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Home My WebLink About08-21-06 CITY OF HASTINGS COUNCIL MEETING Monday, August 21, 2006 7:00PM I. CALL TO ORDER II. ROLL CALL III. DETERMINATION OF QUORUM IV. APPROVAL OF MINUTES Approve Minutes of the Regular Meeting on August 7, 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 Councilmernber or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. I. Pay Bills as Audited 2. Resolution-2007 MnDOT TRAC Management Plan 3. Approve 2006/2007 TRAC Drug Testing Policy 4. Schedule Special City Council Meeting on September 14,2006 to Canvass Primary Election Results 5. Budget Adjustment for HPC and Fire Departments 6. Resolution-Final Pay Estimate for Well #8 Construction: Keys Well Drilling ($9,128.79) 7. Pay Estimate #2-Well #8 Wellhouse: Magney Construction ($45,532.55) 8. Pay Estimate #2-Project 2006-1 3'd Street Area Street Reconstruction: Pember Companies ($276,898.70) 9. Approve Architectural Services for Updated Space Planning 10. First Reading/Order Public Hearing-Rezoning 2006-39: R-I to PI - Pleasant Hill Library Site (1490 South Frontage Road) II. Approve Change Order #1_3'd Street Area Improvements Project 12. Release of Reversionary Provision-Lodewegen Industrial Park Property VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS I. Public Hearing-Industrial Park 7th Addition Improvements VIII. REPORTS FROM CITY STAFF A. Public Works I. Resolution-Order Improvement and Approve Plans and Specifications and Authorize Advertisement for Bids: Industrial Park 7th Addition Improvements 2. Resolution-Ordering Feasibility Studies for Project 2007-1: 5th Street Area Improvements and Project 2007-2: Spiral Boulevard Area Street and Trail Improvements B. Planning 1. Resolution-Special Use Permit #2006-40: Temporary Auto Sale at Westview Mall 2. Consider Request-Extend Roof Sign Permit #2005-49: Three Rivers Place (311 East 2nd Street) C. Administration 1. Resolutions-200? Preliminary Budget a. 200? Proposed City Budget b. 200? Proposed City Property Tax Levy c. 2007 HRA Tax Levy d. Set Truth in Taxation Public Hearing Dates 2. Request To Declare 514 18th Street West a Hazardous Building 3. Hearing-Liquor License Consideration: The Levee Cafe IX. COMMENTS FROM AUDIENCE X. UNFINISHED BUSINESS XI. NEW BUSINESS XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIII. ADJOURNMENT Next Council Meeting on Tuesday, September 5, 2006 Hastings, Minnesota City Council Minutes August 7,2006 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 7,2006 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Werner Councilmembers Alongi, Hazlet, Hicks, Moratzka, Riveness and Schultz Staff Members Present: City Administrator David Osberg Assistant City Administrator Melanie Mesko Lee City Attorney Shawn Moynihan Planning Director John Hinzman Public Works Director Tom Montgomery HRA Director John Grossman Approval of Minutes: Mayor Werner asked if there were any corrections to the minutes of the regular meeting of July 24, 2006. Hearing none, the minutes were approved as presented. Firefighter Introductions Assistant Fire Chief Mike Schutt introduced four of the City's five new firefighters: Mark Knoll, Craig Latch, Derek Latch, and Tom Seleski. Steve Bloomstrand was not in attendance. The Mayor and Council welcomed the new full-time staff members. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Schultz to add the closing of two blocks on East Second Street on September 16 for the Main Street Festival as item 10. and approve the Consent Agenda as presented. 1. Pay Bills as Audited 2. Authorize Signature-Development Agreement #2006-30: Fountain Meadows 3. Resolution-Approve 2006/2007 Amusement License Renewals 4. Resolution-Approve One-Day Gambling Permit for Regina Medical Center 5. Resolution-Appoint Election Judges for Primary Election 6. Resolution-Approving 2006 Election Judge Wages 7. Approve Plans and Authorize Advertisement for Bid for Commerce Drive Watermain Project 8. Resolution-Order Public Hearing on Industrial Park 7th Addition Project 9. Schedule Planning Committee Meeting 10. Close East Second Street for Main Street Festival on September 16,2006 7 Ayes, Nays, None. Copy of resolutions on file. Public Hearing-North Frontage Road Reconstruction and Trunk Watermain Improvements Mayor Werner opened the public hearing at 7:05 p.m. Public Works Director Montgomery stated that the proposed project is to connect wells to the new water treatment plant as well as street improvements. Montgomery City of Hastings City Council Minutes August 7, 2006 Page 2 of 3 stated that access to the businesses will remain during business hours, the road will be temporarily converted to one way, and some night construction will occur. Greg Fogarty, Carbone's Pizza, stated concern with public access and loss of business. Joe Morrows, Fluegel's, stated concern with semi-truck access and loss of business. Montgomery stated that the City can coordinate with businesses to assist with delivery access during construction. There was discussion over low water pressure. Montgomery stated that due to the business's location below the water tower, there is nothing the City can do to improve water pressure. Hearing no further comments, Mayor Werner closed the public hearing at 7: 19 p.m. Resolution-North Frontage Road Reconstruction and Trunk Watermain Improvements Montgomery stated that the project will being mid-September, and the road will be open fully by approximately November 1. There may be some restoration which occurs after that date. Councilmember Hazlet requested signage to inform people that the businesses are open during construction, and coordination with delivery schedules. Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the improvements as presented, and to direct staff to include signs during construction indicating that the businesses are open. 7 Ayes; Nays, none. Copy of resolution on file. Award Contract-Well #1 Closure Montgomery stated that bids were opened on August 3, 2006. Staff recommends awarding the contract to Keys Well Drilling Company in the amount of $115,075. The estimated cost for the project was $126,000. Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to award the contract as presented. 7 Ayes; Nays, none. Public Hearing-Ordinance Amendment #2006-25: Temporary Auto Sales in the C- 4 Zoning District Mayor Werner opened the public hearing at 7:29 p.m. Planning Director Hinzman stated that the Planning Commission recommended to allow temporary auto sales by a special use permit. The Planning Committee of the Council recommended allowing temporary auto sales by a special use permit with certain limitations. Hinzman stated that staff recommends the provisions as suggested by the Planning Committee to provide staff and future City Council's guidance for considering requests. Hearing no further comments, Mayor Werner closed the public hearing at 7:30 p.m. Second Reading/Ordinance Amendment #2006-25: Temporary Auto Sales in the C- 4 Zoning District Moved by Councilmember Hicks, seconded by Council member Alongi to approve the ordinance amendment with the provisions recommended by the Planning Committee of the Council. 7 Ayes; Nays, none. Copy of ordinance on file. City of Hastings City Council Minutes August 7, 2006 Page 3 of 3 Resolution-Site Plan #2006-35: Dairy Queen (1205 Vermillion Street) Moved by Councilmember Schultz, seconded by Councilmember Riveness to approve the site plan as proposed. 7 Ayes, Nays, none. Copy of resolution on file. Resolution-Site Plan #2006-36: Regina Hospital (1175 Nininger Road) Planning Director Hinzman stated that the hospital is proposing to add-on and remodel the existing center. Hinzman indicated that there are still numerous outstanding issues including relocation of power lines, pedestrian crossing, smoking off-campus, and landscaping. Moved by Councilmember Hicks, seconded by Councilmember Hazlet to table the site plan until September 5, 2006.and request that Regina schedule a public meeting, which can be held at Hastings City Hall, to discuss items and concerns prior to that meeting. 7 Ayes, Nays, none. Report-Closing 3rd Street Crossing HRA Director John Grossman stated that a new petition to make application for a quiet zone have been received. Discussion over safety, noise, and future rail developments. Some members of the public spoke in favor and against the quiet zone due to safety concerns. Moved by Councilmember Moratzka, seconded by Councilmember Alongi to rescind the previous action regarding the quiet zone. 7 Ayes; Nays, none. Moved by Councilmember Moratzka, seconded by Councilmember Alongi to direct staff to prepare information to apply for a quiet zone. 7 Ayes, Nays, none. Adjournment Moved by Councilmember Hicks, seconded by Councilmember Riveness to adjourn the meeting at 8:50 p.m. 7 Ayes, Nays, None. Michael D. Werner Mayor Melanie Mesko lee City Clerk I , g I atyof I-hstigs Merrami.m To: City Council From: Becky Kline, Finance Department Date: 8/15/2006 The attached Department Report itemizes vouchers that were paid on August 15, 2006. Thank you. 8/15/2006 8:43 AM ?ACKET: 00330 Regular Payments lENDOR SET, ~UND JEPARTMENT, NIA JUDGET TO USE, lENDOR NAMJ:; -48769 MCES 101 GENERAL NON-DEPARTMENTAL CB-CURRENT BUDGET ITEM # I-JULY 06 I-JULY 06 -49365 MN DEPT/LABOR & INDUSTR I-JULY 06 I-JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-230-2301-2017 101-230-2301-5221 101-230-2301-2015 101-230-2301-5221 DESCRIPTION SAC CHARGES P SAC CHARGES BUILDING PERM SAC CHARGES BLDG PERMIT S SURCHARGE BUILDING PERM SURCHARGE DEPARTMENT NON-DEPARTMENTAL CHECK# 926149 926149 926157 926157 TOTAL: PAGE: BANK, GEN AMOUNT 29,450.00 294.50- 1,546.31 30.93- 30,670.88 a/15/2006 a,43 AM PACKET: VENDOR SET, FUND DEPARTMENT, 105 BUDGET TO USE, ilENDOR NAME ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ AMOUNT 00330 Regular Payments 101 GENERAL ADMINISTRATION CB -CURRENT BUDGET ITEM # t -000161 CANON BUSINESS SOLUTION -30540904 -03162 AT&T I-AUG 06 I -JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-105-1051-6206 101-105-1051-6321 101-105-1051-6321 PAGE: BANK; GEN DESCRIPTION CHECK# DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE DEPARTMENT 105 926113 LONG DISTANCE LONG DISTANCE 926102 926102 ADMINISTRATION TOTAL: 2 22.69 3.46 8.96 35.11 8/15/2006 8:43 AM >ACKET: 00330 Regular Payments TENDOR SET, 'UNO 101 GENERAL lEPARTMENT, 107 CITY CLERK 3UDGET TO USE: CB-CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER TENDOR NAME ITEM n- ::================================================================================================================================== AMOUNT -000161 CANON BUSINESS SOLUTION 1-30540904 -03162 AT&T I -AUG 06 I-JULY 06 -17974 EMILYS I-APR 06 -42150 KNIGHTS OF COLUMBUS I-PRIMARY ELECTION G/L ACCOUNT NAME 101-107-1071-6206 101-107-1071-6321 101-107-1071-6321 101-107-1071-6450 101-107-1072-6361 DESCRIPTION DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE LONG DISTANCE LONG DISTANCE MISCELLANEOUS ROLLS/SAFETY DAY TRAINING RENTAL-BUILD! HALF BUILDING RENTAL DEPARTMENT 107 CITY CLERK PAGE: BANK: GEN CHECK#: 926113 926102 926102 926125 926143 TOTAL: 56.84 2.32 2.67 45.60 250.00 357.43 8/15/2006 8:43 AM ~ACK.ET ; 00330 Regular Payments lENDOR SET, 1 ~UND 101 GENERAL JEPARTMENT , 120 FINANCE lUDGET TO USE, CB-CURRENT BUDGET TENDOR NAME ITEM #/; ~=================================================================================================================================== AMOUNT -000161 CANON BUSINESS SOLUTION -30540904 -03162 AT&T I-AVG 06 I -JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-120-1201-6206 101-120-1201 6321 101-120-1201-6321 PAGE: BANK: GEN DESCRIPTION CHECK# DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE DEPARTMENT 120 926113 LONG DISTANCE LONG DISTANCE 926102 926102 FINANCE TOTAL: 4 22.29 3.32 6 _ 98 32.59 8/15/2006 8043 AM ?ACKET: 00330 Regular Payments IENDOR SET, ;"UND 101 GENERAL MAINTENANCE CB-CURRENT BUDGET JEPARTMENT, 140 lUDGET TO USE, TENDOR ITEM #; NAME ~O3162 AT&T I -AUG 06 I -JULY 06 -12098 DALeO C-1731652 C-1756613 1-1759386 1-1769562 1-1771016 1-1773882 -17799 ELECTRO WATCHMAN, INC 1-50047 -45313 LIFEWORKS SERVICES INC. 1-12214 -48683 MENARDS 1-42928 -49343 CENTER POINT ENERGY I-JULY 06 I-JULY 06 -50353 PATRICK D MOSENG 1-11842 -50360 MOTOR PARTS SERVICE co 1-4319 -73168 SHERWIN-WILLIAMS 1-3618-8 -86400 VOSS LIGHTING 1-15051125-00 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-140-1401-6321 101-140-1401-6321 PAGE: BANK; GEN DESCRIPTION CHECK# AMOUNT TELEPHONE TELEPHONE LONG DISTANCE LONG DISTANCE 926102 926102 1. 37 .61 101-140-1404 6211 CLEANING supp CLEANING PROD 926119 37. 93- 101-140-1404 -6211 CLEANING supp CLEANING PRODUCT 926119 111 .46 101-140 1401-6217 OTHER GENERAL BRUSH 926119 189.99 101-140 1401-6217 OTHER GENERAL WINDOW WASHING EQUIP 926119 47.51 101-140-1404-6353 REPAIRS & MAl BOOT BRUSH 926119 63.30 101-140-1401-6217 OTHER GENERAL WINDOW WASHING EQUI P 926119 27.39 101-140-1404-6310 101-140-1404-6310 101-140-1403-6520 101-140-1401-6345 101-140-1402-6345 101-140-1406-6353 101-140-1401-6217 101-140-1403-6520 101-140-1406-6353 MAINTENANCE C ALARM SERV 926124 57.51 MAINTENANCE C CLEANING SERV 926146 780.31 BUILDING & ST SERVER ROOM SUPPLIES 926151 211.20 HEAT HEAT HEATING! GAS HEATING/ GAS 107.87 64.66 926116 926116 REPAIRS & MAl KEY PADS/FD 926158 1,061.27 OTHER GENERAL REPAIR TOOLS 926159 9.28 BUILDING & ST PD REMODEL SUPPLIES 926170 48.80 REPAIRS & MAl BULBS / FD 926180 123.11 DEPARTMENT 140 MAINTENANCE TOTAL: 2,645.79 8/15/2006 8:43 AM ?ACKET: 00330 Regular Payments IENOOR SET, '1JND 101 GENERAL JEPARTMENT, 150 PLANNING lUDGET TO USE, CB-CURRENT BUDGET lENDOR ITEM #: ==================================================================================================================================== AMOUNT NAME ~000161 CANON BUSINESS SOLUTION 1-30540904 -03162 AT&T I -AUG 06 I-JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-150-1501-6206 101-150 1501-6321 101-150 1501-6321 PAGE: BANK: GEN DESCRIPTION CHECK# DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE DEPARTMENT 150 926113 LONG DISTANCE LONG DISTANCE 926102 926102 PLANNING TOTAL: 6 119.25 2.23 10.84 132.32 8/15/2006 8,43 AM 'ACKET: 00330 Regular Payments fENDOR SET, 'UNO 101 GENERAL )EPARTMENT , 160 I. T. nJDGET TO USE: CB CURRENT BUDGET 'ENDOR NAME ITEM 11= :=================================================================================================================================== -000161 CANON BUSINESS SOLUTION 1-30540904 -03162 AT&T I -AUG 06 I-JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-160-1601-6206 101-160-1601-6321 101-160-1601-6321 PAGE: 7 BANK: GEN DESCRIPTION CHECK# AMOUNT DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE DEPARTMENT 160 926113 67.08 LONG DISTANCE LONG DISTANCE 926102 926102 16.22 .20 .T. TOTAL: 86.50 8/15/2006 8:43 AM ?ACKET: 00330 Regular Payments IENDOR SET, 1 >tJND 101 GENERAL lEPARTMENT, 201 POLICE JUDGET TO USE: CB-CURRENT BUDGET IENDOR NAME ITEM # ==================================================================================================================================== AMOUNT -000161 CANON BUSINESS SOLUTION 1-30470835 _ -000171 MARTIN-MCALLISTER 1-5042 -03162 AT&T I-AUG 06 I-JULY 06 -24766 GERRYS FIRE PROTECTION 1-29130 -44900 LEXIS NEXIS 1-0607226350 -50350 MPH INDUSTRIES I-KM543393 -75153 STRETCHERS 1-1369218 -82116 UNIFORMS UNLIMITED 1-329794 1-330063 1-330543 1-331204 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-201-2010-6206 101-201-2010-6311 101-201-2010-6321 101-201-2010-6321 101-201-2010-6311 101-201-2010-6311 101-201-2010-6580 101-201-2010-6450 101~201-2021-6450 101-201-2010~621B 101-201~2021-6450 101-201-2021-6450 DESCRIPTION DUPLICATING & COPIER USAGE CHECK# 926113 EXPERT & CONS FARRINGTON/ PSYCHOLOGICAL EXAM 926148 TELEPHONE TELEPHONE LONG DISTANCE LONG DISTANCE EXPERT & CONS RECHARGE FIRE EXT EXPERT & CONS ONLINE RESEARCH EQUI PMENT SPEED MONITOR TRAILER MISCELLANEOUS PUCH/SOT EQUIP MISCELLANEOUS TASER/CARTTRIDGES CLOTHING & BA FARRINGTON/INITIAL UNIFORMS MISCELLANEOUS TASER/CARTTRIDGES MISCELLANEOUS TASER/CARTTRIDGES DEPARTMENT 201 POLICE 926102 926102 926132 926145 926160 926173 926176 926176 926176 926176 TOTAL: PAGE: BANK, GEN 690.37 350.00 42.34 90.22 44. 94 116.00 5,563.41 127.48 214.89 1,164.70 1,714.54 885.15 11,004.04 8/15/2006 8:43 AM PACKET; 00330 Regular payments VENDOR SET, FUND DEPARTMENT, 230 BUDGET TO USE, ilENDOR NAME =~~=~~~~=~==~~~~~~~~=========~=~~~======================~=~=======================================================~~================ AMOllliT REGULAR DEPARTMENT PAYMENT REGISTER 101 GENERAL BUILDING & INSPECTIONS CB-CURRENT BUDGET ITEM # -000161 CANON BUSINESS SOLUTION 30540904 1-30540904 -03162 AT&T I ~AUG 06 I -AUG 06 I~JULY 06 I-JULY 06 G/L ACCOUNT NAME 101-230 2301-6206 101-230 2302-6206 101-230-2301-6321 101-230-2302-6321 101-230-2301-6321 101-230-2302-6321 DESCRIPTION DUPLICATING & COPIER USAGE DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE TELEPHONE TELEPHONE DEPARTMENT 230 LONG DISTANCE LONG DISTANCE LONG DISTANCE LONG DISTANCE BUILDING & INSPECTIONS BANK, GEN CHECK# 926113 926113 926102 926102 926102 926102 TOTAL: PAGE: 9 138 .73 21.45 .68 .23 9.14 0.97 174.20 8/15/2006 8:43 AM )ACKET: 00330 Regular Payments IENDOR SET, 1 'UNO 101 GENERAL JEPARTMENT : 300 PUBLIC WORKS lUDGET TO USE: CB-CURRENT BUDGET TENDOR NAME ITEM # ,=================================================================================================================================== AMOUNT -000161 CANON BUSINESS SOLUTION 1-30470834 I~30540904 -000289 DAN PETERSON SERVICES L I~698 -000293 NICOLAI, LEO / NICOLAI 1-004740 1-D04741 -000294 US SAWS INC 1-114843 -000295 NORTHERN POWER PRODUCTS 1-163653 -02104 ANDERSEN, B.P. & ASSOC. 1-0073062 1-0073089 -02820 ARROW BUILDING CENTER 1-2529275 1-2529892 -03162 AT&T I -AUG 06 I-JULY 06 I-JULY 06 -06385 BOYER FORD TRUCKS 1-28168SAV -08718 CEMSTONE PRODUCTS CO. 1-482557 -10313 COLT ELECTRIC INC. 1-3725 -20130 FASTENAL COMPANY I-MNHAS6016 -20698 FERRELLGAS 1-1860174 1-2064257 -22600 FRANDRUP MASONRY INC. I~AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-300 3200-6206 101~300 3100~6206 101~300~3200~6356 101-300-3200-6240 101-300-3200-6212 101-300-3200-6353 101-300-3200-6353 101-300-3200-6356 101-300-3200-6226 101-300-3200-6240 101-300-3200-6240 101-300-3100-6321 101-300-3100-6321 101-300-3200-6321 101-300-3200-6353 101-300-3200-6353 101-300-3200-6226 101-300-3200-6221 101-300-3200-6216 101-300-3200-6216 101~300~3200~6356 DESCRIPTION DUPLICATING & COPIER USAGE DUPLICATING & COPIER USAGE UPKEEP OF GRO LAWN CARE/JIFFY&912 W 15 SMALL TOOLS & SAW/DUST SUPPRESSION MOTOR FUEL & FILTERS REPAIRS & MAl BLADES I BUSHINGS REPAIRS & MAl ELEC PUMP UPKEEP OF GRO MARKERS STREET SIGNIS SIGNS SMALL TOOLS & WOOD LATH SMALL TOOLS & SUPPLIES TELEPHONE TELEPHONE TELEPHONE LONG DISTANCE LONG DISTANCE LONG DISTANCE REPAIRS & MAl MUDFLAPS REPAIRS & MAl DIAMOND BLADE STREET SIGN/S WIRE SPEED SIGN/HWY 316 EQUIPMENT PAR SUPPLIES CHEMICALS & C PROPANE CHEMICALS & C PROPANE UPKEEP OF GRO GENL SlEVEN PED RAMP CHECK# 926113 926113 926120 926162 926162 926178 926164 926099 926099 926101 926101 926102 926102 926102 926111 926115 926117 926126 926128 926128 926131 PAGE: 10 BANK, GEN 19.35 210.30 137.50 852.00 29.29 191. 51 66.16 602.36 24.22 45.03 75.25 9.60 11.72 0.64 55.09 222.59 1,924.00 17.77 94.36 101. 71 2,975.00 8/15/2006 8:43 AM ?ACKET: 00330 Regular Payments lENDOR SET, ;'UND 101 GENERAL JEPARTMENT, 300 PUBLIC WORKS 3UDGET TO USE: CB~CURRENT BUDGET IENDOR ITEM # NAME -32302 I-STATE TRUCK CENTER I -C242Q09577 01 -41350 KIMBALL MIDWEST 1-888920 -48018 MACQUEEN EQUIPMENT, INC -2065167 1-2065172 -50360 MOTOR PARTS SERVICE CO C-391B 1-4040 1-4054 1-4102 1-4538 -55470 NORTHWEST LASERS INC 1-8100031107 1-8100031193 -61364 PINE BEND PAVING, INC. 1-11206 -62700 PRAXAIR DISTRIBUTION-44 1-781548 -73168 SHERWIN-WILLIAMS C-3663 -4 1-3313-6 -74360 SOS OFFICE FURNITURE 1-78531 -82200 UNITED BUILDING CENTERS C-298822 1-298821 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-300-)200-6353 101-300-3201-6353 101-300-3200-6353 101 300-3200-6353 101-300-3100-6354 101-300-3200 6221 101-300-3200 6221 101-300-3200-6212 101-300-3200-6221 101-300-3100-6204 101-300-3100-6204 101-300-3200-6224 101-300-3200-6216 101 300-3201-6353 10l 300-3201-6353 101-300-3100-6450 101-300-3200-6217 101-300-3200-6217 DESCRIPTION REPAIRS & MAl DIAPHRAGM REPAIRS & MAl PAINT REPAIRS & MAl BELT/ CONVEYOR KIT REPAIRS & MAl BALL JOINT REPAIRS & MAl CORE CR EQUIPMENT PAR REFRIGERANT/SUPPLIES EQUIPMENT PAR BRAKE LINE MOTOR FUEL & BRAKELEEN/FILTERS EQUIPMENT PAR LAMP DRAFTING & SU PAINT DRAFTING & SU PAINT STREET MAINTE LV 4 WEAR CHEMICALS & C OXYGEN / STARGON REPAIRS & MAl PAINT REPAIRS & MAl PAINT MISCELLANEOUS OFFICE CHAIR/BM OTHER GENERAL LATH OTHER GENERAL LATH DEPARTMENT 300 PUBLIC WORKS CHECK#: 926139 926142 926147 926147 926159 926159 926159 926159 926159 926166 926166 926167 926168 926170 926170 926172 926177 926177 TOTAL: PAGE: 11 BANK, GEN AMOUNT 11.63 195.49 551. 21 30.61 5.00- 51.61 8.08 100.34 6.31 41.54 53.08 219.19 136.70 21.49- 89.12 585.75 20.22- 40.45 9,739.85 8/15/2006 8:43 AM ?ACKET: 00330 Regular Payments lENDOR SET, 'UNO 101 GENERAL JEPARTMENT, 401 PARKS & RECREATION 3UDGET TO USE: CB-CURRENT BUDGET lENDOR NAME ITEM # ::::================================================================================================================================ AMOUNT -17799 ELECTRO WATCHMAN, INC I-50047 REGULAR DEPARTMENT PAYMENT REGISTER G / L ACCOUNT NAME 101-401-414)-6310 DESCRIPTION MAINTENANCE C ALARM SERV DEPARTMENT 401 VENDOR SET 101 PARKS & RECREATION GENERAL CHECK# TOTAL: TOTAL: PAGE: 12 BANK: GEN 926124 57.51 57.51 54,936.22 8/15/2006 8:43 AM ?ACKET ; lEllDOR SET, "UND JEPARTMENT, N/A lUDGET TO USE, IENDOR NAME ,=:====~:===============================================================================================~=========================== AMOUNT 00330 Regular payments 200 PARKS NON-DEPARTMENTAL CB-CURRENT BUDGET ITEM # L -94360 YOCUM OIL CO IRC 1-792554 I-792SS9 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 200-401-4101-1501 200-401-4101-1501 DESCRIPTION CHECK# FUEL INVENTOR DIESEL FUEL FUEL INVENTOR UNLEADED FUEL 926185 926185 DEPARTMENT NON-DEPARTMENTAL TOTAL: PAGE: 13 BANK: GEN 919.02 3,766.24 4,685.26 8/15/2006 8:43 AM PACKET: 00330 Regular Payments lfENDOR SET, FUND 200 PARKS DEPARTMENT, 401 PARKS & RECREATION BUDGET TO USE: CB-CURRENT BUDGET iTENDOR NAME ITEM # ==================================================================================================================================== AMOUNT -000161 CANON BUSINESS SOLUTION 1-30540904 -3470833 l -000243 COMMUNITY DREAM TECHNOL I -1264CDT -03162 AT&T I -AUG 06 T -JULY 06 L -03325 AUTO VALUE HASTINGS I -F21008 _ -10313 COLT ELECTRIC INC. 1-3723 -32360 leI PAINTS 1-0092-205275 -34104 IND. SCHOOL DISTRICT #2 I -AUG 06 -44092 LARSON ENGINEERING INC 1-74128 -49343 CENTERPOINT ENERGY I-JULY 06 I-JULY 06 -49400 MIRACLE RECREATION RQUI 1-646289 -52240 NATURE CALLS INC 1-10784 -76750 TERRYS ACE HARDWARE 1-20689 1-20970 -88770 WESTSIDE EQUIPMENT 1-0032076 -96670 ZEE MEDICAL SERVICES 1-54162077 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 200 401-4101-6206 200 401-4101-6206 200~401-4101-6450 200-401-4101-6321 200~401-4101-6321 200-401-4101-6353 200-401-4101-6356 200-401-4101-6356 200-401-4101~6217 200-401-4101-6530 200-401-4101-6345 200-401-4147-6345 200-401-4101-6356 200-401-4101-6365 200-401-4101-6356 200-401-4101-6356 200-401-4147-6350 200-401-4101-6219 DESCRIPTION DUPLICATING & COPIER USAGE DUPLICATING & COPIER USAGE MISCELLANEOUS JULY SUBSCRIPTION/RECREATION TELEPHONE TELEPHONE LONG DISTANCE LONG DISTANCE CHECK# 926113 926113 926118 926102 926102 926106 926117 926140 926141 926144 926116 926116 926153 926161 926174 926174 926182 926186 TOTAL, PAGE: 14 BANK: GEN 0.82 143.87 250.00 0.35 .81 4.59 515.00 371.37 54.15 1.000.00 36.17 48.37 594.05 453.90 .59 2.26 565.14 115.59 -------------------------------~------------------------------------~--~ -------------~~---------~~-----------------~~------ 4,161.03 REPAIRS & MAl PARTS UPKEEP OF GRO HAWKS FIELD/REPAIRS UPKEEP OF GRO FIELD MARKING PAINT OTHER GENERAL JMF SUPPLIES IMPROVEMENTS PAVEMENT REHAB/CONST ADMIN HEAT HEAT HEATlNG/ GAS HEATING/ GAS UPKEEP OF GRO LIONS PARK/ EQUIP RENTAL-MACHIN TOILET RENT UPKEEP OF GRO IRRIGATION / VETS PARK UPKEEP OF GRO IRRIGATION / VETS PARK REPAIRS & MAl FUEL SAFETY VALVES MEDICAL & FIR FIRST AID SUPPLIES DEPARTMEI/T 401 PARKS & RECREATION VENDOR SET 200 PARKS TOTAL: 8,846.29 8/15/2006 8,43 AM PACKET: VENDOR SET, PUND 201 JEPARTMENT, 401 3UDGET TO USE, 00330 Regular Payments AQUATIC CENTER PARKS & RECREATION CB - CURRENT BUDGET JENDOR ITEM # NAME l -02700 AQUA LOGIC, INC. 1-29162 1-29188 l ~O3162 AT&T I -AVG 06 I-JULY 06 L -13350 DIPFIN DOTS, INC. 1-587335 1-587341 -20690 FERGUSON ENTERPRISES IN 1-882648 -21395 1ST LINE BEVERAGES INC. 1-61629 1-61745 -49310 MIDWEST COCA-COLA BTLG 1-68424210 -49343 CENTERPOINT ENERGY I-JULY 06 -85485 VISTAR CORPORATION 1-18943146 1-18987149 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 BANK; GEN G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 201-401-4240-6216 201-401-4240-6216 CHEMICALS & C CHEMICALS CHEMICALS & C REPAIR CHLORINE FEEDER 926100 926100 2,511-09 300.00 201 401 4240-6321 201 401 4240-6321 TELEPHONE TELEPHONE LONG DISTANCE LONG DISTANCE 926102 926102 4.56 6.44 201-401-4246-6254 201-401-4246-6254 COST OF MERCH CASES COST OF MERCH 9 CASES 926121 926121 472.50 675.00 201-401-4240-6214 RECREATION SU URINAL KITS 926127 591.04 201-401~4246-6254 COST OF MERCH CONCESSION SUPPLIES 926129 490 .25 201-401-4246-6254 COST OF MERCH CONCESSION SUPPLIES 926129 558.85 201-401-4246-6254 COST OF MERCH CONCESSION SUPPLIES 926152 176_13 201-401-4240-6345 HEAT HEATINGI GAS 926116 3,877.61 201-401-4246-6254 COST OF MERCH CONCESSION SUPPLIES 926179 29.10 201-401-4246-6254 COST OF MERCH CONCESSION SUPPLIES 926179 1,583.16 DEPARTMENT 401 PARKS & RECREATION TOTAL: 11,275.73 VENDOR SET 201 AQUATIC CENTER TOTAL: 11,275.73 8/15/2006 8,43 AM ?ACKET: 00330 Regular Payments IENDOR SET: :;'UND 210 HERITAGE PRESERVATION JEPARTMENT, 170 HERITAGE PRESERVATION lUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER lENDOR ITEM #: NAME L -000161 CANON BUSINESS SOLUTION 30540904 1-30540904 -03162 AT&T I-AUG 06 I-JULY 06 -26730 GRAPHIC DESIGN 1-34419 G/L ACCOUNT NAME 210-170-1702-6206 210-170-1704 6206 210 170 1704-6321 210 170 1704-6321 210-170-1702-6336 DESCRIPTION DUPLICATING & COPIER USAGE DUPLICATING & COPIER USAGE TELEPHONE LONG DISTANCE TELEPHONE LONG DISTANCE OTHER PUBLISH SESQ'L BROCHURES DEPARTMENT 170 HERITAGE PRESERVATION VENDOR SET 210 HERITAGE PRESERVATION PAGE: 16 BANK, GEN CHECK#: 926113 926113 926102 926102 926134 TOTAL: TOTAL: AMOUNT 11.45 24.16 2.39 0.68 372.75 411.43 411.43 8/15/2006 8,43 AM PACKET: 00330 Regular Payments JENDOR SET: ?UND 213 FIRE & AMBULANCE JEPARTMENT: 210 FIRE 3UDGET TO USE: CB-CURRENT BUDGET IENDOR NAME ITEM # ==================================================================================================================================== AMOUNT l -000161 CANON BUSINESS SOLUTION 1-30470836 -03162 AT&T I -AVG 06 I-JULY 06 _ ~20130 FASTENAL COMPANY I-MNHAS5988 -28000 H & H INDUSTRIES INC. 1-443506 -49343 CENTERPOINT ENERGY I-JULY 06 ~50360 MOTOR PARTS SERVICE CO 1-4413 -53310 NIEBUR IMPLEMENT CO 1-75458 -76750 TERRYS ACE HARDWARE I~21510 -84070 HAGEMAYER NORTH AMERICA 1-8745900 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 213-210-2100-6206 213-210-2100-6321 21)-210-2100-6321 213-210-2100-6240 213-210-2100-6217 213-210-2100-6345 213-210-2100-6221 213-210~2100-6221 213-210-2100~6221 213-210-2100-6216 DESCRIPTION DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE LONG DISTANCE LONG DISTANCE SMALL TOOLS & STATION SUPPLIES OTHER GENERAL LIGHT BULBS HEAT REA TING / GAS EQUIPMENT PAR CLAMP EQUIPMENT PAR CARB EQUIPMENT PAR SHIPPING CHEMICALS & C GAS / OXY/ HESI PENTANE DEPARTMENT 210 FIRE CHECK# 926113 926102 926102 926126 926135 926116 926159 926163 926174 92613 6 TOTAL: PAGE: 17 BANK, GEN 302.71 3.60 15.40 42.42 218.45 82.88 1. 