HomeMy WebLinkAbout11-20-06
CITY OF HASTINGS
COUNCIL MEETING
Monday, November 20, 2006
7:00PM
I. CALL TO ORDER
II. ROLL CALL
III. DETERMINA nON OF QUORUM
IV. APPROVAL OF MINUTES
Approve Minutes of the Regular Meeting on November 6, 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 Counci/member or citizen so requests, in which event the items will be
renwvedlj~()m the Consent Agenda to the appropriate Department for discussion.
I. Pay Bills as Audited
2. First Reading/Order Public Hearing-Ordinance Amendment #2006-55: Electronic and
Video Signage
3. Resolution-Authorize Site Plan Approval Extension #2005-63: Midwest Products
4. Approve Gun Range Use Agreement
5. Resolution-Accepting Donation from Smead Manufacturing for Police Department
Reserve Unit
6. Budget Adjustments and Transfers
7. Approve Contribution Agreement Between the HRA and the City of Hastings
8. Pay Request #2-Water Treatment Plant Construction: Magney Construction
($44,830.50)
9. Pay Request #1-Well #1 Abandonment: Keys Well Drilling Co. ($11,400)
10. Pay Request #2-Well #1 Abandonment: Keys Well Drilling Co. ($7,030)
II. Pay Request #5-Well #8 Pumphouse: Magney Construction ($91,975.78)
12. Final Pay Estimate-2006 Seal Coat Program: Pearson Bros., Inc. ($370,627.94)
13. Final Pay Estimate-2006 Crack Seal Program: Allied Blacktop Co. ($318.00)
14. Final Pay Estimate-2006 Pavement Markings: United Rentals Hwy Tech. ($23,812.93)
15. Pay Estimate #2---2006-3 Industrial Park 7th Add. S.M. Hentges & Sons, 1nc. ($7,470.86)
16. Pay Estimate #2---2006-2 North Frontage Road: Park Construction Co. ($34,461.77)
17. Pay Estimate #5---2006-1 3,d Sl. Reconstruction: Pember Co. ($265,229.85)
18. Order a Public Hearing for Vacation of Pedestrian Trail, Drainage and Utility Easement
along Southview Drive
19. Approve Dakota County Recycling Contract
20. Award Contract-#2006-27: 2030 Comprehensive Plan (MFRA)
21. Change orders # I and #2-lndustrial Park 7th Addition Improvements
22. Change orders #3 and #4-North Frontage Road Water System Improvements
VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS
1 . Acceptance of Bond Sale
2. Assessment Hearings
i. Project 2005-1: Dakota Hills Area Improvements
II. Project 2005-2: Zweber Lane and Oak Ridge Drive Improvements
III. Project 2005-3: South Frontage Road Improvements
3. Public Hearing-Ordinance Amendment #2006-45: Rezone Property from C-1 to
R-3: Pleasant Acres 2"" Addition (Habitat for Humanity)
VIII. REPORTS FROM CITY STAFF
A. Public Works
I. Resolution-Adopt Assessments: Project 2005-1: Dakota Hills Area
Improvements
2. Resolution-Adopt Assessments: Project 2005-2: Zweber Lane and Oak
Ridge Drive Improvements
3. Resolution-Adopt Assessments: Project 2005-3: South Frontage Road
1m provcments
4. Approve Purchase Agreement-Hastings Ford Right-of-Way Easement
B. Planning
I. Second Reading! Adopt Ordinance-Ordinance Amendment #2006-45:
Rezone Property from C-l to R-3: Pleasant Acres 2nd Addition (Habitat for
Humanity)
) Resolution-Comprehensive Plan Amendment #2006-45: Re-guide land
from C to U-ll: Pleasant Acres 2nd Addition (Habitat for Humanity)
3. Resolution-Preliminary Plat #2006-53: Pleasant Acres 2nd Addition
(Habitat for Humanity)
4. Resolution-Site Plan #2006-36: Regina Hospital Expansion (1175 Nininger
Road)
5. Resolution-Home Occupation Permit #2006-54: Locksmith at 413 18th
Street East (Patrick Moseng)
C. Administration
1. Marina Lease Agreement
IX. COMMENTS FROM AUDIENCE
X. UNFINISHED BUSINESS
XI. NEW BUSINESS
XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIII. ADJOURNMENT
Next Regular Council Meeting on Monday, December 4, 2006
Hastings, Minnesota
City Council Minutes
November 6th, 2006
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday November 6th, 2006 at 7:00 PM in the Council Chambers at the Hastings City
Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present:
Mayor Werner, City Councilmembers Hicks, Hazlet,
Riveness
and Schultz
Members Absent:
City Councilmembers Alongi and Moratzka
Staff Present:
City Attorney Shawn Moynihan
Planning Director John Hinzman
City Administrator Dave Osberg
Approval of Minutes:
Mayor Werner asked ifthere were any corrections to the minutes of the
regular meeting conducted on October 16th, 2006. Hearing none, the minutes were
approved as presented.
Consent Agenda:
Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve
the Consent Agenda as presented:
1. Pay Bills as Audited
2. Pay Estimate # I-Project 2006-2: North Frontage Road Water System Improvements:
Park Construction Co. ($546,480.92)
3. Pay Estimate # I-Project 2006-6: Commerce Drive Water System Improvements: Dirt
Pro, Inc. ($109,487.84)
4. Pay Estimate # I-Project 2006-3: Industrial Park 7th Addition: S.M. Hentges, Inc.
($219,231.95)
5. Pay Estimate #4-Project 2006-1: 3'd Street Area Improvements: Pember Companies
($1,332,594.56)
6. Final Pay Estimate-2004 Westwood Area Improvements: 3 Rivers Construction
($36,966.20)
7. Accept Assessment Report & Order Public Hearing on Assessments for 2005 Street &
Utility Improvement Program
8. Approve Change Orders # I and #2 for North Frontage Road Water System
Improvements
9. Schedule Council Workshop with EDC for Monday, December 4,2006 to Discuss
Vermillion Corridor Master Plan
10. Authorize Compensatory Time Overage
II. Approve Unpaid Leave of Absence
12. Approve City Lease ofUBC Buildings
13. Approve City Assistance with 2006 Gobble Gait
14. Change Order #2-Well #8 Pumphouse
15. Dakota County Temporary Parking Request--4,h Street
16. Resolution-Approve Application for Lawful Gambling Exempt Permit-Oak Ridge
Manor Resident Association
17. First Reading and Order Public Hearing Amending Ordinance Relating to Commercial
Building Rehabilitation Program
18. Order Business Subsidy Hearing for Gemini Inc.
19. First Reading and Order Public Hearing-Ordinance Amendment #2006-45: Rezone
Property from C-I to R-3 (Pleasant Acres 2nd Addition)
20. Resolution-Final Plat Modification #2006-22: Schoolhouse Square 3,d Addition
21. 2007 DCC Expenses/Records Management System
Resolution-Original Hastings Design Standards Review #2006-51:502 7th Street
West
City Councilmember Moratzka arrived at 7:04 PM
Moved by Councilmember Hicks, seconded by Councilmember Schultz to
approve A Resolution of the City Council of the City of Hastings Granting Original
Hastings Design Standards Review Approval for Siding and Roof Improvements at 502
West ih Street-Patrick Mancino.
Ayes: Werner, Moratzka, Schultz, Riveness, Hazlet, Hicks
Nays: None
Resolution-Original Hastings Design Standards Review #2006-52: 817 Tyler Street-
Melody Overmeyer
Moved by Councilmember Councilmember Hicks, seconded by Councilmember
Riveness to approve A Resolution of the City Council of the City of Hastings Granting
Original Hastings Design Standards Review Approval for Window Replacement at 817
Tyler Street-Melody Overmeyer.
Ayes: Werner, Hicks, Hazlet, Riveness, Schultz, Moratzka
Nays: None.
Authorize Signature-Encroachment Agreement #2006-32: 809 11th Street W.
Moved by Councilmember Moratzka, seconded by Councilmember Riveness to
authorize signature of an encroachment agreement between the City of Hastings and
Monica Olson (809 West II th Street). The agreement allows for the temporary use of the
existing building, stairs and landing encroachment into the 11th Street right-of-way.
Ayes: Werner, Riveness, Schultz, Moratzka, Hicks, Hazlet.
Nays: None.
Reports from City Committees, Officers, CounciImembers
City Councilmember Hicks provided an update on the Red Rock Commuter Rail
Corridor.
Adjournment
Moved by Councilmember Riveness, seconded by Councilmember Hazlet to
adjourn the meeting at 7: 10 PM.
Ayes: Werner, Riveness. Moratzka, Schultz, Hicks, Hazlet
Nays: None.
Michael D. Werner
Mayor
David M. Osberg
City Administrator
atyof~
Merratrrl.m
To: City Council
From: Becky Kline, Finance Department
Date: 11/14/2006
The attached Department Report itemizes vouchers that were paid on
November 14, 2006.
Thank you.
11/14/2006 2,39 PM
PACKET:
00419 Regular Payments
VENDOR SET,
FUND
101
GENERAL
DEPARTMENT: N/A NON-DEPARTMENTAL
BUDGET TO USE:
CB CURRENT BUDGET
VENDOR
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
NAME
-28125 HASTINGS AREA CHAMBER/C
I-SEPT 06
1 -48769 METROPOLITAN COUNCIL EN
I-OCT 06
I-OCT 06
I-OCT 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-120-1201-2039
101-230-2301-2017
101-230-2301-2019
101-230-2301-5221
DESCRIPTION
LODGING TAX P LODGING TAX
SAC CHARGES P OCT SAC CHARGES
SAC CREDITS P WATER TREATMENT PLANT SAC
BUILDING PERM WATER TREATMENT PLANT SAC
DEPARTMENT
NON~DEPARTMENTAL
CHECK#
927134
927139
927139
927139
TOTAL:
PAGE:
BANK; GEN
6,010.94
12,400.00
7,250.00
1,813.50-
23,847.44
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET:
FUND 101 GENERAL
DEPARTMENT: 102 COUNCIL & MAYOR
BUDGET TO USE: CB-CURRENT BUDGET
REGULAR- DEPARTMENT PAYMENT REGISTER
PAGE:
2
BANK: GEN
VENDOR
NAME
ITEM #
G/L ACCOUNT NAME
DESCRIPTION
CHECK#
AMOUNT
====================================================================================================================================
1 -21190 FILTERFRESH
1-112858
101-102-1021-6450
MISCELLANEOUS COFFEE SERV
927131
189.36
1 -44646 LEAGUE OF MN CITIES
1-2006 DO
101-102-1021-6433
DUES,SUBSCRIP REG MEETING/OSBERG
927138
35.00
DEPARTMENT 102
COUNCIL & MAYOR
TOTAL:
224.36
------------------------------------------------------------------------------------- --------------------------------------- - ----
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET: 1
FUND 101
DEPARTMENT: 105
BUDGET TO USE:
GENERAL
ADMINISTRATION
CB-CURRENT BUDGET
VENDOR
ITEM #
NAME
1 -000161 CANON BUSINESS SOLUTION
30609723
1 -52795 NEXTEL COMMUNICATIONS
1-465427521 030
1 -56836 OFFICE MAX - A BOISE CO
1-105192
1-179342
1-247534
1-447388
1-8342
1-911104
1-98183
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE:
BANK, GEN
G/L ACCOUNT NAME
CHECK#
DESCRIPTION
AMOUNT
101~105-1051-6206
DUPLICATING & COPIER USAGE
927120
341.44
101-105-1051-6321
TELEPHONE
CELL PHONE CHARGES
927145
13 .15
101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 927149 97.33
101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 927149 34.36
101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 927149 44.38
101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 927149 37 .53
101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 927149 198 .31
101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 927149 203.72
101-105-1051-6201 OFFICE SUPPLI OFFICE SUPPLIES 927149 117.21
DEPARTMENT 105
ADMINISTRATION
TOTAL:
1,087.43
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET: 1
FUND 101 GENERAL
DEPARTMENT: 107 CITY CLERK
BUDGET TO USE: CB-CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR
NAME
ITEM #
------~-----------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
-000161 CANON BUSINESS SOLUTION
1-30609723
1-30609723
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
G/L ACCOUNT NAME
101-107-1071-6206
101-107-1072-6206
101-107-1072-6321
PAGE:
BANK: GEN
DESCRIPTION
CHECK#
DUPLICATING & COPIER USAGE
DUPLICATING & COPIER USAGE
927120
927120
TELEPHONE
CELL PHONE CHARGES
927145
DEPARTMENT 107
CITY CLERK
TOTAL:
73.64
179.9B
9B.75
352.37
11/14/2006 2:39 PM
PACKET:
00419 Regular Payments
VENDOR SET,
FUND
101
GENERAL
DEPARTMENT: 120
FINANCE
BUDGET TO USE:
CB-CURRENT BUDGET
VENDOR
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
NAME
1 -000145 WELLS FARGO BANK HASTIN
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
I-06/20 ECONOMIST LN 101-120-1201-6323
1 -000161 CANON BUSINESS SOLUTION
I-30609723
1 -26372 GOVT FINANCE OFFICERS A
1-2007
101-120-1201-6206
101-120-1201-6433
PAGE:
BANK: GEN
DESCRIPTION
CHECK#
CONFERENCE & STARK/REGISTRATION
927167
DUPLICATING & COPIER USAGE
927120
DUES,SUBSCRIP STARK/ MEMBERSHIP
927132
DEPARTMENT 120
FINANCE
TOTAL:
12.00
29.74
175.00
216.74
11/14/2006 2: 39 PM
PACKET: 00419 Regular Payments
VENDOR SET,
FUND 101 GENERAL
DEPARTMENT: 140 MAINTENANCE
BUDGET TO USE: CB CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR
ITEM #
NAME
G/L ACCOUNT NAME
PAGE,
BANK: GEN
DESCRIPTION
CHECK#
6
30609723
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
1 -000161 CANON BUSINESS SOLUTION
1 -49343 CENTERPOINT ENERGY
I -OCT 06
I -OCT 06
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
101-140-1401-6206
101-140-1401-6345
101-140-1402-6345
101-140-1401-6321
DUPLICATING & COPIER USAGE
HEAT
HEAT
TELEPHONE
DEPARTMENT 140
927120
HEATING/ GAS
HEATING/ GAS
927123
927123
CELL PHONE CHARGES
927145
MAINTENANCE
TOTAL:
0.63
620.15
99.70
26.10
746.58
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET: 1
FIllID 101 GENERAL
DEPARTMENT; 150 PLANNING
BUDGET TO USE: CB-CURRENT BUDGET
VENDOR
NAME
ITEM #
----------------------------~-------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
1 -000161 CANON BUSINESS SOLUTION
1-30609723
1 -52795 NEXTEL COMMUNICATIONS
1-465427521 030
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-150-1501-6206
101-150-1501-6321
PAGE:
BANK: GEN
DESCRIPTION
CHECK#
DUPLICATING & COPIER USAGE
TELEPHONE
DEPARTMENT 150
927120
CELL PHONE CHARGES
927145
PLANNING
TOTAL:
7
80.67
38.15
118.82
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET,
FUND 101 GENERAL
DEPARTMENT: 160 1. T_
BUDGET TO USE: CB-CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
NAME
1 -000161 CANON BUSINESS SOLUTION
1-30609723
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
G/L ACCOUNT NAME
101-160-1601-6206
101-160-1601-6321
PAGE:
BANK: GEN
DESCRIPTION
CHECK#
DUPLICATING & COPIER USAGE
TELEPHONE
DEPARTMENT 160
927120
CELL PHONE CHARGES
927145
1. T.
TOTAL:
6.99
94.35
101. 34
11/14/2006 2: 39 PM
PACKET: 00419 Regular Payments
VENDOR SET, 1
FUND 101 GENERAL
DEPARTMENT: 201 POLICE
BUDGET TO USE: CB-CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR
NAME
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
1 -000161 CANON BUSINESS SOLUTION
1-30609726
1 -05340 BIRCHEN ENTERPRISES INC
I-OCT 06
1 -50200 MOBILE RADIO ENGINEERIN
1-3289
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
1 -68683 REGINA MEDICAL CENTER
1-114706/881968
1-161995/877781
1-66237/87791
1 -73131 KURT WALTER HANSEN
1-141689
1 -82116 UNIFORMS UNLIMITED
1-314274
1-341267
1-341305
1-341307
1-343474
1-345189
1-345361
G/L ACCOUNT NAME
101-201-2010-6206
101-201-2010-6354
101-201-2010-6354
101-201-2010-6321
101-201-2010 6311
101-201-2010 6311
101-201-2010-6311
101-201-2011-6367
101-201-2010-6218
101-201-2010-6218
101-201-2010-6218
101-201-2010-6218
101-201-2010-6218
101-201-2010-6218
101-201-2010-6218
DESCRIPTION
DUPLICATING & COPY USAGE
REPAIRS & MAl REPAIR/ MAINT
REPAIRS & MAl REPAIR SQUAD RADIO
TELEPHONE
CELL PHONE CHARGES
PAGE:
9
EXPERT & CONS BLOOD DRAW / 06010064
EXPERT & CONS BLOOD DRAW/0608542
EXPERT & CONS BLOOD DRAW/06008552
BOARDING FEES KENNEL STORAGE
CLOTHING & BA UNIFORMS/S SCHARFE
CLOTHING & BA UNIFORMS/GALLAND
CLOTHING & BA UNIFORMS/HICKS
CLOTHING & BA UNIFORMS/HICKS
CLOTHING & BA UNIFORMS/MUNSON
CLOTHING & BA UNIFORMS/RESERVES
CLOTHING & BA UNIFORMS / RGNONTI
DEPARTMENT 201
POLICE
BANK: GEN
CHECK#
AMOUNT
927120
1,041.52
927117
600.79
927143
272.22
927145
764.80
927152
927152
927152
74.50
74.50
74.50
927155
539.78
927165 521. 74
927165 131. 60
927165 284.87
927165 69.95
927165 598.80
927165 1,036.89
927165 155.85
TOTAL:
6,242.31
------------------------------------------------------------------------------------------------------------------------------------
11/14/2006 2:39 PM
PACKET:
00419 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR SET:
FUND
101
GENERAL
DEPARTMENT: 230
BUILDING & INSPECTIONS
CB~CURRENT BUDGET
BUDGET TO USE:
VENDOR
NAME
ITEM #
---------------------------------------------------------------------------~--------------------------------------------------------
-----------~-------------------~---------------~~-------------------------------------~~--------------------------------------------
AMOUNT
1 -000161 CANON BUSINESS SOLUTION
1-30609723
1-30609723
1 -14388 DOWNTOWN TIRE & AUTO
1-15318
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
1-465427521-030
G/L ACCOUNT NAME
101-230-2301-6206
101-230-2302-6206
101-230-2301-6354
101-230-2301-6321
101-230-2302-6321
DESCRIPTION
DUPLICATING & COPIER USAGE
DUPLICATING & COPIER USAGE
REPAIRS & MAl REPAIR FLAT TIRE
TELEPHONE
TELEPHONE
DEPARTMENT 230
CELL PHONE CHARGES
CELL PHONE CHARGES
BUILDING & INSPECTIONS
PAGE: 10
BANK: GEN
CHECK#
927120
927120
927128
927145
927145
TOTAL:
78.62
16.15
12.00
163.89
28.34
299.00
11/14/2006 2;39 PM
PACKET;
00419 Regular Payments
VENDOR SET:
FUND
101
GENERAL
DEPARTMEN'T; 300
BUDGET TO USE,
PUBLIC WORKS
CB~CURRENT BUDGET
VENDOR
ITEM #
NAME
1 -000161 CANON BUSINESS SOLUTION
30609723
1-30609725
1 -00300 ABLE HOSE & RUBBER INC.
