 70 acres is home to an active aggregate operation and does not seem likely for annexation in the near future. SINGLE FAMILY LOT STATUS Single family lot inventory is calculated as follows: Development Existing Planned Potential Potential Single Single Single Mixed Use - F amity Family Family Single Family Component Bohlken 6th Add 6 Century South 4 Eastenders 7 South Pines 4 68 78 Sunset West 7 17 Wallin 54 74 South Oaks 21 Pulte\Conzemius 345 Bauer - General Sieben Drive 330 Bauer -Solac 5 Jorgenson 3 Lawrence - Pleasant Dr 30 Conzemius\Finnegan 280 Conzemius-Pleasant Dr 45 Schmitt - Co Rd 46 16 Bauer - Co Rd 46 16 Sieben - Highview 16 TOTALS 82 180 791 373 C::l'loY, l,... fl." ~'l' .'fflli Single Family Lots Existing and Potential Development 2006 _ Existing Single Family Lots = 82 _ Planned Single Family Lots = 180 _ Potential Single Family Lots = 791 Potential Mixed Use - Single Family Component = 373 .. . ", " . 1';2. '... I .' .. ~{.. :,,''C . - .- '"1.< .:r: :'" LOT INVENTORY ANALYSIS Existing Single Family - Lots immediately available for construction - no further city approvals needed beyond a building permit. · 82 lots are presently available · 1 year estimated supply (based on average annual building permits) · Most of the lots are located within the Wallin Development. Although immediately available, Wallin has historically developed at a slow rate. · Century South and South Pines are nearly full. Over 200 single family homes have been constructed in these two developments over the past 3-4 years. Planned Single Family - City has granted preliminary approvals for development, however final approvals are still needed. · 180 lots are available · 2 year estimated supply (based on average annual building permits) · Over 75 percent of the lots are within the Wallin and South Pines developments. · Full buildout of the Wallin Development may not take place until 2012. The Wallin Master Development agreement allows a ten year time frame for construction. · Remaining phases of South Pines cannot commence until the extension of Tuttle Drive to Highway 316. · Strong desire from the owners of South Pines to continue development. Potential Single Family - City has granted no formal approvals. Includes landowners interested in development, as well as large parcels of land where development interest is unknown. Lot projections are much more speculative than Existing and Planned Single Family inventory · 791 potential lots are available (based on sketch plans and rough calculations) · Potential 9 year supply (based on average annual building permits) · 85 percent is located within the Conzemius\Pulte, and Bauer\General Sieben Drive Areas. · Pulte seeks annexation and development of 345 lots within 4-5 years. · Bauer's desire for development is uncertain. The northern 40 acres is the most likely. The southern 70 acres is home to an active aggregate operation and does not seem likely for annexation in the near future. Potential Mixed Use - Single Family Component - City has granted no formal approvals. Includes areas guided for mid density development that may include a mixture of single and multiple family development. Estimates are generally based on 50 percent single family and 50 percent town home. Includes landowners interested in development, as well as large parcels of land where development interest is unknown. Lot estimates are very speculative and may vary dramatically. · 373 potential lots are available (based on rough calculations) · Potential 4 year supply (based on average annual building permits) · 75 percent is located within the Conzemius\Finnegan property located on the south end of the City adjacent to South Pines. . Hartford group is no longer pursuing annexation of the Conzemius\Finnegan property; however the property owners may still be seeking annexation. . Development of the Tuttle Drive extension would allow development of the remaining South Pines lots. 2005 2004 2003 2002 Dear Dave and John: Pulte Homes of Minnesota formally requests consideration by the City annexation of the Cozemius property located north of Featherstone Road and south of County Road 42 situated on approximately 165 acres into the City of Hastings. As you know we have been working with the Conzemius Family Partnership for several months in developing a land plan and pursuing annexation. We greatly appreciate the time and efforts that City Staff: City Council Planning Committee and Nininger Township Board Members have spent reviewing and discussing our proposal. We feel there are numerous reasons why this site should be annexed and developed in its entirety as demonstrated below. . The Gardens at Hastings Bluffland plan takes a strong conservation approach to the development of the site. There are many ecological benefits to the site with the existing bluff and woodlands that will be preserved and enhanced with the proposed plan. The addition of trails, major park element and neighborhood gardens enhance the already existing natural features of the site. · General Sieben Drive will be extended from Featherstone Road to County Road 42 providing an essential transportation connection for the community. · General Sieben will be designed as parkway with green space and water features along the entire