00 170.28 16.18 288.06 1,140.98 B/15/2006 B,43 AM )ACKET: rENDOR SET, '1JND 00330 Regular Payments 213 FIRE & AMBULANCE JEPARTMENT: 220 IUDGET TO USE, AMBULANCE CB-CURRENT BUDGET TENDOR NAME ITEM # :=================================================================================================================================== AMOUNT -05781 BLUE CROSS & BLUE SHIEL I~20060178 1-20061066 1-20061093 -48720 MEDTRONIC PHYSIO-CONTRO I-PC878292 -55430 NORTHERN SAFETY TECHNOL 1-11000 -62700 PRAXAIR DISTRIBUTION-44 1-782736 -68682 REGINA MEDICAL CENTER JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G I L ACCOUNT NAME 213-220-2200-6460 213-220-2200-6460 21)-220-2200-6460 213-220-2200-6216 213-220-2200-6221 21)-220-2200-6216 213-220-2200-6216 DESCRIPTION CHECK# REFUNDS-AMBUL REFUND OVERPAY REFUNDS-AMBUL REFUND OVERPAY REFUNDS-AMBUL REFUND OVERPAY 926110 926110 926110 CHEMICALS & C MED SUPPLIES 926150 EQUIPMENT PAR COMBO MOD 926165 CHEMICALS & C OXYGEN 926168 CHEMICALS & C AMBULANCE MEDS 926169 DEPARTMENT 220 AMBULANCE TOTAL, VENDOR SET 213 FIRE & AMBULANCE TOTAL: PAGE: 18 BANK, GEN 73.00 711.96 0.21 922.64 129. 58 111.93 80.55 2,029.87 3,170.85 8/15/2006 8:43 AM )ACKET: 00330 Regular Payments 'ENDOR SET, 'UND 220 LE DUe lEPARTMENT, 450 LEDUC JUDGET TO USE, CB-CURRENT BUDGET 'ENDOR NAME ITEM # .----------------------------------------------------------------------------------------------------------------------------------- .----------------------------------------------------------------------------------------------------------------------------------- AMOUNT -49343 CENTERPOINT ENERGY I -JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 220-450-4160-6345 DESCRIPTION CHECK# HEAT HEATING/ GAS DEPARTMENT 450 LEDUC TOTAL, VENDOR SET 220 LE Due TOTAL, PAGE: 19 BANK; GEN 926116 38.04 38.04 38.04 8/15/2006 PACKET: VENDOR SET, FUND 401 JEPARTMENT, 401 3t1DGET TO USE; JENDOR NAME ==:================================================================================================================================= AMOUNT 8:43 AM 00330 Regular Payments REGULAR DEPARTMENT PAYMENT REGISTER PARKS CAPITAL PROJECTS PARKS & RECREATION CB-CURRENT BUDGET ITEM # -04126 BARR ENGINEERING CO. 1-2319960 4 elL ACCOUNT NAME 401-401-4115-6450 DESCRIPTION MISCELLANEOUS LAKE ISABEL/PROF DEPARTMENT 401 VENDOR SET 401 PARKS & RECREATION PARKS CAPITAL PROJECTS BANK; GEN CHECK# 926107 TOTAL, TOTAL: PAGE: 20 6,936.39 6,936.39 6,936.39 8/15/2006 PACKET: VENDOR SET, FUND 402 JEPARTMENT, 500 3UDGET TO USE: {ENDOR NAME 8:43 AM 00330 Regular Payments REGULAR DEPARTMENT PAYMENT REGISTER DOWNTOWN TIF HOUSING & REDEVELOPMENT CB ~ CURRENT BUDGET ITEM # 1 -89350 WILSON DEVELOPMENT SERV 1-20651 G/L ACCOUNT NAME 402-500~6007-6311 DESCRIPTION CHECK# EXPERT & CONS RELOCATION SERV/UBC DEPARTMENT 500 VENDOR SET 402 HOUSING & REDEVELOPMENT TOTAL: DOWNTOWN TIF TOTAL: PAGE: 21 BANK: GEN 926183 AMOUNT 113.00 113.00 113.00 8(15(2006 9,43 AM ?ACKET; 00330 Regular Payments IENDOR SET: 1 REGULAR DEPARTMENT PAYMENT REGISTER !UND 404 HRA REDEVELOPMENT JEPARTMENT: 500 JUDGET TO USE: HOUSING & REDEVEWPMENT CB - CURRENT BUDGET lENDOR ITEM # ==================================================================================================================================== AMOUNT NAME L -000136 HDR ENGINEERING INC I-M-176-487 -000161 CANON BUSINESS SOLUTION 1-30540904 -03162 AT&T r -ADG 06 I-JULY 06 G/L ACCOUNT NAME 404-500-6108-6319 404-500-6003-6206 404 500-6003-6321 404 500 6003-6321 DESCRIPTION OTHER PROFESS QUIET ZONE FEASIBILITY SBRV DUPLICATING & COPIER USAGE TELEPHONE TELEPHONE DEPARTMENT 500 VENDOR SET 404 LONG DISTANCE LONG DISTANCE CHECK# 926138 926113 926102 926102 HOUSING & REDEVELOPMENT TOTAL: HRA REDEVELOPMENT TOTAL: PAGE: 22 BANK: GEN 1,797.25 22.43 0.80 .40 1,826.88 1,826.98 8/15/2006 8,43 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 23 ?ACKET: 00330 Regular Payments lENDOR SET, ?UND 407 INDUSTRIAL PARK CONST JEPARTMENT, 180 JUDGET TO USE, ECONOMIC DEVELOPMENT CB-CURRENT BUDGET BANK, GEN TENDOR NAME ITEM # G / L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ==================================================================================================================================== -03162 AT&T I -AUG 06 407-180-1502~6321 TELEPHONE LONG DISTANCE 926102 13 .26 I-JULY 06 407-180-1502-6321 TELEPHONE LONG DISTANCE 926102 29 .74 -21886 FLUEGEL & MOYNIHAN PA 1-26398 407-180-1502-6304 LEGAL FEES SALE/IND PK PROP TO A MILLER 926130 847.20 -94250 YAGGY COLBY ASSOCIATES 1-67095 407-180-1502-6590 CONTRACTORS & GEMSTARj MIN SUB 926184 1,553.00 DEPARTMENT 180 ECONOMIC DEVELOPMENT TOTAL: 2,443.20 VENDOR SET 407 INDUSTRIAL PARK CONST TOTAL: 2,443.20 8/15/2006 8043 AM ?ACKET: 00330 Regular Payments IENDOR SET 0 <'tJND 4 95 JEPARTMENT: 300 3.UOGET TO USE: IENDOR NAME ~=~================================================================================================================================= AMOUNT REGULAR DEPARTMENT PAYMENT REGISTER 2005 IMPROVEMENT PROJECTS PUBLIC WORKS CB-CURRENT BUDGET ITEM # G/L ACCOUNT NAME _ -16330 E & G CONSULTING IHe 1-2006-2 JULY 495-300-3612-6311 PROJ: 29 -Fund 495 2005 Street Improvements PAGE; 24 BANK: GEN DESCRIPTION CHECK# EXPERT & CONS CONSULTING 2005 Street Improvements 926122 DEPARTMENT 300 PUBLIC WORKS TOTAL: VENDOR SET 495 2005 IMPROVEMENT PROJECTSTOTAL: 170.00 170.00 170.00 8/15/2006 8,43 AM ?ACKET: 00330 Regular Payments IENDOR SET, ;ouND 496 lEPARTMENT, 300 lUDGET TO USE, REGULAR DEPARTMENT PAYMENT REGISTER 2006 IMPROVEMENT PROJECTS Public Works CB-ClJRRENT BUDGET TENDQR ITEM # G/L ACCOUNT NAME NAME -06728 BRAUN INTERTEC 1-264703 PROJ: 041-496 496-300 3613-6311 3rd Street Area -16330 E & G CONSULTING INC 2006-2 JULY 496-300-3613-6311 PROJ: 041-496 3rd Street Area -49397 MN DEPARTMENT OF HEALTH I-COMMERCE DRIVE 496-300-3613-6311 PROJ: 043-496 Commerce Drive I-NO FR ROAD 496-300-3613-6311 PROJ: 042-496 North Frontage Road DESCRIPTION EXPERT & CONS CONSTRUCTION TESTING SERV 2006 Construction EXPERT & CONS CONSULTING 2006 Construction EXPERT & CONS MDH PERMIT 2006 Construction EXPERT & CONS 06-2 PERMIT 2006 Construction DEPARTMENT 300 Public Works VENDOR SET 496 CHECK# 926112 926122 926155 926156 TOTAL: 2006 IMPROVEMENT PROJECTSTOTAL: PAGE: 25 BANK: GEN AMOUNT 1,882.50 10,200.00 150.00 150.00 12,382_50 12,382_50 8/15/2006 8:43 AM PACKET: 00330 Regular Payments /ENDOR SET: REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 26 FUND 600 WATER 3EPARTMENT: 300 3UDGET TO USE: PUBLIC WORKS CB-CURRENT BUDGET BANK: GEN IENDOR NAME ITEM # G/L ACCOUNT NAME DESCRI PTI ON CHECK# AMOUNT 1 -000161 CANON BUSINESS SOLUTION 1-30470834 600-300-3300-6206 DUPLICAT1NG [. COPIER USAGE 926113 19.35 1-30540904 600-300-3300-6206 DUPLICATING & COPIER USAGE 926113 10.83 l -03162 AT&T 1-AUG 06 600-300-3300-6321 TELEPHONE LONG DISTANCE 926102 3.25 I-JULY 06 600-300-3300-6321 TELEPHONE LONG DISTANCE 926102 2.49 l -10313 COLT ELECTRIC INC. I~3724 600-300-3300-6350 REPAIRS & MAl MOTOR REPLACEMENT 926117 118.68 L -16343 ECOLAE PEST ELIM.DIVIS! 1-6135557 600-300~3300-6310 MAINTENANCE C ODOR UNITS 926123 104.90 -2'6336 GOPHER STATE ONE-CALL I 1-6070432 600-300-3300-6318 SERVICE FOR L LOCATES 926133 516.20 -26730 GRAPHIC DES I GN 1-34582 600-300-3300-6202 PRINTED FORMS INSERTING STATEMENTS 926134 287.13 -28150 HASTINGS FORD-JEEP-E:AGL 1-72491 600-300-3300-6354 REPAIRS & MAL BRAKE PADS 926137 47.35 -49343 CENTER POINT ENERGY I-JULY 06 600~300~3300-6345 HE:AT HEATING/ GAS 926116 135.81 -73168 SHERWIN-WILLIAMS 1-7415-5 600~300-3300-6357 REPAIRS & MAT PAINT 926170 40.05 -74312 SOLBERG AGGREGATE COMPA 1-4627 600~300~3300-6590 CONTRA.CTORS & WE:LL US SELECT BORROW 926171 78.82 -79578 TWIN CITY WATER CLINIC 1-2824 600-300-3300-6312 TESTING SERVI BACTERIA ANALYSIS JULY 926175 200.00 DEPARTMENT 300 PUBLIC WORKS TOTAL: 1,564.86 VENDOR SET 600 WATER TOTAL: 1,564.86 8/t5/2006 8,43 AM PACKET: 00330 Regular Payments IENDOR SET; ~UND 601 JEPARTMENT; 300 3UDGET TO USE: IENDOR NAME WASTEWATER PUBLIC WORKS CB-CURRENT BUDGET ITLM # 1 -49343 CENTERPOINT ENERGY I-JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 601-300-3400-6345 HEAT DEPARTMENT 300 VENDOR SET 601 DESCRIPTION CHECK# HEATING/ GAS PUBLIC WORKS TOTAL: WASTEWATER TOTAL: PAGE: 27 BANK: GEN 926116 AMOUNT 53.95 53.95 53.95 8/15/2006 8,'3 AM ?ACKET: /oNDOR SoT, ;>UND 610 JEPARTMENT, 107 mDGEr TO USE: REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 28 00330 Regular Payments TRANSIT CrTY CLERK CB-CURRENT BUDGET BANK, GEN TENDOR NAME ITEM #- G/L ACCOUNT NAME DESCRIPTION CHECK>> AMOUNT ,=================================================================================================================================== -00016t CANON BUSINESS SOLUTION 1-30540904 610-107-1073-6206 DUPLICATING & COPIER USAGE 926113 16.79 DEPARTMENT 107 CITY CLERK TOTAL: 16.79 .----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 610 TRANSIT TOTAL: 16.79 B1l5/2006 8:43 AM >ACKET: 00330 Regular Payments TENDOR SET: :UND 615 ARENA lEPARTMENT: 401 PARKS & RECREATION lODGET TO USE: CB-CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 29 BANK: GEN rENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT =================================================================================================================================== -000161 CANON BUSINESS SOLUTION T-30540904 615-401-4103-6206 DUPLICATING & COPIER USAGE -03162 AT&T !-AUG 06 615-401-4103-6321 TELEPHONE LONG DISTANCE I-JULY 06 615-401-4103-6321 TELEPHONE LONG DISTANCE -04652 BECKER ARENA PRODUCTS, I C-HASOOl 615-401-4103-6350 REPAIRS &. MAL CREDIT FORWARD 1-57052 615-401-4103-6217 OTHER GENERAL GOAL NET S 1-57052 615-401-4103-6350 REPAIRS & MAl RUBBER FLOORING 1-57065 615-401-4103-6350 REPAIRS & MAl MAT ADHESIVE -49343 CENTERPOINT ENERGY I-JULY 06 615-401-4103-6345 HEAT HEATING! GAS 926113 15.07 926102 1.42 926102 4.19 926109 190.28- 926109 261. 99 926109 1,576.41 926109 159.75 926116 79.36 DEPARTMENT 401 PARKS & RECREATION TOTAL: 1,907.91 ----------------------------------------------------------------------------------------------------------------------------------- VENDOR SET 615 ARENA TOTAL: 1,907.91 8/15/2006 'ACKET: 'ENDOR SET: .'UND )EPARTMENT: 300 JUDGET TO USE: 'ENDOR NAME -03162 AT&T 8:43 AM 00330 Regular Payments 620 HYDRO ELECTRIC PUBLIC WORKS CB-CURRENT BUDGET ITEM # I-AUG 06 I-JULY 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 620-300-3500-6321 620-300-3500-6321 TELEPHONE TELE PHONE DEPARTMENT 300 VENDOR SET 620 DESCRIPTION LONG DISTANCE LONG DISTANCE PUBLIC WORKS HYDRO ELECTRIC PAGE: BANK: GEN CHECK# 926102 926102 TOTAL: TOTAL: 30 AMOUNT 0.00 0.00 0.00 0_00 8/15/2006 8:43 AM ?ACKET: 00330 Regular Payments IENDOR SET: ?,UND 804 ESCROW - LETTER OF CREDIT JEPARTMENT: N/A NON-DEPARTMENTAL mDGET TO USE: CB-CURRENT BUDGET TENDOR ITEM It NAME ~l MISCELLANEOUS VENDOR WASTE MANAGEMENT I-ESCROW REL REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 304-600-6012-2010 DESCRIPTION ACCOUNTS PAYA WASTE MANAGEMENT: PARTIAL DEPARTMENT VENDOR SET 804 NON-DEPARTMENTAL PAGE: 31 BANK: GEN CHECK# AMOUNT 926181 4,000.00 TOTAL: 4,000.00 ESCROW - LETTER OF CREDITTOTAL: 4,000.00 8/15/2006 8:43 AM PACKET: 00330 Regular Payments vENDOR SET: REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 32 E'UND 807 ESCROW - DEV/ENG/TIF-HRA DEPARTMENT: N/A 3UDGET TO USE: NON-DEPARTMENTAL CB-CURRENT BUDGET BANK: GEN IENOOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 1 -04630 BDM CONSULTING ENGINEER 1-307672 807-150-1544-2024 WEST VIEW PAC WF,STVIEW PACKAGING 926t08 240.00 1-307684 807-150-1560-2024 MIDWEST PRODU MIDWEST PROD 926108 125.00 1-307690 807-150-1564-2024 MILLER ELECTR MILLER ELED 926108 625.00 1-307695 807-150-1569-2024 KENNEDY SCHOO KENNEDY ELEM 926108 195.00 DEPARTMENT NON-DEPARTMENTAL TOTAL: 1,185.00 VENDOR SET 807 ESCROW - OEV/ENG/TI~-HRA TOTAL: 1,185.00 8/15/2006 8;43 AM ?ACKET: 00330 Regular Payments lENDOR SET: ?UND JEPARTMENT: N/A lODGET TO USE: rENDOR NAME REGULAR DEPARTMENT PAYMENT REGISTER 999 POOLED CASH FUND NON-DEPARTMENTAL CB-CURRENT BUDGET ITEM It -49500 MN CHILD SUPPORT PMT CT 1-6 200608090233 1-6 200608090233 G/L ACCOUNT NAME 999-000-0000-~196 999-000-0000-2196 DESCRIPTION OTHER DEDUCT I PUCH/00138614701 000071897601 OTHER DEDUCT1 CONNELL 0014354527 DEPARTMENT NON-DEPARTMENTAL VENDOR SET 999 POOLED CASH FJND REPORT GRAND TOTAL: CHECK# 926154 926154 TOTAL; TOTAL: PAGE: 33 BANK: GEN AJ:>10UNT 460.54 251. 96 712.50 712.50 111,991.54 8/17/2006 11,26 AM PACKET: 00333 Regular Payments vENDOR SET: ?UND JEPARTMENT, N/A 3UDGET TO USE: IENDOR NAME ~=================================================================================================================================== AMOUNT 101 GENERAL NON-DEPARTMENTAL CB-CURRENT BUDGET ITEM # L -12712 DELTA DENTAL PLAN OF MI I -AUG 06 -49411 MINNESOTA MUTUAL I-AUG 06 I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-000-0000-2192 101-000-0000-2191 101-000-0000 2191 VI-l DESCRIPTION CHECK# DENTAL INSURA PREMIUM SUPPLEMENTAL SUPPLEMENTAL DEPARTMENT 000000 MN LIFE INS MN LIFE INS 000000 000000 NON-DEPARTMENTAL TOTAL, PAGE: BANK: GEN 2,506.65 1,330.00 22.50 3,859.15 8/17/2006 11,26 AM PACKET: 00333 Regular Payments VENDOR SET, FUND DEPARTMENT, 102 BUDGET TO USE, \fENDOR NAME :==~================================================================================================================================ AMOUNT 101 GENERAL COUNCIL & MAYOR CB-CURRENT BUDGET ITEM #I: 1 -49411 MINNESOTA MUTUAL I-AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-102-1021-6133 DESCRIPTION CHECK# EMPLOYER PAID MN LIFE INS DEPARTMENT 102 COUNCIL & MAYOR TOTAL: PAGE: BANK: GEN 000000 2 84.38 84.38 8/17/2006 11:26 AM JACKET: IENDOR SET, ~UND lEPARTMENT, 105 tUDGET TO USE, 'ENDOR NAME 00333 Regular Payments 101 GENERAL ADMINISTRATION CB-CURRENT BUDGET ITEM # -49411 MINNESOTA MUTUAL I -AUG 06 ~52736 NEOPOST LEASING I - 4 2 8 94 6 3 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-105-1051-6133 101-105-1051-6310 DESCRIPTION EMPLOYER PAID MN LIFE INS MAINTENANCE C MAIL MACHINE LEASE DEPARTMENT 105 ADMINISTRATION PAGE: BANK: GEN CHECK# 000000 000000 TOTAL: AMOUNT 37.50 231.58 271.08 8/17/2006 11,26 AM >ACKET: 00333 Regular Payments 'ENDOR SET, "mID 101 GENERAL JEPARTMENT: 107 IUDGET TO USE, 'ENDOR NAME CITY CLERK CB-CURRENT BUDGET ITEM # -49411 MINNESOTA MUTUAL I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-107-1071-6133 DESCRIPTION CHECK# EMPLOYER PAID MN LIFE INS DEPARTMENT 107 CITY CLERK TOTAL: PAGE: BANK, GEN 000000 4 AMOUNT 8.25 8.25 O/~I/~UUb 11:~b AM PACKET: VENDOR SET: 00333 Regular Payments 1 FUND 101 DEPARTMENT: 120 BUDGET TO USE, GENERAL FINANCE CB-CURRENT BUDGET VENDOR NAME ITEM # ==================================================================================================================================== AMOUNT 1 -34134 INCODE / CMS DIVISION 1-46236 1 -44020 LADENS BUSINESS MACHINE 1-4892 1 -49411 MINNESOTA MUTUAL I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G!L ACCOUNT NAME 101-120-1201-6310 101-120-1201-6450 101-120-1201-6133 BANK: GEN DESCRIPTION CHECK# MAINTENANCE C AUG PUB!INQ 000000 MISCELLANEOUS CURRENCY UPGRADE CHIP 000000 EMPLOYER PAID MN LIFE INS 000000 DEPARTMENT 120 FINANCE TOTAL: PAGE: 5 288.00 145.37 37.50 470.87 8/17/2006 11:26 AM ?ACKET: 00333 Regular Payments JENDOR SET, 'UND 101 GENERAL lEPARTMENT, 14 0 MAINTENANCE CB-CURRENT BUDGET 3UDGET TO USE: TENDOR ITEM # NAME -000297 DEWALL, DENISE I -AUG 06 -10716 CRAMER BLDG SERVICE l-MC005574 I-SVC013179 -12074 DAKOTA ELECTRIC ASSN I-AUG 06 -49411 MINNESOTA MUTUAL I-AUG 06 -75145 KURT STOUDT I-AUG 06 -92700 XCEL ENERGY I-AUG 06 I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-140-1401-6218 101-140-1401-6310 101-140-1403-6353 101-140-1403-6343 101-140-1401-6133 101-140-1401-6218 101-140-1404-6343 101-140 1403-6343 DESCRIPTION CLOTHING & BA UNIFORMS MAINTENANCE C CHILLER MAINT/CH & PD REPAIRS & MAl REPLACE COMPRESSOR #2 CHILLR LIGHT & POWER ELECTRIC SERVICE EMPLOYER PAID MN LIFE INS CLOTHING & BA UNIFORMS LIGHT & POWER ELEC SERVICE LIGHT & POWER ELEC SERVICE DEPARTMENT 140 MAINTENANCE CHECK#- 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: BANK, GEN AMOUNT 143.74 315.00 22,606.54 20.97 12.50 142.21 1,605.18 3,889.89 28,736.03 tj/1'I/:LUUb 11:26 AM PACKET: 00333 Regular Payments JENDOR SET: ?UND 101 JEPARTMENT, 150 3UDGET TO USE: JENDOR NAME :=================================================================================================================================== AMOUNT GENERAL PLANNING CB-CURRENT BUDGET ITEM # l -49411 MINNESOTA MUTUAL I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-150-1501-6133 DESCRIPTION CHECK# EMPLOYER PAID MN LIFE INS DEPARTMENT 150 PLANNING TOTAL: PAGE: 7 BANK, GEN 000000 36.88 36.88 8/17/2006 11:26 AM 'ACKET: 00333 Regular Payments 'ENDOR SET, IUND 101 )EPARTMENT: 160 IUDGET TO USE: 'ENDOR NAME GENERAL 1. T. CB CURRENT BUDGET ITEM # ~34180 INSIGHT PUBLIC SECTOR -110370662 110371710 -49411 MINNESOTA MUTUAL I -AVG 06 -84640 VENTURE SYSTEMS INC 1-154746 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-160-1601-6571 101-160-1601-6571 101-160-1601-6133 101-160-1601-6311 DESCRIPTION NON CAPITAL C GHOST SUITE MEDIA NON CAPITAL C GHOST SUITE EMPLOYER PAID MN LIFE INS EXPERT & CONS CONSULT/FIBER INSTALL DEPARTMENT 160 1. T. BANK: GEN CHECK# 000000 000000 000000 000000 TOTAL: PAGE: 8 AMOUNT 16.53 1,937.66 25.00 37.50 2,016.69 8/17/2006 11:26 AM 'ACKET: 00333 Regular Payments 'ENDOR SET, 1 :uND 101 >EPARTMENT, 201 lllDGET TO USE, GENERAL POLICE CB~CURRENT BUDGET 'ENDOR ITEM # ;=================================================================================================================================== AMOUNT NAME -12074 DAKOTA ELECTRIC ASSN -AUG 06 ~AUG 06 -24072 GALLS, INC. -W10486160001 -WI0486160002 -29300 HICKS WAYNE I -AUG 06 -31200 HUNTINGTON TECHNICAL SE I-N577124 -49411 MINNESOTA MUTUAL I-AUG 06 -52010 NATL ASSN OF TOWN WATCH I -2966 -63215 PUCE, CRAIG I-AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-201-2016-6343 101-201-2016-6343 101-201 2010-6218 101-201 2010-6218 101-201-2012-6331 101-201-2010-6311 101-201-2010-6133 101-201-2012-6331 101-201-2010-6323 DESCRIPTION LIGHT & POWER ELECTRIC SERVICE LIGHT & POWER ELECTRIC SERVICE CLOTHING & BA V SCHARFE/UNIFORMS CLOTHING & BA V SCHARFEI UNIFORMS ADVERTISING-P REIMBURSE 1 NIGHT OUT ITEMS EXPERT & CONS REPAIR ELEC EXIT GATE EMPLOYER PAID MN LIFE INS ADVERTISING-P NIGHT OUT ITEMS CONFERENCE & EXPENSE REIMBURSE DEPARTMENT 201 POLICE CHECK# 000000 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: 9 BANK: GEN 11. 46 109.B8 224.27 342.10 22.33 422.82 375.00 1,255.28 78.90 2,842.04 O/~IILVVO ~~:~O ~~ PACKET: 00333 Regular Payments VENDOR SET~ REGULAR DEPARTMENT PAYMENT REGISTER FUND 101 DEPARTMENT: 230 BUDGET TO USE: vENDOR NAME ~:::::::::::::::==================================================================================================================== AMOUNT GENERAL BUILDING & INSPECTIONS CB-CURRENT BUDGET ITEM # l -34198 INTL CODE COUNCIL INC 1-183697 l -49411 MINNESOTA MUTUAL I -AUG 06 AUG 06 G/L ACCOUNT NAME 101-230-2301-6323 101-230-2301-6133 lOl-230~2302-6133 DESCRIPTION CONFERENCE & BAKKEN/ CONF EMPLOYER PAID MN LIFE INS EMPLOYER PAID MN LIFE INS DEPARTMENT 230 BUILDING & INSPECTIONS PAGE: 10 BANK: GEN CHECK# 000000 000000 000000 TOTAL: J 90.00 62.50 12.50 465.00 8/17/2006 11:26 AM ?ACKET: 00333 Regular Payments IENDOR SET, 1 "UND 101 GENERAL JEPARTMENT: 300 PUBLIC WORKS ~UDGET TO USE; CB-CURRENT BUDGET IENDOR ITEM # NAME l -12052 DAKOTA COUNTY TECH COLL I -J JOHNSON l -12074 DAKOTA ELECTRIC ASSN I -AUG 06 -16966 NICHOLAS EGGER -AUG 06 -26730 GRAPHIC DESIGN 1-34762 -36021 J-CRAFT me 1-39962 -49411 MINNESOTA MUTUAL I-AUG 06 I-AUG 06 -50328 MONTGOMERY, THOMAS I~AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-300-3200-6323 101-300-3201-6343 101-300-3100-6323 101-300-3100-6217 101-300-3200-6580 101-300-3100-6133 101-300-3200-6133 101-300-3100-6324 DESCRIPTION CONFERENCE & VEHICLE INSP TRAINING LIGHT & POWER ELECTRIC SERVICE CONFERENCE & CONF REG OTHER GENERAL CAVEN BUSINESS CARDS EQUIPMENT TRUCK BOX EMPLOYER PAID MN LIFE INS EMPLOYER PAID MN LIFE INS MILEAGE MILEAGE REIMBURSE DEPARTMENT 300 PUBLIC WORKS CHECK#: 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: 11 BANK, GEN AMOUNT 150.00 2,016.96 540.00 62.84 16,694.48 81.00 121.25 150.94 19,817.47 8/17/2006 11:26 AM lACKET: 00333 Regular Payments IENDOR SET, 71JND 101 JEPARTMENT, 401 mnGET TO USE: rENDOR NAME GENERAL PARKS & RECREATION CB-CURRENT BUDGET ITEM U ~49411 MINNESOTA MUTUAL I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 101-401-5002-6133 DESCRIPTION EMPLOYER PAID MN LIFE INS DEPARTMENT 401 VENDOR SET 101 PARKS & RECREATION GENERAL PAGE: 12 BANK, GEN CHECK#: AMOUNT 000000 6.25 TOTAL: 6.25 TOTAL: 58,614.09 8/17/2006 11:26 AM ?ACKET: 00333 Regular Payments IENDOR SET, ?UND 200 JEPARTMENT, N/ A JUDGET TO USE, TENDOR NAME REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PARKS NON-DEPARTMENTAL CB-CURRENT BUDGET ITEM # -1 MISCELLANEOUS VENDOR JEAN HOEFT -HOEFT REFUND JANET AMBRIGHT -RENTAL REFUND JANET AMBRIGHT I-RENTAL REFUND G / L ACCOUNT NAME 200-401-4101-5830 200-401-4101-5441 200-401-4101-2041 BANK: GEN DESCRIPTION CHECK# OTHER-UNCLASS JEAN HOEFT:CONDUCT FEE REF 000000 PARK FEES JANET AMBRIGHT:PARK RENTAL REF 000000 SALES TAX PAY JANET AMBRIGHT.PARK RENTAL REF 000000 DEPARTMENT NON-DEPARTMENTAL TOTAL: AMOUNT 50.00 25.00 .63 76.63 8/17/2006 11,26 AM PACKET: D0333 Regular Payments VENDOR SET, FUND 200 PARKS )EPARTMENT, 401 PARKS & RECREATION 3UDGET TO USE; CB-CURRENT BUDGET JENDQR NAME ITEM # l -000296 ALL STAR SPORTS INC 1-23719 l -49400 MIRACLE RECREATION EQUI 1-645483 _ -49411 MINNESOTA MUTUAL I -AUe 06 -53395 NINE EAGLES PROMOTIONS 1-12011 -73168 SHERWIN-WILLIAMS 1-7491 -73974 SMITH KEVIN I-AVG 06 -76750 TERRYS ACE HARDWARE -21168 -21255 -21648 -21732 -78750 THE TREE HOUSE 1-135697 -82230 UNIVERSITY OF MINNESOTA I-TREE INSPECTOR -92700 XCEL ENERGY I-AVG 06 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 BANK: GEN G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 200-401-4101-6214 RECREATION SU SOFTBALL T-SHIRTS 000000 1,198.50 200-401-4101-6356 UPKEEP OF GRG VETS PARK PLAYGROUND 000000 187.44 200-401-4101-6133 EMPLOYER PAID MN LIFE INS 000000 81. 