I~06~09205
1 ~02104 ANDERSEN, E.F. & ASSOC.
I-74766-IN
I-74818-IN
I~74819-IN
1 ~06385 BOYER FORD TRUCKS
I~920384
1-920398
1 -08111 CAREERTRACK
1-8955987
1-8955989
1-8955990
1-8955991
I~8977988
1 -14270 DOERERS GENUINE PARTS
1-168010
1 -26761 GRAYBAR ELECTRIC
1-921373748
1 ~48784 MEYER COMPANY
1-371016
1 -50360 MOTOR PARTS SERVICE CO
I~5962
I~5994
1-6022
I~6048
1-6096
1-6243
1-6271
1-6369
I~6372
1 -52795 NEXTEL COMMUNICATIONS
I-465427521~030
1-465427521-030
1 -55470 NORTHWEST LASERS INC
I-SI00032602
REGULAR DEPARTMEN'T PAYMENT REGISTER
PAGE: 11
BANK: GEN
G/L ACCOUNT NAME
CHECK#
DESCRIPTION
AMOUNT
101-300-3100-6206
DUPLICATING & COPIER USAGE
DUPLICATING & COPY USAGE
927120
300.28
101~300~3200~6206
927120
13.21
101-300-3200~6221
EQUIPMENT PAR DIXON
927109
43.94
101~300~3200-6226
101-300~3200~6226
101-300-3200-6226
STREET SIGN/S SIGN BANDINGS
STREET SIGN/S SIGN PLATES
STREET SIGN/S SIGN
79.49
108.44
927112
927112
927112
342.57
101-300~3200~6221 EQUIPMENT PAR SWITCH
101-300-3200-6221 EQUIPMENT PAR ACTUATOR
101-300-3100-6323 CONFERENCE & SEMINAR
101-300-3100-6323 CONFERENCE & SEMINAR
101-300-3100-6323 CONFERENCE & SEMINAR
101-300-3100-6323 CONFERENCE & SEMINAR
101-300~3100-6323 CONFERENCE & SEMINAR
927118
927118
46.75
10.12
927122
927122
927122
927122
927122
89.00
89.00
89.00
89.00
89.00
101~300-3200-6212
MOTOR FUEL & AIR FILTER
927127
53.24
101-300-3201-6353
REPAIRS & MAl SUPPLIES
927133
303.76
101-300-3100-6218
CLOTHING & BA WOLFE/ CLOTHING
139.98
927140
101-300-3200-6212 MOTOR FUEL & FILTER
101-300~3200-6217 OTHER GENERAL LIGHTS
101~300-3200-6212 MOTOR FUEL & SUPPLIES
101-300-3200-6217 OTHER GENERAL COOLANT STRIPS
101-300-3200-6221 EQUIPMENT PAR LIGHT BAR
101-300-3200-6212 MOTOR FUEL & FILTER
101-300-3200-6212 MOTOR FUEL & FILTERS
101-300-3200-6212 MOTOR FUEL & FILTERS
101-300-3200-6217 OTHER GENERAL BULB
927144 22.17
927144 8.61
927144 141. 31
927144 17.73
927144 17.39
927144 36.50
927144 46.08
927144 40.83
927144 7.57
927145 369.24
927145 309.04
101-300-3100-6321
101-300-3200-6321
TELEPHONE
TELEPHONE
CELL PHONE CHARGES
CELL PHONE CHARGES
101-300-3100-6204
DRAFTING & SU PAINT
927148
147.92
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET:
FUND 101 GENERAL
DEPARTMENT: 300 PUBLIC WORKS
BUDGET TO USE: CB-CURRENT BUDGET
VENDOR
NAME
ITEM #
====================================================================================================================================
927166
1 -85343 VIKING ELECTRIC SUPPLY
1-1325188
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-300-3201-6353
PAGE: 12
BANK: GEN
DESCRIPTION
CHECK#
AMOUNT
REPAIRS & MAr CLAMPS/CONNECTORS
146.78
DEPARTMENT 300
PUBLIC WORKS
TOTAL,
3,197.95
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET, 1
FUND 101 GENERAL
DEPARTMENT: 600 MISCELLANEOUS
BUDGET TO USE: CB - CURRENT BUDGET
VENDOR
ITEM #
-----------------------------------------------------~------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
NAME
1 -000347 ARROW BUICK-PQNTIAC-GMC
1-)27377
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-600-6001-6337
PAGE: 13
BANK; GEN
DESCRIPTION
CHECK#
AMOUNT
INSURANCE-GEN OBAY VEHICLE REPAIR/TRAC DAMAG 927113
DEPARTMENT 600
VENDOR SET 101
1,970.06
MISCELLANEOUS
TOTAL:
1,970.06
GENERAL
TOTAL:
38,404.40
11/14/2006 2:39 PM
PACKET:
VENDOR SET,
fUND
DEPARTMENT: N/A
BUDGET TO USE:
VENDOR
NAME
-----------------------------------------------------------~------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
00419 Regular Payments
200
PARKS
NON-DEPARTMENTAL
CB-CURRENT BUDGET
ITEM #
1 -94360 YOCUM OIL CO INC
1-805785
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
200-401-4101-1501
PAGE: 14
BANK: GEN
DESCRIPTION
CHECK#
AMOUNT
FUEL INVENTOR DIESEL FUEL
DEPARTMENT
927169
1,933.95
NON-DEPARTMENTAL
TOTAL:
1,933.95
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET: 1
FUND 200 PARKS
DEPARTMENT: 401 PARKS & RECREATION
BUDGET TO USE; CB-CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: 15
VENDOR
ITEM #
NAME
1 -000161 CANON BUSINESS SOLUTION
1-30609723
1-30609724
1 -03325 AUTO VALUE HASTINGS
I-F24906
1 -10585 C.C. SHARROW CO INC
1-893
1 -49343 CENTERPQINT ENERGY
I-OCT 06
I-OCT 06
1 -50360 MOTOR PARTS SERVICE CO
1-6467
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
1 -76750 TERRYS ACE HARDWARE
1-26406
1-26444
1-26486
1-26554
1-26575
1-26599
1-26636
1 -85343 VIKING ELECTRIC SUPPLY
1-1284749
1 -96670 ZEE MEDICAL SERVICES
1-54162325
G/L ACCOUNT NAME
200-401-4101-6206
200-401-4101-6206
200-401-4101-6353
200-401-4147-6350
200-401-4101-6345
200-401-4147-6345
200-401-4101-6356
200-401-4101-6321
BANK: GEN"
DESCRIPTION
CIIECK#
AMOUNT
DUPLICATING & COPIER USAGE
DUPLICATING & COPY USAGE
927120
927120
0.07
66.83
REPAIRS & MAl SPARK PLUG
927114
1. 59
REPAIRS & MAl JMF/CRANE HOOK
927119
129.40
HEAT
HEAT
HEATING/ GAS
HEATING! GAS
42.65
124.15
927123
927123
UPKEEP OF GRO GRAFFITI REMOVAL CHEMICAL
927144
36.43
TELEPHONE
CELL PHONE CHARGES
927145
413.93
200-401-4101-6217 OTHER GENERAL WARMING SHELTER PARTS 927161 31.39
200-401-4147~6350 REPAIRS & MAl JMF / FILTERS 927161 7.43
200-401-4101-6228 CONSTRUCTION PARTS/ LIONS PARK 927161 5.59
200-401-4101-6240 SMALL TOOLS & TORCH 927161 31 .94
200-401-4101-6217 OTHER GENERAL PIPE HEATING/POOL 927161 23 .42
200-401-4101-6217 OTHER GENERAL PARTS/VETS COMPLEX GATE 927161 16 .73
200-401-4101-6217 OTHER GENERAL PARTS/VETS COMPLEX GATE 927161 6.18
200-401-4147-6350 REPAIRS & MAl LIGHT BULBS 927166 129.72
200-401-4101-6219
MEDICAL & FIR FIRST AID SUPPLIES
927170
58.04
DEPARTMENT 401
PARKS & RECREATION
TOTAL,
1,125.49
VENDOR SET 200
PARKS
TOTAL,
3,059.44
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET:
FUND 201 AQUATIC CENTER
DEPARTMENT: 401 PARKS & RECREATION
BUDGET TO USE: CB-CURRENT BUDGET
VENDOR
ITEM #
NAME
1 -49343 CENTERPOINT ENERGY
I-OCT 06
1 -49365 MN DEPT/LABOR & INDUSTR
I-B42351R0963241
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
1 -72369 SHEMIN NURSERIES
1-435175
1 -74312 SOLBERG AGGREGATE CQMPA
1-5157
1 -74430 SPECIALIZED TURF SOD FA
1-2514
1 -76750 TERRY8 ACE HARDWARE
1-25404
1-26341
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
DESCRIPTION
201-401-4240-6345
HEATING/ GAS
HEAT
201-401-4240-6433
DUES,SUBSCRIP BOILER REG
201-401-4240-6321 TELEPHONE CELL PHONE CHARGES
201-401-4240-6580 EQUI PMENT WALL/ ACUATIC CTR
201-401-4240-6580 EQUIPMENT POOL WALL AGGREGATE
201-401-4240-6580 EQUIPMENT SOD/POOL WALL
201-401-4240-6353 REPAIRS & MAl ANTIFREEZE
201-401-4246-6580 EQUIPMENT CAULK GUN/AQ CTR WALL
DEPARTMENT 401
PARKS & RECREATION
VENDOR SET 201
AQUATIC CENTER
CHECK#
927123
927141
927145
927157
927158
927159
927161
927161
TOTAL:
TOTAL:
PAGE: 16
BANK: GEN
AMOUNT
48.82
10.00
41. 58
2,185.34
51.12
42.60
28.05
11.70
2,419.21
2,419.21
11/14/2006 2:39 PM
PACKET:
VENDOR SET,
FUND
DEPARTMENT: 170
BUDGET TO USE:
VENDOR
NAME
00419 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
210
HERITAGE PRESERVATION
HERITAGE PRESERVATION
CB-CURRENT BUDGET
ITEM #
1 -000161 CANON BUSINESS SOLUTION
1-30609723
1-30609723
GIL ACCOUNT NAME
210-170-1702-6206
210-170-1704-6206
OEseR I PT ION
DUPLICATING & COPIER USAGE
DUPLICATING & COPIER USAGE
DEPARTMENT 170
VENDOR SET 210
HERITAGE PRESERVATION
HERITAGE PRESERVATION
PAGE: 17
BANK: GEN
CHECK#
927120
927120
TOTAL:
TOTAL:
AMOUNT
2.28
17.82
20.10
20.10
11/14/2006 2,39 PM
PACKET:
00419 Regular payments
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR SET:
FUND
213
FIRE & AMBULANCE
DEPARTMENT: 210
BUDGET TO USE:
FIRE
CB-CURRENT BUDGET
VENDOR
ITEM #
NAME
G/L ACCOUNT NAME
DESCRIPTION
CHECK#
PAGE: 18
BANK: GEN
1-30609727
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
1 -000161 CANON BUSINESS SOLUTION
1 -000349 SHARE CORPORATION
1-585995
1 -02000 AMOCO OIL CO
1-513357
1 -02102 ANCOM COMMUNICATIONS IN
1-44347
1 -28200 RIVERTOWN NEWSPAPER
1-20367988
1 -52795 NEXTEL COMMUNICATIONS
1-46S427521~030
1 -68682 REGINA MEDICAL CENTER
I-PALS CERT
1 -68690 REGINA MEDICAL GROUP
I-OCT 06
1 -76750 TERRYS ACE HARDWARE
1-26539
1-26557
1-26663
1-26740
1 ~78731 LARSON COMPANIES
I-b263070180
1 -89200 WH1TEWATER WIRELESS, IN
I~R06041522
1 -96736 ZEP MANUFACTURING CO.
1-57219692
213-210-2100-6206
213-210-2100-6216
213-210-2100-6212
213-210-2100-6581
213-210-2100-6336
213-210-2100-6321
213-210-2100-6311
213-210-2100-6216
213-210-2100-6221
213-210-2100-6217
213-210-2100~6217
213-210-2100-6217
213-210-2100-6221
213-210-2100-6353
213-210-2100-6211
DUPLICATING & COPY USAGE
927120
CHEMICALS & C DE -SCALE
927156
MOTOR FUEL & FUEL
927110
NON CAPITAL E VEHICULAR CHARGER
927111
OTHER PUBLISH CLASSIFIED ADS
927154
TELEPHONE
CELL PHONE CHARGES
927145
EXPERT & CONS TRAINING CLASSES
927151
CHEMICALS & C FLU VACCINE
927153
EQUIPMENT PAR SHIPPING
OTHER GENERAL SUPPLIES
OTHER GENERAL SUPPLIES
OTHER GENERAL SUPPLIES
927161
927161
927161
927161
EQUIPMENT PAR ENG 1482/PARTS
927137
REPAIRS & MAl RADIO REPAIR
927168
CLEANING SUPP CLEANING SUPPLIES
927171
DEPARTMENT 210
FIRE
TOTAL:
316.40
232.12
66.61
308.50
109.50
515.67
1,755.00
1,338.68
8.48
113.96
4.97
39.38
13.01
141.75
1,193.72
6,157.75
11/14/2006 2: 39 PM
PACKET: 00419 Regular Payments
VENDOR SET:
FUND 213 FIRE & AMBULANCE
DEPARTMENT: 220 AMBULANCE
BUDGET TO USE, CB - CURRENT BUDGET
VENDOR
ITEM #
NAME
1 -08726 CENTURY COLLEGE
I-OCT 06
-62700 PRAXAIR DISTRIBUTION-44
1-24425965
1 -68682 REGINA MEDICAL CENTER
I-OCT 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
213-220-2200-6323
213-220-2200-6216
213-220-2200-6216
DESCRIPTION
CONFERENCE & PARAMEDIC PROGRAM
CHEMICALS & C OXYGEN
CHEMICALS & C AMB MEDICATIONS
DEPARTMENT 220
AMBULANCE
VENDOR SET 2 13
FIRE & AMBULANCE
PAGE: 19
BANK: GEN
CHECK#
AMOUNT
927124
114.00
927150
98.94
927151
84.15
TOTAL:
297.09
TOTAL:
6,454.84
11/14/2006 2,39 PM
00419 Regular Payments
PACKET:
VENDOR SET:
FUND
DEPARTMENT: 450
BUDGET TO USE:
VENDOR
NAME
220
LE DUe
LEDUC
CB-CURRENT BUDGET
ITEM #
1 -49343 CENTERPOINT ENERGY
I-OCT 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
220-450-4160-6345
HEAT
DEPARTMENT 450
VENDOR SET 220
PAGE: 20
BANK: GEN
DESCRIPTION
CHECK#
HEATING/ GAS
927123
LEDUC
TOTAL:
LE Due
TOTAL:
AMOUNT
221. 79
221.79
221.79
11/14/2006 2,39 PM
PACKET: 00419 Regular Payments
VENDOR SET: 1
FUND
DEPARTMENT: 401
BUDGET TO USE:
VENDOR
NAME
401
PARKS CAPITAL PROJECTS
PARKS & RECREATION
CB CURRENT BUDGET
ITEM #
-04126 BARR ENGINEERING CO.