corridor to continue the developments uniqueness in all elements. · We have 165 acres under contract with the Conzemius Family Partnership. As this is a family partnership the contract cannot be split with portions left undeveloped. The Annexation Expansion Plan did not consider property ownership lines thus the Conzemius Family Partnership is split from a MUSA perspective with 100 acres included in the boundary and 65 acres not included. · We can provide the most unique land plan desired by the City with the entire 165 acres. · Current supply of single-family lots is 107 available for sale with typical absorption in Hastings suggests this is adequate only until March 2007. This project can provide additional opportunities for future families to move to Hastings. PuIte Homes of Minnesota Corporation 815 Northwest Parkway, Suite 140 Eagan. Minnesota 55121 651452.5200 651-452.5727 Fax j,O. Power and Associa1cs zoos New Home Builokt CUSIOID<< S,uisfac,ioA S'...ies.... 2llO5 SllIdy bas<d on "'5flUR5CS f...... 73.353 buyers ol_Iy co....ructcd homes in 30 of !he I:ugcsl u.s. mortd'- Minn<apolislSL !'aul marlct W\'US ..\JIOb. C:InCJ, Chisoso, Oalwra, Hca"""",, bmscy.SCOll, Sh<rburnc. ~.nd WrigJ. C1lUIllia in Mime.....; So, Croo COUnly in Wl5COftsia. www.jdpoweLcom lcuJ ~~/Ob . The Gardens at Hastings Bluffhelps achieve regional growth goals by providing 340 single family new homes over the next 4-5 years. We have developed a preliminary phasing plan (attached) that provides the construction of General Sieben Drive in two phases while staying close to the City's average number of new single-family homes constructed per year. This development will serve to fill a gap of new single-family lots, in two sizes and price ranges that will ultimately assist in meeting future population goals set forth by the Metropolitan Council. The following is a phasing schedule that we believe provides a reasonable time period to obtain all required approvals (including EA W), land development including phasing of General Sieben Drive and home construction of (based on 340 lots as shown on the phasing plan): Now-March 2007: Secure all required approvals related to development. March 2007-Nov. 2007: Land development of Phase 1 including park and General Sieben Drive up to Roosevelt Road. Start model construction. Dec. 2007-Nov. 2008: Phase 1 home construction. Land development of Phase 2 complete including General Sieben Drive up to County Road 42. Dee 2008-Nov. 2009: Land development of Phase 3 and Phase 2 home construction. Dec. 2009- Nov. 2010: Phase 3 home construction. Dec. 201 O-May 2011 : Final sales and closings. As shown on the phasing plan each "phase" contains approximately 1/3 or 55 acres of land. We would be open to a phased annexation plan that contained specific dates that would still allow for construction of General Sieben Drive in the required two phases and the ability to continue construction at a reasonable pace. We would be happy to meet with staff and the City Council at their earliest convenience to discuss our concept and proposed annexation request. If there is additional information I can provide to you please call me at 651-203-0837. CC: Township Board Members Conzemius Family Partnership Attachments-Phasing Plan <if )i I I . / I I I ' I I-C J~ .C: 1 ~ ,.c: J~ . I 1i I ) I . I I ' . I I . ~ 05 December 2005 General Sieben Drive Roosevelt Road Hamilton Drive WJf~' Revised Site Plan I~N THE GARDENS AT HASTINGS BLUFF Hastings, Minnesota .. ................ ............... If ,________ . 05 December 2005 l).'~rf~' r.~,?.. I~N THE GARDENS AT HASTINGS BLUFF Hastings, Minnesota Revised North Parkway Plan 1} II \ I I I I . I I I ! .. I il . I I I t. ~ . Phase 1 Phase 2 Phase 3 05 December 2005 ~~~{rs\- ~"t,~' ,",If V.':/I' ~h...lJM 104" I~N THE GARDENS AT HASTINGS BLUF'F, Hastings, Minnesota Phasing Diagram I I :I .. ("- i il ~.11!! t..,,~i t,.': i.., J i -... J f l, ., l",. ".. ,"%f ,,1-' ,. ,'2.' ,.,~'",. f", ." :... ",4 "21 tl .~ , ,Ill ..",1"", -:5 .. , r,i.,.,J" ",' ".",:"., b ~111 ~. !tt" .. .. ~ ---. t' 1 ~, "- 11~ t 11 .. Ii l--. l )- i 1: \::;;.--- ~l{a · . \,./< ~,/' ~./' < ,1. "J,f"f . ! t I I } ;H '::to ~ 111 Q.. e Q) ~ 111 \J '- '- :l Iii LL.11l LL.... :::J~ ....J~ cae V')~ uvi zg' i=~ V') 111 <(I :r: ..... <( V') z UJ o 0:: <( lJ UJ :r: ..... I } I . \ I 1 ( . ~ 05 December 2005 WI" Interconnected Trail System North /South Road and Trai I Connection Roosevelt Road Hamilton Drive I~N THE GARDENS AT HASTINGS BLUFF Hastings. Minnesota II Neighborhood Greens II Neighborhood GatewaY/Nodes II Bluff Preservation II BI uff Interpretive Park Site Layout Concept ;', ' [./ tIt Ill. }~...ta...J 2!k'24W.~ f 1 J Ir1r! jl f "} ~J l.if, -z} ~- 1 ~; ~I ; J I j ~ ] Itll ~ ! ~Jhl ]fHIHh .......-.- c cu cu t; 'U o o .t: o .n .t: Cl 'Qi Z I.L.tG l.L.o ::>~ -Jc ca.~ Vl~ u""- z~ I-t: V') III <(I J: I- <( Vl Z IJ,J o a:= <( U IJ,J :J: I- z $ '" o o N Qi .n E .' ~, 05 December 2005 W, ,#l}J~' ,,", te. y:;o;.I/",:; Central Bluff 1-8) N THE GARDENS AT HASTINGS BLUFF Hastings, Minnesota OS December 2005 'IE. ~--,~ --'--'-'---.,-..1fT-'----- I: I III I: I t!~ '! I Iti I I : I k, '. "";:";'1;' I. i "(,,~!t. Pi :~..,.r: . ~ , I t------ w1t~. Existing Conditions I-@'N THE GARDENS AT HASTINGS BLUFF Hastings, Minnesota