25 200~401-4101-6218 CLOTHING & BA TESSIER/ UNIFORMS 261. 00 000000 200-401-4101-6356 UPKEEP OF GRO VETS PARK/PAINT 77.91 000000 200-401-4101-6240 SMALL TOOLS & REIMBURSE/SUPPLIES 93.19 000000 200'401-4101-6356 UPKEEP OF GRO SUPPLIES 000000 5.30 200-401~4101-63S6 UPKEEP OF GRO HEATER HOSE 000000 3.81 200-401-4101-6356 UPKEEP OF GRO SUPPLIES 000000 19.44 200~401~4101-63S3 REPAIRS & MAr SUPPLIES 000000 14.13 200-401-4101-6356 UPKEEP OF GRO HOLMSTRUP ARBORVITAES 000000 59.64 200-401-4101-6323 CONFERENCE & RECERT / LIKES & STEVENS 000000 170.00 200-401-4147-6343 LIGHT & POWER ELEC SERVICE 000000 929.00 DEPARTMENT 401 PARKS & RECREATION TOTAL; 3,100.61 VENDOR SET 200 PARKS TOTAL: 3,177.24 8/17/2006 11:26 AM JACKET: fENDOR SET, 'UN]) lEPARTMENT, N/A IUDGET TO USE: 'ENDOR NAME 00333 Regular Payments 201 AQUATIC CENTER NON-DEPARTMENTAL CB-CURRENT BUDGET ITEM If GWEN KREHBIEL ~l MISCELLANEOUS VENDOR I-SYDOW TRISH SYDOW I-KREHBIEL REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 201 401-4242-5475 201 401-4242-5475 PAGE: 15 BANK: GEN DESCRIPTION CHECK# LESSONS-SWIMM GWEN KREHBIEL:SWIM LESSON REF 000000 LESSONS-SWIMM TRISH SYDOW:SWIM LESSON REF 000000 DEPARTMENT NON-DEPARTMENTAL TOTAL: AMOUNT 30 _ 00 72.00 102.00 8/17/2006 11,26 AM JACKET: 00333 Regular Payments IENDOR SET, ?tJND 201 AQUATIC CENTER JEPARTMENT, 401 lUDGET TO USE, PARKS & RECREATION CB - CURRENT BUDGET TENDQR NAME ITEM # -08716 CENTRAL RESTAURANT PROD 1-10051269 -38290 JOHNSON, DARBIE A D. I-AUG 06 -49411 MINNESOTA MlITUAL I-AUG 06 -85485 VISTAR CORPORATION C-19037566 1-19029888 1-19036125 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 201-401-4246-6254 201-401-4240-6211 201-401-4240-6133 201-401-4246-6254 201-401-4246-6254 201-401-4246-6254 DESCRIPTION COST OF MERCH STRAW DISPENSER CLEANING SUPP REIMBURSE! SUPPLIES EMPLOYER PAID MN LIFE INS COST OF MERCH CONCESSION SUPPLIES COST OF MERCH CONCESSION SUPPLIES COST OF MERCH CONCESSION SUPPLIES DEPARTMENT 401 PARKS & RECREATION VENDOR SET 201 AQUATIC CENTER CHECK# 000000 000000 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 16 BANK: GEN AMOUNT 125.07 66.41 17.25 15.06- 350.92 31.28 575.87 677.87 8/17/2006 11:26 AM ?ACKET: 00333 Regular Payments IENDOR SET, ;omm 2 13 FIRE & AMBULANCE JEPARTMENT, 210 JUDGET TO USE, FIRE CB -CURRENT BUDGET TENDOR NAME ITEM # ,::================================================================================================================================= 254.95 -01794 ALEX AIR APPARATUS INC I -11068 -02102 ANCOM COMMUNICATIONS IN 1-70145 -24072 GALLS, INC. 1-5844374500011 -26730 GRAPHIC DESIGN -34765 -49364 MN FIRE SERVICE CERT.BR I-AUG 06 -49411 MINNESOTA MUTUAL 1-AUG 06 -49424 MINNESOTA SHREDDING LLC 1-25 2979654 -51308 MURRAY, THOMAS -AUG 06 -68690 REGINA MEDICAL GROUP 1-08-08 -72700 SELESKI, PAUL I-AUG 06 I -AUG 2006 -76750 TERRYS ACE HARDWARE 1-21818 -92700 XCEL ENERGY I-AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 213-210-2100-6218 213-210-2100-6353 213-210-2100-6218 213-210-2100-6201 213-210-2100-6311 213-210-2100-6133 213-210-2100-6450 213-210-2100-6217 213-210-2100-6311 213-210-2100-6354 213-210-2100-6217 213-210-2100-6217 21)-210-2100-6343 DESCRIPTION CLOTHING & BA PADDED SUSPENDERS REPAIRS & MAL PAGER REPAIRS CLOTHING & BA BOOTS OFFICE SUPPLI INCIDENT CALL LOGS EXPERT & CONS TEST FEES FOR FAO-1 EMPLOYER PAID MN LIFE INS MISCELLANEOUS SHREDDING SERV OTHER GENERAL PARTS PURCHASE REIMBURSEMENT EXPERT & CONS HEP 8/ ARMSTRONG REPAIRS & MAL REIMBURSE/REPAIRS ENG 1483 OTHER GENERAL REIMBURSE/PDA ACC OTHER GENERAL BOLT LIGHT & POWER ELEC SERVICE DEPARTMENT 210 FIRE CHECK#- 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL: PAGE: 17 BANK: GEN AMOUNT 213 .16 122.98 125.67 275.00 162.50 46.00 62.30 85.00 442.98 31.94 3.17 1,299.78 3,125.43 8/17/2006 11:26 AM PACKET: 00333 Regular Payments VENDOR SET, FUND DEPARTMENT, 220 BUDGET TO USE, VENDOR NAME ==================================================================================================================================== 213 FIRE & AMBULANCE AMBULANCE CB - CURRENT BUDGET ITEM # 1 -05781 BLUE CROSS & BLUE SHIEL I~CALL 20060745 ~62700 PRAXAIR DISTRIBUTION~44 1-859750 REGULAR DEPARTMENT PAYMENT REGISTER G/ L ACCOUNT NAME 213~220~2200~6460 213-220~2200~6216 DESCRIPTION REFUNDS~AMBUL REFUND OVERPAY/R WOHLERS CHEMI CALS & C OXYGEN DEPARTMENT 220 AMBULANCE VENDOR SET 213 FIRE & AMBULANCE PAGE: 18 BANK, GEN CHECK# AMOUNT 000000 392.32 000000 124.92 TOTAL: 517_24 TOTAL: 3,642_67 8/17/2006 11,26 AM ?ACKET: 00333 Regular Payments JENDOR SET, 1 !UNO 220 )EPARTMENT; 450 LE Due LEDUC 3UDGET TO USE, CB-CURRENT BUDGET JENDOR NAME ITEM #; ==================================================================================================================================== AMOUNT l -12044 DAKOTA COUNTY PROPERTY 1-1513 L -92700 xeEL ENERGY I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 220-450-4160-6319 220-450-4160-6343 PAGE: 19 BANK, GEN DESCRIPTION CHECK# OTHER PROFESS TORRENS/LE Due 000000 LIGHT & POWER ELEC SERVICE 000000 DEPARTMENT 450 LEDUC TOTAL: VENDOR SET 220 LE Due TOTAL: 46.00 508.20 554.20 554.20 8/17/2006 11,26 AM ?ACKET: 00333 Regular Payments lENDOR SET, ;'UND 401 PARKS CAPITAL PROJECTS JEPARTMENT: 401 PARKS & RECREATION lUDGET TO USE, CB-CURRENT BUDGET lENDOR ITEM # NAME REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION CHECK# PAGE: 20 BANK, GEN AUG 06 ------------------------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ AMOUNT -03112 ATLAS ROOFING -49400 MIRACLE RECREATION EQUI 1-645483 -73126 PAUL HALLBERY I -AUG 06 401-401-4132-6591 401-401-4133-6590 401-401-4133-6450 NON CAPITAL C ROOF REPAIR/VERM FALLS CONTRACTORS & VETS PARK PLAYGROUND MISCELLANEOUS SOCCER FIELDS/TREES DEPARTMENT 401 PARKS & RECREATION VENDOR SET 401 PARKS CAPITAL PROJECTS 000000 000000 OODOOO TOTAL: TOTAL: 9,950.00 10,154.59 675.00 20,779.59 20,779.59 8/17/2006 11:26 AM >ACKET: 00333 Regular Payments IENDOR SET, ;ouND 4 0 4 }EPARTMENT: 500 mDGET TO USE: rENDOR NAME :=================================================================================================================================== AMOUNT REGULAR DEPARTMENT PAYMENT REGISTER HRA REDEVELOPMENT HOUSING & REDEVELOPMENT CB-CURRENT BUDGET ITEM # -49411 MINNESOTA MUTUAL I -AUG 06 G/L ACCOlmT NAME 404-500-6003-6133 PAGE: 21 BANK: GEN DESCRIPTION CHECK# EMPLOYER PAID MN LIFE INS DEPARTMENT 500 VENDOR SET 404 000000 HOUSING & REDEVELOPMENT TOTAL: HRA REDEVELOPMENT TOTAL: 13.75 13 _ 75 13.75 8/17/2006 11,26 AM >ACKET : 'ENDOR SET, ~UND 407 JEPARTMElIT, 180 lUDGET TO USE; TENDOR NAME ,=================================================================================================================================== AMOUNT -29490 JOHN HINZMAN 00333 Regular Payments REGULAR DEPARTMENT PAYMENT REGISTER INDUSTRIAL PARK CONST ECONOMIC DEVELOPMENT CB-CURRENT BUDGET ITEM # I -ADe 06 I -AVG 06 I -AVG 06 -49411 MINNESOTA MUTUAL I -AVG 06 G/L ACCOUNT NAME 407-180-1502-6324 407-180-1502-6323 407-180-1502-6323 407-180-1502-6133 MILEAGE CONFERENCE & CONFERENCE & DESCRIPTION EXPENSE REIMBURSE EXPENSE REIMBURSE EXPENSE REIMBURSE EMPLOYER PAID MN LIFE INS DEPARTMENT 180 VENDOR SET 407 ECONOMIC DEVELOPMENT INDUSTRIAL PARK CONST CHECK# 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 22 BANK; GEN 137.95 517_46 3_75 8.13 667.29 667.29 8/17/2006 11,26 AM PACKET: 00333 Regular Payments VENDOR SET, 1 REGULAR DEPARTMENT PAYMENT REGISTER FUND 494 2004 IMPROVEMENT PROJECTS DEPARTMENT: 300 BUDGET TO USE: PUBLIC WORKS CB - CURRENT BUDGET VENDOR ITEM # G/L ACCOUNT NAME NAME 1 ~22600 FRANDRUP MASONRY INC. I-AUG 2006 PROJ; 23 -Fund 494 494-300-3611 6311 2004-1 Westwood Recan DESCRIPTION EXPERT & CONS REPLACE DRIVEWAY/LANGENFELD 2004-1 Westwood Recon DEPARTMENT 300 PUBLIC WORKS VENDOR SET 494 CHECK#; TOTAL: 2004 IMPROVEMENT PROJECTSTOTAL: PAGE: 23 BANK, GEN AMOUNT 000000 2,200.00 2,200.00 2,200.00 8/17/2006 11:26 AM 'ACKET: 00333 Regular Payments 'ENDOR SET, IUND 495 IEPARTMENT: 300 lUDGET TO USE, rENDOR NAME "=================================================================================================================================== 170.30 REGULAR DEPARTMENT PAYMENT REGISTER 2005 IMPROVEMENT PROJECTS PUBLIC WORKS CB-CURRENT BUDGET ITEM # -73654 SKIPS SPRINKLERS 1-7223 PROJ: 29 -Fund 495 G/L ACCOUNT NAME 495-)00-3612-6311 2005 Street Improvements DESCRIPTION EXPERT & CONS 1342 21ST ST WI REPAIR 2005 Street Improvements DEPARTMENT 300 PUBLIC WORKS CHECK#- TOTAL: VENDOR SET 495 2005 IMPROVEMENT PROJECTSTOTAL: PAGE: 24 BANK: GEN 000000 AMOUNT 170.30 170.30 8/17/2006 11,26 AM ?ACKET: 00333 Regular Payments lENDOR SET, '1JND 496 REGULAR DEPARTMENT PAYMENT REGISTER JEPARTMENT, 300 lUDGET TO USE, 2006 IMPROVEMENT PROJECTS POOli c Works CB-CURRENT BUDGET lENDOR ITEM # NAME L -000197 lMAGETECH SERVICES 1-83417 PROJ, 042-496 1-83417 PROJ: 043-496 -)0294 HOISINGTON KOEGLER GROU I -JUL 06 PROJ: 30 -496 -49374 MN POLLUTION CONTROL AG I-AUG 06 PROJ: 042-496 -49502 MN PIPE & EQUIPMENT 1-192832 PROJ: 041-496 G/L ACCOUNT NAME 496 300-3613-6311 North Frontage Road 496-300-3613-6311 Commerce Drive 496-300-3613-6311 DOWNTOWN DEVELOPMENT 496-300-3613-6311 North Frontage Road 496-300-3613-6311 3 rd St reet Area -60690 PEMBER EXCAVATING INC I-PAY EST #2 496-300-3613-6311 PROJ: 041-496 3rd Street Area DESCRIPTION EXPERT & CONS PLANS 2006 Construction EXPERT & CONS PLANS 2006 Construction EXPERT & CONS DOWNTOWN REDEV 2006 Projects EXPERT & CONS 2006 2 N FRONTAGE RD 2006 Construction EXPERT & CONS SEWER PIPE 2006 Construction EXPERT & CONS 3RD ST RECONSTRUCTION 2006 Construction DEPARTMENT 300 Public Works VENDOR SET 496 CHECK# 000000 000000 000000 000000 000000 000000 TOTAL: 2006 IMPROVEMENT PROJECTSTOTAL: PAGE: 25 BANK, GEN AMOUNT 697.08 305.20 1,036.50 240.00 450.88 276,898.70 279,628.36 279,628.36 8/17/2006 11,26 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 26 'ACKET: IENDOR SET, 00333 Regular Payments 'UND 600 WATER JEPARTMENT: 300 PUBLIC WORKS BANK, GEN IUDGET TO USE: CB.CURRENT BUDGET 'ENDOR NAME ITEM #- G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT -04756 BERRY COFFEE 1-584019 600-300-3300~6217 OTHER GENERAL COFFEE 000000 26.00 -12074 DAKOTA ELECTRIC ASSN I -AUG 06 600-300-3300-6343 LIGHT & POWER ELECTRIC SERVICE 000000 31. 81 -40770 KEYS WELL DRILLING CO I-6TH & FINAL 600-300-3300-6590 CONTRACTORS & WELL #8 000000 9,128.79 PROJ: 36 -600 Well # 8 Water Fund -48395 M.C. MAGNEY CONSTRUCT 10 I-PAY EST #2 600~300-3300-6590 CONTRACTORS & WELL #-8 000000 45,532.55 PROJ: 36 -600 Well # 8 Water Fund -49411 MINNESOTA MUTUAL I-AUG 06 600-300~3300-6133 EMPLOYER PAID MN LIFE INS 000000 60.86 -60670 PEINE MARK I -AUG 06 600-300-3300-6323 CONFERENCE & PW COURSE REIMBURSE 000000 568.40 -73168 SHERWIN WILLIAMS 1-3641 600-300-3300-6357 REPAIRS & MAl PAINT 000000 40.05 -82202 THE UPS STORE 1-92265470 600-300~3300-6322 POSTAGE SHIPPING 000000 52.21 -92700 XCEL ENERGY I -AUG 06 600-300~3300-6343 LIGHT & POWER ELEC SERVICE 000000 947.07 -92703 xeEL ENERGY I-PROJ #36 600-300-3300-6590 CONTRACTORS & HOOK UP WELL #8 000000 1,462.74 DEPARTMENT 300 PUBLIC WORKS TOTAL; 57,850.48 VENDOR SET 600 WATER TOTAL: 57,850.48 8/17/2006 11:26 AM 'ACKET: IENDOR SET, 00333 Regular Payments 'UND 601 WASTEWATER JEPARTMENT, 300 PUBLIC WORKS 3UDGET TO USE; CB-CURRENT BUDGET TENDOR ITEM # NAME -06735 BRAUN PUMP & CONTROL IN 1-9412 1-9413 -48768 MCES 1-0000829427 -49411 MINNESOTA MUTUAL I-AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER GIL ACCOUNT NAME 601 300 3400-6353 601-300 3400-6353 601-300-3400-6366 601-300-3400-6133 DESCRIPTION REPAIRS & MAl BEARINGS/SHAFT REP/SUPPLIES REPAIRS & MAT REPAIR LABOR METRO WASTE C WASTEWATER SERV/ SEPT EMPLOYER PAID MN LIFE INS DEPARTMENT 300 PUBLIC WORKS VENDOR SET 601 WASTEWATER CHECK# 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 27 BANK: GEN AMOUNT 1,077.03 854.62 74,439.88 48.13 76,419.66 76,419.66 8/17/2006 11:26 AM 'ACKET: 00333 Regular Payments 'ENDOR SET, 1 'UND 610 IEPARTMENT, 107 IUDGET TO USE: 'ENDOR NAME =================================================================================================================================== AMOUNT TRANSIT CITY CLERK CB-CURRENT BUDGET ITEM # -49411 MINNESOTA MUTUAL !-AUG 06 I-AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 610 107 1073 -6133 610 107-1074 6133 PAGE: 28 BANK: GEN DESCRIPTION CHECK# EMPLOYER PAID MN LIFE INS EMPLOYER PAID MN LIFE INS 000000 000000 DEPARTMENT 107 CITY CLERK TOTAL: VENDOR SET 610 TOTAL: TRANSIT 10.50 37.50 48.00 48.00 8/17/2006 11,26 AM PACKET, 00333 Regular Payments JENDOR SET, :<'UND 615 JEPARTMENT, 401 3UDGET TO USE: lENDOR NAME =~:~================================================================================================================================ AMOUNT 1 -12098 DALeO ARENA PARKS & RECREATION CB - CURRENT BUDGET ITEM # 1-1777061 1 -26725 W.W. GRAINGER, INC. 1-9155551014 -49411 MINNESOTA MUTUAL I -AVG 06 -76750 TERRYS ACE HARDWARE 1-1005066 1-21545 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 615-401-4103-6211 615-401-410)-6217 615-401-410)-6133 615-401-410)-6217 615-401-4103-6217 DESCRIPTION CLEANING SUPP JANITOR SUPPLIES OTHER GENERAL COMPRESSOR OIL EMPLOYER PAID MN LIFE INS OTHER GENERAL LINOLEUM ROLLER OTHER GENERAL SUPPLIES DEPARTMENT 401 PARKS & RECREATION VENDOR SET 615 ARENA CHECK# 000000 000000 000000 000000 000000 TOTAL: TOTAL: PAGE: 29 BANK: GEN 2,192.39 148.30 32.75 15.98 11.48 2,400.90 2,400.90 8/17/2006 11:26 AM PACKET; 00333 Regular Payments {ENDOR SET, FUND JEPARTMENT, 300 3UDGET TO USE: JENDOR NAME =~======~~=~~=====================~================================================================================================= 11.25 620 HYDRO ELECTRIC PUBLIC WORKS CB-CURRENT BUDGET ITEM # L -49411 MINNESOTA MUTUAL I -AUG 06 REGULAR DEPARTMENT PAYMENT REGISTER G/LACCOUNT NAME 620-300~3500-6133 PAGE: 30 BANK, GEN DESCRIPTION CHECK# AMOUNT 000000 EMPLOYER PAID MN LIFE INS DEPARTMENT 300 VENDOR SET 620 11. 25 PUBLIC WORKS TOTAL: HYDRO ELECTRIC 11.25 TOTAL: REPORT GRAND TOTAL; 506,855.65 August 21, 2006 'J:emb'" AI:g; Mayor Wemer CITY OF HASTINGS Vl-2 RESOLUTION NO. 08-_-06 Resolved that City of Hastings (TRAC) enter into an Agreement with the State of Minnesota to provide public transportation service in the City of Hastings. Further Resolved that City of Hastings (TRAC) agrees to provide a local share of 20% of the total operating cost and 20% of the total capital costs. Further Resolved that City of Hastings (TRAC) authorizes the Assistant City Administrator and the Mayor to execute the aforementioned Agreement and any amendments thereto. Approved by the City Council of the City of Hastings, this 21 st day of August, 2006. Ayes: Nays: Absent: Michael Werner, Mayor Melanie Mesko Lee, Assistant City Administrator/City Clerk CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Hastings at a duly authorized meeting thereof held on the 19th day of September, 2005 as shown by the minutes of said meeting in my possession. Melanie Mesko Lee Assistant City Administrator/City Clerk Notary: RE: Mayor Werner & City Councilmembers Melanie Mesko Lee, Assistant City Administrator August 14, 2006 Approve 2006/2007 TRAC Drng & Alcohol Testing Policy VI-3 TO FROM: DATE: Council Action Reauested: Approve 2006/2007 TRAC Drug & Alcohol Testing Policy as attached. Backl!:round Information: As part of our annual TRAC management report to both MnDOT & Met Council, the City reviews the drug and alcohol testing policy in place for transit drivers, to ensure compliance with state and federal regulations. Attached is the 2006/2007 policy to be submitted; at a later date staff will be reviewing to ensure compliance with prescription drug requirements and other recommended changes. At this time, we are fully in compliance with the policy requirements. If you have any questions, please let me know. 08/17/06 2006 City of Hastings Drug Testing PoIicy- TRAC Page 2 of 17 CITY OF HASTINGS TRANSIT PROGRAM U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION (FTA) DRUG-FREE WORKPLACE POLICY Effective: August 22, 2006 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page 2 of 17 INTRODUCTION & OVERVIEW The U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA), an agency within the DOT, have issued regulations (49 CFR, Parts 40 & 655, hereinafter referred to as "DOT regulations") which govern the use of drugs and alcohol by mass transit employees. The FT A requires employers that receive financial assistance from the FT A for mass transit services, and contractors of such employers, conduct drug and alcohol testing at the times and under the conditions described in this policy. The regulations apply to every covered employee, including an applicant or transferee, who performs a "safety sensitive" function as defined herein and to all employers who are recipients or subrecipients of funding under 49 U.S.C. SS5307, 5309, or 5311, as amended or 23 U.S.C. S103(e)(4). Please direct all questions regarding this policy to Melanie Mesko Lee, Administrative Assistant/City Clerk, Hastings Transit System's Designated Employer Representative (DER). PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect employees, passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal DOT regulations governing drug and alcohol testing programs in the transit industry. Redrafting will not be necessary in order to reflect and be in compliance with DOT regulations. The City of Hastings reserves the right to apply the amended requirements immediately, without giving prior notice to covered employees and/or applicant or other persons covered by City policy, unless the DOT or other applicable law requires such notice. The goal of the City of Hastings' policy and the testing of covered employees is to ensure a drug and alcohol free transportation and work environment, to reduce and eliminate drug and alcohol related accidents, injuries, fatalities, and damage to City property. For the purpose of this policy, any employee performing under the definitions described below will be referred to as "covered employee. " CRITERIA FOR EMPLOYEES SUBJECT TO TESTING Under the City of Hastings Drug and Alcohol Testing Policy and DOT regulations, a covered employee is a person, including an applicant or transferee, or an employee of a contractor who performs or will perform a "safety sensitive" function for a recipient or Subrecipient of FT A funding. All such covered employees are subject to the DOT drug and alcohol regulations. All applicants for position as a covered employee will be notified of the City's Drug-Free Workplace Policy (DFWP) at the time they apply for the position. DEFINITION OF "SAFETY SENSITIVE" For the purpose of this policy and the City's drug and alcohol testing policy, employees of recipients, sub-recipients, operators or contractors who perform the following safety-sensitive duties are subject to drug and alcohol testing and the terms and conditions of this policy: ./ Operating a revenue service vehicle, including when not in revenue service. ./ Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Drivers License (CDL); ./ Controlling dispatch or movement of a revenue service vehicle; ./ Maintaining (including repairs, overhaul, and rebuilding) a revenue service vehicle or equipment used in revenue service ./ Carrying a firearm for security purposes. 08/17/06 2006 City of Hastings Drug Testing PoIicy- TRAC Page 3 of 17 A covered employee is considered to be performing a safety sensitive function (and subject to drug andlor alcohol testing) during any period slhe is actually performing, ready to perform, or immediately available to perform such duties. DEFINITIONS Drug: Drugs prohibited in this policy mean a controlled substance, as defined in Schedules 1-V of Section 202 of the Controlled Substances Act, 21 U.S.C. 9812. The term includes prescribed drugs not legally obtained, prescribed drugs not being used for prescribed purposes, and any prescribed drugs not taken in accordance with a prescription. In other words, medications prescribed for someone other than the covered employee will be considered unlawfully used under any circumstances. Pursuant to DOT regulations, all DOT-required drug tests must test for the following substances identified in 49 CFR 910.85: marijuana, cocaine, amphetamines, opiates, (e.g. opium, heroin, morphine, codeine) and phencyclidine (Le. PCP or "angel dust"). The City of Hastings reserves its independent authority and discretion to prohibit and test for other drugs, within the limits of applicable state law. Confirmation Test: Alcohol: A second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. DruQs:A second analytical procedure to identify and quantify the presence of a specific drug or metabolite that is independent of the screening test. Contractor: A person or organization that provides a safety-sensitive service for the recipient, sub-recipient, employer, or operator consistent with a specific understanding or arrangement. The understanding can be a written contract or an informal arrangement that reflects and ongoing relationship between the parties. Providers of such services (e.g. maintenance service) on an ad hoc or one-time basis are specifically excluded by the FT A and are not require to comply with the testing requirements. Covered Employee: Any employee, including an applicant or transferee, who performs or will perform a safety-sensitive function for an entity that receives federal financial assistance under 49 U.S.C. 99 5307,5309, or 5311, as amended, or 23 U.S.C. 9103(e)(4). A volunteer is a covered employee if: a. The volunteer is required to hold a Commercial Drivers License (CDL) to operate the vehicle; or b. The volunteer performs a safety-sensitive function for an entity subject to Part 655 and receives renumeration in excess of his or her actual expenses incurred while engaged in the volunteer activity. DISABLING DAMAGE. Damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Includes: a. Damage to a motor vehicle that could have been operated but would have been further damaged if so operated. Excludes: a. Damage which can be remedied temporarily at the scene of the occurrence without special tools or parts; b. Tire disablement without other damage (even if no spare tire is available); 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page 4 of 17 c. Headlight or taillight damage; d. Damage to turn signals, horn, mirrors, or windshield wipers which make them inoperative. REFUSAL TO SUBMIT: A refusal to submit to a required drug and/or alcohol test (also "refusal to test") means any circumstance outlined in 49 CFR 99 40.191 and 40.261, including circumstances in which a covered employee: a. Fails to appear for any test (except a pre-employment test) within reasonable time, as determined by the City of Hastings, consistent with applicable DOT-agency regulations, after being directed to do so by the City of Hastings. This includes the failure of an employee (including an owner/operator) to appear for a test when called by the City of Hastings' Consortium/Third Party Administrator (C/TPA); b. Fails to remain at the testing site until the testing process is complete; c. Fails to provide a urine specimen for any drug test, or fails to provide an adequate amount of saliva or breath for any alcohol test, required by Part 655 or other DOT- agency regulations. d. In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the covered employee's provision of a specimen. e. Fails to provide a sufficient amount of urine, saliva or breath when directed, and/or, with respect to urine or breath, it has been determined through a required medical evaluation that there was no adequate medical explanation for the failure; f. Fails or declines to take a second test the City of Hastings or collector has directed the covered employee to take (see 49 CFR 940. 