I~2319960-7
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
401-401-4115-6450
DESCRIPTION
MISCELLANEOUS LAKE ISABEL/ SERV
DEPARTMENT 401
VENDOR SET 401
PARKS & RECREATION
PARKS CAPITAL PROJECTS
PAGE: 21
BANK, GEN
CHECK#
927115
TOTAL,
TOTAL:
AMOUNT
593.00
593.00
593.00
11/14/2006 2,39 PM
PACKET:
00419 Regular Payments
VENDOR SET,
FUND
404
HRA REDEVELOPMENT
DEPARTMENT, 500
HOUSING & REDEVELOPMENT
BUDGET TO USE:
CB - CURRENT BUDGET
VENDOR
ITEM #
NAME
1 -000161 CANON BUSINESS SOLUTION
1-30609723
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
404-500-6003-6206
PAGE: 22
BANK; GEN
DESCRIPTION
CHECK#
DUPLICATING & COPIER USAGE
DEPARTMENT 500
VENDOR SET 404
927120
HOUSING & REDEVELOPMENT TOTAL:
HRA REDEVELOPMENT
TOTAL,
AMOUNT
20.73
20.73
20.73
11/14/2006 2,39 PM
REGULAR DEPARTMENT PAYMENT REGISTER
PACKET: 00419 Regular Payments
VENDOR SET, 1
FUND
407
INDUSTRIAL PARK CONST
DEPARTMENT: 180
ECONOMIC DEVELOPMENT
BUDGET TO USE:
CB-CURRENT BUDGET
VENDOR
NAME
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
1 -000218 DAMON FARBER ASSOCIATES
1-18516
1 -12044 DAKOTA COUNTY PROPERTY
1-1565
G/L ACCOUNT NAME
407-180-1502-6311
407-180-1502-6590
DESCRIPTION
EXPERT & CONS VERM ST MASTER PLAN
CONTRACTORS & ABSTRACT/IND PK
DEPARTMENT 180
ECONOMIC DEVELOPMENT
VENDOR SET 407
INDUSTRIAL PARK CONST
PAGE: 23
BANK: GEN
CHECK#
AMOUNT
927126
1,142.25
927125
46.00
TOTAL:
1,188.25
TOTAL:
1,188.25
11/14/2006 2,39 PM
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: 24
PACKET:
00419 Regular Payments
VENDOR SET:
FUND
494
2004 IMPROVEMENT PROJECTS
DEPARTMENT: 300
BUDGET TO USE:
PUBLIC WORKS
BANK: GEN
CB-CURRENT BUDGET
VENDOR
NAME
ITEM #
G/L ACCOUNT NAME
DESCRIPTION
CHECK#
AMOUNT
1 ~OO125 THREE RIVERS CONSTRUCTI
PAY EST #13 494-300-3611-6311 EXPERT & CONS 2004-1 WESTWOOD
PROJ: 23 -Fund 494 2004-1 Westwood Recon 2004-1 Westwood Recon
1 -16330 E & G CONSULTING INC
1-2006-6 494-300-3611-6311 EXPERT & CONS PROF SERVICES
PROJ: 23 -Fund 494 2004-1 Westwood Recan 2004-1 Westwood Recan
927163
24,400.34
927130
510.00
DEPARTMENT 300
PUBLIC WORKS
TOTAL,
24,910.34
VENDOR SET 494
2004 IMPROVEMENT PROJECTSTOTAL:
24,910.34
11/14/2006 2,39 PM
PACKET:
VENDOR SET,
FUND
DEPARTMENT: 300
BUDGET TO USE:
VENDOR
NAME
00419 Regular payments
REGULAR DEPARTMENT PAYMENT REGISTER
495
2005 IMPROVEMENT PROJECTS
PUBLIC WORKS
CB-CURRENT BUDGET
ITEM #
1 -16330 E & G CONSULTING INC
2006-6
2005 Street Improvements
495-300-3612-6311
PROJ: 29 -Fund 495
G/L ACCOUNT NAME
PAGE, 25
BANK: GEN
DESCRIPTION
CHECK#
EXPERT & CONS PROF SERVICES
927130
2005 Street Improvements
DEPARTMENT 300
VENDOR SET 495
PUBLIC WORKS
TOTAL:
2005 IMPROVEMENT PROJECTSTOTAL:
AMOUNT
850.00
850.00
850.00
11/14/2006 2,39 PM
PACKET: 00419 Regular Payments
VENDOR SET: 1
REGULAR DEPARTMENT PAYMENT REGISTER
DEPARTMENT: 300
BUDGET TO USE:
Public Works
2006 IMPROVEMENT PROJECTS
FUND
496
CB-CURRENT BUDGET
VENDOR
ITEM #
NAME
1 -000218 DAMON FARBER ASSOCIATES
1-18517
PROJ: 044-496
1 -16330 E & G CONSULTING INC
1-2006-6
PROJ: 042-496
G/L ACCOUNT NAME
496-300-3613-6311
Industrial Park # 7
496-300-3613-6311
North Frontage Road
DESCRIPTION
2006 Construction
EXPERT & CONS SPIRAL BLVD STREETSCAPE
2006 Construction
EXPERT & CONS PROF SERVICES
DEPARTMENT 300
VENDOR SET 496
Public Works
CHECK#
927126
927130
TOTAL:
2006 IMPROVEMENT PROJECTSTOTAL:
PAGE: 26
BANK; GEN
AMOUNT
5,633.02
19,040.00
24,673.02
24,673.02
11/14/2006 2,39 PM
PACKET: 00419 Regular payments
VENDOR SET, 1
FUND 600 WATER
DEPARTMENT: 300 PUBLIC WORKS
BUDGET TO USE, CB-CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR
ITEM #
NAME
-000161 CANON BUSINESS SOLUTION
1-30609723
1-30609725
1 -04756 BERRY COFFEE
1-601523
1 -12023 DPe INDUSTRIES, INC_
1-82701874-06
1 -42732 KORTERRA INe
1-9827215
1 -48769 METROPOLITAN COUNCIL EN
I-OCT 06
1 -49343 CENTERPOINT ENERGY
I-OCT 06
1 -49510 MN RURAL WATER ASSOC.
1-2007 ZGODA
1 -50360 MOTOR PARTS SERVICE CO
1-5985
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
1 -79578 TWIN CITY WATER CLINIC
1-3171
G/L ACCOUNT NAME
600-300-3300-6206
600-300-3300-6206
600-300-3300-6217
600-300-3300-6216
600-300-3300-6313
600-300-3300-6590
600-300-3300-6345
600-300-3300-6433
600-300-3300-6212
600-300-3300-6321
600-300-3300-6312
DESCRIPTION
DUPLICATING & COPIER USAGE
DUPLICATING & COPY USAGE
OTHER GENERAL COFFEE
CHEMICALS & C HYDROFLOUR ACID
DISPATCH CONT KORWEB SERV
CONTRACTORS & WATER TREATMENT PLANT SAC
HEAT
HEATING/ GAS
DUES,SUBSCRIP MEMBERSHIP
MOTOR FUEL & FILTER
TELEPHONE CELL PHONE CHARGES
TESTING SERVI BACTERIA ANALYSIS OCT
DEPARTMENT 300
PUBLIC WORKS
VENDOR SET 600
WATER
CHECK#
927120
927120
927116
927129
927136
927139
927123
927142
927144
927145
927164
TOTAL:
TOTAL,
PAGE: 27
BANK; GEN
AMOUNT
4.95
13.20
26.00
548.78
526.68
161,700.00
129.06
195.00
16.92
371. 88
200.00
163,732.47
163,732.47
11/14/2006 2:39 PM
PACKET: 00419 Regular Payments
VENDOR SET:
FUND
DEPARTMENT: 300
BUDGET TO USE:
VENDOR
NAME
601
WASTEWATER
PUBLIC WORKS
CB-CURRENT BUDGET
ITEM #
1 ~53395 NINE EAGLES PROMOTIONS
1-12370
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
601-300-3400-6218
PAGE: 28
BANK: GEN
DESCRIPTION
CHECK#
CLOTHING & BA UNIFORMS/COWDEN
DEPARTMENT 300
VENDOR SET 601
927147
PUBL I C WORKS
TOTAL,
WASTEWATER
TOTAL:
AMOUNT
126.00
126.00
126.00
11/14/2006 2: 39 PM
PACKET: 00419 Regular Payments
VENDOR SET,
FUND 610 TRANSIT
DEPARTMENT: 107 CITY CLERK
BUDGET TO USE: CB-CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR
ITEM #
NAME
1 -000161 CANON BUSINESS SOLUTION
1-30609723
1 -28117 HASTINGS TIRE & AUTO SV
I-H 142872
I-H 142872
I-h 142170
I-h 142170
1 -49351 SUPERIOR TRANSIT SALES
I-SCS001343
1 -50360 MOTOR PARTS SERVICE CO
1-6244
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
1 -76750 TERRYS ACE HARDWARE
1-26321
G/L ACCOUNT NAME
610-107-1073-6206
610-107-1075-6369
610-107-1075-6370
610-107-1075-6359
610-107-1075-6370
610-107-1075-6369
610-107-1075-6369
610-107-1073-6321
610-107-1075-6211
DESCRIPTION
DUPLICATING & COPIER USAGE
REPAIR-VEHICL VALVE STEM REPAIR
REPAIR-VEHICL VALVE STEM REPAIR
MAINTENANCE-V TIRES
REPAIR-VEHICL TIRES
REPAIR~VEHICL DOOR SWITCH
REPAIR-VEHICL SWITCH
TELEPHONE
CELL PHONE CHARGES
CLEANING SUPP SUPPLIES
DEPARTMENT 107
CITY CLERK
VENDOR SET 610
TRANSIT
PAGE, 29
BANK; GEN
CHECKl:/:
927120
927135
927135
927135
927135
927160
927144
927145
927161
TOTAL;
TOTAL;
AMOUNT
17.78
21. 30
40.00
664.16
14.00
45.91
8.37
36.01
38.17
885.70
885.70
11/14/2006 2:39 PM
REGULAR DEPARTMENT PAYMENT REGISTER
PACKET: 00419 Regular Payments
VENDOR SET, 1
FUND
615
ARENA
DEPARTMENT: 401
BUDGET TO USE:
PARKS & RECREATION
CB-CURRENT BUDGET
VENDOR
ITEM #
NAME
1 -000161 CANON BUSINESS SOLUTION
1-30609723
1 -49343 CENTERPOINT ENERGY
I -OCT 06
1 -52795 NEXTEL COMMUNICATIONS
1-465427521-030
G/L ACCOUNT NAME
615-401-4103-6206
615~401-4103-6345
615-401-4103-6321
DESCRIPTION
DUPLICATING & COPIER USAGE
HEAT
TELEPHONE
DEPARTMENT 401
VENDOR SET 615
HEATING/ GAS
CELL PHONE CHARGES
PARKS & RECREATION
ARENA
CHECK#
927120
927123
927145
TOTAL:
TOTAL:
REPORT GRAND TOTAL:
PAGE: 30
BANK, GEN
AMOUNT
2.66
5,789.29
75.79
5,867.74
5,867.74
273,427.03
11/16/2006 2:52 PM
PACKET: 00427 Regular Payments
~ENDOR SET:
~UND 101 GENERAL
JEPARTMENT : N/A NON-DEPARTMENTAL
3UDGET TO USE: CB-CURRENT BUDGET
IENDOR
NAME
ITEM #
:~~=================================================================================~=================~=~===========================
AMOUNT
l -000143 HASTINGS COUNTRY CLUB
I-REFUND
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-000-0000-2012
DESCRIPTION
CUSTOMER OVER REFUND OF CK
DEPARTMENT
VI-1
NON-DEPARTMENTAL
PAGE:
BANK: GEN
CIIECK#
000000
TOTAL:
108.22
108.22
11/16/2006 2: 52 PM
PACKET: 00427 Regular Payments
VENDOR SET:
FUND 101 GENERAL
JEPARTMENT: 105 ADMINISTRATION
3UDGET TO USE: CB-CURRENT BUDGET
lENDOR
NAME
ITEM n
====================================================================================================================================
AMOUNT
l -000148 DATA FLOW
1-39881
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-105-1051-6202
PAGE:
BANK: GEN
DESCRIPTION
CHECKU
PRINTED FORMS W-2 / 1099 FORMS
000000
DEPARTMENT 105
ADMINISTRATION
TOTAL:
2
179.78
179.78
11/16/2006
PACKET:
2:52 PM
00427 Regular Payments
VENDOR SET:
FUND
101
GENERAL
CITY CLERK
CB-CURRENT BUDGET
DEPARTMENT: 107
BUDGET TO USE:
VENDOR
NAME
ITEM #
====================================================================================================================================
AMOUNT
1 -48684 MESKO LEE, MELANIE
I -NOV 06
I -NOV 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
lOl-l07-1071~6324
101-107-1072~6324
MILEAGE
MILEAGE
DEPARTMENT 107
PAGE:
BANK: GEN
DESCRIPTION
ClIECK#
MILEAGE REIMBURSE
MILEAGE REIMBURSE
000000
000000
CITY CLERK
TOTAL:
44_50
57.85
102.35
11/16/2006 2,52 PM
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE:
4
PACKET:
00427 Regular Payments
VENDOR SET:
FUND
101
GENERAL
DEPARTMENT; 120
FINANCE
BANK: GEN
BUDGET TO USE,
CB-CURRENT BUDGET
JENDOR
NAME
ITEM #
G/L ACCOUNT NAME
DESCRIPTION
CHECK#
AMOUNT
----------------------~-------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
l -04726 BENSON, LYNNE M.
I-OCT 06
I-OCT 06
101-120-1201-6324
101-120-1201-6323
MILEAGE EXP REIMBURSE/CONF
CONFERENCE & EXP REIMBURSE/CONF
000000
31.15
000000
18.00
DEPARTMENT 120
FINANCE
TOTAL;
49.15
---------------------------------------------------------------------------- ----------------------------
11/16/2006 2,52 PM
PACKET:
00427 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
vENDOR SET:
PUND
101
GENERAL
MAINTENANCE
CB-CURRENT BUDGET
JEPARTMENT: 140
3UDGET TO USE;
IENDOR
NAME
ITEM #
====================================================================================================================================
AMOUNT
l -10716 CRAMER SLDG SERVICE
I-MC006034
-12037 DAKOTA COUNTY TREAS ADD
1-7388
l -12074 DAKOTA ELECTRIC ASSN
I -NQV 06
-25792 GLEWWE DOORS, INC.
1-129619
-26725 W.W. GRAINGER, INC.
1-9214920291
-45313 LIFEWORKS SERVICES INC.
1-12960
-50353 PATRICK D MOSENG
1-11934
-73168 SHERWIN-WILLIAMS
1-5607 9
-76750 TERRYS ACE HARDWARE
1-26017
1-26212
1-26816
1-27109
-86400 VOSS LIGHTING
1-15057516-0
1-15058958-0
-88114 WASTE MANAGEMENT
1-2194473-2282-3
-92700 XCEL ENERGY
I -NOV 06
I -NOV 06
G/L ACCOUNT NAME
101-140-1401-6310
101-140-1401-6212
101-140-1403-6343
101-140-1404-6590
101-140-1401~6217
101-140-1404-6310
101-140-1403-6353
101-140-1404-6590
101-140-1401-6217
101-140-1404-6590
101-140-1404-6590
101-140-1404-6590
101-140-1406-6353
101-140-1404-6353
101-140-1404-6590
101-140-1404-6343
101-140-1403-6343
DESCRIPTION
MAINTENANCE C MAINT AGREEMENT FOR CHILLER
MOTOR FUEL & FUEL CHARGES
LIGHT & POWER ELECTRIC SERVICE
CONTRACTORS & DOOR FRAME FOR CH REMODEL
OTHER GENERAL SUPPLIES
MAINTENANCE C CLEANING SERV
REPAIRS & MAl REPAIR/ PD
CONTRACTORS & PAINT SUPPLIES
OTHER GENERAL SUPPLIES FOR LD
CONTRACTORS & SUPPLIES FOR CH REMODEL
CONTRACTORS & SUPPLIES FOR CH REMODEL
CONTRACTORS & SUPPLIES FOR CH REMODEL
REPAIRS & MAl BALLAST/FD
REPAIRS & MAl BULBS/CH
CONTRACTORS & DUMPSTER/CH REMODEL
LIGHT & POWER ELECTRIC SERV 51-6960208
LIGHT & POWER ELECTRIC SERV 51-6960213
DEPARTMENT 140
MAINTENANCE
--------~~-----------------~--------------~~------------------------
5,785.07
CHECK#
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
TOTAL:
PAGE:
BANK: GEN
328.00
25.83
20.66
445.00
74.48
936.31
1BO.00
220.80
53.24
9.35
54.27
26.05
70.08
204.68
386.19
1,271.70
1,478.43
11/16/2006
PACKET:
2: 52 PM
00427 Regular Payments
vENDOR SET,
fUND 101
GENERAL
')EPARTMENT, 20l
3UDGET TO USE:
POLICE
CB-CURRENT BUDGET
JENDOR
NAME
ITEM #
:======:================:===========================================================================================================
AMOUNT
-000352 FARRINGTON, DON
I -NOV 06
L -12037 DAKOTA COUNTY TREAS-AUD
1-7388
L -12074 DAKOTA ELECTRIC ASSN
I~NOV 06
I -NOV 06
_ -28270 HASTINGS VETERINARY eLl
1-122704
-44012 LABOR RELATIONS ASSOC.
I-OCT 06
-44900 LEXIS NEXIS
1-0610232870
-49295 MN CHIEFS OF POLICE ASS
1-822
-60050 ARCH WIRELESS
I~P6097326K
-72385 MICHAEL SCHMITZ
I-NOV 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-201-2010-6218
101-201-2010-6212
101-201-2016-6343
101-201-2016-6343
101-201~2219-6450
101-201-2010-6311
101-201-2010-6311
101-201-2010-6201
101-201-2010-6364
101-201-2219-6450
DESCRIPTION
CHECK#
PAGE,
6
CLOTHING & BA SAFETY BOOTS
000000
BANK, GEN
174.94
2,905.10
10.63
159.25
39.16
2.645.00
116.00
57.72
246.06
45.00
--------------~---------~~----------------------~--------~----------------~--------------~---------------------~------~------------
6,398_86
MOTOR FUEL & FUEL CHARGES
000000
LIGHT & POWER ELECTRIC SERVICE
LIGHT & POWER ELECTRIC SERVICE
000000
000000
MISCELLANEOUS K-9 FOOD
000000
EXPERT & CONS GRIEVENCE COSTS
000000
EXPERT & CONS MONTHLY ACCESS COST
000000
OFFICE SUPPLI OFFICE SUPPLIES
000000
RENTAL-OTHER MONTHLY PAGER LEASE
000000
MISCELLANEOUS K9 LODGING
000000
DEPARTMENT 201
POLICE
TOTAL,
11/16/2006 2:52 PM
PACKET: 00427 Regular Payments
vENDOR SET:
FUND 101
JEPARTMENT: 230
3UDGET TO USE:
JENDOR
NAME
====================================================================================================================================
AMOUNT
REGULAR DEPARTMENT PAYMENT REGISTER
GENERAL
BUILDING & INSPECTIONS
CB-CURRENT BUDGET
ITEM #
L -000117 ASSN OF MN BUILDING OFF
1-2007
l -12037
DAKOTA COUNTY TREAS-AUD
1-7388
1-7388
l -62755 TIM HEUSSER
l -74425 SPECIAL TEES
1-110806-1
1-2980
G/L ACCOUNT NAME
101~230-2301-6433
101-230-2301-6212
101-230-2302-6212
101-230-2301-6218
101-230-2301-6218
DESCRIPTION
DUES,SUBSCRIP AMBO MEMBERSHIP 2007
MOTOR FUEL &
MOTOR FUEL &
FUEL CHARGES
FUEL CHARGES
CLOTHING & BA MOMOGRAM JACKETS, EMB SHIRTS
CLOTHING & BA EMBROIDERED SHIRTS
DEPARTMENT 230
BUILDING & INSPECTIONS
PAGE:
BANK: GEN
CHECKIt
000000
000000
000000
000000
000000
TOTAL:
7
200.00
352.53
45.09
383.85
273.00
1,254.47
11/16/2006 2:52 PM
PACKET: 00427 Regular Payments
VENDOR SET: 1
FUND 101 GENERAL
DEPARTMENT: 300 PUBLIC WORKS
BUDGET TO USE: CB-CURRENT BUDGET
VENDOR
NAME
ITEM #
~===================================================================================================================================
AMOUNT
1 -000353 PEARSON BROS INC
I-FINAL
1 -01832 ALLIED BLACKTOP CO.
I-2
l -12037 DAKOTA COUNTY TREAS-AUD
1-7388
1-7388
l -12074 DAKOTA ELECTRIC ASSN
I -NQV 06
l -34201 INTERSTATE POWER SYSTEM
1-18359
-48018 MACQUEEN EQUI PMENT , INC
1-2066441
-50328 MONTGOMERY, THOMAS
I-NOV 06
I-MQV 06
-53395 NINE EAGLES PROMOTIONS
1-12356
-82150 URI HIGHWAY TECHNOLOGIE
I-FINAL
-85343 VIKING ELECTRIC SUPPLY
1-1325202
1-1345301
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
101-300-3200-6356
101-300-3200-6356
101-300-3100-6212
101-300-3200-6212
101-300-3201-6343
101-300-3200-6221
101-300-3200-6221
101-300-3100-6324
101-300-3100-6325
101-300-3100-6218
101-300-3200-6356
101-300-3201-6353
101-300-3201-6353
DESCRIPTION
UPKEEP OF GRO SEAL COAT
UPKEEP OF GRO CRACK SEAL / FINAL
MOTOR FUEL &
MOTOR FUEL &
FUEL CHARGES
FUEL CHARGES
CHECK#
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
TOTAL:
PAGE:
8
LIGHT & POWER ELECTRIC SERVICE
EQUIPMENT PAR SEAL ASSEMBLY
EQUIPMENT PAR CURB GUARDS
MILEAGE EXPENSE REIMBURSEMENT
TRANSPORTATIO EXPENSE REIMBURSEMENT
CLOTHING & BA PEDERSON/ CLOTHING
UPKEEP OF GRO TRAFFIC MARKINGS
REPAIRS & MAl CLAMPS, CONNECTORS
REPAIRS & MAl PARTS
DEPARTMENT 300
PUBLIC WORKS
BANK: GRN
370,627.94
318.00
444.94
3,532.63
2,023.77
28.95
305.53
173.55
17.50
145.00
23,812.93
157.13
228.60
--------------------------------------------------------- ------------------------------
401,816.47
VENDOR SET 101
GENERAL
TOTAL:
415,694.37
11/16/2006 2,52 PM
PACKET: 00427 Regular Payments
VENDOR SET:
FUND 200 PARKS
DEPARTMENT: 401 PARKS & RECREATION
BUDGET TO USE: CB - CURRENT BUDGET
VENDOR
NAME
ITEM ~
~===================================================================================================================================
AMOUNT
1 -000243 COMMUNITY DREAM TECHNOL
I~1295CDT
1 -000348 ACI ASPHALT CONTRACTORS
1-25660
1 -44670 LEEF BROTHERS, INC.
1-1237759
1 -52240 NATURE CALLS INC
1-11159
l -56268 OBRIEN, JOE CHEVROLET
1-49250
1-49325
t -76750 TERRYS ACE HARDWARE
1-27129
l -92700 XCEL ENERGY
I -NOV 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
200-401-4101-6217
200-401-4101-6530
200-401-4101-6211
200-401-4101-6365
200-401-4101 6353
200-401-4101 6353
200-401-4101-6356
200-401-4147-6343
DESCRIPTION
OTHER GENERAL OCT SUBSCRIPTION
IMPROVEMENTS 2006 PAVEMENT REHABILITAION
CLEANING SUFP TOWELS
RENTAL-MACHIN TOILET RENTAL
REPAIRS & MAL DOOR REPAIR ON CREW CAB
REPAIRS & MAl RETAINER
UPKEEP OF GRO PIONEER FLAG LIGHT
LIGHT & POWER ELECTRIC SERV 51-6960220
DEPARTMENT 401
PARKS & RECREATION
CHECK~
000000
000000
000000
000000
000000
000000
000000
000000
TOTAL:
PAGE:
9
BANK: GEN
250.00
68,931.50
53.64
238.25
43.54
.37
10.64
550.72
------~--------------------------------------------------------------------------------------------------------------------------
70,083.66
VENDOR SET 200
PARKS
TOTAL:
70,083.66
11/16/2006 2:52 PM
PACKET: 00427 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: 10
VENDOR SET:
FUND
201
AQUATIC CENTER
PARKS & RECREATION
CB-CURRENT BUDGET
BANK: GEN
JEPARTMENT: 401
3UDGET TO USE:
JENDQR
NAME
ITEM #
G/L ACCOUNT NAME
DESCRIPTION
CIlECK#
AMOUNT
====================================================================================================================================
l -72369 SHEMIN NURSERIES
C-435269 201-401~4240-6580 EQUIPMENT WALL/ AQ CENTER 000000 372.87-
1-435175 1 201-401-4240~6580 EQUIPMENT WALL/ AQ CTR 000000 2,185.34
l -88025 WAGNER CONST. OF HAMPTO
1-3169 201-401~4240-65ao EQUIPMENT CONCRETE/SHADE STRUCTURE 000000 6,629.68
I~3171 201-401-4240-6580 EQUIPMENT CONCRETE! SHADE STRUCTURE 000000 1,382.00
l -92700 XCEL ENERGY
I-NOV 06 201-401-4240~6343 LIGHT & POWER ELECTRIC SERV 51-6960209 000000 591. 81
DEPARTMENT 401
PARKS & RECREATION
TOTAL:
10,415.96
VENDOR SET 201
AQUATIC CENTER
TOTAL:
10,415.96
11/16/2006 2:52 PM
PACKET:
VENDOR SET:
FUND
JEPARTMENT: 170
3UDGET TO USE:
IENDOR
NAME
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
l -73973 CYNTHIA SMITH
00427 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
210
HERITAGE PRESERVATION
HERITAGE PRESERVATION
CB-CURRENT BUDGET
ITEM #
I-NOV 06
I -NOV 06
I-NOV 06
G/L ACCOUNT NAME
210-170-1704-6217
210-170-1704-6217
210-170-1704-6217
DESCRIPTION
OTHER GENERAL INK CARTRIDGE/ PAPER
OTHER GENERAL INK CARTRIDGE/ PAPER
OTHER GENERAL WEDDING WEARABLES BOOKS
DEPARTMENT 170
HERITAGE PRESERVATION
VENDOR SET 210
HERITAGE PRESERVATION
PAGE: 11
BANK: GEN
CHECKn
000000
000000
000000
TOTAL:
TOTAL:
51. 62
51.62
45.66
148.90
148.90
11/16/2006 2:52 PM
PACKET: 00427 Regular Payments
VENDOR SET: 1
PUND
2B
FIRE & AMBULANCE
FIRE
CB -CURRENT BUDGET
)EPARTMENT: 210
3UDGET TO USE:
lENDOR
NAME
ITEM #
====================================================================================================================================
AMOUNT
1 -01794 ALEX AIR APPARATUS INC
1-11409
t -01937 AMERIPRIDE LINEN & APPA
I-M850220
l -02977 ASPEN MILLS
1-70361
-08605 CCP INDUSTRIES INC
-21503984
-12037 DAKOTA COUNTY TREAS-AUD
1-7388
-61500 PJS AND ASSOCIATES INCO
1-2236
-92700 XCEL ENERGY
I-NOV 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
213-210-2100-6450
213-210-2100-6217
213-210-2100-6218
21)-210-2100-6211
213-210-2100-6212
213-210-2100-6581
21)-210-2100-6343
DESCRIPTION
MISCELLANEOUS AIR QUALITY TEST, FILTER
OTHER GENERAL LINENS
CLOTHING & BA UNIFORM PANTS/HOLMES
CLEANING SUPP STATION SUPPLIES
MOTOR FUEL & FUEL CHARGES
NON CAPITAL E GRABLINE WITH THROW BAG
LIGHT & POWER ELECTRIC SERV 51-6960214
DEPARTMENT 210
FIRE
CHECK#
000000
000000
000000
000000
000000
000000
000000
TOTAL:
PAGE: 12
BANK: GEN
639.55
31. 80
125.41
338.38
740.87
574_16
734_35
3,184.52
11/16/2006 2,52 PM
PACKET: 00427 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
vENDOR SET:
FUND
213
FIRE & AMBULANCE
AMBULANCE
CB~CURRENT BUDGET
JEPARTMENT: 220
3UDGET TO USE:
JENDOR
NAME
ITEM #
~===:===============================================================================================================================
AMOUNT
1 -06385 BOYER FORD TRUCKS
1-930172
~1 MISCELLANEOUS VENDOR
MATT REIER I-CASE #20061071
1 -12037 DAKOTA COUNTY TREAS-AUD
1-7388
t -28150 HASTINGS FORD-JEEP-RAGL
1-73190
1-73196
L -45314 LIFE LINE EMERGENCY VEH
I-I031GSB-IN
-50340 MOORE MEDICAL CORP.
1-94446139RI
_ -50360 MOTOR PARTS SERVICE CO
1-6483-B
-62700 PRAXAIR DISTRIBUTIQN-44
1-24504573
G/L ACCOUNT NAME
213-220-2200-6354
21)-220-2200-6460
213-220-2200-6212
21)-220-2200-6354
213-220-2200-6354
213-220-2200-6354
213-220-2200-6216
213-220-2200-6221
213-220-2200-6216
DESCRIPTION
REPAIRS & MAl PART FOR AMB. #1461
REFUNDS-AMBUL MATT REIER:REFUND
MOTOR FUEL & FUEL CHARGES
REPAIRS & MAl PART FOR AMB. #1461
REPAIRS & MAl PART FOR AMB. #1461
CHECK#
000000
000000
000000
000000
000000
REPAIRS & MAl COOLANT SOLENOID VALVE FOR AMB 000000
CHEMICALS & C MEDICAL SUPPLIES
EQUIPMENT PAR FILTER FOR AMBULANCE #1463
CHEMICALS & C OXYGEN
DEPARTMENT 220
AMBULANCE
VENDOR SET 213
FIRE & AMBULANCE
000000
000000
000000
TOTAL:
TOTAL:
PAGE: 13
BANK: OEN
29.60
72.83
1,402.44
80.42
33.30
112.11
990.48
19.24
80.72
2,821.14
6,005.66
11/16/2006 2:52 PM
PACKET:
00427 Regular Payments
ilENDOR SET,
PUND
220
LE DUC
JEPARTMENT: 450
LEDUC
CB-CURRENT BUDGET
3UDGET TO USE,
JENDOR
NAME
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
l -24895 TIM GIBSON CLEANING
1-99457
1-99457
L -72648 SECURITY RESPONSE SERVI
1-68976
L -92700 XCEL ENERGY
I -NOV 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
220-450-4160-6310
220-450-4160-6310
220-450-4160-6350
220-450-4160-6343
DESCRIPTION
CHECK#
MAINTENANCE C CONTRACTED CLEANING OF LEDUC 000000
MAINTENANCE C ANNUAL CLEANING OF LO WINDOWS 000000
REPAIRS & MAL SECURITY SYS MONITOR/LD
000000
LIGHT & POWER ELECTRIC SERV 51-6960231
000000
DEPARTMENT 450
LEDUC
TOTAL:
VENDOR SET 220
LE DUC
TOTAL:
PAGE: 14
BANK: GEN
395.00
77.50
300.01
280.45
1,052.96
1,052.96
11/16/2006
PACKET:
VENDOR SET,
fUND 401
DEPARTMENT: 401
BUDGET TO USE:
VENDOR
NAME
====================================================================================================================================
AMOUNT
2 : 52 PM
00427 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
PARKS CAPITAL PROJECTS
PARKS & RECREATION
CB CURRENT BUDGET
ITEM #
1 -000348 ACI ASPHALT CONTRACTORS
1-25660
G/L ACCOUNT NAME
401-401-4153-6590
DESCRIPTION
CONTRACTORS & PAVEMENT-SOUTH PINES PARK
DEPARTMENT 401
VENDOR SET 401
PARKS & RECREATION
PARKS CAPITAL PROJECTS
CHECK#
000000
TOTAL:
TOTAL:
PAGE:
15
BANK: GEN
10,000.00
10,000.00
10,000.00
11/16/2006 2:52 PM
PACKET: 00427 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
VENDOR SET: 1
FUND
496
2006 IMPROVEMElIT PROJECTS
JEPARTMENT: 300
BUDGET TO USE:
Public Works
CB-CURRENT BUDGET
ifENDOR
NAME
ITEM #
G / L ACCOUNT NAME
DESCRIPTION
CHECK#
PAGE: 16
BANK: GEN
1 -000340 PARK CONSTRUCTION COMPA
I-PAY EST #2
496-300-3613-6311
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
PROJ: 042 -496
North Frontage Road
1 -000342 S M HENTGES & SONS INC
1-2
496-300-3613-6311
PROJ: 044-496
Industrial Park # 7
L -02104 ANDERSEN, E F. & ASSOC.
1-74924
496-300-3613-6311
PROJ: 041-496
3rd Street Area
-06728 BRAUN INTERTEC
1-270224
496-300-3613-6311
PROJ: 042-496
North Frontage Road
270225
496-300-3613-6311
PROJ: 044 496
Industrial Park # 7
-60690 PEMBER EXCAVATING INC
I-PAY EST 5
496-300-3613-6311
PROJ: 041-496
3rd Street Area
EXPERT & CONS 2006-2
000000
2006 Construction
EXPERT & CONS IND PK 7
000000
2006 Construction
EXPERT & CONS SIGNAGE 2006-1
000000
2006 Construction
EXPERT & CONS N F RD TESTING
000000
2006 Construction
EXPERT & CONS IND PK #7 CONST TEST
000000
2006 Construction
EXPERT & CONS 3RD ST RECONSTRUCTION
000000
2006 Construction
DEPARTMENT 300
Public Works
TOTAL:
VENDOR SET 496
2006 IMPROVEMENT PROJBCTSTOTAL:
34,461. 77
7,470.86
582.34
5,584.75
1,734.75
265,229.85
315,064.32
315,064.32
11/16/2006 2:52 PM
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: 17
PACKET:
00427 Regular Payments
lENDOR SET:
FUND
599
1999 GO IMPROVEMENT BOND
JEPARTMENT: 700
DEBT
CB-CURRENT BUDGET
BANK; GEN
3UDGET TO USE;
/ENDOR
NAME
ITEM #
G/L ACCOUNT NAME
DESCRIPTION
CHECK#
AMOUNT
---------------------------------~------------~~~---------------------------------------~---------------~~--~-----------------------
------------------------------------------------------------------------------~-------------------------------------------------~---
L -74508 SPRINGSTED PUBLIC FINAN
I-Q1R01392
599-700-7000-6620
FISCAL AGENT REBATE CALC
000000
1,500.00
DEPARTMENT 700
DEBT
TOTAL:
1,500.00
VENDOR SET 599
1999 GO IMPROVEMENT BOND TOTAL:
1,500.00
ll/16/2006 2,52 PM
?ACKET:
00427 Regular Payments
REGULAR DEPARTMENT PAYMENT REGISTER
/ENDOR SET:
'\JND
600
\lATER
JEPARTMENT, 300
3UDGET TO USE:
PUBLIC WORKS
CB-CURRENT BUDGET
IENDOR
NAME
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
~ -000351 HD SUPPLY WATERWORKS, L
1-4251542
-12037 DAKOTA COUNTY TREAS-AUD
I~7388
-12074 DAKOTA ELECTRIC ASSN
I-NOV 06
-12086 DAKOTA GARAGE DOOR CO
I-NQV 06
-24025 G & K SERVICES
1-1182155512
-26336 GOPHER STATE ONE-CALL I
1-6100435
-26730 GRAPHIC DESIGN
1-36521
-28018 HACH COMPANY
1-4925724
-40770 KEYS WELL DRILLING CO
I-PAY ESTIMATE #1
I-PAY ESTIMATE #2
-48395 M.C. MAGNEY CONSTRUCTIO
I-PAY ESTIMATE #2
I-PAY ESTIMATE #5
-48425 MCNAMARA WILLIAM
I-NQV 06
-56836 OFFICE MAX - A BOISE CO
1-453169
-92700 XCEL ENERGY
I-NOV 06
G/L ACCOUNT NAME
600-300-3300-6241
600~300~3300~6212
600-300-3300-6343
600-300-3300-6350
600-300-3300-6350
600-300-3300-6313
600-300-3300-6202
600-300-3300-6216
600-300-3300-6590
600-300-3300-6590
600-300-3300-6590
600-300-3300-6590
600-300-3300-6323
600-300-3300-6201
600-300-3300-6343
DESCRIPTION
METERS FOR RE METERS
MOTOR FUEL & FUEL CHARGES
LIGHT & POWER ELECTRIC SERVICE
REPAIRS & MAl DOOR TRACKS
REPAIRS & MAl MAT & TOWEL RENTAL
DISPATCH CONT LOCATES
PRINTED FORMS INSERTING STMTS
CHEMICALS & C SPADNS
CONTRACTORS & WELL # 1
CONTRACTORS & WELL #1
CONTRACTORS & WATER TREATMENT PLANT
CONTRACTORS & WELL #8
CONFERENCE & CLASS B LICENSE
OFFICE SUPPLI LABELS, PAPER
LIGHT & POWER ELECTRIC SERV 51-6960210
DEPARTMENT 300
PUBLIC WORKS
VENDOR SET 600
WATER
CHECK#
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
000000
TOTAL:
TOTAL,
PAGE, 18
BANK: GEN
1,018.83
1,152_53
35_39
24_00
146.11
408.90
287_85
276_90
11,400.00
7,030_00
44,830.50
91,9/5_/8
32.00
208.8/
773.09
159,600.75
159,600.75
11/16/2006 2:52 PM
?ACKET:
IENDOR SET:
~UND
)EPARTMENT: 300
3UDGET TO USE:
JENDQR
NAME
=~~~~~:====:===~==========~=================:=:========~=======================~~~==~====~=~==:=======~=~:===~=~=~=============~====
AMOUNT
00427 Regular Payments
601
WASTEWATER
PUBLIC WORKS
CB-CURRENT BUDGET
ITEM #
t -12037 DAKOTA COUNTY TREAS-AUD
I-7388
L -48768 MCES
1-0000835160
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
601-300-3400-6212
601-300-3400-6366
DESCRIPTION
MOTOR FUEL & FUEL CHARGES
METRO WASTE C WASTEWATER FLOW 12/06
DEPARTMENT 300
PUBLIC WORKS
VENDOR SET 601
WASTEWATER
CHECK#
000000
000000
TOTAL:
TOTAL:
PAGE: 19
BANK: GEN
177.72
74,439.88
74,617.60
74,617.60
11/16/2006 2,52 PM
PACKET; 00427 Regular Payments
VENDOR SET: 1
FUND 610 TRANSIT
DEPARTMENT: 107 CITY CLERK
BUDGET TO USE: CB-CURRENT BUDGET
vENDOR
NAME
ITEM #
:~==================================================================================================================================
l -12037 DAKOTA COUNTY TREAS AUD
1-7388
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
610-107-1075-6212
PAGE: 20
BANK, GEN
DESCRIPTION
CHECK#
AMOUNT
MOTOR FUEL & FUEL CHARGES
DEPARTMENT 107
VENDOR SET 610
000000
2,lBO.07
CITY CLERK
TOTAL:
2,180.07
TRANSIT
TOTAL:
2,180.07
n/16/2006 2:52 PM
PACKET: 00427 Regular payments
VENDOR SET: 1
FUND 615 ARENA
DEPARTMENT : 401 PARKS & RECREATION
BUDGET TO USE, CB-CURRENT BUDGET
REGULAR DEPARTMENT PAYMENT- REGISTER
\lENDOR
NAME
ITEM #
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
1 -000174 RIVER COUNTRY COOPERATI
I~54799
1 -20108 FARMER BROS CO.