197(b)); g. Fails to undergo a medical examination or evaluation as directed by the MRO as part of the verification process, as directed by the DER pursuant to 49 CFR ~40.193, or as directed by the City of Hastings as part of the insufficient breath procedures pursuant to 49 CFR ~40.265 @; h. Fails to sign the certificate at Step 2 of the ATF; I. Fails to cooperate with any part of the testing process (e.g. refuse to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process); or j. Is reported by the MRO as having a verified adulterated or substituted test result. Any covered employee who refuses to submit to a required drug and/or alcohol test or otherwise fails to cooperate with any part of the testing process is in violation of this policy. Any covered employee who refuses such a test will be subject to the consequences described in the "Consequences for Policy Violations" section, including but not limited to removal from safety- sensitive functions. TESTS REQUIRED: In general, DOT regulations require the City of Hastings conduct, and covered employees submit to drug and/or alcohol tests at the following times and under the following conditions. 4. EDUCATION AND TRAINING Every covered employee will receive a copy of this policy and will have access to the corresponding federal regulations, including 49 CFR Parts 40 and 655. The educational component shall include display and distribution to every covered employee of informational material and a community service hoUine telephone number for employee assistance, if available In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page 5 of 17 consequences of drug use on personal health, safety, and the work environment. The training includes manifestations and behavioral cues that may indicate prohibited drug use. All supervisory personnel or City officials who are in a position to make reasonable suspicion determinations will receive at least 60 minutes of training on the physical, behavioral, and performance indicators of probable drug use and at least 60 minutes of additional training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. Information on the signs, symptoms, health effects, and consequences of alcohol misuse is presented in Attachment A. 5. PROHIBITED SUBSTANCES Prohibited substances address by this policy includes the following. A. lIIeaallv Used Controlled Substances are prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration of the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and the use of illegally obtained prescription drugs. Also, the medical use of marijuana, or the use of hemp-related products, which can cause drug or drug metabolites to be present in the body above the minimum thresholds, is a violation of this policy. Federal Transit Administration drug testing regulations (49 CFR Part 655) require that all covered employees be tested for marijuana, cocaine, amphetamines, opiates, and phencyclidine as described in Section 7 of this policy. Illegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs anytime that they are on duty. B. Leaal Druas: The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the TRAC supervisor. The employee is also required to provide a written release from their doctor or pharmacist indicating that the employee can perform their safety-sensitive functions in a safe and unimpaired manner. C. Alcohol: The use of beverages containing alcohol (including any mouthwash, medication, food, candy) or any other substances such that alcohol is present in the body while performing safety-sensitive job functions is prohibited. An alcohol test can be performed on a covered employee under 49 CFR Part 655 just before, during, or just after the performance of safety-sensitive job functions. 6. PROHIBITED CONDUCT A. All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. 08/17/06 2006 City of Hastings Drug Testing Policy-TRAC Page 6 of 17 B. Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report to duty. The covered employee will subsequently be relieved of their on-call responsibilities. C. The City of Hastings will not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol. D. Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater, regardless of when the alcohol was consumed. E. No covered employee shall consume alcohol for eight (8) hours following an involvement in an accident or until they submit to the post-accident drug/alcohol test, whichever occurs first. F. No covered employee shall consume alcohol within four (4) hours prior to the performance of safety-sensitive job functions. 7. TESTING REQUIREMENTS Analytical urine drug testing and breath testing for alcohol will be conducted as required by 49 CFR Part 40. All covered employees shall be subject to testing prior to employment, for reasonable suspicion, following an accident, and random as defined in Sections 10, 11, 12 and 13 of this policy. All covered employees who have tested positive for drugs or alcohol on a random, reasonable suspicion, or post-accident will be tested prior to returning to duty after completion of the Substance Abuse Professional's recommended treatment program and subsequent release to duty. Follow-Up Testing will also be conducted following return-to-duty for a period of one to five years, with at least six tests performed during the first year. The duration and frequency of the follow- up testing above the minimum requirements will be at the discretion of the Substance Abuse Professional. A drug test can be performed any time a covered employee is on duty. An alcohol test can be performed just before, during, or after the performance of a safety-sensitive job function. All covered employees will be subject to submit to drug and alcohol testing in accordance with Part 655.15. Drug and alcohol testing is a condition of employment and a job requirement. Failure to submit to a test as requested is in violation of this policy. Any safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline. Employees who are suspected of providing false information in connection with a drug test, or are suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of the above-listed actions will be considered a test refusal and will result in the employee's removal from duty and discipline. Refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations. Refusal can also include an inability to provide sufficient urine specimen or breath sample without a valid medical explanation, as well as verbal or written declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test within the specified time frame. 08/17/06 2006 City of Hastings Drug Testing POlicy- TRAC Page 7 of 17 The City of Hastings will inform each covered employee if it implements elements of an anti-drug use or alcohol misuse program that are not required by Part 655. 8. DRUG TESTING PROCEDURES Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques. equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Services (DHHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedures, and the validity of the test result. The drugs that will be tested for include marijuana, cocaine, opiates. amphetamines. and phencyclidine. After the identity of the donor is checked using picture identification, a urine specimen will be collected using the split specimen collection method described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Chain of Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a DHHS certified laboratory. An initial drug screen and validity test will be conducted on the primary urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the GS/MS test are above the minimum thresholds established in 49 CFR Part 40, as amended. The test results from the DHHS certified laboratory will be reported to a Medical Review Officer (MRO). An MRO is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result. The MRO will then attempt to contact the employee to notify the employee of the non-negative laboratory result, and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee's medical history/medical records, as appropriate. to determine whether there is a legitimate medical explanation for a non-negative laboratory result. If no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to the Drug and Alcohol Program Manager (DAPM), the Assistant City Administrator/City Clerk or City Administrator of the City of Hastings. If a legitimate explanation is found, the MRO will report the test result as negative to the DAPM and no further action will be taken. If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Any covered employee who questions the results of a required drug test under paragraphs 11 through 15 of this policy may request that the split sample be tested. The split sample test must be conducted at a second DHHS-certified laboratory with no affiliation with the laboratory that analyzed the primary specimen. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page 8 of 17 within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled and will direct the City of Hastings to retest to the employee under direct observation. The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is completed. If the primary specimen is negative, the split will be discarded. If the primary is positive, the split will be retained for testing if so requested by the employee through the MRO. If the primary specimen is positive, it will be retained in frozen storage for one year and the split specimen will also be retained for one year. Consistent with 49 CFR Part 40, as amended, collection under direct observation (by a person of the same gender) with no advance notice will occur if: A. The laboratory reports to the MRO that a specimen is invalid, the MRO reports to the City of Hastings that there was not an adequate medical explanation for the result; S. The MRO reports to the City of Hastings that the original positive, adulterated, or substituted test result had to be canceled because the test of the split specimen could not be performed; C. The City of Hastings may order a collection under direct observation of an employee if the drug test is a return-to-duty test or follow-up test. D. The collector, must immediately conduct a collection under direct observation if: 1. They are instructed by the City of Hastings to do so; or 2. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen; or 3. The temperature on the original specimen was out of range; or 4. The original specimen appeared to have been tampered with. 9. ALCOHOL TESTING PROCEDURES Tests for breath alcohol concentration (BAC) will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing Device (EST) operated by a trained Breath Alcohol Technician (BAT). Alcohol screening tests may be performed using a non-evidential testing device, which is also approved by NHSTA. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted at least fifteen minutes after the completion of the initial test. The confirmatory test will again be performed using an NHTSA-approved EST operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EST printout. The EST printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page gof 17 to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result. A safety-sensitive employee who has confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. For the consequences of a positive alcohol test, refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours. Refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations. An alcohol concentration of less than 0.02 will be considered a negative test. The City of Hastings affirms the need to protect individual dignity, privacy, and confidentially throughout the testing process. If, at any time, the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not be a canceled test. 10. PRE-EMPLOYMENT TESTING All applicants for covered transit safety-sensitive positions shall undergo urine drug testing prior to hire or transfer into a covered position that requires the performance of a safety-sensitive function. A. All offers of employment of covered positions will be extended conditional upon the applicant passing a drug test. An applicant will not be hired into a covered position unless the applicant takes a drug test with verified negative results. B. A non-covered employee will not be placed, transferred, or promoted into a covered position until the employee takes a drug test with verified negative results. C. If an applicant fails a pre-employment drug test, the conditional offer of employment will be rescinded. Evidence of the absence of drug dependency from a Substance Abuse Professional that meets with 49 CFR Part 40, as amended, and a negative pre-employment drug test will be required prior to further consideration for employment. D. When an employee, being placed, transferred, or promoted from a non-covered position to a covered position, submits a drug test with a verified positive result, the employee will be subject to disciplinary action. Refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations E. If a pre-employment/pre-transfer test is canceled, applicant will be required to take and pass another pre-employment drug test. F. In instances where a covered employee is on extended leave for a period of 90 days or more, regardless of reason, the employee will be required to take a drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions. G. Applicants are required to report previous DOT covered employer drug and alcohol test results. Failure to do so will result in the employment offer being rescinded. 08/17/06 2006 Gity of Hastings Drug T esling Policy-TRAG Page100f17 11. REASONABLE SUSPICION TESTING All safety-sensitive employees will be subject to a reasonable suspicion drug and/or alcohol test when there are reasons to believe that drug or alcohol use is impacting job performance and safety. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by at least one supervisor who is trained to detect the signs and symptoms of drug use and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in their work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. A reasonable suspicion drug test can be performed any time the covered employee is on duty. Examples of reasonable suspicion include, but are not limited to, the following: A. Physical signs and symptoms consistent with prohibited substance use or alcohol misuse. S. Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drugs, alcohol, or other prohibited substance. C. Occurrence of a serious or potentially serious accident that may have been caused by prohibited substance abuse or alcohol misuse. D. Fights (to mean physical contact), assaults, and flagrant disregard or violations of established safety, security, or other operating procedures. An employee who refuses an instruction to submit to a drug/alcohol test will not be permitted to finish his or her shift and will immediately be placed on administrative leave pending disciplinary action. Refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations. A written record of the observations which led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation prior to the release of the test results. This written record will be submitted to the City of Hastings management and shall be attached to the forms reporting the test results. 12. POST-ACCIDENT TESTING All safety-sensitive employees will be required to undergo urine and breath testing if they are involved in an accident with a transit revenue service vehicle that results in a fatality, regardless of whether or not the vehicle is in revenue service. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance cannot be completely discounted as a contributing factor to the accident. In addition, a post-accident test will be conducted if an accident results in injuries requiring immediate transportation to a medical treatment facility; or one or more vehicles incurs disabling damage, unless the operator's performance cannot be completely discounted as a contributing factor to the accident. The accident definition may include some incidents where an individual is injured even though there is no vehicle collision. A. As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the TRAC employee operating the transit vehicle and all other covered employees whose performance could have 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page 11 of 17 contributed to the accident of the need for the test. The supervisor will make the determination using the best information available at the time of the accident. B. The appropriate transit supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable, but no longer than 8 hours after the accident for alcohol, and within 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within 8 hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented. C. Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until they undergo a post-accident alcohol test. D. An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of their location if they leave the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing. E. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. F. In the rare event that the City of Hastings is unable to perform an FTA drug and alcohol test (i.e., employee is unconscious, employee is detained by law enforcement agency), the City of Hastings may use drug and alcohol post- accident test results administered by state and local law enforcement officials in lieu of the FT A test. The state and local law enforcement officials must have independent authority for the test and the City of Hastings must obtain the results in conformance with state and local law. 13. RANDOM TESTING All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. A. The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year. B. The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates established by Federal regulations for those safety-sensitive employees subject to random testing by Federal regulations. The current random testing rate for drugs established by FTA equals fifty percent (50%) of the number of covered employees in the pool and the random testing rate for alcohol established by FT A equals ten percent (10%) of the number of covered employees in the pool. C. Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection and notification of the individuals who are to be tested. 08/17/06 2006 City of Hastings Drug Testing Policy-TRAC Page 12 of 17 D. Random tests can be conducted at any time during an employee's shift for drug testing. Alcohol random tests can be performed just before, during, or just after the performance of a safety-sensitive duty. Tests can occur during the beginning, middle, or end of an employee's shift. E. Employees are required to proceed immediately to the collection site upon notification of their random selection. 14. RETURN-TO-DUTY TESTING All safety-sensitive employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the SAP before returning to work. For an initial positive drug test a return-to-duty test is required and an alcohol test is allowed. For an initial positive alcohol test a return-to-duty alcohol test is required and a drug test is allowed. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. Before scheduling the return to duty test, the SAP must assess the employee and determine if the required treatment has been completed. The SAP should schedule the return-to-duty test only when the employee is known to be drug- and alcohol-free and there is no risk to public safety. 15. FOLLOW-UP TESTING Safety-sensitive employees will be required to undergo frequent, unannounced drug and alcohol testing following their return-to-duty. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by the SAP, reflecting the SAP's assessment of the employee's unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty testing. 16. RESULT OF POSITIVE DRUG/ALCOHOL TEST Any covered employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a SAP. A SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. No employee will be allowed to return to duty requiring the performance of safety- sensitive job functions without the approval of the SAP. A positive drug and/or alcohol test will also result in disciplinary action as specified herein. A. As soon as practicable after receiving notice of a verified positive drug test result, a confirmed alcohol test result, or a test refusal, the Drug and Alcohol Program Manager will contact the employee's supervisor to have the employee cease performing any safety-sensitive function. B. The employee shall be referred to a SAP for an assessment. The SAP will evaluate each employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. 08/17/06 2006 City of Hastings Drug Testing Policy-TRAC Page 13 of 17 c. Refusal to submit to a drug/alcohol test shall be considered a positive test result. Refer to the City of Hastings' Personnel Policy Sections 3.70 and 3.75 for ramifications of policy violations. A test refusal includes the following circumstances: 1. A covered employee who consumes alcohol within eight (8) hours following involvement in an accident without first having submitted to post- accident drug/alcohol tests; 2. A covered employee who leaves the scene of an accident without a legitimate explanation prior to submission to drug/alcohol tests; 3. A covered employee who is suspected of providing false information in connection with a drug test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution of a urine specimen; 4. A covered employee who provides an insufficient volume of urine specimen or breath sample without a valid medical explanation; 5. A verbal or written declaration, obstructive behavior, refusal to sign the required DOT drug and/or alcohol testing forms, or physical absence resulting in the inability to conduct the test within the specified time frame; 6. A covered employee whose urine sample has been verified by the MRO as substitute or adulterated; 7. A covered employee fails to appear for any test within a reasonable time, as determined by the City of Hastings, after being directed to do so by the City of Hastings; 8. A covered employee fails to remain at the testing site until the testing process is complete; 9. A covered employee fails to provide a urine specimen for any drug test required by CFR Part 40 or DOT agency regulations; 10. A covered employee fails to permit the observation or monitoring of a specimen collection; 11. A covered employee fails or declines to take a second test the City of Hastings or collector has directed you to take; 12. A covered employee fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER as part of the "shy bladder" or "shy lung" procedures; or 13. A covered employee fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process); 14. An alcohol test result of >0.02 to <0.039 SAC will result in the removal of the employee from duty for eight hours. 17. GRIEVANCE AND APPEAL The consequences specified by 49 CFR Part 655 for a positive test or test refusal are not subject to arbitration. 18. INFORMATION DISCLOSURE Drug/alcohol testing records will be maintained by the Drug and Alcohol Program Manager and, except as provided below or by law, the results of any drug/alcohol test will not be disclosed without express written consent of the tested employee. 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page 14 of 17 A. The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory certifications. B. Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager, Department Supervisor and Professional manager on a need-to-know basis. C. Records will be released to a subsequent employer only upon receipt of a written request from the employee. D. Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. E. Records will be released to the National Transportation Safety Board during an accident investigation. F. Records will be released to the DOT or any DOT agency with regulatory authority over the City of Hastings or any of its employees. G. Records will be released if requested by a Federal, state, or local safety agency with regulatory authority over the City of Hastings or the employee. H. If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of CFR Part 40 necessary legal steps to contest the issuance of the order will be taken. I. In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FT A. 19. DRUG AND ALCOHOL PROGRAM MANAGER (DAPM) AND DESIGNATED EMPLOYER REPRESENTATIVE (OER) FT A regulations require that a single contact person be identified to answer questions for this policy. Any questions regarding this policy or any other aspect of the substance abuse program should be addressed to the following City of Hastings TRAC transit system representatives: Drug and Alcohol Pro Name: Title: Address: T ele hone number: Fax Number: S d C econ ary ontact Name: David M. Osberg Title: City Administrator Address: 101 Fourth Street East Hastings MN 55033 Telephone number: 651-480-2350 Fax Number: 651-437-7082 08/17/06 2006 City of Hastings Drug Testing Policy-TRAC Page 15 of 17 A complete copy of regulation 49 CFR Part 40, as amended is available for review. 20. MEDICAL REVIEW OFFICER Name: Dr. Stuart Hoffman Address: PO Box 48709 Los Anqeles CA 48709 Telephone number: 1-923-936-3806 21. SUBSTANCE ABUSE PROFESSIONAL Name: Dr. Gerald Peters Address: 570 Asbury Street, Suite 300 St Paul MN 55104-1849 Telephone number: 651-645-7558 22. CONSORTIUM Name: Choice Point Health Services Division Title: Attention: Barb Hurley Address: 565 Braund Street PO Box 67 Onalaska WI 54650 Telephone number: 1-800-523-5447, ext 4600 Fax Number: 1-608-782-7794 08/17/06 2006 City of Hastings Drug Testing Policy- TRAC Page 16 of 17 23. Tele hone number: 25. SAFETY-SENSITIVE FUNCTIONS * List the job titles of those that perform safety-sensitive job functions: 1. Clerical/Dispatch (2) 2. Full-Time Transit Driver (3) 3. Part-Time Transit Driver (2) * or any others who operate a revenue service vehicle (whether or not the vehicle is in revenue service), dispatch (anyone who controls revenue service vehicles'movement), maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, and any other employee who holds a Commercial Driver's License. 26. POLICY MODIFICATION The City of Hastings has the right to modify this policy as changes in regulation or law occurs. Approved by the City Council of the City of Hastings this 21st day of August. 2006. Michael Werner, Mayor Melanie Mesko Lee Assistant City Administrator 08/17/06 V1-4 TO: FROM: DATE: RE: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator August 16, 2006 Special Council Meeting Council Action Requested: Set a Special City Council Meeting on Thursday, September 14, 2006 to canvass the results of the September 12, 2006 primary election. Backqround: Per State Statute 205.185, subd. 3, cities are required to canvass the returns and declare the results of the primary election within two days of the primary. Cl't:! of HaatlrC& " 101 Fourth Street East * Hastll1Gs. MN 55003-1955 *p:651-4131).235<:1 * 1:l5.51-431-4<':18;2 * WttW.ct.hastJngs.mnus MEMO V1-5 TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene A. Stark, Finance Director 06 Budget Adjustments August 15, 2006 $ 400.00 Adjust line item 210-170-1702-6560 Capital-Furniture (-400.00) and transfer to 210-170-1702-6336 (400.00) to pay Graphic Design printing bill for sesquicentennial planning. $2,758.01 Increase the Fire Departments budget line items 6109 & 6110 for reimbursement from Dakota County for drill training. Council Action Requested Authorize the above 2006 budget adjustments. VI-6 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR WELL #8 CONSTRUCTION WHEREAS, pursuant to a written contract signed with the City of Hastings on November 7, 2005, Keys Well Drilling Company has satisfactorily completed the Well #8 Construction. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF mE CITY OF HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby directed to issue a proper order for the final payment of$9,128.79 on the above said project for such contracts, taking the contractor receipt in full. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 21st DAY OF AUGUST 2006. Ayes: Nays: Michael D. Werner; Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) l\PublicworksllpwdataIWaterl06 System ImprlWell #8\Pay EstimateslWell #8 ConstructionlFinalPayRes Well #8.doc : . Date: Ju 27,2006 6 AND FINAL For Period: 7/1/2006 to 7/27/2006 Ruest No: Contractor: CONTRACTOR'S REQUEST FOR PAYMENT CONSTRUCTION OF WELL NO.8 BRA FILE NO. 000222-06107-0 SUMMARY 1 Original Contract Amount $ 2 Change Order - Addnion $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 5 Value Completed to Date $ 6 Material on Hand $ 7 Amount Earned $ 8 Less Relainage 0% $ 9 Subtotal $ 10 Less Amount Paid Previously $ 11 Uquidated damages - $ 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. B AND FINAL $ 192,875.00 192,875.00 182,575.75 0.00 182,575.75 0.00 182,575.75 173,446.96 0.00 9.128.79 Recommended for Approval by: ~SOCIATES',"C' Approved by Contractor: KEYS WELL DRILLING COMPANY Approved by Owner: CITY OF HASTINGS ~-'t ~7r Specified Contract Completion Date: ~,4 ?;.i, 200" Date: llu(J "c:+. ~ ::ll)bCD 000222-06107-0 PR6 Contract Unit Quantity Amount No. Item Unit Quanllty Price to Date to Date BASE BID: 1 MOBILIZATION LS 1 25000.00 1 $25,000.00 2 SILT FENCE LF 200 5.00 235 $1,175.00 3 DRIVE 30" CASING LF 15 275.00 27 $7,425.00 4 DRILL 20" LF 300 170.00 243 $41,310.00 5 INSTALL 24" LF 225 90.00 188 $16,920.00 6 INSTALL GRAVEL TN 40 50.00 28 $1,400.00 7 GROUT CY 25 350.00 36.5 $12,n5.00 8 DYNAMITE LB 400 25.00 490 $12,250.00 9 BAIL CY 350 70.00 488 $34,160.00 10 MOBILIZE DEVELOPMENT EQUIPMENT LS 1 8500.00 1 $8,500.00 11 AIR HR 80 180.00 19 $3,420.00 12 REMOBILIZE DEVELOPMENT EQUIPMENT Ls 1 1000.00 $0.00 13 INSTALL TEST PUMP LS 1 7500.00 1 $7,500.00 14 TESTING HR 80 125.00 51.75 $6,468.75 15 REINSTALL TEST PUMP Ls 1 1000.00 $0.00 16 SAND ANALYSIS Ls 5 50.00 2 $100.00 17 WATER ANALYSIS LS 1 1500.00 1 $1,500.00 18 GAMMA LOG WELL LS 1 800.00 1 $800.00 19 TELEVISE WELL Ls 1 1300.00 1.44 $1,872.00 TOTAL BASE BID: $182,575.75 00022NJ6107-o PR6 PROJECT PAYMENT STATUS OWNER CITY OF HASTINGS BRA FILE NO. 000222-06107-0 CONTRACTOR KEYS WELL DRIlliNG COMPANY CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY F T P R C I t d No. rom 0 ayment eta nage ample e 1 11/07/2005 02121/06 30,789.50 1,620.50 32,410.00 2 02/2212006 04/20/06 15,342.50 2,428.00 48,560.00 3 04/21/2006 OS/22/06 67,815.75 5,997.25 119,945.00 4 OS/23/2006 06/16/06 37 990.50 7,996.75 159,935.00 5 06/17/2006 06/30/06 21,508.71 9128.79 182 575.75 6 AND FINAL 07/01/2006 07/27/06 9,128.79 182,575.75 Material on Hand Total Payment to Date $182,575.75 Oriainal Contract $192,875.00 Retainaae Pav No 6 AND FINAL Change Orders Total Amount Eamed $182 575.75 Revised Contract $192875.00 000222-OS107-O PRS JL1J Bonestroo -=- Rosene "1\11 Anderlik & 1 \J 1 Associates Engineers & Architects 2335 West Highway 36 . S1. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www;bonestrOQ.com VI-7 August 10, 2006 Mr. Thomas Montgomery, P.E Public Works Director City of Hastings 101 4th Street East Hastings, Minnesota 55033 Re: Construction of Well Pumphouse No.8 Bonestroo File No. 000222-06107-1 Pay Request No.2 Dear Mr. Montgomery: Attached are four copies of Pay Request NO.2. This pay request is for work completed on the Pumphouse No. 8 construction through August 3, 2006. I have reviewed this pay request and believe it to accurately reflect work completed through the above referenced date. We recommend that the City pay the requested amount of $45,532.55. Please sign all four copies and return one signed copy to our office, two copies to the contractor and retain one copy for your file. If you have any questions regarding this pay request please call me at (651) 967-4630. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Kevin A. Andersen, P.E. cc: Kurt Johnson, Bonestroo Attachment St. Paul. St. Cloud, Rochester. MN . Milwaukee, WI ;. Chicago. It. Affirmative Action/Equal opponunityEmployer and Employee Owned JIJIt:roo Ell. Ar1derIik & lJ1ASsOCiates Eng",.ei, & Archite<ts Owner: Citv of Hastings, 101 4th Street East, Hastings, MN 55033 Date: August8,2006 For Period: 6/6/2006 to 8/7/2006 Request No: 2 Contractor: Magney Construction Inc., 1401 Park Road, Chanhassen, MN 55317 CONTRACTOR'S REQUEST FOR PAYMENT CONSTRUCTION OF WELL PUMPHOUSE NO.8 BRA FILE NO. 000222-06107-1 SUMMARY Original Contract Amount $ 657,400.00 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 657,400.00 5 Value Completed to Date $ 60,899.00 6 Material on Hand $ 0.00 7 Amount Earned $ 60,899.00 8 Less Retainage 5% $ 3,044.95 9 Subtotal $ 57,854.05 10 Less Amount Paid Previously $ 12,321.50 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 $ 45,532.55 Recommended for Approval by: BONESTROO, ROSENE, NDERLlK & ASSOCIATES,INC. Approved by Owner: CITY OF HASTINGS Specified Substantial Completion Date: September 15, 2006 plus extension day-for-day from May 1, 2006 to date of Notice to Proceed Specified Contract Completion Date: October 31, 2006 Date: 000222-06107-1.PR2 Application for Payment No.2 To: City of Hastings (OWNER) From: Magney Construction, Inc. 1401 Park Road, Chanhassen, MN 55317 (CONTRACTOR) Contract: General Construction Project: Construction of Well Pumphouse # 8 Owners Contract No. For work accomplished through the date of: Engineer's Project No. 8/3/2006 00022-06] 07-0 ]) Original Contract Price: 2) Net Change by Change Order/Written Amendments (-/+) 3) Current Contract Price (1+2): 4) Total Completed and stored to date: 5) Retainage (per Agreement): 5.00",1, of completed work 5657,400.00 50.00 5657,400.00 560,899.00 53,044.95 5.00",1, of stored material: 50.00 Total retainage: 6) Total Completed and stored to date less retainage (4-5) 7) Less Previous Application for Payments: 8) DUE THIS APPLICATION 53,044.95 557,854.05 512,321.50 $45,532.55 Accompanying Documentation: CONTRACTOR'S Certification: The IDldefSigned CONTRACTOR certifies Ihal (I) all previous progress payments received from OWNER on account of work done under the Contract refened to above have been applied on account to discharge CONTRACTOR'S legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through 9 inclusive; (2) title of all work. materials and equipment incorpOfated in said Work otherwise listed in or covered by this Application for Payment wiD pass to OWNER at lime of payment free and clear of all Liens, security interest or encumbrance (expect such as are recovered by a Bond acceptable to OWNER indemnifYing OWNER against any such Lien, security inten:sl or encumbnmce); and (3) all Work covered by this Application for Payment is in accordance by the Contract Dtlcumcnts and not defective. Dated: 8/3/2006 State of MN County of Subscribed and sworn to before me this Notary Public ~ Iw. 7.XtkO My Commission Expires: ,/M1. .f / ~O()? v . M~onstru:tioD' Ioe. (Contractor) By: tL--- Kevin Vranicar - Project Manager ~KIA , day Of. .' ~t ,2006. ,~. ~"~~H_u. t--_~~ E RINA M. DILLARD I ~ NOTARY PU8LJC.MlNNESOTA ! My c..r.m.sr.. &p/r.. Jan. 31. ZOO9 . Payme.t of the above AMOUNT DUE THIS APPLlCA nON is recommeoded. Owner: Engineer: By: By: Dale: Date: "'''''''''''''''''''",zo iiiifiiii~~ ~~~"'8!&'~~ii ~f~i~~~~i ~ as '0 - rD::J ::ICillll;u2.2.8a~if :~.i i~83~ l!! 911 ,<ca.,,~ iD3..0> i2fi31!~i~ i??-;u !'!.a.""o c-nat CD o~Cf... i~f!. ~Q.~-t -.,," ....'" " .... -10.. .. 'S'll -Q. ~- cr " Q. C .. .! 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CD - CD '< - )> 0 ... -4t CD :I: III Q) 3 III - 1J ::s ... 0 (Q < III CD 3 CD ::J - l/I o 0 ~ O('a <D <D --._~ VI-9 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator August 17, 2006 Updated Space Planning Architectural Services RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action authorizing the utilization of services ofTKDA to assist the City Staff with space planning and cost estimates for the City Hall, Cal Ruedy Public Works Garage, and the HRA owned UBC building, in an amount not to exceed $8,400. BACKGROUND Throughout the last several years the City of Hastings has been faced with an uncertain future as it relates to financial resources from the State of Minnesota. While the recent past has resulted in significant reductions in financial aid from the State of Minnesota, the uncertainty has diminished, since the City now receives such a small amount of State Aid. Prior to the significant reductions in State Aid, the City had undertaken certain studies and analysis to determine the feasibility of certain expansion and remodeling of City facilities to accommodate the increase demand on space, and the need for certain renovations. During the uncertain financial times, those studies were put on hold, yet the increasing demand for space and renovations to certain facilities continue. While the financial uncertainty regarding State Aid has been reduced, the financial challenges remain. Yet, the City still needs to address the ever increasing demands on space needs in the City, and the challenges associated with certain deteriorating facilities, and facilities that no longer meet the demands of the citizens of the City of Hastings. At its meeting on July 20th, 2006 the Operations Committee discussed a previously prepared report to the City Council regarding the current space and facilities needs in the City, and recommendations forthcoming from City Staff. The Operations Committee supports the idea of receiving updated projections on the feasibility and costs associated with the addressing the space and facilities needs in the City of Hastings. TKDA has provided similar work in the past, and has a great deal of information currently available in its files, that will assist with the project in a timely and cost effective manner. Staff recommends utilization ofTKDA in the amount not to exceed $8,400, as outlined in their attached proposal. The Operations Committee will conduct a meeting following the completion of the report by TKDA, to formulate a recommendation to the City Council. TKDA ENGINEERS. ARCHITEClS . PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 August 4, 2006 (651) 292~4400 (651) 292-0083 Fax www.tkda.com Mr. David Osberg City Administrator City of Hastings 101 - 4th Street East Hastings, Minnesota 55003-1955 Re: Proposal for Architectural Space Planning Services Updated Overall Space Plan: City Hall, Public Works, and UBC Buildings Dear Mr. Osberg: We are pleased to present this Proposal to provide Architectural Space Planning Services to the City of Hastings in connection with preparation of an Updated Overall Space Plan for several City buildings (City Hall, Public Works, and two UBC buildings), hereinafter referred to as the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Architect-Engineer Agreement" dated October 1993. Hereinafter, the City of Hastings is referred to as the OWNER. I. PROJECT DESCRIPTION This Project will generally define the City's short-term and long-term goals for space utilization and establish a probable construction cost for the improvements. A. Long Term goals. Prior to undertaking any short-term space construction, it is desired to briefly review and update the overall future space needs and goals for the City Hall and Public Works. This will enhance the potential that any short-term planning and renovation will work towards satisfying the OWNER'S long-term needs and goals. B. Short term goals. The OWNER will undertake some minor alterations to the City Hall first floor (west end) immediately and the this Project will address the short-term improvements that could be funded for implementation in 2007. The immediate work the OWNER is planning to accomplish will be briefly reviewed for compliance for code and long term space goals. Public Works will be analyzed for administrative space needs to accept the Engineering group. The UBC buildings will be reviewed for alterations required to be usable to support City space needs/operations. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Mr. David Osberg City of Hastings Proposal for Architectural Space Planning Services Updated Overall Space Plan: City Hall, Public Works, and UBC Buildings August 4, 2006 Page 2 C. Areas of City Buildings to be Addressed. Review/coordinate with the immediate improvement plans for the 1st floor, west end; look at options/cost for the main counter of City Hall; look at options/cost for the counter area and office area of the 2nd floor, west end; evaluate options/cost to relocate Engineering to Public Works; and determine a work scope/cost to adapt the two existing UBC buildings for City usage (TRAC, police, public works, etc). II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. KICK-OFF MEETING An initial Kick-Off meeting will be held to confirm the general Project parameters and long/short term space goals of the OWNER and to gather information on current and future staffing requirements. This meeting will also review the immediate alterations the OWNER will make to the City Hall, west end, 1st floor. B. FIELD VERIFICATION Confirm configuration of project areas, including the UBC building. C. CONCEPTUAL SPACE PLANS Based on the identified long-term program determined from a meeting with management, prepare concept space floor plans of the City Hall 1st floor main counter, 2nd floor counter, and west end office space; Public Works administrative area; and the two UBC buildings. D. CONCEPT REVIEW MEETINGS Meet with the OWNER'S staff to review the concept plans and alternatives. Two meetings are anticipated. E. OPINION OF PROBABLE COSTS Prepare opinion of probable costs for the recommended work, both short term and long term alterations. F. FINAL REVIEW MEETING Meet with the OWNER to review the preferred concept space plans and opinion of probable cost. Make minor revisions to the drawings and estimates. G. SPACE PLANNING STUDY DOCUMENT Prepare a final document (8-l/2"x 11") to include the material developed as described above. One large size print, or a CADD file of any drawings, will be made available if desired. Meet with the OWNER'S supervisory staff to review the final findings and recommendations. Mr. David Osberg City of Hastings Proposal for Architectural Space Planning Services Updated Overall Space Plan: City Hall, Public Works, and UBC Buildings August 4, 2006 Page 3 III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Any further meetings or evaluations requested by the OWNER in excess of those outlined in SECTION II. B. Preparation of measured drawings of the OWNER'S existing building. C. Further design effort or documentation beyond that described in SECTION II of this Proposal. D. Image renderings. E. Final design and Construction Documents IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. C. Provide TKDA with operational information pertinent to identifying the space needs, any department information, and current/future equipment and staffing information. D. Provide TKDA with any available floor plan layouts (already transmitted to TKDA). E. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so that the Project schedule can be maintained. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II services within two months thereafter. Mr. David Osberg City of Hastings Proposal for Architectural Space Planning Services Updated Overall Space Plan: City Hall, Public Works, and UBC Buildings August 4, 2006 Page 4 VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Rate basis as described in Article 3 of the attached General Provisions in an amount not to exceed $8,400. The level of effort required accomplishing SECTION II services could be affected by factors which are beyond our control. Therefore, ifit appears at any time that charges for services rendered under SECTION II will exceed the above, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Hastings and the return of a signed copy to us. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, v-~.~ Vincent T. Montgo ery, P.E. President ~ ~o~~ Director of Architecture ACCEPTED FOR THE CITY OF HASTINGS, MINNESOTA By Title Date VTM:DAJ:adh ATTACHMENTS: SCHEDULE 2900-S90 GENERAL PROVISIONS TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS, ARCHITECTS, PLANNERS ST. PAUL, MINNESOTA JANUARY 1, 2006 SCHEDULE OF BILLING RATES Classification Range of Hourlv Billing Rates* Senior Registered Engineer, Architect, or Planner $ 104.00 to $ 212.00 Engineering or Architectural Specialist II $ 95.00 to $ 154.00 Engineering or Architectural Specialist I $ 63.00 to $ 122.00 Registered Engineer, Architect, Land Surveyor, $ 66.00 to $ 140.00 Planner, or Interior Designer Graduate Engineer, Architect, or Planner $ 49.00 to $ 105.00 Technician III $ 55.00 to $ 85.00 ** Technician II $ 43.00 to $ 67.00 ** Technician I $ 29.00 to $ 50.00 ** In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance ofthe work: 1. Travel and subsistence. (Mileage at current IRS Standard Rate per mile.) 2. Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 3. Identifiable reproduction and reprographic costs. * Rates effective until December 31, 2006. ** For hours worked over 8 hours per day or 40 hours per week, whichever is greater, individuals will be paid one and one-halftimes the above rates where required by Local, State and/or Federal Government Wage and Hour Regulations. Schedule 2900-S90 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES,INCORPORATED General Provisions Of Architect-Engineer Agreement ARTICLE 1. GENERAL These Genem! Provisions are iltended 10 be used il coojunction with a letter-type Agreement between Toltz, King. DuvaH. Anderson lI1d Associates, Ineo<porated. a Minnesolo CorpoJation, hereinafter relerred 10 as TKDA. and a OWNER, wIlerein the OWNER engages TKOA to provide certain Atchitectural, and/or Engineering services on a Project. As used herein,the lenn 'this Agreement' relers to (1) TKOA's Proposal Letter wIlich Ionns the basis lor the Agreement upon ils acceptance by the OWNER, (2) these General Provisions, and (3) any allached Exhibits, as ~ they were part 01 one and the same documenL Woth respect 10 the order 01 supersedence, any attached ExI1ibits shaU govern over these General Provisions and lhe Letter Agreement shall govern over any attached Exhibits and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the periormance of se/Vices hereunder shall be as setlJrth il the Letter Agreement. In this regard, any lump sum or estimated maximum payment amoonts set IOf1h il the Letter Agreement have been es1ablished in antqlation 01 an orderly and coomuous progress of lhe Project in accordance with the schedule set IOf1h in the Letter Agreement or any Exhibits atlached therelo~ ARTICLE 3. COMPEHSA TION TO TKDA A. Compensation 10 TKOA for services desailed in this Agreement shan be on a Lump Sum basis and/or an Hourly Rate basis as designated in the Letter Agreement and as hereilafter described. 1. A Lump Sum method of payment lor TKDA's seMces shaU apply 10 all or parts 01 a work saJtlO where TKDA's tasks can be readily defined and/or where the level of effor1 required 10 aCCOOlplish such tasks can be estimated wlth a reasonable degree of acaJracy. The OWNER shal make monthly payments to TKDA withil 30 days of date of invoice based on an estimated percentage 01 complelion of TKOA's services. 