1-7801754
1-7801945
l -2069B FERRELLGAS
1-1011830988
1-1011970421
L -21395 1ST LINE BEVERAGES INC.
1-63272
l -36144 JAYTECH, INC.
1-56473
l -49310 MIDWEST COCA-COLA BTLG
1-178421509
1-178422013
~75794 SYSCO, MINNESOTA
1-611021448
-76750 TERRYS ACE HARDWARE
1-26605/1
~88114 WASTE MANAGEMENT
1-2190732-2282 -6
G/L ACCOUNT NAME
615-401-4103-6353
615-401-4103-6254
615-401-4103-6254
615-401-4103-6212
615-401-4103-6212
615-401~4103-6254
615-401-4103-6216
615-401-4103-6254
615-401-4103-6254
615-401-4103~6254
615-401-4103-6217
615-401-4103-6217
DESCRIFTION
CHECK#
PAGE: 21
BANK: GEN
784.91
49B.32
137.00
84.11
125.68
525.10
106.88
401.07
419.61
296.50
11. 69
167.32
~---------------------------------------~~----------~-------~------------------~-----------------~- -----------------------------~-
3,558.19
REPAIRS & MAl ANTIFREEZE
000000
COST OF MERCH SUPPLIES
COST OF MERCH SUPPLIES
000000
000000
MOTOR FUEL & HAZMAT
MOTOR FUEL & HAZMAT
000000
000000
COST OF MERCH CONCESSION SUPPLIES
000000
CHEMICALS & C BIOSCAN TEST
000000
COST OF MERCH SUPPLIES
000000
COST OF MERCH SUPPLIES
000000
COST OF MERCH CONCESSION SUPPLIES
000000
OTHER GENERAL SUPPLIES
000000
OTHER GENERAL DIPOSAL OF APPLIANCES
000000
DEPARTMENT 401
PARKS & RECREATION
TOTAL:
VENDOR SET 615
ARENA
TOTAL:
3,558.19
11/16/2006 2,52 PM
PACKET; 00427 Regular Payments
JENDOR SET, 1
FUND 620
JEPARTMENT, 300
3UDGET TO USE:
IENDOR
NAME
:::=================================================================================================================================
l -92700 xeEL ENERGY
HYDRO ELECTRIC
PUBLIC WORKS
CB - CURRENT BUDGET
ITEM #
I -NOV 06
REGULAR DEPARTMENT PAYMENT REGISTER
G/L ACCOUNT NAME
620-300-3500-6343
DESCRIPTION
LIGHT & POWER ELECTRIC SERV 51~6960212
DEPARTMENT 300
PUBLIC WORKS
PAGE: 22
BANK: GEN
CHECK#
AMOUNT
000000
3,593.06
TOTAL:
3,593.06
-------~------------------------------------------------------------------------------------------------------------------
VENDOR SET 620
HYDRO ELECTRIC
TOTAL,
3,593.06
l1/16/2006 2,52 PM
REGULAR DEPARTMENT PAYMENT REGISTER
PAGE: 23
?ACKET:
00427 Regular Payments
!ENDOR SET;
'UND 804
)EPARTMENT; N/A
nJDGET TO USE:
ESCROW - LETTER OF CREDIT
NON~DEPARTMENTAL
CB-CURRENT BUDGET
BANK; GEN
fENDOR
NAME
ITEM ~
G/L ACCOUNT NAME
DESCRIPTION
CHECK#
AMOUNT
~===================================================================================================================================
L -01980 AMeQN CONSTRUCTION COMP
I -NOV 06
804-600-6012-2010
ACCOUNTS PAYA PART RELEASE CASH/HASTII OFF
000000
70,000.00
DEPARTMENT
NON-DEPARTMENTAL
TOTAL:
70,000.00
VENDOR SET 804
ESCROW - LETTER OF CREDITTOTAL:
70,000.00
REPORT GRAND TOTAL,
1,143,515.50
VI-2
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
November 20,2006
Subject:
1st Reading\Order Public Hearing: City Code Amendment #2006-55
- Electronic and Video Signage Regulations
REQUEST
The City Council is asked to consider 1 st Reading and schedule a public hearing to consider
the attached amendment to City Code Chapter 10 - Electronic and Video Signage. Upon
consideration by the Council, a public hearing and second reading would take place on
December 4, 2006.
The followjng changes are proposed (ordinance page numbers are in parentheses):
· Define Electronic Graphic Display Signs and Video Display Signs (page 1)
. Prohibit Video Display Signs (page 3)
· Establish requirements for Electronic Graphic Display Signs (page 5)
· Signs erected without a permit may be charged twice the permit fee (page 10)
RECOMMENDATION
The Planning Commission voted 7-0 to recommend approval of the amendment subject to
the following changes:
· More clearly define the limits of Electronic Graphic Signage.
· Make sure new definitions do not conflict with existing prohibited signs
· Laserbox signs should be prohibited.
· Penalties for violation should be outlined.
· Use of electronic signs in windows should be regulated.
Planning Commission Comments have been incorporated into the attached draft.
ATTACHMENTS
. Sign Ordinance
· Planning Commission Minutes - November 13, 2006
November 20, 2006
Mayor Wemer
Purpose
Staff seeks further definition on the use of Electronic and Video Signage. The use of such
signage is becoming more popular. The cost of providing larger video screen type signage
has become a viable option for businesses. The City has been approached on the use of
video display signs in Hastings.
The amendment would create definitions and restrictions for two new classes of signs -
· Electronic Graphic Display Signs are generally defined as LED matrix type signs
that have changeable messages but do not imitate motion or provide video. These
signs would be permitted in commercial, office, and public jnstitution zoning districts.
The existing red LED signs at Walgreens, Carbone's Pizza, and DuGarels are
examples of Electronic Graphic Display signs
. Video Display Signs have the capability to display motion or pictorial imagery.
These signs act as "large video monitors". There are presently no Video Display
Signs within the City of Hastings, however the City has been approached on thejr
allowance.
DRAFT 2
SIGN CODE AMENDMENT - ELECTRONIC AND VIDEO SIGNAGE
NOVEMBER 20, 2006 CITY COUNCIL MEETING _1ST READING
SECTION 10.02. DEFINITIONS
VVV. Electronic Graphic Displav Sicm - a siqn or portion thereof displavinq electronic
imaqes, qraphics, or pictures, with or without text information, defined bv a small
number of matrix elements usinq different combination of liqht emittjnq diodes (LED's),
fiber optics, liqht bulbs or other illumination devices within the displav area where the
messaqe chanqe sequence is accomplished immediatelv or bv means of fade, re-
pixilization or dissolve modes. Electronic qraphic displav siqns jnclude computer
proqrammable, mjcroprocessor controlled electronic or diqital displavs. Electronic
qraphic displav sjqns are prohibited from flashinq or pulsinq. Electronjc qraphic displav
siqns include projected imaqes or messaqes within these characteristjcs onto buildinqs
or other objects.
zzz. Video Displav Siqn - a siqn that chanqes its messaqe or backqround in a manner
or method of displav characterized bv motion or pictorial imaqerv, which may or may not
include text and depicts action or special effect to imitate movement, the presentatjon of
pictorials or qraphics djsplaved in a proqressjon of frames which have the jllusion of
motion, includinq but not limited to the illusion of movinq objects, movinq patterns or
bands of Ijqht, or expandinq or contractinq shapes, Video displav siqns include
projected imaqes or messaqes with these characteristics onto buildinq or other obiects.
SECTION 10.08. SIGN ORDINANCE
SUBD 1. General Provisions
A. Purpose: The purpose of these provisions is to:
1. Establjsh standards that would permit businesses in the city a
reasonable and equitable opportunity to advertise.
2. Preserve and promote civic beauty and not allow signs that would
detract from this purpose because of unusual size, shape, height,
location, condjtion or illumination.
3. Insure that signs shall not create a safety hazard.
4. Preserve and protect the value of land and buildings and also
preserve and protect landscapes.
B. Definitjons: See Section 10.02 (DEFINITIONS).
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1 st Reading
Page 1 of 10
November 20, 2006
C. General: The following are minimum requirements:
1. All signs shall be erected or installed according to state building and
electrical codes. Furthermore, all electrical signs shall require
underground wiring.
2. All signs/sign structures shall be maintained in safe and orderly
condition with the areas around them kept free from debris, bushes,
high grass/weeds or anythjng else that would be a nuisance.
3. Address signs that are clearly legible from the street which access
is gained shall be required for each principal structure, except in
non-sewered areas where addresses shall be affixed and visible
from both sjdes of the mailbox and/or a separate structure visjble
from the access or street.
4. Illuminated signs shall be designed so as not to be obtrusive to
adjacent property or to passing motorists on private or public right
of ways.
5. Except as otherwise regulated herein, the minimum setback from
property lines for all signs may be zero feet provided that no portion
of the sign extends into public right of way. At no time shall a sign
be permitted to extend into a Minnesota Department of
Transportation right of way. Signs above 30" in height may not be
placed within the visjon triangle, which is measured by 25' in either
direction of an jntersection at the edge of the street, or within any
easement.
6. Signs permitted by this section shall be designed and constructed
to resist wind and seismic forces as specified in the 1982 Uniform
Sign Code.
7. Roof Signs. To provide reasonable flexibility in respect to the sign
regulations set forth in this section, the City Council may approve
an application for a roof sign where an exceptjon would be
consistent wjth the intent of these regulations, in cases where the
applicant demonstrates practical difficulties in using a wall sign or
freestanding sign. However, no roof sign shall exceed in size the
district requirements for freestanding signs. If the City Council
approves a roof sign, the area of the roof sign may be subtracted
from the allowable freestanding and/or wall signage allowed for the
property and/or building.
8. Portable signs are allowed in all commercial districts, except withjn
the Downtown Overlay District, in addition to permanent signs, only
by temporary permit issued by the Planning Department according
to provisions established under Subdivisjon 5 of this Section.
Portable signs may not exceed 32 square feet in sjze or six feet in
height. The length of permits for portable signs shall be either 15 or
30 days. Permits for portable signs may be obtained for no more
than 60 days per legal parcel per year. Only one portable sign per
legal parcel may be permitted at a time. Portable signs may not be
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1st Reading
Page 2 of 10
November 20, 2006
situated within any public street right-of-way or easement. Portable
sign permit fees shall be established by resolution of City Council.
SUBD. 2. Prohibited Signs and Sign Structures
A. No sign shall be located within or over a public right of way unless
otherwise specifically permitted by this section or the Cjty Council.
B. No illuminated flashing or revolving signs shall be permitted with the
exceptjon of Electronic Graphic Displav siqns and oxcopt movie theaters,
time and temperature provided such signs are designed so as not to be
obtrusive to adjacent property or to passing motorists on private or public
right of ways. Furthermore, movie theaters with illuminated flashing or
revolving signs shall use light bulbs that are 25 watts or less and shall not
be operated between midnight and 6:00 a.m.
C. No sign shall be erected or maintained in a way that obstructs, obscure~
or otherwise physically interferes with an official traffic sign, signal/device
or driver's view of approaching, merging or intersecting traffic.
D. No sign shall be erected or maintained which jmitates or resembles any
official traffic sign, signal or device. Furthermore, no sign shall contain
such wording including, but not limited to, "stop," "warning" or "caution"
which may be confused with traffic signing or controls unless such signs
are approved by the City.
E. No sign shall be painted or placed on a fence, utility pole, tree or other like
structure except those signs that provide public information concerning a
school, city, county, state or federal event.
F. No sign shall be made of paper, cardboard or similar material and
attached directly to a building
G. No sign/structure shall be placed that will obstruct safe access to doors,
windows or fjre escapes.
H. No sign shall be supported by guy wires.
I. No sign shall be placed on a rooftop or project above the roof line when
attached to a structure except as may be permitted by the City Council
under Subd. 1, of this section.
J. Any sign not expressly permitted by the provisjons of Section 10.08.
K. Video Displav Siqns
Source: Ordinance No. 485 Second Series
Effective Date: February 3, 2003
SUBD. 3. Signs Permitted without a Permit
A. Traffic signs as approved by the Public Works Director.
B. Public signs as approved by the City of Hastings.
C. Election/campaign signs on private property provided such signs are
posted no sooner than 100 days before a city, school, county, state or
federal election and removed within 10 days following an election. No
election signs shall be affjxed to utility poles
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1 st Reading
Page 3 of 10
November 20, 2006
D. Real estate, lease and rental signs not more than 15 square feet for
residentially zoned property and 32 square feet for non-residentially zoned
property provided only one sign per street frontage upon which the
property to be sold or leased abuts.
E. Open house signs no larger than five square feet that state that a
particular home, commercial, industrial or public instjtutional structure will
be open for public inspection for a limited number of hours on a specific
day. Said signs may be placed in the city boulevard area on the same day
of the open house and only during the open house.
F. One temporary, on-site construction sign for a residential development
provided a final plat has been filed. Said sign shall not exceed 100 square
feet in size, 10 feet in height and must be located on a vacant lot or lot
with a model home within the subdivision at least 10 feet from the nearest
property line. Furthermore, said sign shall be removed when 90 percent of
single family or 75 percent of multiple family lots are sold. Construction
trailers may be placed in close proximity to support construction of the
site. Placement and/or use of the trailers solely for advertising shall be
prohibited.
G. One temporary, on-site construction sign for a commercial, industrial or
public institution development provided a building permit has been issued.
Such sign shall not exceed 100 square feet in size, 10 feet in height and
shall be removed before any building in the project is occupied. Where a
building permit or certificate of occupancy is not required for a construction
project including, but not limited to, landscaping projects, one on-site sign
not to exceed 25 square feet in size and 10 feet in height may be allowed
up to seven days. Construction trailers may be placed jn close proximity to
support construction of the site. Placement and/or use of the trailers solely
for advertising shall be prohibited.
H. Name plate signs displaying only the name or address of the owner not to
exceed two square feet.
I. Garage/rummage sale signs on private property not to exceed four square
feet in size and to be removed the same day the sale ends.
J. No trespass/no hunting and similar signs not to exceed two square feet in
size may be placed on private property.
K. Temporary ribbons, banners, pennants, and similar devices are allowed in
commercial, industrial and public institution districts. Such devices shall be
removed if they become torn, discolored or in any way damaged to modify
their original appearance. Businesses and/or property owners utilizjng
these temporary devices that include advertising and/or a message shall
be allowed 90 days during any 12 month period. . Only one device shall
be used at a time, and the maxjmum size of said device shall be equal to
or less than the monument sign standards for the district in which the site
is located, or in the case of the East 2nd Street Historic District or
Downtown Core Djstrjct, equal or less than the wall sign standards.
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1 st Reading
Page 4 of 1 0
November 20, 2006
L. Temporary holiday signs or displays relating noncommercjal messages
associated with national, state or local holidays or festivals.
M. One temporary seasonal farm products sales sign not to exceed 32
square feet in size.
N. Flags or insignia of any government.
SUBD. 4. Signs Requiring a Permit
A. Unless otherwise noted, the following regulations apply to all zoning
districts.
1. One monument sign for each principal structure, unified
development or legal parcel, whichever is more restrictive. Lots
adjacent to more than one street may have one (1) sign per street
frontage. In no case shall secondary signs exceed 50 square feet in
size or six (6) feet in height.
2. Wall, Canopy, Projecting or Marquee. Except as otherwise noted,
the amount of signage permitted is based on the wall to which the
sign will be attached. Sign heights shall not exceed the top of the
parapet wall or, if there is no parapet wall, sign height shall not
exceed height of eaves.
3. On-Sjte Directional Sjgns. To direct vehicular and pedestrian traffic
in a safe and convenient manner, djrectional signs are permitted,
provided the sign does not exceed the sizes indicated in Figure 1.
The number and location of directional signs will be determined
through sign permit revjew.
4. Electronic Graphic Displav Siqns must meet the followinq
requirements:
a. Allowable zoninq djstricts. Electronic qraphic displav siqns mav
only be located in the C-1, C-2, C-3, C-4, P-I, and 0-1 Zoninq
Districts. Electronic qraphic display siqns shall be prohibited in
all other zonjnq districts and the East 2nd Street Historic District.
b. Setback from residential. The leadinq edqe of the siqn must be
a minimum distance of 60 feet from an abuttinq residential
district.
c. Dimmer control. Electronic qraphic display sjqns must have an
automatic dimmer control to produce a distinct illumination
chanqe from a hiqher jllumination level to a lower level for the
period between on half-hour before sunset and one half-hour
after sunrise.
d. Use. Electronic qraphic display siqns may only be used in
combination with freestandinq siqnaqe and may not constitute
more than 25 percent of the Monument Siqn Face Size as
requlated in Fiqure 1.
4-5. Figure 1 illustrates the allowed amounts of signage permitted in the
various districts.
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1st Reading
Page 5 of 10
November 20, 2006
Figure 1
Zoninq District A, R, P-I C-1,0-1 C-2 1-1, 1-2 DC
I Monument Maximum
Heiqht 5 ft. 6 ft. 6 ft. 6 ft. N/A
50 sq. 50 sq.
Sign Face Size 50 sq. ft. 50 sq. ft. ft. ft. N/A
Cap Height
(max) 8 in. 8 in. 8 in. 8 in. N/A
I Wall Max sjze Greater of 40 sq. ft or 5% of wall area Subd. 4E
I Projectinq Clearance N/A 8 ft. 8ft. N/A 8 ft.
Max. Dist. from
bldg N/A 4 ft. 4 ft. N/A 2.5 ft.
I Directionals Max. Heiqht 4 ft. 4 ft. 4 ft. 4 ft. N/A
Max. Size 2 sq ft 2 sq. ft 2 sq. ft N/A
C-3 C-4
Single - Single -
under over Multiple
Single Multiple 100,000 100,000 Occupant
Occupant Occupant s . ft. sq. ft Bid
Maximum
Monument Hei ht 6 ft. 10 ft. 6 ft. 15 ft. 20 ft.
100 sq. 50 sq. 75 sq. 100 sq.
50 sq. ft. ft ft. ft. ft.
8 in. 12 in. 8 in. 18 in. 24 in.
Wall Max size Greater of 40 sq ft or 5% of wall area
Clearance 8ft. 8ft. 8ft. 8ft. 8ft.
Max. Dist. from
bid 4 ft. 4 ft. 4 ft. 4 ft. 4 ft.
Directionals
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1 st Reading
Page 6 of 10
November 20, 2006
B. "A", "R" and "P-I" Districts:
1. Residential developments with six or more single family or multiple
family dwelling units may have one monument identjfication sign
per the sizes indicated in Figure 1.
2. Churches, public or private schools, hospitals, and residential care
facilities are permitted one monument identification for the purpose
of displaying the name of the institution and it's activitjes or
services.
3. On-Site Directional Signs are permitted for churches, public or
private schools, hospital, residential care facility, or
governmenUpublic institutions.
4. One monument identification sign not to exceed 50 square feet in
size or five (5) feet in height for any commercial or institutional use
within the PI Zoning Djstrict. Lots adjacent to more than one street
may have one (1) sign per street frontage.
B. "C-1" and "0-1" Districts:
1. Signs as permitted per Subd. 4A.
2. Lots adjacent to more than one street may have one (1) sign per
street frontage. In no case shall secondary signs exceed 50 square
feet in size or six (6) feet in height.
C. "C-2" District:
1. Signs as permitted per Subd. 4A.
2. Lots adjacent to more than one street may have one (1) sign per
street frontage. In no case shall secondary signs exceed 50 square
feet in size or six (6) feet in height.
3. Additional monument signs permitted for Automobile Dealerships:
a One monument sign not to exceed 50 square feet or 6 feet in
height for advertisement of sale of pre-owned automobiles.
b. One monument sign not to exceed 50 square feet or 6 feet in
height for each additjonal new automobile product line
(automobile make) sold on the premises.
D. "C-3" District:
1. Sjgns as permitted per Subd. 4A.
2. Lots adjacent to more than one street may have one (1) sign per
street frontage. In no case shall secondary signs exceed 50 square
feet in size or six (6) feet in height.
3. Those properties located within the East 2nd Street Historic District
are subject to the regulations of Subd. 4G.
E. "C-4" Districts:
1. Signs as permitted per Subd. 4A.
2. Lots adjacent to more than one street may have one (1) sign per
street frontage. In no case shall secondary signs exceed 50 square
feet in size or six (6) feet in height.
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1st Reading
Page 7 of 10
November 20, 2006
3. Movie Theatres. The primary wall sign may not exceed ten (10)
percent of the building fagade on which the sign is erected.
Secondary signs on the other building facades may not exceed five
(5) percent of the building fayade on which the sign is erected, or
forty (40) square feet, whichever is greater.
F. "1-1" and "1-2" Districts:
1. Signs as permitted per Subd. 4A.
G. DC- Downtown Core and East 2nd Street Historic District:
1. Downtown Hastings is a remarkably intact and compact example of
commercial architecture from the 1860's to the 1920's. This historic
character is considered an jmportant asset of "Downtown" and,
therefore, it is the intent of the Sign Section that this character be
preserved. To accomplish this objective, all permanent signage
within the East 2nd Street Historic District or on property zoned DC
Downtown Core shall comply with the following requirements and
guidelines:
a. Wall signs not to exceed two square feet per linear foot of
building frontage. The size of a sign should be appropriate to
the building.
b. Signs should not cover up the traditional design elements of
a building as identified in the following sketch:
i. When feasible signage shall be at traditional locations
including: painted inside the windows, door pane or
transom pane; flush on the storefront cornice or lintel;
letters painted or attached directly on the cornice or
lintel; mounted flush between the lintel and second
floor windows.
c. The style, colors, lettering and materials of the sign should
reflect the age of the building. Examples may be found in old
photographs and surviving signs.
d. Contrast between a dark background and light lettering, or
vice versa, is more important than size. The lettering style
should be chosen for its legibility.
e. Plastic, aluminum and back lit signs are not usually
appropriate on older buildings because of their materials,
colors, size and style of lettering. The content and logo of
corporate and product signs can be transferred to more
traditional materials and styles of sign.
f. Signage shall be permitted on canvas or treated cloth
awnings where they are compatible with the age of the
building and character of "Downtown".
g. Projecting signs must conform to the following:
i. Minimum height above grade is eight (8) feet.
Maxjmum height above grade is 11' for the sjgn, and
12' for the bracket.
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1 st Reading
Page 8 of 10
November 20, 2006
II. Sign may not project more than two and one-half (2.5)
feet from the face of the building.
III. Total sign face may not exceed six (6) square feet.
IV. Materials must be wood and/or metal. Plastic signs
are not permitted.
v. Projecting signs may not be lit, internally or externally.
VI. Plans must be sUbmitted to show how the sign will be
anchored to the building and masonry.
VII. Only one projecting sign permitted per business.
viii. Signs must be advertising a specific business name,
not a generic product.
IX. The sign area of the projecting sign comes off the
total signage allowed for the building under these
requirements.
= =
-O-E"CORA TtVE-
CORNICE-
DI
WINDOW HOOD
~1A SOf'lR Y
\I.'ALL
REGULAk{L.Y
SPACED
WINDOWS
STOREfRONT
CORNICE OR
U:-=TEL
TRANSOM"
~1.>.SONR Y
PIER
OISPLA '(
WI~DOW
BL;LKHEAD
2. All signs proposed to be constructed on properties that are
designated as Heritage Preservation Sites or are in a Historic
District are subject to approval by the Heritage Preservation
Commission.
3. Freestanding sjgns are prohibited in the East 2nd Street Historic
District or on properties zoned DC Downtown' Core.
City Code Amendment #2006-55 - Electronic & Video Sign age
Draft 2 - City Council 1 st Reading
Page 9 of 10
November 20, 2006
SUBD. 5. PERMIT REQUIREMENTS.
A. Except as otherwise provided in this section, no sign or structure shall be
erected, constructed, altered, rebuilt or relocated until a permit has been
issued by the City.
B. Sign applications are available from the Planning Department. The
applicant shall include sign dimensions, height, colors, construction
materials, method of anchoring, content, and location. A sketch or
photograph of the proposed sign is required and a site plan that
adequately illustrates the location of the sign. In addition, the applicatjon
shall include the location and size of all other signs at the subject
property/development.
C. Once a completed sign application is filed with the Planning Department,
staff shall review the plans and specifications for the proposed sign(s). If
the proposed sjgn(s) meets ordinance requirements, the building code and
all other laws and ordinances of the City, a sign permit will be approved.
D. The required fee as established by resolution of the City Council shall be
paid to the City before issuance of a sign permit.
E. Siqns erected without a permit are subiect to payment of twice the
established siqn permit fee.
SUBD. 6. NONCONFORMING AND IllEGAL SIGNS.
A. Any sign legally existing on the effective date of this ordinance that does
not conform to the requirements set forth in this ordinance shall become a
nonconforming use and/or structure. Except as otherwise provided in this
sect jon, nonconforming signs shall be allowed to continue, but shall not be
rebuilt, relocated, replaced or altered without being brought into
compliance with all the requirements of this ordinance. Furthermore,
nonconforming signs are subject to the provisions contajned at Section
10.06
B. Any sign that is violation of this ordinance shall be removed or altered to
comply with this section.
C Maintenance of existing signs, including the replacement of faceplates of
the same size, shall be permitted on non-conforming signs.
D. Temporary ribbons, banners, pennants, and similar devices that are in use
as of the adoption of this ordinance must comply with the provisions of
Subd. 3k of this section.
Source: Ordinance No 462, 541, 553
Date: September 17, 2001, October 17, 2005, May 18, 2006
City Code Amendment #2006-55 - Electronic & Video Signage
Draft 2 - City Council 1st Reading
Page 10 of 10
November 20, 2006
Planning Commission
4. City of Hastings - City Code Amendment #2006-55 - Electronic Video Board Signage.
Staff Report by John Hinzman.
Staff Report by Planning Director John Hinzman.
Chair Twedt clarified that he would first open the public hearing and then the Commissioners
would discuss their interpretation of the Amendment.
Chair Twedt opened and closed the public hearing at 7: 14.
Chair Twedt inquired about the notification for the City Code Amendment. Planning Director
Hinzman stated that notification was through the newspaper, which is standard procedure.
Commissioner Schmitt stated that the Amendment should prohibit graphic display signs from
motion as these types of signs have this capability.
Commissioner Truax stated that the Amendment should prohibit projection. Commissioner
Schmitt stated to review the definition in 10.02 yyy. Commissioner Truax stated that it was
projectjon was defined, but not prohibited. He stated that he did not want the projecting
capability to be used.
Commissioner Schmitt stated that the Amendment should also prohibjt laser boxes.
Commissioner Truax referred to Subdivision 2B in regard to flashing signs. He stated that there
are already flashing signs and cited Walgreens as an example. He stated the Commission should
decide if the Ordinance would allow flashing or not. Further, Commissioner Truax stated the
Commission may want to consider restricting certain areas, such as the Vermillion Street
Corridor.
Commissioner Peine inquired if the architects for the Vermillion Street Corridor had any sign
ideas. Planning Director Hinzman stated that the architects had not gotten to that level of detail.
Commissioner Schmitt gave two suggestions for additions to the Sign Ordinance. First, the issue
of window signage may want to be addressed. Secondly, Commissioner Schmitt stated that the
Ordinance should address the penalties of disregarding the regulations.
Commissioner Mcinnis stated his appreciation that the signage is not harmful to neighbors or
traffic.
Chair Twedt stated that he felt that only one screen should be allowed at a time. In addition, no
flashing or long messages should be allowed.
Planning Director Hinzman asked if the Planning Commission desired to see the Ordinance with
their proposed changes or if he should recommend the changes to the City Council. Chair Twedt
stated that he was agreeable to recommending the changes to the City Council. The
Commissioner was in agreement.
Planning Commission Action:
Commissioner Schmitt moved and Commissioner Truax seconded to approve the City
Code Amendment with the aforementioned recommendations.
VI-3
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
November 20, 2006
Subject:
Resolution - Extend Site Plan Review Approval #2005-63 - Construction
of an industrial and warehouse facility - northeast corner of Enterprise
Avenue and 31st Street - Midwest Products
REQUEST
Durand Builders on behalf of Midwest Products seeks to extend the Sunset Clause
provision by an additional year. Please see attached letter.
The City Council originally granted site plan approval on January 17, 2006 to construct a
22,000+/- s.f. (275' x 80') industrial and warehouse building at the northeast corner of
Enterprise Avenue and 31s1 Street in the Hastings Industrial Park.
ATTACHMENTS
. Resolution Extension
. Extension Letter - Durand Builders
. Location Map
. Site Plan
. Application
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
AMENDING CITY COUNCIL RESOLUTION NO. 01-14-06 GRANTING SITE PLAN
APPROVAL TO CONSTRUCT A +/- 22,000 S.F. W AREHOUSE\OFFICE BUILDING
FOR MIDWEST PRODUCTS AT THE NORTHEAST CORNER OF 31sT STREET AND
ENTERPRISE A VENUE, HASTINGS, MINNESOTA
Councjl member
moved its adoption:
introduced the following Resolution and
WHEREAS, on January 17, 2006 The City Council of the City of Hastings adopted
Resolution No. 01-14-06 granting Site Plan Approval to Durand Builders on behalf of Midwest
Products to construct a +/- 22,000 s.f. warehouse office building generally located at the northeast
corner of 31st Street and Enterprise Avenue. legally described as Lot 6, Block 2 HASTINGS
INDUTRlAL PARK NO.7, Dakota County, Minnesota.
WHEREAS, City Council Resolution No. 01-14-06 was subject to 18 conditions of
approval, including Condition No. 16 as follows:
Approval is subject to a one year Sunset Clause; if significant progress is not made towards
construction ofthe proposal within one year of City Council approval, the approval is null
and void; and
WHEREAS, Durand Builders on behalf of Midwest Products seeks to extend the Sunset
Clause provision.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the modification to Resolution No. 01-14-06 granting Site
Plan as presented to the City Council subject to the following conditions:
I) Adherence to the Site Plan, Landscape Plan, and Architectural Elevations as presented to the
City Council on January 17,2006.
2) All disturbed areas on this property shall be stabilized with rooting vegetative cover to
eliminate erosion problems.
3) The disturbed areas ofthe site shall be maintained to the requirements ofthe City's property
maintenance ordinance.
4) The limestone drive aisle area east of the building is not acceptable. All drive aisle and
parking areas must be built to city standards including bituminous surfacing and concrete
curb. The driveway is not required provided a NFP 13 fire suppression system is installed
per requirements of the Fire Marshall.
5) Midwest Products shall submit a letter outlining its parking needs for the site and must agree
to construct designated proof of parking spaces ifneeded in the future at the discretion of the
Planning Director.
6) Rain Garden Plantings must be identified and approved by the City Forester.
7) Final approval of the development grading and utility plans by the City of Hastings. The
applicant shall be liable for any costs involved in consultant review of the plans.
8) All rooftop equipment shall be screened by a parapet wall from areas facing a publjc right-
of-way, and painted to match the building elsewhere.
9) All parking and drive aisle areas shall be constructed to city standards including concrete
curb and bituminous surfacing.
10) Lighting must not exceed 0.5 foot candles at the property line.
II) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the
estimated value prior to issuance of a certificate of occupancy.
12) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
issuance of certificate of occupancy.
13) Any signage on the site is required to obtain a sign permit from the Planning Department
prior to being erected on site.
14) Outdoor storage of materials shall be prohibited unless screened to the satisfaction of the
Planning Director.
15) Additional drainage and utility easements may be needed at the discretion of the Public
Works Director.
16) Approval is subject to a one year Sunset Clause; if significant progress is not made towards
construction of the proposal by January 17,2008, the approval is null and void.
17) Future expansion of the buildjng may require additional fire access.
18) The applicant shall consult with the Fire Marshall in locating the building tire connection.
Council member
vote adopted by _ present.
moved a second to this resolution and upon being put to a
Ayes: _
Nays: _
Absent:
ATTEST:
Michael D. Werner, Mayor
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City ofHastjngs, County of Dakota. Minnesota, on the 20th day of November, 2006,
as disclosed by the records of the City of Hastings on file and of record in the ot1ice.
Melanie Mesko Lee
City Clerk
(SEAL)
This instrument drafted by:
City of Hastjngs (JWH)
101 4th St. East
Hastings, MN 55033
November 13, 2006
Mr. John Hinzman
City of Hastings
10 I E. Fourth Street
Hastings, MN 55033
RE: MIDWEST PRODUCTS - HASTINGS INDUSTRIAL PARK
Dear Mr. Hinzman:
Earlier this year, the City Council approved plans for the above mentioned project,
including a condition that "significant progress" towards construction of the proposed
building within one year of Council approval, or January 17,2007
The financial arrangements for the project are now in place. and in order to avoid
additional costs of winter construction, we would request that thjs deadljne be extended
for twelve months to January 17, 2008. We intend to begin site and erosion control work
as soon as weather and soil conditions permit in the spring.
Bob and his attorney are also in the process of revising and finalizing the Development
Agreement, Business Subsidy Agreement, and land closing process with John Grossman.
Please let me know if you require additional details. and thank you for your kind
consideration!
Sincerely,
DURAND BUILDERS SERVICE, INC.
Bill Warner
Marketing Manager
cc: Bob Bezdichek
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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:
31st Street & Enterprise Avenue
(number TBA)
Legal Description of Property: Lot 6, Block 2, HastinRs Industrial Park No. 7
Applicant:
Name Midwest Products Company
Address 17155 Neill Path
HastinRs MN 55033
Phone 715/262-4082
Fax 715/262-3608
Email midwestwi@centurytel.net
Owner (If different from Applicant):
Name Bob Bezdichek
Address
Phone
Fax
Email
Description of Request (include site plan, survey, and/or plat if applicable):
Site Plan Approval New industrial/warehouse project, 20,400 sq. ft.
Check applicable box(es):
Note: All fees and escrow amounts due at time of application.
Final Plat
Minor Sub.
Rezone
Spec. Use
Variance
Annexation
EAW
Prelim Plat
x
Site Plan
x
TOTAL:
President
$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 sJ.: $1500 (Engineering)
- 5,000 - 10,000 s.f.: $2500 ($500 Planning + $2000 Engineering)
- 10,000 - 50,000 sJ.: $3250 ($750 Planning + $2500 Engineering)
- 50,000 sJ. +: $4000 ($1000 Planning + $3000 Engineering)
Administrative Lot Split
Comp Plan Amendment
House Move
Lot Line Adjustment
Vacate ROW/Easement
$50
$500
$500
$50
$400
Signature of Owner Date
'-f~ -al~
Owner Name - Please Print
same
4/23/2003
Official Use Only
F-i1e # 0 y-r;
Fee Paid Pv,(.
Rec'd By: ~ ti/IJ ufl1CI}.
Receipt #
Date Rec'd qk)1o 5
App. Complete
VI-4
HASTINGS
POLICE
DEPARTMENT
MEMO
FROM:
DATE:
SUBJECT:
Mayor Mike Werner
Hastings City Council Members
Chief McMenomy
November 14, 2006
Consent Agenda Item - Gun Range Use Agreement
TO:
As you will recall the police department gun range was officially closed in May 2006 and we
have since been trying to locate a place for our officers to do their spring and fall
qualification shoots.
After checking out several options and we have decided upon the Hideaway Shooting
Range located in the Denmark Township area of Washington County. This gun range is
currently being used by the Cottage Grove Police Department and the Woodbury Police
Department. The attached agreement is for use of the Hideaway facilities for December
2006 and the years of 2007 and 2008; for the cost of $1 ,600 in 2006/2007 and $1,655 in
2008. City Attorney Shawn Moynihan has reviewed the proposed agreement and cleared
the terms of the agreement for the City to sign and utilize the Hideaway range facilities.
If you have any questions concerning this item please do not hesitate to contact me.
CONTRACT BETWEEN
THE CITY OF HASTINGS AND
FRANK FEMLlNG - DBA: HIDEAWAY SHOOTING RANGE, LLC
THIS AGREEMENT, made and entered into on the 1st day of December, 2006, by and
between the City of Hastings, a munjcipal corporation, (hereinafter the "City"), and Frank
Femling - DBA: The Hideaway Shooting Range, a private entity, (hereinafter the
"Hideaway").