2. An Hourly Rale method of payment for TKDA's services shall apply to all or parts of a war1< scope where TKDA's tasks cannot be readiy defined and/or where the level of effor1 required to accomplish such tasks cannot be estimated with any reasonable degree of lICQJracy. Under an Hourly Rate method of payment TKDA shall be paid for the actual hours worked on the Project by TKDA technical personnel times an hourly biting rate esloblished for each employee. Hourly billing rates shal inctude COfTlll!OSalion for all salary costs. payroll burden, general and administrative overhead and professional lee. A rate schedule shall be furnished by TKDA to OWNER upon request. In add'dion to the Ioregoing, TKDA shan be reimbursed at cosllor the IoUowlng Direct Expenses when ilwrred in the performance of the work: (a) Travel and subsistence~ (b) Computer se/Vices. (e) Outside profess""al and technical services with cosl defined as the amount b~ed TKDA plus 10%. (d) Identifiable reproduction and reprographic costs~ (e) Oiher expenses for additional items and services as set fO<1h in the Letter Agreement. The OWNER shall mal<e monthly payments to TKDA within 30 days of date 01 invoice based on COOlputalions made in accordance with the above charges for services provided and expenses iocurred to date, acoompanied by supporting evidence as required. B. The OWNER wil pay the balance stated on the invoice unless OWNER notifies TKDA il writing of the particular ~em that is alleged to be incorrect within 15 days from the dale of invoice. in which case, only the disputed item wiN remain undue unlil resolved by the parties. All accoonts unpail after 30 days from the date of origilal Invoice shall be subject to a service charge 011-1/2% per month, or the maximum amount authorized by law, wIlichever is less. TKDA shall be enlilled to recover all reasonable costs and disbursements, including reasonable altomeys fees, inWlTed in coonection with collecting amounts owed by OWNER. In addition, TKDA may atter giving seven days' written nolice to the OWNER, suspend services under this Agreemenl until TKDA has been paid in fun for an amounts then due for services, expenses and charges. OWNER agrees that TKDA shall not be responsible for any claim for consequential damages arising from suspension of services hereunder. ARTICLE 4. EXTRA WORK If TKDA is of the opinion lhat any war1< they have been directed to petfonn is beyond the Scope of this Agreemen~ or that lhe level of ellort required signfficanny exceeds that estimated due \0 changed conditions and thereby constitutes extra war1<. they shaH noIify the OWNER of that fact. Extra wor1<, additional compensation I:>r same. and extens"" of line for completion shall be covered by a Supplemenlal Agreement entered into by both parties. ARTICLE 5. ABANDONMENT, CHANGE OF PlAN AND TERMtNATION Either Party has the right to termlnate this Agreement upon seven days written nolice. In addition, the OWNER may at any line, reduce the saJtlO of this Agreement. Such reduction in scope shall be setlOf1h in a written notice from lhe OWNER to TKDA~ In Ihe event of unresolved dispule ove< change in saJtlO or changed conditions. this Agreement may also be terminated upon seven days' written notice as provided above~ In the event of tenninalion, all dowments finished or unfinished. prepared by TKDA under this Agreement shaH be made avaiable by TKDA to the OWNER pursuant to Articte 6, and there shall be no further obigation of the OWNER to TKDA under Ihis Agreemen~ excepl for payment of amounts due and owilg I:>r wor1< pedooned and expenses incuned to the date and time of tenninalion, COOlputed il accordance with the provisions 01 Article 3 and the Letter Agreement. In the event 01 a reduction in scope of the Project work, TKOA shan be paid lor the work performed and expenses incurred on the Project wor1< thus reduced and lor any completed and abandoned wor1<, I:>r wIlich payment has not been made. computed in accordance with the provisions of MicIe 3 and the Letter Agreement. ARTICLE 6. DISPOSITION OF PlANS, REPORTS AND OTHER DATA At the time of COIJ1l!elion or termination of the wor1<, TKOA shaH mal<e avaiable to the OWNER, aU maps, tracings. repor1s, resoun;e materials and other doaJments pertaining to the work or to lhe Project. All such documents are not illended or represented 10 be suitable for reuse by lhe OWNER or others on extensions 01 the Project or any other project. Any reuse without written verification or adaptation by TKDA lor the specific purpose intended will be at OWNER's sole risk and without liabiily or legal exposure to TKDA In this regard, the OWNER will indemnify and hold hannless TKDA from any and aU suits or daims of Ihlrd parties afising out of such reuse, wIlich is not specifically verified, adapted. or authorized by TKDA. In the event electronic copies of documents are made avaiable to the OWNER pursuant to the foregoing paragraph, lhe OWNER acl<nowledges that the usefulllle of electronic media such as magnetic tapes and/or tIoppy disks may be tim~ed because of deterioration of the media or obsolescence of the computer hanlware and/or software syslems~ Therefore, TKDA makes no represenlolion that such media wi! be fuUy usable beyond 30 days from date of delivery to OWNER. ARTICLE 7. OWNER'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to signing an aa:eplance blank on the Letter AgreemenL the OWNER may execute the conbact by issuing a purchase order signed by a duly authorized representative~ Such purchase order shall ilcorporate by reference the tenns end conditions of this Agreement. In the event of a cootlict belween the tenns and conditions of this Agreement and those cootailed in Ihe OWNER's purchase order. the terns and conditions of this Agreement shaH govern. Notwithstanding any purchase order provisions to the contrary. no wanantees. express or implied, are made by TKDA. ARTICLE 8, OWNER'S RESPONSlBlUTIES A~ To pennlt TKDA to pertarm the services required hereunder. the OWNER shall supply. in proper time and sequence, lhe following at no expense \0 TKDA: 1. All necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing. a person to act as OWNER's represenlotive with respect 10 the selVices to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions. receive mformation. and inte",ret and define OWNER's policies wllh respect to TKDA's selVlces. TKDA.QWNERGENERAlPROVlSIONS OCTOBER 1993 3. Fumish, as required br petfoonance of TKOA's services (except to !he exlef1t provided o!heJWise in !he Leiter Agreement Of any Exhibits attached !herelo), data prepared by Of services of o!hers, including wiIhouI limitalion, core bomgs, probing and subsulface explorations, hydrographic and geohydrologic surveys, laborafDfy lests and inspections of samples, materials end equipment appropriate protessiJnal inlerpretations of an of lhe foregoing; environmental assessment and inpact statements; property, boundary, easemenL right-of-way, topographic and uliily surveys; property ~s; zoning, deed and other land use restriction; and other special data not covered in !he Leiter Agreement Of any Exhibits attached thereto, 4, Provide access 10, and make .. prooisions for TKOA 10 enter upon publicly or privately owned property as required 10 perfoon lhe wor1<, 5. Ad as iaison wilh oIher agencies or irrIolved parties 10 carry out necessary coordination and negotiations; Mnish approvals and pennits from all governmental a_s havirg ;,J1isdiction over Ile Project and such approvals and consents from oIheI1; as may be neressary for rompIetion of lhe Project. 6. Examine an repor1s, sketches, drawings, specifications and other documents prepared end presenled by TKOA, obtain advice of an attorney, insurance counselor or o!hers as OWNER deems necessary for sucl1 examination and render in writing, decisions pertaining !hereto within a reasonable t.me so as rot to delay !he services of TKOA. 7. Give _t written nolice 10 TKDA whenever OWNER observes or o!heJWise becomes aware of any development that afIects !he scope or liming of TKOA's services or any deted in Ile wor1< of Construction Con1raclorts), Consultants or TKDA, 8. Initiate action, .mere appropriale, 10 identify and investigate lhe nature and extent of asbestos andiof pollution in !he Project and to abate and/or remove !he same as may be required by federal, stale or local statute, onlinance, ~, rule, Of regulation roN existing or hereinafter enacted or amended. For purposes 01 Ills AgreemenL "pollution" and "poHutanr shall mean any solid, iquid, gaseous or IhennaI manl or cootaminanL including smoke, vapor, sooL a1kais, chemicals and hazardous or toxic waste. Hazardous or toxic wasle means any substance, wasle, poftutant or cootaminant roN or hereafter included wilhi1 such tenns under any mdernI, stale or local statute, oolinance, ~, rule Of regulation roN existing or hereinafter enacted or amended. Wasle further includes materials 10 be recycled, reronditioned or redaimed~ K TKOA encounters, or reasonably suspects that ~ has encountered, asbestos or pollution in !he Project. TKOA shan cease activity on lhe Project and _By notify lhe OWNER, who shall proceed as set for1h above. Unless oIherwise spedficaly provided in Ile Letter AgreernenL !he services 10 be provided by TKOA do not lnclude identification of asbestos or poftution, and TKDA has no duty 10 identify or attempt to identify !he same within !he area of the Project, Wllh respect 10 !he bregoing, OWNER ad<nowtedges and agrees that TKOA is rot a user, handler, generator, operator, lreater, storer, IIansporter or disposer 01 asbestos or pollution wllicll may be enwuntered by TKOA on lhe Project. It is further understood and agreed that services TKOA wiI undertake for OWNER may be ",insurable obligations involving !he presence or potential presence of asbestos or pollution, Therefore, OWNER agrees, except (1) sucl1 liability as may arise out of TKOA's sole negligence in !he performance 01 services under lhis Agreement or (2) to lhe extent ol insurance coverage available for lhe dam, to hold hannless, indemnify and defend TKDA and TKOA's officers, suboonllactor(s), employees and agents from and against any and all claims, lawsults, damages, liabilty and costs, including, but not lim~ed to, costs of delense, arising oul of or jn any way connected with lhe presence, discharge, release, or escape 01 asbestos or poftution, This indemification is intended to apply only 10 existing conditioos and not 10 conditioos caused or aeated by TKDA. g. Provide such accounting, independent cosl estimating and insurance counseling services as may be required for lhe Project, such legal services as OWNER may require or TKOA may reasonably request ,.;lh regartl to legal issues pertaining 10 !he Project including any that may be raised by Conlractor{s}, sud1 auditing service as QlNNER may require to ascertain how or for what purpose any Contractor has used !he moneys paid under lhe construction conllact, and such inspection services as OWNER may require to ascertain thaI Conllactor(s) are complying ,.;lh any law, rule, regulation, ordinance, code or order applicable 10 !heir furnishing and performing the v.orl<. 10. Provide -record" drawings and specifications for all existing physical plants or facilities ..nicll are pertinent 10 lhe Project~ 11 Provide other services, materials, or data as may be set forth in the Letter Agreement or any Exhibits attached therelo. B, TKDA shall be enli1fed 10 rely on the acwracy and COfT4'leteness of information furnished by !he OWNER. If TKOA finds that any information furnished by !he OWNER is in error or is inadequale for its purpose, TKOA shal promptly notify lhe OWNER. ARTICLE 9, OPINIONS OF COST Opinions of probable project cost, construction COSL linancial evaluations, feasibiity studies, economic analyses of aflernate sokIions and uliitarian considerations of operations end maintenance costs provided for in lhe Lefter Agreement or any Exhibits attad1ed lhereto, are to be made on !he basis of TKOA's experience and qualifications and represenl TKOA's judgment as an experienced and qualified design professjonaI. It is recognized, however, that TKOA does rot have conbol over !he cost 01 tabor, material, equipment or services furnished by o!hers or over marl<et con<ilions or cootractors' melhods 01 determining !heir prices, and that any evakJation 01 any faaity 10 be coo_, or acquired, or wor1< to be performed on !he basis of TKDA's cost opinilns, must 01 necessity, be speaJtative un~ COf1ll!etion 01 construction or acquisition. Accordingly, TKDA does rot guarantee that proposals, bids or adJal costs wit not substantially vary from opinions, evaluations or studies submitted by TKOA 10 OWNER hereunder~ ARTICLE 10. CONSTRUCTION PHASE SERVICES OWNER admowtedges that ~ is customary br !he arthitect or engineer who is responsille for lhe preparation and furnishing 01 Drawings and Specifications and oller construction-<elaled documents 10 be e~ 10 provide proIessionaI services during !he Bidding and Conslrudion Phases 01 !he Project, (1) 10 inErprel and dady !he documentation so fumished and to modify the same as circumstances revealed during bidding and coostruction may dictate, (2) in connection with acceptance ol substlute or or-equal ~ems of materials and equipment proposed by bidders and Conlraclor(s), (3) in coonection with approval of shop drawings and sample _, and (4) as a result 01 and in response to TKOA's detecting in advance of perfonnance 01 allected wor1< _tencies or irregularities in sucl1 documentation, OWNER agrees that ~ TKOA is rot employed 10 provide such professional services during ... Bidding (~!he wor1< is put oul for bids) and !he Construction Phases of !he Project, TKOA wiI not be responsible br, and OWNER shall indemnify and hold TKOA (and TKOA's professional associates and consultants) harmless from, al daims, damages, losses and expenses including attorneys' fees arising out 01, or resulting from, any inlerpretation, clarification, substitution acceptance, shop drawing or sample approval or modification 01 such documentation issued or canied out by OWNER or o!hers. Nolhing contained in this paragraph shall be construed to release TKDA (or TKOA's professional associates or consultants) from liability for faiure to perform in aa:ordance with professional standards any duty or responsilility wllicll TKDA has undertaken or assumed under lhis Agreemenl ARTICLE 11. INSURANCE TKDA shall procure and maintail insurance for protection from cIains against ~ under _ers' compensation acts, claims for damages because 01 badly injury including personal injury, sid<ness or disease or dealh of any and an employees or of any person oIher than sucl1 employees, and from dains against l for damages because ol injury to or destruction ol property including loss ol use resulting therefrom. Also, TKOA shall procure and maintain professional liability jnsuranee for proledion from daims arising out ol performance 01 professiJnal setVices caused by any negligent act, error, or omission for wllicll TKOA is legally liable. Certificates 01 insurance ,.;U be provided to !he OWNER upon requesl ARTICLE 12. ASSIGNMENT This Agreemen~ being intended 10 seaJre lhe personal service of !he individuals employed by and lhrough whom TKDA perfoans wor1< hereunder, shall not be assigned, sublet or IIansfefJed wilhout Ile written coosent of !he OWNER. ARTICLE 13. CONTROlUNG LAW This Agreemenl is to be governed by !he laws 01 !he State ol Mimesota. ARTICLE 14. NON-lllSCRlMtNATlON TKDA will comply ,.;lh the provisions of applicable lederal, state and local statules, ortlinances and regulations pertaining to human rights and non-disaimination. ARTICLE 15. SEVERABIlITY My provision or portion ihereol in lhis Agreement wllicll is held to be void or unenforceable under any law shaI be deemed _n, and all remajning provisions shaU cootinue 10 be valid and binding between OWNER and TKDA. TKDA-OWNER GENERAL PROV\SIOHS OCTOBER 1913 Memo VI-tO To: Mayor Werner and City Council From: Larry Phillips, Planning Intern Date: August 21, 2006 Subject: Order Public Hearingl 1st Reading - Rezone #2006-39 to rezone property from R-1, Low Density Residence, to P-l, Public Institution at Pleasant Hill Library located at 1490 South Frontage Road. REQUEST The City Council is asked to hold a public hearing and consider 1 5t reading of an ordinance amendment to Chapter 10.01 of the City Code to rezone the two properties generally located at 1490 South Frontage Road be rezoned from R-1, Low Density Residence to P-I, Public Institution, as requested by the City. Subject to approval by the City Council, the public hearing and second reading would be scheduled for the September 5th, 2006 City Council Meeting. There is no proposed development at this time. RECOMMENDATION BY PLANNING COMMISSION The Planning Commission unanimously voted to recommend approval of the rezoning at the August 14th, 2006 meeting with limited discussion. No one spoke against the item during the public hearing. The rezoning is consistent with the Comprehensive plan. ATTACHMENTS · Site Location Map #2006-39 - Rezone Pleasant Hill Library Site City Council Memo - August 21, 2006 Page 2 BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates these properties as P, Public. Adjacent Zoning and land Use Direction Existin~ Use Zonin~ Comp Plan North East Highway 55 Dakota Co. Gov. Center Pleasant Drive Super America Gas Sta. South Frontage Road Town Homes Vacant Land North American Bank P-I - Public Institution P-Public C-4 - Reg. Shop. Center C-Commercial South West R-4 - PRD High Den. Res. U-1II-UrbanRes. R-I - Low Den. Res. P-Public C-4 - Reg. Shop. Center C-Commercial Existing Condition The Pleasant Hill Library located at 1490 South Frontage Road was constructed in 1994. The adjacent property known as the NW y.; of the SE y.; of Section 29-115-17 is vacant and is owned by the City. Purpose Dakota County seeks the rezoning in order to allow for a second monument sign on the site. Monument signs in the R-1 Districts are limited to one sign. To "+ <0 . z 0 ~ .~ 0 c - N 1; 0 .,. -.:t - <; ..- CO () ...- 0 CIl ::J ...J OJ Q) E :; 0 0 ::J - c '" ex: <( .J ii lL lL " '< I- ~ .5 N M ~ U N N M M ~ ~ ~ " 0 "' <3 '" "' U U U U 0 - " <L <i: <i: <i: <i: ex: <i: <i: ex: '" '< >. ~t:: <<l 0) ...c..c.. :eelll ...10..::2: ='EC: ::I: 0).2 -u- l: III ra ra ..... u CIl"<( 0 III ...I .s!" a..c: III "0 C Q) CJ) ~ II JOe1111i11 ~e'IIOO I 0::: l{) l{) >- S I VI-11 MEMO To: From: Date: Re: Honorable Mayor and City Council Nick Egger August 16, 2006 Change Order #\ for 3rd Street Area Improvements Enclosed for Council approval is Change Order #\ to the 2006 3rd Street Area improvement project for the installation of a drain tile system and road bed stabilization work for the block of Eddy Street between 4th Street and 5th Street. Both a shallow ground water table and poor soils were encountered beneath the surface of Eddy Street in this area. The drain tile system and replacement of soils will improve the long- term durability of this road section. AUG-16-2006 08:13 From:PEMBER PROJECT MNGRS 7152354641 To: 16514377082 P.2/2 City of Hastings - Engineering Department CHANGE ORDER #1 Contraclor: Address; Pember Companies, Inc. N4449 469th Street M~I}(II'Ilome,-WU415 I Cily Project No.: 2006-1 --"--- Conlract Name: 3rd Street Area Improvements In aceordal)Cc v.ilh ,be terms of this OOftUtu:t, y(lU are heteby 3.utJlon7.ad and instructed to pc:rfbnn the W'C'llk 01S oltcttd by th~ rull.('wing provlf~jon~ The City of Hastings and Pember Companies, Inc. hereby awce that new Iinc items and unit prices are established to account for the construction of II drdin tile system and subgrRde stabilization beneath Eddy Street; The new line item will be described as listed below: KSTIMA rTF-/I{ ADDITION NO. DESCRlPTION UNIT OUANTI 139 4" HDI'E DRAIN TILF.l'lPE. EA 50 PERFORATE/) i4il 1.25" Cl,EAN LIMESTONI3 ROCK TON 50 - t41 G130TEX11LE FlLTeR FABRIC- 8Y 1450 ~ TYPE TV (SPECli\L1 TED AL TY UNIT COST S32,50 EsnMA l'ED ADDrrION,U. COST $1,625.00 $IR~OO $3.60 S9OO.00 $5,220.00 - Ilasis of pllyrn&TIt for subgrade excavation and granular borrowlbackfill associated with the construction of the drailllile system and suhgrade stabilization will continue at the unit prices bid. Approved Ry; Acting Cty Engineer Date: I '2.oor... Accepted By: 1Z:;> ~- J Pember Companies Authorized Representative -. Date: .g (iI. I 'L-~ a (, ___ !IJ",-\e. " GL J\~ Jad ..,,,,i- .." c.. (~4 core &-r: II t"'J . FLUEGEL & MOYNIHAN P.A. Attorneys At Law VI-12 Donald J. Fluegel' Shawn M. Moynihan Daniel J. Fluegel 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 Telephone 651-438-9777 Fax 651-438-9775 August 17, 2006 Mayor Michael D. Werner and City Council Members Hastings City Hall 10 I East 4th Street Hastings, MN 55033 Re: Lot 2, Block 2, Hastings Industrial Park No.6 Dear Mayor and City Council Members: I am writing to request the city council authorize the Mayor and City Clerk to execute a Quit Claim Deed where the city would release all interest in Lot 2, Block 2, Hastings Industrial Park No.6, including any interest that was referenced in a prior Warranty Deed. Backf!.round. On October 5, 2001, the city conveyed Lot 2, Block 2, Hastings Industrial Park No.6 to Lloyd Lodewegen and Susan Lodewegen under the city's business subsidy program. The Lodewegen's constructed a building and operated a business on that property known as Forpack. The Lodewegen's were required to construct a building and hire a certain number of employees at a certain minimum wage level. The documents recorded as part of that transaction contained the standard provision that said if the Lodewegen's did not meet the construction and employment requirements, the city could take the property back. The Lodewegen' s have met both of these requirements. A certificate of completion was filed in July, 2002. The Warranty Deed that conveyed the property to the Lodewegen's contained a provision that stated in the event the Lodewegen's failed to comply with all covenants under the Purchase and Development Agreement, the city had the right to reenter upon the property and take possession. The property is now being sold to new owners, Tim and Kristi Nelson. About a year ago the city issued a special use permit for the property to Tim and Kristi Nelson. The title examination as part of this transaction raised an objection that the "reversionary interest" contained in the Warranty Deed to the Lodewegen's still may remain. The new buyers are asking the city to give a Quit Claim Deed releasing all interest in the property including the reversionary interest contained in Section 2 of the prior Warranty Deed. . Also admitted to practice in Wisconsin I have confirmed with John Grossman that the Lodewegen's have complied with all requirements under the business subsidy program. As I mentioned previously, four years ago the city filed a certificate of completion indicating that fact. Accordingly, the city is not giving up anything by giving this Quit Claim Deed. It is being used to merely clear a title objection. If you have any questions, please feel free to call me. Very truly yours, FLUEGEL & MOYNIHAN, P.A. Shawn M. Moynihan City Attorney SMM/ham cc John Grossman MjlJerrOaVi~ Co. IQ St,'paUI, MN 651,642- 1 ~~~-l Minnesota Uniform Conveyancing Blanks (1115/97) ! I i I I ,"1Jocs-~ 31-M-- QUIT CLAIM DEED Corporalion, Partnership or Limiled LiahililY Company to Corporation, Partnership or Limited Liability Company (Top 3 inches Reserved for Recording Dala) DEED TAX DUE: $__ I (i'i Date: FOR VALUABLE CONSIDERA nON, Cit}' of Hastings a Minnesota Municipal Corporation__ under the laws of Grantor, hereby conveys and quitclaims to Son Rise Properties LLC Minnesota Grantee, a Limited Liahility Corporation under the laws of real property in Dakota County, Minnesota, described as follows: Lot 2, Block 2, Hastings Industrial Park No.6 The purpose of this Quit Claim Deed is to terminate all of Grantor's interest in the property described above, including the reversionary interest contained in Section 2 of the Warranty Deed dated October 5, 2001 and recorded as Dakota County Document No. 449700. together with all hereditaments and appurtenances. Check box if applicable: ~ The Seller certifies that the seller does not know of any wells on the described real property. o A well disclosure certificate accompanies this document. o I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. CITY OF HASTINGS, A Minnesota Municipal Corporatio~_ Minnesota } 55 By Michael D. Werner Its Mayor By Melanie Mesko Lee Its Assistant City Administralor/City Clerk (SEAl) Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF DAKOTA This instrument was acknowledged before me on __~ Michael D Werner Mayor and and (Dale) Melanie Mesko I,ee Assistant City Administrator/City Clerk (SEAL)_ by the of City of Hastings a Minnesota Municipal Corporation under the laws of on behalf of the Minnesota Municipal Corporation Minnesota NOTARIAL STA.t\tP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) ~ Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): THIS INSTRUM~'T WAS DRAFTE.D BY (NAME AND ADDRESS): Shawn M. Moynihan, #143972 Fluegel & Moynihan P.A. 1303 South Frontage Road, Suite #5 Hastings MN 55033 WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. MEMO VII-l V111-A-1 To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery August 17,2006 Project 2006-5 Industrial Park ih Addition Grading, Street and Utility Improvements Council received the feasibility report for the proposed Project 2006-5 Industrial Park ih Addition Grading, Street and Utility Improvements at the August ih meeting. The public hearing for this project has been scheduled for the August 21 sl Council meeting. The proposed Industrial Park 71h Addition improvement project is a City initiated project that will require the votes of six Council members to approve the project. . PROPOSED IMPROVEMENTS The proposed Industrial Park ih Addition improvements consist of grading the site located between Enterprise Ave and the Glendale Heights Addition and between Spiral Boulevard and 31 sl Street, less the two lots on Enterprise A venue that have already been sold; the Miller Electric property and the Midwest Packaging property. In addition to grading the new addition, storm sewer, watermain, sanitary sewer and street improvements will be constructed for Lightboume Court off of 31 51 Street. Storm sewer improvements will also be made to the lots abutting Spiral Boulevard to direct storm water flow to the existing pond to the north, while controlling erosion. :z 0 ~ C> :J cr f- (J) :z 0 (f') C> !i:!z f- LU Slw >- LU ex: W::e W f- ::J:a.. (J) WO ~ -l-l ~ <tW C:> Z Zw WC -l <:J . . . C 0: <t :>- W -l :::l o m -l <l: 0: 0:: (f') (J) I- Z W ~~ a:: > <to a. a:: ..../a. <t::s 0:- I-Z (/)0 :::l- 01::: zO -0 <t :I: ~ .......... 3flN3NI3S1l:1dl:l31N3 (fJ I- Z W :2 W > o 0:: zo... 0:2 1->- -I- 0- 0--1 <(l- I=> I-~ I- f'-...-: (/) :::S:::w <'io::W <(<b~o:: Io I- 0--1(fJ LL (\J <( _ Ql-o::C) Ol-Z >-W(fJO I-O=><( -0::00:: () 0... Z C) (/) CD z """'~ ~..'. ;<; 1f~:{liJ.. l'- . 0 Z ~ ~ < ~ ~ < ~ ~ E-c U) ~ Q Z ~ r.n ~ Z ,/ ~ E-c if), < == w ~ '" ~ # " ,~ ~ '; j ; 3 -. , II t;fl I;,; E~J !~i'i ~:S ~<rt ~,...,--~il ~?j t:!U r-" ! '. "'J }w ~ ~ 't- H ~ .iit I I z &f... ~ I 2'2 " A 7 '" ~ I ~4 '" W W " " i ~ ., " ...) f-. ~ " i I ,,,:::t ~ .. ~ "...... ~ ~ '. , -< ~ ::!..'i t~ ;;,j . :\'c~ <> A b 'J! n ~ '" t~it' 0 ~ .~ l;..^~ir~ 1- i;~~~;b;; ~- :- ~~~ 'y...u ~ V~C ~:.J~ . PROPOSED ASSESSMENTS The total project cost is almost $890,000. The grading cost was spread equally among the six cul-de-sac lots and the three Spiral Boulevard lots. The street and utility costs for constructing Lightboum Court were then added to the grading costs to determine their proposed assessment. As proposed, the three Spiral Boulevard lots would be assessed $48,416.50 each (Spiral Boulevard street and utility costs were previously assessed against these properties) and the six Lightboum Court lots would be assessed $124,120.48 each. . SUMMARY OF ISSUES AND COMMENTS No neighborhood meeting was held as all of the proposed improvements and assessments are against City Industrial Park properties and are proposed at the recommendation of the Economic Development Commission. COUNCIL ACTION REQUESTED Council is requested to adopt the enclosed resolution ordering the improvements and approving plans for the Industrial Park ih Addition improvement project. CITY OF HASTINGS Dakota County, Minnesota Resolution No. RESOLUTION ORDERING THE IMPROVEMENT AND ApPROVING PLANS AND SPECIFICATIONS FOR PROJECT No. 2006-5, INDUSTRIAL PARK 7TH ADDITION GRADING, STREET AND UTILITY IMPROVEMENTS WHEREAS, a resolution of the City Council adopted the ih day of August, 2006, fixed a date for a Council hearing on the proposed grading, street and utility improvements to the Industrial Park 7th Addition, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 21 st day of August, 2006, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the feasibility report dated August 3, 2006. 3. Plans and specifications for the Industrial Park 7th Addition Improvements prepared by the Hastings Public Works Director are hereby approved. 4. The City Engineer shall prepare and cause to be inserted in the Hastings Star Gazette and in the Construction Bulletin an advertisement for bids for the construction of the approved Project 2006-5, Industrial Park 7'h Addition grading, street and utility improvements in accordance with such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will opened and considered by the Council at 12:00 Noon, Thursday, September 14,2006 at Hastings City Hall, and that no bids will considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Hastings for 5%of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 21st DAY OF AUGUST, 2006. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) VIII-A-2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery August 17,2006 Resolution Ordering Feasibility Studies for Proposed 2007 Improvement Program Enclosed for Council considerations is a resolution requesting feasibility studies for the following projects proposed for construction in 2007: . Project 2007-1, 5th Street Area Improvements . Project 2007-2, Spiral Boulevard Area Improvements PROJECT 2007-1, S!.!! STREET AREA RECONSTRUCTION This project would involve reconstructing 5th Street from Spring St. to State Street, and 6th and 7'h Streets between Pine Street and State Street. Three side streets would also be included: ~ring Street from 4th St. to 6th St., Ashland St. from 5th St. to 6th St., and Forest St. from 4 St. to 6th Street. These streets are generally in very poor condition, typically lacking curb and gutter and adequate storm drainage. Sanitary sewer and watermain utilities east of Pine Street are generally in poor shape and would be replaced. The existing watermain on 6th Street has been repaired several times and would also be replaced. Existing sidewalks would be reconstructed. New sidewalk is proposed for Spring Street alongside Wilson Park. PROJECT 2007-2, SPIRAL BOULEVARD AREA IMPROVEMENTS The Economic Development Commission has recommended Spiral Boulevard improvements to address the deteriorating infrastructure and to make the main street through the Industrial Park more presentable and attractive to current and future tenants of the park. As proposed, Spiral Boulevard would be reconstructed between Hwy 316 and Enterprise A venue. The preliminary concept plan would have the center median eliminated, storm sewer installed, and the new street would include concrete curb and gutter. A landscape architect would be brought in to design and include streetscape features with the new construction. Millard Avenue would also be reconstructed as part of this project, along with a trail connection between the 31st St./South Pines trail system and the Vermillion River trail system, completing an important link to the south end of the City and providing trail access to Veterans Park. A trail would also be constructed on the north side of Spiral Boulevard between Millard and Hwy 316, providing a link to the Civic Arena. C:\Documents and Settings\tmontgomery.HASTINGS\My Documents\20070rderFeasMemo&Res.doc COUNCIL ACTION REQUESTED Council is requested to adopt the enclosed resolution ordering feasibility studies for Projects 2007-1 5th St. Area Reconstruction and 2007-2 Spiral Boulevard Area Improvements. C:\Documents and Settings\tmontgomery.HASTINGS\My Documents\20070rderFeasMemo&Res.doc CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ORDERING THE PREP ARA TION OF FEASIBILITY REPORTS FOR 2007 IMPROVEMENT PROGRAM WHEREAS, it is proposed to construct the following improvements as part of the 2007 Street and Utility Improvement Program: . 2007-1 5th Street Area Reconstruction, including 5th Street from Spring Street to State Street, 6th Street between Pine Street and State Street, ih Street between Pine Street and State Street, Spring Street from 4th St. to 6th St., Ashland St. from 5th St. to 6th St., and Forest St. from 4th St. to 6th Street. The proposed improvements include street reconstruction, sanitary sewer and watermain replacement, storm sewer construction, and sidewalk construction. . 2007-2 Spiral Boulevard Area Improvements. The proposed improvements involve reconstructing Spiral Boulevard between Hwy 316 and Enterprise A venue and Millard Avenue from 31st Street to Veterans Park. Construction of a bituminous trail line between 21st Street and 31st Street is also proposed. These proposed improvements include street reconstruction, storm sewer, bituminous trail and streets cape construction. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that The above proposed improvements are hereby referred to the Public Works Director for study and he is instructed to report to the City Council with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they would be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 21st DAY OF AUGUST, 2007. Ayes: Nays: Michael D. Werner; Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) C:\Documents and Settings\tmontgomery.HASTINGS\My Documents\20070rderFeasMemo&Res.doc . . . -0 .2. I\l 0 0 r- -J CD , ~ IC (1) (J'1 :J - =r- a. ~ ro CD - ~ (1) III ::Ii .4tz m "0 -n 0 ell 0 m. Q :<. ~, =~ > ~ ~ . ~ ~ U1 o o N U1 o o U1 o o c ,-i I t~SJI '00- i.....m '1" 0 I ' _mD I. ...r::J..[J;, 0,1 i dCiPil 'L:::rm'--El11 [: c~-Tdi.r~m .f ~mm,>;\!.' . ~IJI.. . =--1"11. I ., 0-0:::'.10 n '. ,mmClL. =,.,0 ,m 'b1.1!t' ...........,.il5.'u . ~g... L..'~_ ... ........, _m~ I r"lnCi,. \-,.~..'Cl\.l 01. I.' ,9,.1 a., " m_l. 181.1~ " c '. .,.m,. t:::::l,!!, \'?,O ,p, ro , 0 r '-'--1 , ,--"I :-~b?.~!8---J'i.,.,,' i 0" L-' .OP~ti ,--JI jvm,mtj .:t ,..:O;Oor IJ ,=~ 'mm:2:' ~rnj, Pr'i"''hi ~_.,.J,)''''''J'~'---C:J- ic:]dai:::] i[);~i ,~D------b-~.--bJ <U OrrCl, c:J )> -, ~ Q H 3 ~ -, o < ~ 3 ~ ~ ~ en CJ1 ~ :T~ (/\' ~ 0 -,~ ~ 0 ~ en ~ ~ a. ~ -, o c..- . ~ n ~ N o o "" I ..... en +'" C Q) E Q) > o l- e.. E N I I"'- o o N +'" - ~ ro . .....,. Q) o I- 1-<( o.."'C "'CI- Q) ro en > o Q) e..- o :J I- 0 o..CO - ro l- .- e.. Cf)1 ~ L " > ~I .. .- Q. In '" o ? ~ " t; <( = '!3 t " - Q) aQ) aLL a N a a ID ~ a a a ~ a a ID a ID N a I(t~ z ~~)(w ~ VIII-B-l Special Use Permit Hastings Automotive City Council Memo - August 21, 2006 Page 1 Memo To: Mayor Werner and City Council From: Kari Barker, Associate Planner Date: August 21, 2006 Subject: Special Use Perm it- Hastings Automotive has applied for a Special Use Permit to conduct a car sale in the C-4 District. REQUEST Hastings Automotive seeks approval of a Special Use Permit to operate a temporary auto sale at the Westview Mall located at 1355 South Frontage Road. The cars would be set up on Thursday, August 24,2006. The actual sale would run from Friday, August 25,2006 through Monday, September 4, 2006. The clean-up and removal of cars would occur on Tuesday, September 5, 2006. Westview Mall is in the C-4 District. Per Ordinance 10, Section 10.21, auto sales are allowed in the C-4 District by Special Use Permit. ACTION BY PLANNING COMMISSION On August 14, 2006, the Planning Commission met on the aforementioned item. Schmitt motioned to approve the Special Use Permit, seconded by Peine. The motion passed (4-0). Please see attached meeting minutes. ATTACHMENTS · Revised Ordinance . Application · Letter from applicant · Location Map · Diagram of Westview Mall parking lot · Planning Commission Meeting Minutes from August 14, 2006 . Resolution Special Use Permit Hastings Automotive City Council Memo - August 21, 2006 Page 2 ~.. BACKGROUND On August 7,2006, City Council approved an amendment to Ordinance 10, Section 10.21, C-4 - Regional Shopping Center to allow temporary auto sales. Please see the attached ordinance. The Ordinance takes effect on Thursday, August 17, 2006. During the ten-day sale, 150 vehicles would be for sale at the Westview Mall parking lot between the hours of 8:00 am and 8:00 pm. In addition, 15 to 20 employees would staff the lot. Other student fund raisers would also be taking place in the parking lot. Hastings Automotive stated it will donate $50 from the sale of each vehicle to the Hastings Education Foundation. Depending on the volume of sales, they anticipate a donation of between $5,000 and $10,000. Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as C-Commercial. Zoning Classification The subject property is zoned C-4, Regional Shopping Center. Temporary auto sales are identified as a special use in the C-4 District. Adjacent Zoning and Land Uses The following land uses abut the property: Direction North East South West Existina Use Commercial Townhomes T ownhomes Vacant land Zonina Comp Plan C-4 - Regional Shopping Center C-Commercial R-3- Medium-High Density Res. U-111-Ur.Res. R-3- Medium-High Density Res. U-111- Ur. Res. R-1- Low Density Residence P-Public SPECIAL USE PERMIT REVIEW Special Use Permit Provisions The Zoning Code defines and regulates special uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in thisZoning Ordinance. Special Use Permit Hastings Automotive City Council Memo - August 21,2006 Page 3 Additional Considerations Per the revised Ordinance, City Council members are asked to consider the following four items: 1. The affect on the total number of parking spaces at the business the sale is held. 2. The affect of the ingress and egress at the parking lot. 3. The affect on accessibility of emergency services. 4. The affect on neighboring businesses or residential areas from an increase in traffic. Parking Spaces The car sale will utilize the back two rows of parking stalls. A minimum of 150 stalls will be needed as there are 150 cars being sold. There appears to be adequate parking remaining for mall customers, particularly considering the former Big Lots store is vacant. Ingress and Egress Customers for the car sale will access the current ingresses and egresses for the mall parking lot. An increase in use is anticipated. Accessibility of Emergency Services Fire Chief Mark Holmes has requested that the internal traffic corridors in the parking lot not be blocked. This will insure that emergency vehicles have proper access. Please see Condition #4. Affect of neighboring businesses and residential areas Neighboring businesses will most likely see an increase in traffic on the roads in front of their businesses. As the primary surrounding uses are commercial, it is unlikely that any residential areas will be affected. Conditions Staff recommends that the following conditions be imposed as a condition of issuing the special use permit: 1. Hastings Automotive shall donate $50 per vehicle sold during these 10 days to the Hastings Education Foundation. Hastings Automotive shall provide an accounting to the city planner and to the Hastings Education Foundation within 10 days from the end of the sale as the amount of vehicles sold and the amount to be paid to the Foundation. Special Use Permit Hastings Automotive City Council Memo - August 21, 2006 Page 4 2. This special use permit shall be good only for the dates listed in this temporary special use permit. Nothing is this Temporary Special Use Permit shall be interpreted or construed to give the applicant or the property owner any rights to hold a temporary auto sale on any dates other than those listed in the temporary special use permit 3. The location of the temporary auto sale shall be as shown on the drawing submitted by the applicant to the city and further subject to the approval of the city's fire marshal. 4. No internal traffic corridors in the parking lot shall be blocked during the temporary auto sale. ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 10, SECTION 10.21, SUBD. 3 OF THE HASTINGS CITY CODE PERTAINING TO: ALLOWING TEMPORARY AUTO SALES AS A SPECIAL USE BE IT ORDAINED by the City Council of the City of Hastings as follows: Section 10.21, Subd. 3 - Uses by Special Permit in the C-4 - Regional Shopping Center District is hereby amended as follows: SUBD. 3 Uses by Special Use Permit. E. Temporarv auto sales may be allowed to support the activities of a non-profit community orQanization (Le. fundraiser for a sports team or school). Each auto dealership may be allowed one sale per year. with the sale not to exceed 14 calendar days per year. Each parcel of land in the C-4 district is allowed one sale per year. If a business consists of more than one parcel. only one sale may be allowed. The provisions of Section 10.21 E of the City Code shall expire on July 31. 2007. The followinQ shall be considered in QrantinQ a Special Use Permit: 1. The affect on the total number of parkinQ spaces at the business the sale is held. 2. The affect of the inaress and earess at the parkina lot. 3. The affect on accessibility of emerQency services. 4. The affect on neiQhborino businesses or residential areas from an increase in traffic. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this yth day of August, 2006. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the y'h day of August, 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 LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: tA.1 (Sf" i~) M4l( Legal Description of Property: Applicant t\ Name 1A.c.,-\l~.s A--tdvmotl~(.. Address ~~ ~k~YVV\.il\iD() ~ "'9 M t-.J SSO Phone <051- l.t~1- LtO?lD Fax (oS I-lf '" 7 - ifh,(;d..- Email Owner (If different from Applicant): Name Address Phone Fax Email Description of Request (include site plan, survey, and/or plat if applicable): Check applicable box(es): ~ Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: signatu~ f Applicant IJ i . ! Note: All fees and escrow amounts due at time of application. $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.1.: $1500 (Engineering) - 5,000 - 10,000 sL $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.1~: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.1~ +: $4000 ($1000 Planning + $3000 Engineering) Date plicant Name and Title - Please Print j)oUj P.ri( kS,(1) Official Use Only File # Fee Paid Administrative lot Split Comp Plan Amendment House Move lot line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Signature of Owner Date Owner Name - Please Print er~. /bW'l\~r , Rec'd By: Receipt # 4/2312003 Date Rec'd App. Complete ..~G5 ~ .. May 15,2006 Dave Osberg City Hall 101 4th St E Hastings~ MN 55033 Dear Dave, As per our conversion I am writing for approval nom the City Council to hold our annual summer sale at the Westview Mall. We have talked to the mall owners and have their approval. As part of our sale we will be donating a large amount of money to the Hastings Education Foundation and work: with the school to set up student fund raisers during the sale. We feel that this is a wonderful opportunity for the Hastings Schools and the Westview Mall. The merchants at the mall and the surrounding area will benefit greatly nom the increased traffic. Your immediate attention to this matter would be greatly appreciated as we have limited time to coordinate the event. Sincerely, Francee Jablonske cc: Mayor Mike Werner s-/7?>6/ HASllNGS AlJfOMOTlVE, INC. · 3625 VermiOion Street . Hastings, Minnesota 55033 (651) 437-4030 I ," ... 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I ::(j i U~ I '::,5 - I i '1;- l ~ " C28 I -11 i i \ f~ i "Sln~ Ji"'._ I !:!aa i i i ..~....., i 'ii i - !!... i .s I j"'''' I ;; I I " I u 1I .. .. ~ I ." ., I i .l! ~ f ... I I ~ = = = "" ...1 ~ If I ..:.- l - lid ell 65/17/2666 13:16 6514374396 w.sTINGS FCIID PAGE 82/62 City of Hastings Planning Commission Minutes - August 14, 2006 Page 1 of3 Hastings Planning Commission August 14, 2006 Regular Meeting 7:00 p.m. Commissioner Truax called the meeting to order at 7:05 p.m. 1. Roll Call Commissioners Present: Commissioners Absent: Staff Present: Peine, Truax, Schmitt, Hiedeman Zeyen, Twedt, Mcinnis Planning Director John Hinzman, Associate Planner Kari Barker, Planning Intern Larry Phillips 2. Approve July 31, 2006 Planning Commission Meeting Minutes Motion by Commissioner Hiedeman to approve the minutes of the July 31, 2006 Planning Commission meeting, seconded by Commissioner Peine. Upon vote taken, Ayes: 4, Nays O. Motion passed. PUBLIC HEARINGS 3. Hastings Ford - Special Use Permit #2006-40 - Temporary Auto Sales in the C-4 Zoning District - Westview Mall. Staff Report by Kari Barker. Commissioner Truax opened and closed public hearings at 7:09 p.m. Commissioner Schmitt addressed the four additional considerations Associate Planner Barker presented in the report and said they were adequate. Planning Commission Action: Commissioner Schmitt motioned and Commissioner Peine seconded approval of the Special Use Permit which will be subject to the follow recommendations: 1. Hastings Automotive shall donate $50 per vehicle sold during these 10 days to the Hastings Education Foundation. Hastings Automotive shall provide an account to the city planner and to the Hastings Education Foundation within 10 days from the end of the sale as the amount of vehicles sold and the amount to be paid to the Foundation. 2. This special use permit shall be good only for the dates listed in this City of Hastings Planning Commission Minutes - August 14, 2006 Page 2 on temporary special use permit. Nothing in this Temporary Special Use Permit shall be interpreted or construed to give the applicant or the property owner any rights to hold a temporary auto sale on any dates other than those listed in the temporary special use permit 3. The location of the temporary auto sale shall be as shown on the drawing submitted by the applicant to the city and further subject to the approval of the city's fire marshal. 4. No internal traffic corridors in the parking lot shall be blocked during the temporary auto sale. Upon vote taken, Ayes: 4, Nays O. Motion passed. 4. City of Hastings - Rezoning #2006-39 - Rezone from R-1 to P-I - Pleasant Hill Library Site -1490 South Frontage Road. Staff Report by Larry Phillips. Commissioner Truax opened and closed public hearings at 7:12 Commissioner Schmitt said there was no good reason why the properties were zoned R-1 to begin with, the site should be zoned P-I and there would be no good reason not to approve this rezone. Planning Commission Action: Commissioner Schmitt motioned to approve and Commissioner Hiedeman seconded the approval of the Rezone. Upon vote taken, Ayes: 4, Nays O. Motion passed. OTHER ACTIONS 5. Other Business A. Director Hinzman informed the Planning Commission that at the August 7, 2006 City Council meeting Fountain Meadows Final Plat was approved. B. Hinzman told the Commission that City Council also passed the Dairy Queen Site Plan at the August 7,2006 meeting. C. The Regina Hospital expansion Site Plan was tabled at the August 7,2006 City Council. Director Hinzman told the Commission that Regina must hold another neighborhood meeting and resolve outstanding issues. A public hearing will be held before the Council on September 5th prior to any final action. ,J, City of Hastings Planning Commission Minutes - August 14,2006 Page 3 on D. Director Hinzman informed the Commission that the next Vermillion Street Corridor meeting would be Tuesday August 15, 2006 at 6:30 p.m. The concepts that were presented at the June meeting will be expanded upon at the August 15th meeting. The final plan for the Vermillion Street Corridor will be presented in the fall of this year. 6. Adjourn Commissioner Hiedeman moved to adjourn the meeting and Commissioner Peine seconded. The meeting was adjourned at 7: 18 p.m. Respectfully submitted, Larry Phillips Planning Intern HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A SPECIAL USE PERMIT FOR HASTINGS AUTOMOTIVE TO HOLD A TEMPORARY AUTO SALE AT 1355 SOUTH FRONTAGE ROAD Council member Resolution and moved its adoption: introduced the following WHEREAS, Hastings Automotive has petitioned for a Special Use Permit to hold a temporary auto sale. The sale will be held at 1355 South Frontage Road legally described as the Northwest 'Ii ofthe Southeast 'Ii of Section 29-115-17; 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 Special Use Permit as presented to the City Council subject to the following conditions: 1. Hastings Automotive shall donate $50 per vehicle sold during these 10 days to the Hastings Education Foundation. Hastings Automotive shall provide an accounting to the city planner and to the Hastings Education Foundation within IO days from the end of the sale as the amount of vehicles sold and the amount to be paid to the Foundation. 2. This special use permit shaH be good only for the dates listed in this temporary special use permit. Nothing is this Temporary Special Use Permit shall be interpreted or construed to give the applicant or the property owner any rights to hold a temporary auto sale on any dates other than those listed in the temporary special use permit 3. The location of the temporary auto sale shall be as shown on the drawing submitted by the applicant to the city and further subject to the approval of the city's fire marshal. 4. No internal traffic corridors in the parking lot shall be blocked during the temporary auto sale. Council member moved a second to this resolution and upon being put to a vote adopted by _ 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 21st day of August, 2006, as disclosed by the records of the City of Hastings on file and ofrecord in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (KSB) 101 4th St. East Hastings, MN 55033 VIII-B-2 311 2nd Street - Three Rivers Place - Sign Extension City Council Memo - August 21, 2006 Page 1 Memo To: Mayor Werner and City Council From: Kari Barker, Associate Planner Date: August 21, 2006 Three Rivers Place - Request to place roof sign at 311 2nd St E - Three Rivers Place Sales Office. Subject: REQUEST Three Rivers Place LLC is requesting approval to extend the use of a roof sign at 311 2nd St E for two years. The purpose of the sign is to advertise the Condominium Sales Office. ATTACHMENTS . Picture of sign · Applicant's request for sign BACKGROUND INFORMATION In July, 2005, the City Council approved a sign at 311 2nd Street East for twelve months. The applicant is requesting that City Council allow the sign to be displayed for an additional two years. Comprehensive Plan Classification The subject property is guided MXD - Mixed Use in the Comprehensive Plan. Zoning Classification The site is zoned DC Downtown Core. Sales offices are a permitted use in the District. 