WHEREAS, the City of Hastings operates a police department and desires a
firing range with which to train its police officers, and
WHEREAS, the City desires to contract with the Hideaway for the use of the
firing range at the facility to accommodate police firearms training, and
WHEREAS, the Hideaway desires to provide these services to the City,
NOW THEREFORE, IT IS HEREBY AGREED by and between the parties hereto
as follows:
Term:
. This agreement shall be for the calendar years of 2006, 2007 and 2008,
. At the end of this injtial term, 31 December 2008, this agreement shall
automatically renew each year on 1 January for a period of one, (1), year, unless
it is amended or terminated as provided in this document.
Hideaway Services:
Hideaway shall provide the following services to the City:
. Access to, and use of, all firearms ranges at the facility provided proper notice
and scheduling has been provided to the Hideaway. The Hideaway shall not
prohibit, delay, or obstruct access to, or scheduling of, the ranges except as
outlined in the Notice clause of this contract.
. Unrestricted use of the ranges provided the City has complied with the
"Restrictions and "Notice" provisions of the contract.
. The Hideaway agrees to no restrictions being placed on the type, caliber, or style
of weapon or munitions to be used by the City at the range.
. The Hideaway shall maintain the ranges, burms/barrjers, and overall facility to
insure conformance with any local, state, or federal requirements to operate the
range.
. Parking spaces for at least 10 vehicles.
. Trash containers for disposal of used targets and other disposable items.
. At least one easily accessible toilet facility.
City Services:
. The City shall provide all targets, barricades, props, weapons, ammunitjon, and
other materials required for use at the Hideaway.
. The City shall clean the area of the Hideaway used at each shoot from empty
munitions or chemical canisters, targets, barricades, trash or other items used by
the City. The City shall reasonably attempt to recover as much brass as js
possible after each shoot.
Indemnitv:
. The City agrees to indemnify, and hold the Hideaway harmless against any and
all liability, loss, damages, costs, and expenses, including reasonable attorney's
fees and costs for damages to property and injury or death to persons, including
any payments made under workers' compensation law or any plan for
employees' disability and death benefits which the Hideaway may hereinafter
sustain, incur or be required to pay by reason of any negligent act or omission or
intentional act willful or otherwise of the City, its agents, officers, employees
which is incurred in connection with or is of any nature whatsoever arising out of
the use of the Hideaway pursuant to this agreement.
. Hideaway agrees to indemnify, and hold the City harmless against any and all
liability, loss, damages, costs, and expenses, including reasonable attorney's
fees which the City may hereinafter sustain, incur or be required to pay by reason
of any negligent act or omission or intentional act willful or otherwise of the
Hideaway, its agents, officers, employees which is incurred in connection with or
is of any nature whatsoever arising out of the use of the Hideaway by the City
pursuant to this agreement.
Fees:
In consideratjon of the Hideaway provided the Services as described above, the City
shall pay the Hideaway the following:
. For the calendar year 2006 - 2007, the sum of $1,600, which shall be invoiced by
the Hideaway to the City by 31 January, 2007 and paid by the City before 15
February, 2007.
· For the calendar year 2008, the sum of $1 ,655, which shall be invoiced by the
Hideaway to the City by 31 January, 2008 and paid by the City before 15
February, 2008.
· For each and every year after December 31, 2008, the fee shall increase by
$55.00, over the proceeding year, unless this fee schedule has been amended
as outlined in the amendment section.
Notice:
The City shall provide the Hideaway with at least 14 days notice of intention to use the
ranges. If a requested date is already reserved, the Hideaway shall make reasonable
accommodations for a different future date to ensure access to the range for the City.
Mutual Restrictions:
. The City shall only use the Hideaway for official departmental training, which
includes departmental firearms training, individual officer firearms training,
Special Response Team Training, and weapons testing.
. The City will not allow individual officers, or groups of officers, to use the
Hideaway under the color of this contract for any training not part of the
department's training agenda.
. The Cjty will limit the driving of police vehicles onto ranges to official training
exercises.
. The City shall have the use of the range from 9:00 AM until 9:00 PM any day
during the term of this agreement, or any extension therefore, except on
Saturdays, Sundays, and between September 5th and October 30th ("Block-out
dates"). The Hideaway may authorize the City to use the Hideaway outside of
the designated hours and during the "block-out dates" in the sole discretion of the
Hideaway.
. The City may use the Hideaway up to a total of 360 hours, but not to exceed
thirty (30) training days per years as follows:
1. Departmental training shoots, including active officers, retired officers,
police interns, and others engaged in departmental approved firearms
training.
2. Individual officer refresher or supplemental training, and/or new officer
training.
3. The Special Response Team, with the understanding that prior to using
the Hideaway, the City shall provide the Hideaway with a list of
unconventional training tools or munitions that may be in use by the
Special Response Team during the use of the Hideaway. These
munitions may include, smoke canisters, non-toxic chemical munitions,
noise distraction devices, or other specialized munitions.
Amendment:
This agreement may be amended only by a written document signed by both parties to
this agreement.
Termination:
Either party may terminate this agreement after the initial three, (3), year timeframe by
giving the other party written notice at least one hundred and sjxty, (160), days prior to
any scheduled renewal.
IN WITNESS WHEREOF, the parties have hereunto set their hands effective the
year and day first above written.
CITY OF HASTINGS
FRANK FEMLlNG - DBA: THE HIDEAWAY
By:
By:
Mayor
By:
City Administrator
By:
Chief of Police
VI-5
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DEPARTMENT RESERVE UNIT
WHEREAS, Smead Manufacturing has presented to the Hastings Police
Department a donation of $ 300.00 and have designated that this donation be
used for the Hastings Police Department Reserve Unit
WHEREAS, the City Council is appreciative of the donation and
commends Smead Manufaturing for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for the Hastings Police
Department Reserve Unit and
3. That the 2006 Hastings Police Reserve Unit Account budget be
adjusted accordingly.
Adopted this 20th day of November, 2006
Michael Werner, Mayor
Attest:
Melanie Mesko Lee, Assistant City Administrator/City Clerk
VI-6
MEMO
TO:
FROM:
RE:
DATE:
Honorable Mayor and City Council members
Charlene A. Stark, Finance Director
06 Budget Adjustments & Transfer
November 14, 2006
!!m1M~%!'l =~
The Housing and Redevelopment Authority has authorized the
proposed use of the remaining TIF balance in the Downtown TIF
district that is about to expire at the end of the year. The following
adjustments is to expend the balance remaining.
402-500-6007-6520 Buildings and structures -$471,000
402-500-6009-6531 Improvements Street and Utilties $326,000,
402-500-6007-6590 Contractors-for Demolition of one of the
existing building on the old USC site. $80,000
402-500-6005-6520 Buildings-Rehabilitation $65,000.
402-500-6009-6530 Improvements -$400,000
402-500-6009-6531 Improvements Streets. $400,000.
Council Action Reauested
Authorize the above 2006 budget adjustments and transfer.
VI-7
MEMO
TO:
FROM:
RE:
DATE:
Honorable Mayor and City Council members
Charlene A. Stark, Finance Director
Contribution Agreement
November 14, 2006
4"
$"*'1'~11W1IM *
y.4;%Wwwk
iI~ ~i
Background
The Housing and Redevelopment Authority has authorized the
transfer of at least $440,000 tax increment to be used to pay for
the public jmprovement projects on Third and Eddy Street. The
TIF transfer was used to reduce the 2006A bonding issue. This
agreement is between the City and the HRA for the contribution of
said TIF money in exchange for a credit for the HRA On properties
that will be undergoing some public street improvements in the
near future.
Council Action Requested
Authorize the Contribution Agreement between the City and the Housing and
Redevelopment Authority for the City of Hastings.
CONTRIBUTION AGREEMENT
This Contribution Agreement is made and entered into this 20th day of Nov 2006 ,
2006, by and between, the Housing and Redevelopment Authority In and For the City of
Hastings, 101 East 4th Street, Hastings, Minnesota 55033 (hereinafter "Authority") and the City
of Hastings, 101 East 41h Street, Hastings, Minnesota 55033 (hereinafter "City").
WITNESSETH:
WHEREAS, the Authority is a municipal housing and redevelopment authority that has
created a redevelopment project in the downtown area of the City (the "Project") for the purpose
of encouraging the redevelopment of real property that is currently in need of redevelopment;
and
WHEREAS, the Authority's redevelopment project also constitutes a tax increment
fmancing district created pursuant to Minnesota Statutes, section 469.042; and
WHEREAS, the Authority has detennined to use a portion of the tax increment generated
from the tax increment fmancing district to pay a portion of the cost of certain public
improvement projects being undertaken by the City in area of the Project but only on the terms
set forth in this Contribution Agreement;
NOW, THEREFORE, the Authority and the City do hereby agree as follows:
1. Authority Contribution. The Authority agrees to deposit with the City the sum of at least
$440,000 to be used by the City to pay a portion of the cost of the City's Third and Eddy Street
public improvement project currently underway in the Authority's redevelopment project. Such
deposit will be made no later than Dee 31, , 2006. The Authority believes that the
completion of the Third and Eddy Street public improvement project will further the goals of the
Authority when it created the Project.
2. Authority Credit for Future Public Improvement Projects. In consideration for
the Authority's contribution toward the Third and Eddy Street public improvement project, the
City agrees that it will undertake, at the Authority's request, street, parking and utility
improvements in other areas of the Project to facilitate the Authority's redevelopment objectives
in the Project. The Authority will receive a credit against the cost of such street, parking and
utility improvements in the amount deposited by the Authority pursuant to paragraph 1. of this
Contribution Agreement.
IN WITNESS WHEREOF the Authority and City hereby have executed this Contribution
Agreement as of the day and year first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF HASTINGS
By4A----f-r'
Kurt Keena, Chairman
CITY OF HASTINGS
( seal)
By
Michael D. Werner, Mayor
By
Melanie Mesko Lee, City Clerk
VI-8
'~B()nestroo
..RQserie
""'.' A., ....de......... r!ik. &._
1\.1" A$sQCfates
. ~Engi~~ers & Arc/:iltects
. 2335 West Highway 36. 51. Paul. MN 55113
Offite-.651,636-4600 . Fax: 651,636-1311
w_ww.bone.stroo.com
Mr.J~hn ZgQda
. Pi,1~I(c Works' Superint~i1derit
. City of Hastings .
1014thStreetEast . _ .
R;lStings, MiIu'lesota 55033
CQnstructiQn of Water Treatment Plant No.. 1
BqriestrooFiJeNQ. 000222-06106-0
Pay Request No.. 2
Attached are fo.ur cqpiesofJ'ay R.equest No.2. This pay requ~st i~J(jrworkcompIetest
on the Water TreatmentPlant,N'Q. lcbnstroctio.n thro.ugh Octob~r 31,; 2006.' 1 have
reviewed this payrequesUmd be}jevejt to. accurately reflect wo.rk completed through the
. above referenced date. WerecQmmendthattheCity paythe.requested amountQf
$44;830.50. . Please sign all fQur co.pies and'retum on~ signed CQPy to. ouroffice;twO--- ;-'._
copies to. the CQntractQr andretairi Qne co.py for y~ur'fiIe.
If yo.ti have ~yquesti~ns(egardi\lg this pa.y request please call meat (651)967A630..
5t. Paul.St. Cloud,Rochester, MN. Milwaukee, W' · Chicago, It
Afflrma'live AitionjEqual.OpporrunitY,Emp'loye'r and Ernpl.oyt!c! O~ned
JtJj Bonestroo
II::. Rosene
U Anderlik &
,~, Associates
Owner: City of HastinQs, 101 4th Street East, HastnQs, MN 55033 Date: November 6, 2006
For Period: 9/5/2006 to 9/30/2006 Request No: 2
Contractor: Maanev Construction Inc., 1401 Park Road, Chanhassen, MN 55317
Enginms & Archkecu
CONTRACTOR'S REQUEST FOR PAYMENT
CONSTRUCTION OF WATER TREATMENT PLANT NO.1
BRA FILE NO. 000222-06106-0
SUMMARY
Original Contract Amount $
2 Change Order - Addition $ 0.00
3 Change Order - Deduction $ 0.00
4 Revised Contract Amount $
5 Value Completed to Date $
6 Material on Hand $
7 Amount Eamed $
8 Less Retainage 5% $
9 Subtotal $
10 Less Amount Paid Previously $
11 Liquidated damages- $
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 $
2,838,500.00
2,838,500.00
93,590.00
16,000.00
109,590.00
5,479.50
104,110.50
59,280.00
0.00
44.830.50
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC.
Approved by Owner:
CITY OF HASTINGS
Specified Substantial Completion Date:
August 1, 2007 with operab~ity of at least one (1)
one (1) High Service Booster Pump by June 1, 2007
CCr--L~ ~~ ~
Specified Contract Completion Date:
October 31,2007
Date:
) \-1- ~
000222-06100.0-PR2.xls
Application for Payment No.2
To: The City Of Hastinjts (Owner)
From: Magney Construction, Ine (Contractor)
Contract: General Construction
Project: Water Treatment Plant No. 1 Construction
222-06-106
Owners Contract No.
For work accomplished through the date of:
Engineer's Project No.
I) Original Contract Price:
2) Net Change by Change Order/Written Amendments (-/+)
3) Curent Contract Price (1+2):
4) Total Completed and stored to date:
5) Retainage (per Agreement):
5.00% of completed work $4,679.50
5.00% of stored material:
$800.00
Total retainage:
6) Total Completed and stored to date less retainage (4-5)
7) Less Previous Application for Payments:
8) DUE TillS APPLICATION
$5,479.50
$2,838,500.00
$0.00
$2,838,500.00
$109,590.00
$104,110.50
$59,280.00
$44,830.50
Accompaning Doc1l!tlentation:
CONfRACfOR'S Certificatioo:
The undersigned CONTRACTOR certifies that (I) all previous progress payments received from OWNER OIl account of work
done under the Contract refem:d In above bave been applied 00 account In disclwge CONTRACTOR'S legitimate obligations
incnrred in CODDection with Worl< covered by prior Applications for Payment numbered I through2 inclusive; (2) title of all
work, ma1erials and equipment inCOrpot1lted in said Worl< otherwise listed in or covered by tltis Application for Payment wiu
pass In OWNER at time of payment fn:e and clear of all Liens, security interest or encwnbrance (expect such as are recovcred
by a Bond acceptable In OWNER indemniJYing OWNER against any such Lien. security interest or encumbrance); and (3)
all Worl< covered by this Applicatioo for Payment is in accordance by the CODIr.lct Documents and not defective.
Dated: 31-Oct-06
By:
{la.,#tt/J
8/€ day of
State of MAl County of
Subscribed and sworn to before me this
NotaryPublic ~ M. ~~
My Commission Expires: A-n . 5 IJ 200"
Paym..t of the above AMOUNT DUE mIS APPLlCA nON is reoommended.
Owner.
.~\."'l!>..\I.. .......,.+-w...,......~-V'1N\..
RINA M. DILLARD ,
NOTARY PUBLIC-MINNESOTA
My CommIssIon Explras Jan. 31, 2lI09
.
By:
By:
Bonoslroo, Rosene, Anderlik & Associates
City of Hastings
Engineer:
Date:
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I:! Rosene
."'I\lW. .. Anderlik &
. 1\1 1 Associates
Engineers & Architects
2335 West Highway 36 . St. Paul. MN 55113
Office: 651-636-4600 . Fax: 651-636-1311
vvvvvv.bonestroo.com
November 8, 2006
Mr: JohnZgoda
Public Works Superintendent
City of Hastings
101 4th Street East
Hastings, Minnesota 55033
Re: Construction of Well No.1 Abandonment
Bonestroo File No. 000222-06108"1
Pay Request No. I
Dear Mr. Zgoda:
Attached are four copies of Pay Request No.1. This pay request is for work completed
on the Well No.1 Abandonment through September 30,2006. We recommend that the
City pay the requested amount of $11,400.00. 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. Il
Affirmative Action/Equal Opportunity Employer and Employee Owned
c,
.n. Bonestroo
If! Rosene
'Ill Anderlik&
. ~. Associates
Engineers & Architects
Re uest No:
Owner: C.
Date:
November 8, 2006
Contractor:
CONTRACTOR'S REQUEST FOR PAYMENT
CONSTRUCTION OF WELL NO.1 ABANDONMENT
BRA FILE NO. 000222-06108-0
SUMMARY
1 Original Contract Amount $
2 Change Order - Addition $ 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 Retainage 5% $
9 Subtotal $
10 Less Amount Paid Previously $
11 Liquidated damages - $
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $
115,075.00
115,075.00
12,000.00
0.00
12,000,00
600.00
11,400.00
0.00
0.00
11,400.00
Recommended for Approval by:
~~S~TES'~
Date: ( (
II Z e>~
Approved by Owner:
CITY OF HASTINGS
~r
Date:
J/~ 9-I)lf
000222-06108-0 PA1 ,xIs
OCT-02-2006 12:5SPM
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12335 West Highway 36 . St. Paul. MN 55113
.. Office: 651-636-4600 . Fax: 651-636-1311
V11V11\1\1.bon~5t,.-oo.com
November 8, 2006
Mr. John Zgoda
Public Works Superintendent
City of Hastings
101 4th Street East
Hastings, Minnesota 55033
Re: Construction of Well No. 1 Abandonment
Bonestroo File No. 000222-06108-1
Pay Request No.2
Dear Mr. Zgoda:
Attached are four copies of Pay Request No.2. This pay request is for work completed
on the Well No.1 Abandonment through October 31,2006. We recommend that the City
pay the requested amount of $7,030.00. Please sign all four copies and return one signed
copy to our office, two copies to the co.ntractor 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, INe.
cc: Kurt Johnson, Bonestroo
Attachment
St. Paul, St. Cloud, Rochester. MN . Milwaukee. WI . Chicago, Il
Affirmative Action/Equal Opportunity Employer and Employee Owned
~ Bonestroo
II::. Rosene
1JI Anderlik &
. ~. Associates
engineers & Architects
Date: November 8, 2006
Re uest No: 2
CONTRACTOR'S REQUEST FOR PAYMENT
CONSTRUCTION OF WELL NO.1 ABANDONMENT
BRA FILE NO. 000222-06108-0
SUMMARY
Original Contract Amount
Change Order - Add~ion
Change Order - Deduction
2
$
$
$
0.00
0.00
$
$
$
$
$
$
$
$
$
115,075.00
3
4
5
6
7
8
Revised Contract Amount
Value Completed to Date
Material on Hand
Amount Eamed
Less Retainage 5%
2
115,075.00
19,400.00
0.00
19,400.00
970.00
18,430.00
11,400.00
0.00
7.030.00
9 Subtotal
10 Less Previous Requests for Payment
11 Liquidated damages -
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC.