311 2nd Street - Three Rivers Place - Sign Extension City Council Memo - August 21, 2006 Page 2 ORDINANCE REQUIREMENTS The language for roof signs is as follows: Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section, the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. PLANNING CONSIDERATION Three Rivers Place received approval for a condominium building on the north half of Block 2. In March 2005, they opened a sales office in a building they own at 311 2nd St E. A sign was placed on the existing brackets at that time. Representatives of Three Rivers Place desired additional sign options as they indicated that prospective buyers are having a difficult time finding the sales office. This current sign is a 12 foot high by 5 foot wide "V' shaped sign atop the sales office building. RECOMMENDATION The applicant requests that the roof sign be allowed for an additional two years. r THREE RIVERS PLACE 311 2ND STREET HASTINGS MINNESOTA 55033 651-437-2800 July 31, 2006 City of Hastings 101 41b Street East Hastings, MN 55033 Attn: Kari Barker Associate Planner Dear Kari We are asking for a two-year extension on our roof sign. - The Three Rivers Development is taking longer than originally planned. We need additional time to complete the project. If you have any further questions, please feel free to contact me. Sincerely, ~l 7'l~ Allen Most Three Rivers Place LLC To: Honorable Mayor and City Councilmembers VIII-C-1 CC: From: Char Stark, Finance Director Date: 8/17/2006 Re: 2007 Budget Recommended City Council Action Staff recommends that the City Council take action approving the following resolutions regarding the preliminary 2007 Budget: 1. 2007 Proposed City Budget 2. 2007 Proposed City Property Tax Levy 3. 2007 HRA Tax Levy 4. Set Truth In Taxation Public Hearing Dates Back2round The Finance Committee of the City council has conducted its annual meetings with the Department heads and provided direction to the City Administrator and I on the 2007 budget. The recommendation of the Finance Committee is to adopt a preliminary budget with no increase to the City's Tax Capacity Rate and to further explore additional cuts and or reallocation of city resources to lower the tax rate as much as possible without cutting too deep in the needs of the City departments. As in the past this preliminary budget allows us to increase the amount of the levy by capitalizing on the increase in Net Tax Capacity Value that the City has incurred this year. The Finance Committee members realize as the City continues to grow so do the demands on each of the City's departments. We capitalize on that growth in order to maintain quality services to our City residents. Further meetings with Administration, Finance and the Department heads will be scheduled to prioritize the requests of the departments in order to cut the budget to the preliminary levy amount and to see if additional cuts can be made without jeopardizing the services and programs offered to the residents of the City of Hastings. Final adoption is scheduled as well as the Truth in Taxation Hearing in December. Highlights of this Preliminary Budget The over all increase to the 2007 expenditure budget is $1.34 million dollars. A $970,962 increase to the net tax levy is requested. Salaries and Benefits are increased by $844,000 from 2006. This includes a salary adjustment of 3% increase in January and .5% increase in July. This also includes the hires of 3 police officers and 4 Firemen in 2006 that were hired through out the year and are now at full year's salary and benefits for 2007. In 2007 5.25 FTE requests were made and are a part of this increase. Health insurance costs were increased by 20% for 2007. This is an estimate that can be tweaked when we get final numbers from Blue Cross Blue Shield of Mn. Other Services and Charges are increased by $330,000. This includes increases of 20% for energy costs, 15% increase in communication costs, 15% increase in fuel costs. 5% increase in the City's insurance coverage. This line item also includes the City's contribution of the YMCA which is funded by the Waste management's recycling program in which the City receives revenue generated by said program. These revenues were allocated for this expenditure. Supplies see an increase of $200,000. Capital Outlay requests are down approximately $600,000 from 2006 requests. In 2007 there is a one time expenditure request for expansion of the public works building which will be funded by revenue generated by the Utility Enterprise fund. Debt Payments levy request for debt payments is up $200,000 from 2006. CITY OF HASTINGS RESOLUTION # RESOLUTION ADOPTING A PROPOSED YEAR 2007 CITY BUDGET WHEREAS, the Finance Committee of the City Council has met with individual department and division directors to discuss their proposed 2007 budget requests. The Committee has also met to discuss and approve a preliminary year 2007 City budget and preliminary Tax Levy; and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a Proposed Property Tax Levy and City Budget to the County Auditor by September 15, 2006; and NOW, THEREFORE BE IT RESOLVED, that the preliminary 2007 City's budget for the City of Hastings is hereby set at: $ 26,342,973. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 21st DAY OF AUGUST, 2006. Ayes: Nays: Michael D. Werner, Mayor A TrEST: Melanie Mesko Lee, Assistant City Administrator/City Clerk CITY OF HASTINGS RESOLUTION # RESOLUTION ADOPTING THE PROPOSED 2007 CITY PROPERTY TAX LEVY WHEREAS, the Finance Committee has met to discuss a proposed 2007 City Levy; and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a proposed Property Tax Levy to the County Auditor by September 15, 2006 for the 2007 budget and levy year; and WHEREAS, the Finance Committee of the City Council has directed staff to prepare this resolution resulting in a 2007 Proposed Property Tax Levy; and, NOW, THEREFORE BE IT RESOLVED, that the proposed Property Tax Levy of the City of Hastings, for the 2007 City Budget to be certified is hereby adopted as follows: Proposed "General "Levy Proposed Debt Levy Total Proposed Tax Levy Proposed Levv . $ 9,764,986 2.619.000 12,383,986 . Amount Certified to the State of Minnesota and to Dakota and Washington County Auditors. This is the amount the Counties will use for the calculations of the Truth in Taxation notices mailed to property owners in mid November - December 2006. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 21st DAY OF AUGUST, 2006. Ayes: Nays: Absent Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assistant City Administrator/City Clerk HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HASTINGS Resolution No. 3-2006 August 16, 2006 AUTHORIZING THE LEVY OF A SPECIAL BENEFIT TAX PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6, AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2007 Commissioner adoption: 'I'Qpp i n introduced the following resolution and moved its WHEREAS, the Housing and Redevelopment Authority in and for the city of Hastings (the "Authority) was created by the City Council of the City of Hastings (the "City") pursuant to the Municipal Housing and Redevelopment Act, Minnesota Statutes, Sections 469.001 to 469.047 (formerly, Sections 462.411 to 462.711) (the "Act"); and WHEREAS, Section 469.033, Subdivision6, of the Acts permits the Authority to levy and collect a special benefit tax of up to .0144 percent of taxable market value in the City upon all taxable property, real and personal, within the City; WHEREAS, the Authority desires to levy such tax in the amount of .0144 percent of taxable market value in the City; and WHEREAS, the levy of such a special benefit tax is subject to the consent by resolution ofthe City Council of the City; and WHEREAS, the Authority is required pursuant to Section 469.033, Subdivision 6, of the Act to, in connection with the levy of such a special benefit tax, formulate and file a budget in accordance with the budget procedure ofthe City in the same manner as required of executive departments of the City or, if no budgets are required to be filed, before August I, and the amount of the tax levy for the following year shall be based on that budget and approved by the City Council ofthe City; and WHEREAS, the Authority has before it for its consideration a copy of a budget for its operations for the fiscal year 2007 NOW, THEREFORE, be it resolved by the Board of Commissioners of the Authority. Section I. The budget for the operations of the Authority presented for consideration by the Authority is hereby in all respects approved. Section 2. Staff of the Authority are hereby authorized and directed to forward said budget to the City for its approval. Section 3. There is hereby levied, subject to the approval of the City COWlCil, a special benefit tax pursuant to Minnesota Statutes. Section 469.033, Subdivision 6, in the amount of .0144 percent oftaxable market value within the City. Section4. Staffofthe Authority are hereby authorized and directed to seek the approval by resolution of the City Council ofthe City of the special tax benefit so levied pursuant to this Resolution and to take such other actions as are necessary to levy and certifY such tax. Commissioner Holzem to a vote it was adopted: seconded the resolution and upon being put Ayes: 4 Nays: 0 Absent: Attest: ~~J John Grossman, Executive Director CITY OF HASTINGS RESOLUTION # RESOLUTION SELECTING DATES FOR THE YEAR 2007 CITY BUDGET AND TAX LEVY TRUTH IN TAXATION PUBLIC HEARING WHEREAS, the City Finance Committee members of the City Council and individual departments have met and reviewed the proposed budget for 2007, and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to select dates (that do not conflict with County, School or Special Taxing Districts public hearing dates) for a public hearing to receive public comment on the proposed 2007 City Budget and Tax Levy; NOW, THEREFORE BE IT RESOLVED, that the Hastings City Council will conduct a public hearing on the proposed 2007 City Budget and Tax Levy at 7:00 p.m. on Monday, December 4,2006 in the Council Chambers of the Hastings City Hall; and BE IT FURTHER RESOLVED, that should a continuation public hearing on the proposed 2007 City Budget and 2007 Tax Levy need to be conducted, it shall be held at 7:00 p.m. on Monday, December 18, 2006 in the Council Chambers of the Hastings City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 21st DAY OF AUGUST, 2006. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assistant City Administrator/City Clerk FLUEGEL & MOYNIHAN P.A. VIII-C-2 Attorneys At Law Donald J. Fluegel * Shawn M. Moynihan Daniel J. Fluegel 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 Telephone 651-438-9777 Fax 651-438-9775 August 17,2006 Mayor Michael D. Werner and City Council Members Hastings City Hall 101 East 4th Street Hastings, MN 55033 Re: Hazardous Structure - 514 West 18111 Street Property Owner: Lawrence Burr and Janice Burr Dear Mayor and City Council Members: The City Council is being asked to issue an Order directing property owners Lawrence Burr and Janice Burr to repair or remove their hazardous building at 514 West 18th Street. Back'Zround. About four weeks ago City staff was asked to investigate the housing condition at 514 West 18th Street. This residence is owned by Lawrence and Janice Burr. An investigation was done by Code Inspector Dawn West, Hastings Police Department Investigator Katie Booth and Lieutenant Joe Kegley. Lieutenant Kegley and Investigator Booth were allowed in the house and found the structure to be in violation of numerous provisions ofthe International Property Maintenance Code and Fire Code both of which have been adopted by the City. The owners were advised ofthis and told they had to immediately begin eliminating the violations. (I've attached photos that represent the various violation found on the property.) Staff believes that the condition of the Burr's house presents a fire hazard, a hazard to its occupants and a hazard to the general public safety and health. Minnesota Law. Minnesota statutes provide a procedure for the City to order a property owner to repair or remove a hazardous structure. If the property owner fails to remedy those violations through repairs or removal, then the City can go to court to seek a court order allowing the City to demolish the building and assess the cost to the property. A proposed order is attached for the council's consideration and approval. If, after reviewing the photographs and Exhibit A to the proposed Order, the council believes the Burr's house is a hazardous building as that term is defined by state law, then the council is asked to issue the attached Order. Summary of Violations. Under Minnesota law, a building is considered a hazardous building if because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, that building constitutes a fire hazard or a hazard to the public safety or health. * Also admitted to practice in Wisconsin or a hazard to the public safety or health. Exhibit A to the proposed Order contains a detailed description of the violations at 514 West 18th Street as well as the particular code provisions that are being violated. Some of the highlights of the violations are as follows: Extreme accumulation of rubbish and garbage Lack of safe, continuous non-obstructive egress Extreme accumulation of rubbish and garbage in stairways, passage ways, doors Failure of adequate clearances for usage and cleaning of plumbing systems Plumbing fixtures not maintained in a safe, sanitary and functional condition Unsanitary food preparation areas City staff believes that the house at 514 West 18th Street is a hazardous building as that term is defined by state law. It is believed that the condition of this house does create a fire hazard. City staff also believes that the condition of the house creates a hazard to the public safety and health. Procedure. If the attached Order is adopted, the Order will be personally served upon the owners of the property at 514 West 18'h Street. Property owners will have 30 days, or such other time period, as the council may determine to repair all deficiencies. If the violations are not eliminated within the time frame specified by the council, the City will go to District Court to seek an Order allowing the City to remove the violations, or tear down the house and to assess the cleanup costs and/or demolition costs against the property. At this time we do not have an estimate of the cost to cleanup the house or demolish it but no doubt it will be several thousand dollars. Ifthe City does end up cleaning up the property or demolishing it, the City will not end up owning the house. Instead, the City will have a lien against the property for those costs. Summary. If the City Council believes the house located at 514 West 18th Street is a hazardous building as defined by Minnesota law, the Council should adopt the Order and commence the process to have the house cleaned up or removed in accordance with state law. Very truly yours, FLUEGEL & MOYNIHAN P.A. Shawn M. Moynihan City Attorney SMM:ham Enclosures cc Lawrence and Janice Burr AN ORDER OF THE CITY COUNCIL OF THE CITY OF HASTINGS ORDERING THE OWNERS OF THE BUILDING A T 514 WEST 18TH STREET TO REMOVE THE HAZARDOUS CONDITIONS IN THE BUILDING OR TO REMOVE THE HAZARDOUS BUILDING. Dated: August 21, 2006 Background. A. Recent inspections of the inside of the dwelling at 514 West 18th Street have revealed numerous violations of health and safety codes including the International Property Maintenance Code and International Fire Code, which codes have been adopted by the City of Hastings. B. A list of these violations is attached to this Order as Exhibit A. Findings. I. The violations listed on Exhibit A, individually and collectively, make the structure at 514 West 18th Street a fire hazard as well as a hazard to the public safety and health. 2. The violations listed on Exhibit A are the result of inadequate maintenance, dilapidation, physical damage or unsanitary condition. 3. The structure at 514 West 18th Street is a hazardous building as that term is defined by Minnesota Statute 463.15. 4. The severe nature ofthe safety and code violations in the building at 514 West 18th Street, require this City Council to issue its order requiring those violations to be immediately repaired or, in the alternative, to require the demolition ofthe structure at that address within 30 days from the date ofthis Order. NO W THEREFORE, IT IS ORDERED BY THE HASTINGS CITY COUNCIL AS FOLLOWS: 1. Lawrence Burr and Janice Burr, the owners ofthe property at 514 West 18th Street are hereby ordered to remove all safety and code violations listed on Exhibit A within 30 days from the date of this Order. Mr. and Mrs. Burr must obtain all necessary permits for any repair work that is done. In the alternative, ifthe Burr's do not remove all violations listed in Exhibit A, Mr. and Mrs. Burr are to demolish the dwelling at 514 West 18th Street within 30 days from the date ofthis Order. The Burr's must acquire all necessary permits before demolishing the building. 2. If Mr. and Mrs. Burr do not remove all violations on Exhibit A or demolish the building within 30 days from the date of this Order, or unless an answer is filed within the time specified in Minn. Stat 463.18, NOTICE IS HEREB Y GIVEN that the City of Hastings will bring a motion before the Dakota County District Court for summary enforcement of this Order. 3. A copy of this Order shall be served upon Mr. and Mrs. Burr in the manner provided by Minnesota Statutes. This Order was issued pursuant to action taken by the Hastings City Council at its regular meeting on August 21, 2006. CITY OF HASTINGS ATTEST: By: Michael D. Werner, Mayor Melanie Mesko Lee Assistant City Administrator/City Clerk (SEAL) EXHIBIT A TO HASTINGS CITY COUNCIL ORDER DATED AUGUST 21, 2006 I. 1998 International Property Maintenance Code. A. Section 108.1.3 Structure unfit for human occuoancv: Due to the structure being unsanitary, contains filth and contamination, lacks ventilation, illumination. B. Section 305.1 Accumulation of rubbish and garbaze: The interior of every structure shall be free from any accumulation of rubbish or garbage. C. Section 702.1 Means of Egress: A safe, continuous and unobstructed path oftravel shall be provided from any point in a building or structure to the public way. D. 703.1 Accumulations and Storaze: Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. E. 703.2 Hazardous Materials: Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements ofthe building code and the fire prevention. F. 504.2 Plumbinz Svstems and Fixtures: Plumbing fixtures shall have adequate clearances for usage and cleaning. G. 504.1 General: All plumbing fixtures shall be kept free from obstructions. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. H. 404.7 Food oreoaration: All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. 1. 304.3 1nterior Surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. J. 306.1 Infestation: All structures shall be kept free from insect infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. II. 2000 International Fire Code. A. Section 304.1 Waste Accumulation Prohibited: Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premIses. B. Section 304.2 Storage: Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare. C. Section 305.1 Clearance (rom Ignition Sources: Clearance between ignition sources such as light fixtures, heaters, and flame-producing devices, and combustible materials shall be maintained in an approved manner. D. Section 315.2.2 Means o( Ezress: Combustible material shall not be stored in exits or exit enclosures. III. Hastings City Code. A. Chapter 9.33: House number is incomplete ,--. To: From: Date: Re: Mayor Werner and City Council Melanie Mesko Lee, Assistant City Administrator July 19,2006 Liquor License Consideration: The Levee Cafe Reauested Council Action: Hold a hearing to give the Levee Cafe an opportunity to be heard regarding the failure to provide insurance as required. Backaround: Jeff Kasa, the owner of the Levee Cafe, has received notice that he is entitled to a hearing conducted pursuant to MN Stat. 14.57-14.70 ofthe Minnesota Administrative Procedures Act. At the conclusion of the hearing, the City Council will determine what action, if any, to take against the liquor license at the Levee Cafe. Such action could include suspending the license for up to 60 days; revoking the license; imposing a civil penalty of up to $2,000; or any combination of the above options. Liquor license renewal applications were mailed to all current licensees on May 19, 2006, with a due date of June 7, 2006. The renewal process requires licensees to provide business and license contact information and complete four questions to determine if ownership, operations, financial changes have occurred or if a sale is pending. The licensee also receives another copy of the City ordinance regulating liquor licenses, with an acknowledgement form. There is a state form which must be signed and returned. Additionally, a copy of current insurance, with an effective term of July 1 to June 30 of the current liquor license term must also be submitted to the City, who in turn submits that information to the state. This renewal process has not changed significantly in the past few years. The Levee Cafe submitted their renewal paperwork on June 26, 2006. They also paid a late fee as a result of not submitting the paperwork by the June 7 due date. On June 29, 2006 a letter was sent to the Levee Cafe indicating that the insurance paperwork was still outstanding and that it must be submitted for their renewal to be completed. Phone calls to the Levee Cafe regarding this issue were made on July 18, July 19, July 20, July 24, July 31, August 3, and August 4. None of these phone calls were returned to City staff. ~ or H~ . 101l'oo"J'l S~t EMt . Hilll>1lI\8$. "'1>1 ~S03::H95S · P:6-51-4!50-23!liO . t6-<:>1-431-4082 · W_ Cl hMtln8Smn.us On August 4, a letter was sent to the Levee Cafe stating that the City still had not received their certificate of insurance as required and that the City Council would hold a hearing on August 21, 2006 to consider whether to suspend or revoke their liquor license and whether to impose civil penalties. Staff is uncertain whether insurance was in place during this time. Ten days later, on August 14,2006, a copy of the Levee Cafe's insurance certificate was finally received with a note stating that they are updating and changing their coverage next week (week of August 21, 2006) and that copies for the City's files will be forwarded at that time. The Levee Cafe has had a pattern of submitting paperwork and/or fees associated with their liquor license late. For your information: 2005/2006 license Renewal Paperwork/Fees Due: Renewal Paperwork/Fees Received: Second % Fees Due: Second % Fees Paid: 2004/2005 Renewal Paperwork/Fees Due: Renewal Paperwork/Fees Received: Second % Fees Due: Second % Fees Paid: 2003/2004 Renewal Paperwork/Fees Due: Renewal Paperwork/Fees Received: Second % Fees Due: Second % Fees Paid: June 7, 2005 June 20, 2005 December 8, 2005 January 9, 2006 June 10, 2004 June 10, 2004 (insurance received mid-July 2004) December 23, 2004 February 11, 2005 May 8, 2003 June 13, 2003 (insurance received July 1 2003) December 26, 2003 February 11, 2004 There is an on-going history of the Levee Cafe's failure to submit paperwork and/or fees in a timely manner. The Levee Cafe has ignored repeated requests (8 contacts most recently) for information/documentation for compliance with liquor license requirements. This failure results in significant staff time being spent to repeatedly follow up with the Levee Cafe. Staff respectfully requests that some penalty(ies) be imposed on the Levee Cafe, from suspension of the license, monetary penalty, or both.