Date: I (
II {~ Db
Approved by Owner:
CITY OF HASTINGS
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j n. BonestroQ
I!. Rosene
"I\lW Ancferlik &
. \J' Associates
Engineers & Architects
2335 West Highway 36 · St Paul, MN 55113
Offjce:65J-636~4600. Fax: 65J~636-I3H
\N\N'VV.bonestroo.com
November 8, 2006
Mr. John Zgoda
Public Works Superintendent
Cit~of Hastings
101 4th Street East
Hastings, Minnesota 55033
Re: Construction of WellPumphouse No.8
Bonestroo File No. 000222-06107-1
Pay Request No, 5 .
Dear Mr, Zgoda:
Attachedarefourcopies of Pay Request No.5. This pay request is for work completed
on the PUlnphouse No.8 construction through November 1, 2006, I have reviewed this
pay request and believe it to accurately reflect work completed through the above
referenced date. We recommend that theCity pay the requested amount of $91,975.78.
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.
Attachment
St, Paul. St. Cloud. Rochester. MN . Milwaukee. WI . Chicago. Il
Affirmative Action/Equal opportunity Employer and Employee Owned
J[jJ Bonestroo
-=- Rosene
1iII Anderfik &
,~, Associates
Engine". & Architecn
Owner: City of Hastinos, 101 4th Street East, Hastings, MN 55033 Date: November 8, 2006
For Period: 1On/2006 to 11/1/2006 Request No: 5
Contractor. Maqney 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
2 Change Order - Add~ion
3 Change Order - Deduction
4 Revised Contract Amount
5 Value Completed to Date
6 Material on Hand
7 Amount Eamed
8 Less Retainage 5%
9 Subtotal
10 Less Amount Paid Previously
11 Liquidated damages -
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.
$
$
$
5,430.22
5,056.61
5
$
$
$
$
$
$
$
$
$
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC,
Approved by Owner:
CITY OF HASTINGS
Specijied Substantial Completion Date:
Substantial completion by November 24, 2006 w~h 2"
b~uminous base course completed by November 15, 2006
~2r
657,400.00
657,773.61
333,962.61
11,000.00
344,962.61
17,248.13
327,714.48
235,738.70
0.00
91,975.78
Spec~ied Contrac1 Completion Date:
Aprl 30, 2007
Date:
H-q-o~
000222-06107 -1-PAS. xIs
Application for Payment No.5
To: City of Hastings (OWNER)
From: MagneyConstruction, Inc. 1401 Park Road, Chanha<lSeD, MN 55317 (CONTRACTOR)
Contract: General Construction
Projed: Construction of Well Purnphouse # 8
Owners Contract No.
For work accomplished through the date of:
Engineer's Project No.
111112006
00022-06107-0
1) Original Contract Price:
2) Net Change by Change OrderlWritten Amendments (-/+)
3) Current Contract Price (1+2):
4) Total Completed and stored to date:
5) Retainage (per Agreement):
5.00010 of completed work
$657,400.00
$373.61
$657,773.61
$344,962.61
$16,698.13
5.00% of stored material:
$550.00
Total retainage:
6) Total Completed and stored to date less retainage (4-5)
7) Less Previous Application for Payments:
8) DUE THIS APPLICATION
$17,248.13
$327,714.48
$235,738.70
$91,975.78
Accompanying Documentation:
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that (I) all previous p<ogress payments received ftom OWNER on account ofworl<
done underthe ContJllctretlmed In above bave been applied on ~ to discbarge CONTRACTOR'S legitimate obligations
incurred in connection with Work covered by prior Applications for Payment numbered I through 9 inclusive; (2) title of all
work, materials and equipment incorpoI1lted in said Work otberwise listed in or covered by this Application for Payment will
pass to OWNER at time of payment free and clear of all Li..... security interest or encumbrance (expect sucb as are recovenod
by a Bond acceplable to OWNER indemniJYing OWNER against any such Lien, security interest... encumbnmce); and (3)
all Work covered by this Application fur Payment is in accordance by lbe Contract Documents and oot defective.
Dated: 11/1/2006
State of MAl County of
Subscribed and sworn to before me this
Ma~.? constra~on. lac. (Contractor)
By: ~ t:t:--
Kevin Vranicar - Project Manager
afJ1 KIA
1- day of
Mv. ,2006.
N_....', ~ ~. ~
My Commission Expires: ; tlh. .3 I. ~ ()?
~J~~Ii_.
. ,
~ R/NA M. DILLARD
f. . NOTARY PUBLIC-MINNESOTA
1: My COmmfssJOlI &p/fes Jan. 31, 2009
d...N
.
Payme.t ortbe .bove AMOUNT DUE THIS APPLICATION is recommended.
Owner:
Engineer:
By:
By:
Date:
Date:
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VI-18
Memorandum
To:
Mayor and City Council Members
From:
Shawn M. Moynihan, City Attorney
Date:
November 15,2006
Subject:
Vacation of Pedestrian Trail, Drainage and Utility Easement - Hastings
Country Club
In 2002, the Country Club gave the City of Hastings a Permanent Trail, Drainage and
Utility Easement along basically the southern portion of the Country Club property
adjacent to Southview Drive. This easement was given to the city in conjunction with
the reconstruction of Southview Drive. Recently, the Hastings Country Club
refinanced their property and in that process learned that the trail that was constructed
by the city along the southern portion of the Country Club is not totally within the
easement area. As a condition of the refinancing, the Country Club was asked to
straighten this matter out. The City had its consultant review the legal description used
in 2002 and compare it to the actual location of the trail as it was constructed. It was
found that portions of the trail were constructed outside of the easement area.
The Country Club is agreeable to giving the city a revised easement which would match
the location where the trail is actually constructed.
In order to complete this process, it is necessary for the city to vacate the existing
easement and obtain a replacement easement from the Country Club. In order to vacate
the easement it is necessary to hold a public hearing.
REQUESTED COUNCIL ACTION
The council is asked to schedule a public hearing for the December 4, 2006 council
meeting to receive public input on the proposed vacation of the pedestrian trail drainage
and utility easement.
SMM/ham
City of Hastings
Parks & Recreation
Department
920 W 10th St.
Hastings, MN 55033
Ph: (65\) 480-6175
Fax: (651) 437-5396
www.ci.hastings.mn.us
Aquatic Center
90] Maple St.
Haslings, MN 55033
Ph: (651) 480-2392
Fax: (651) 437-5396
Ci\'ic Arena
280 I Rcdwing Blvd.
Hastings, MN 55033
Ph: (651) 480-6195
Fax: (651) 437-4940
VI-19
MEMO
Date:
November 13, 2006
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Director of Parks & Recreation
Subject: 2007 Community Funding Recycling Grant Application
Backaround
Each year the City receives funding from Dakota County to assist
with promotion and administration of the recycling program, The
administration of this program rests with the Parks & Recreation
Department.
Recommended City Council Action
It is recommended that the City Council take action authorizing the
submittal of the attached 2007 Dakota County Funding Recycling
Grant Application.
;lUUI \;ommumty ....unalng Application
Attachment A: BASE FUNDING and WORK PLAN
DUE DATE: November 27,2006
Program:
January 1. 2007 throuah December 31. 2007
City/Township:
Hastings, MN
Population (2005 Est.):
21,486
Number of Households (2005 Est.) :
7,980
Date Submitted: 11/21/06
Amount of Funds Applied for: $17,800
Address: 920 W 10th Street, Hastings, MN 55033 E-mail Addresskbehrens@ci.hastings.mn.us
Contact: Phone
Kristin Behrens Number: 651-480-6175
Fax Number:
651-437-5396
Don't Forget:
· Attach a copy of the Official Resolution/Proceedings (an official action from the
governing body requesting the funding allocation or a certified copy of the official
proceedings).
· The City Administrator or Manager must sign the Application Attachments.
SECTION I. 2007 COMMUNITY PROGRAM DESCRIPTION
Identify and describe the proposed activities (mandated and optional) that your community will
undertake in 2007 in each of the following areas. Please Note: Program priorities for 2007
include a focus on reinvigorating residential recycling and education targeted at new
residents and unserved/underserved citizens.
I. a. Large Community (over 1000 Households) - Mandated Responsibilities
Check
Items a) Government Leadership Responsibilities (Mandated - 4 Points each)
"
Identify Contact Person - Each community must identify in its annual Application a
../ 1 responsible party for eligible activities and Inform Dakota County within thirty
days of any changes In the designated Individual.
../ Ensure Recycling Programs - Ensure that recycling programs are established for
2 facilities under its control in accordance with MN Stat. ~ 115A.151 (i.e., must assure
program in place for recyclable materials.
../ Manage Public Entity Waste - Manage waste from its facilities as outlined in the
3 RegionaVDakota County Solid Waste Master Plan (i.e.. must assure program in
accordance with public entities law - MN Stat. ~ 115A.471)
../ Promote Sustainability Principles - Participate in workshop, training, resolution
4 development, ordinance changes, planning & zoning changes as coordinated by the
County or lead community for a Local Negotiated Initiative.
y' 5 Local Negotiated Initiative - Participate as a Lead or Supportive Community.
Check
Items b) Recycling Responsibilities (Mandated - 5 Points Each)
"
../ 1 Support Recycling Goal - Attain a level of waste reduction, reuse, and recycling
that supports a 50% recycling rate for the County.
../ Curbside Recycling Materials - Continue the curbside recycling of the following
2 materials: newspaper, magazines, mixed mail, corrugated cardboard,
steellalumlnum cans, glass containers, and plastic containers with a neck.
y' 3 Multi-family Recycling - Assure recycling service in all multi-family buildings that
includes allrecyclables collected through the curbside collection program.
../ 4 Waste Collection Service - Promote Implementation activities that comply and
enhance State law that requires all residences to have waste collection service.
8
O:LSWS/2007CommFundGdI
Check e) Solid Waste Edueation Cheek/1st (4 Points for items 1 . ~ and ~ points for
Items
~ item'4- Mandated)
Communication to Households - Produce at least one electronic (when
applicable) and written media communication and distribute to every household,
./ 1 including multi-family buildings with reinviooratino recvclino as a top priority.
Maintain environmental education website (if applicable). including a link to
www.co.dakota.mn.us/environ. Topic(s) must be consistent with the annual work
plan process.
./ 2 LSWS Meetings - Actively participate and contribute to Local Solid Waste Staff
meetings (one excused absence)
../ 3 Program Messages - Support and promote Master Plan and Comprehensive Plan
integrated solid waste management program messages.
Participate in Dakota County's Community Organization Program - Promote
../ 4 Dakota County's community organization program, identify at least one
organizational contact for Dakota County's" Community Organization Program or
participate in application screening for projects within community.
Check d) Solid Waste Community Education (9 Points Each)
Items
..J - Community choose to complete any five activities
1 Make presentationes) to city employees (minimum of 10) regarding a government
leadership activity. Topic(s) must be consistent with the annual work plan process
../ 2 Provide environmental education to community group(s) (minimum of 10 people).
with schools a top priority. Topic(s) must be consistent with the annual work plan.
Provide environmental education in schools or other public entities (minimum of 10
3 people). with schools a top priority. Topic(s) must be consistent with the annual work
plan.
4 Sponsor a sustainability workshop in collaboration with the County.
5 Sponsor an Environmentally Preferable Practices Workshop in collaboration with the
County.
../ 6 Sponsor a community event for Earth Day (if attended by over 100 people - counts
as two.
./ 7 Sponsor a community event for America Recycles Day (if attended by over 100
people - counts as two).
8 Sponsor a community event for Pollution Prevention Week (if attended by over 100
people - counts as two).
9 Sponsor a community event for other County-approved campaign (if attended by
over 100 people - counts as two).
Produce electronic (when applicable) and written media communication and
../ 10 distribute to every household. including multi-family buildings with reinviooratina
recvclina as a toD Drioritv. Topic(s) must be consistent with the annual work plan
process.
./ 11 Promote and distribute environmental education materials in accordance with the
Master Plan and Gomprehensive Plan oriorities and strateaies.
9
O:LSWS/2007CommFundGdl
Attachment A, Continued: WORK PLAN, 2007
Work Plan, Large Community Base Funding - Describe your community's proposed plan for
2006 Base Funding. The work plan shall include a description of annual activities and actions,
responsible parties, proposed timeline to accomplish the activities, the rationale to support
Master Plan/Comprehensive Plan outcomes, resources, and method of pre-and post-
activity/action measurement.
Government Leadership - Describe your community's proposed plan for expanding or
enhancing government leadership in 2007.
External Operations and In-House Programs - Describe your community's proposed
plan for expanding or enhancing waste abatement operations in 2007.
Community Education - Describe your community's proposed plan for 2007 public
educational/promotional activities.
GOVERNMENT LEADERSHIP
Government has partnered with Waste Management with an ongoing community outreach program designed to
help youths understand the advantages of recycling with some classroom training and then encouraging them to seek
out small business owners to drive recycling volume to the recycling box, The youths are rewarded for their efforts
with a cash incentive for their youth group, City Government sets a leadership role with recycling programs in house,
that include, but are not limited to, collection of mixed papers, ridged recyclables, purchasing eco-friendly supplies when
economically feasible. .
EXTERNAL OPERATIONS! IN-HOUSE PROGRAMS
Youth Green Team Program (recycling box for mixed papers)
Sponsor community Earth Day Event
Update community through printed and electronic media on recycling opportunities! yard waste disposal
Notification of city staff of EPP purchasing opportunities
COMMUNITY EDUCATION
Distribute the annual solid waste guide to the residents, quarterly updates in the Hastings Star Gazette of the youth
group recycling accomplishments, quarterly training with ne~v youth groups with outreach ideas to generate more volume
for their time with the recycling box. the curb side yard waste mailer that talks about the advantageS of backyard composting
and curbside collection. Annual city wide spring clean up, Quarterly recycling articles placed in City Newsletter mailed to
residents, Updates of recycling page on city website.
City Administrator, Manager, Mayor or
City Clerk Signature
10
O:LSWS/2007CommFundGdl
ATTACHMENT A: BASE FUNDING BUDGET, 2007 (Note: to be considered a complete application,
cities must enter estimated itemized costs in appropriate sections of both Part 1 & 2 of Attachment A)
PART 1. County Share Community Share. TOTAL
Administrative Costs: I $6,900 I I $3,318 I I $10,218 I
Direct Salaries
Direct Mileage I I I $50 I I $50 I
Direct I I I I I I
Membership/Training
& Subscriptions .
Consultant Services I I I I I I
and/or Temporary Help
Software I I I I I I
Other (List & Describe) I - I I I I I
PART 2.
Promotional/Ed ucational: I I I I I $8,200 I
Design/Printing Costs $8,200
Distribution Costs I $1,100 I I I I $1,100 I
Advertisements I I I I I $1,200 I
$600 $600
Videos/Billboards I I I I I I
Promotional Items I $1,000 I I I I $1,000 I
Special Events (Displays, I I I- I I I
Performance fees, Etc.)
Other (List & Describe) I I I I I I
TOTAL ~ EJ ~
Base Fund Requested *** I $17,800 Local Negotiated I $
Initiative Funding .
'Communities may list program contribution in this column (community contributions are not required).
"Unexpended 2007 Base Fund amounts may !!Q1 be carried over to 2008_
'''Base Funding Request may not exceed that amount shown in the October 17, 2006 Dakota County Request for Board Action
(Res. No. 06-427).
13
O:LSWS/2007CommFundGdl
VI-ZO
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
November 20, 2006
Subject:
Authorize Signature of Contract: Comprehensive Plan Contract
#2006-27 MFRA
REQUEST
The City Council is asked to authorize signature of the attached contract between the
City and McCombs Frank Roos Associates (MFRA) to complete the 2030
Comprehensive Plan. The City Council authorized selection of MFRA at the September
18,2006 City Council Meeting.
ATTACHMENTS
· Comprehensive Plan Contract
An Agreement for the Provision of Limited Professional Services
Professional Services Firm: McCombs Frank Roos Associates, Inc. (MFRA)
14800 28th Avenue North
Plymouth, Minnesota 55447
Phone: (763) 476-6010
Project Name I Location: Hastings Comprehensive Plan Update
Scope of Services: MFRA shall provide professional community planning services that will generally include
analyses, plans, policies and designs as specified in Appendix A.
Fee Agreement: MFRA shall perform the professional services defined in this Agreement and shall charge the
Client not more than $98,778. Client agrees to pay MFRA for those charges within 30 days
of receipt of each invoice.
All expenses related to driving mileage, photocopying or overnight delivery or similar costs
incurred by MFRA on behalf of the Client for the purpose of conducting the project shall be
reimbursed to MFRA at our cost.
Other Conditions:
The Client agrees to supply MFRA with past plans and other materials that are necessary to
providing these particular professional services. Unless otherwise stated, MFRA shall not be
responsible for verifYing the accuracy of documents prepared by others, site topography or
as-built site conditions.
Accepted by:
ID 0(...C:::i.-
Date
Signature
Date
~~~
~<'<:::-7.
Title
Printed Name
Title
Name of Client
Billing Address
Telephone Number
10[20
NOV, 16,2006
9: 36AM
NO, 2263
p,
i
,
Terms and Conditions
Billings and payrnenb:
Invoices for MFRA's services shall be submitted, at MFRA's option, either upon completion of such services ()r on a monthly basis.
Invoicos shall be payable within 30 days after lhe invoice dalC. If the invoice is not paid wi1h1n 60 days, MFRA may, without waiving
my claim orrignt agaInst the Client, and without liability whatsoever to the Client, tenninate the pl'rformnnce ofilie services.
The Client's obligation to pay for the work contracted is in no way dependent upon the Client's ability to obtain financing, zoning,
approval of governmental or regulatory agencies, final adjudication of a lawsuit in which MFRA is not iuvolved, or upon the Client's
successful completion of the project. To preserve lien rights in accordance with the Mechanics Lien Laws in Minnesota, MFRA may
file liens in the County where the project site is located, within 120 days after the last item of service labor has been furnished. It is
agceed that ail expenses inc\.lJTed by MFRA i.n lielling or collecting any delinquent amount, including but not limited to, reasonable
attorney's fees, financial charges, witness personnel, document duplication, organization and storage costs, court costs, travel and
subsistences, shall be paid to MFRA by the Client in addition to delinquent amount.
Late Payments:
Accounts unpaid 60 days after the invoice date may be subject to a monthly service chllI'ge of 1.0% (Dr the legal rate) on the then
unpaid balance. In the event any portion or all of an account remains unpaid 90 days after biUing, the Client shall pay all costs of
collection, iDc1udlng reasonable attorney's fees.
Indemnification:
The Client shall, to the fullest extend pennitted by law, indemnify and hold-harmless MFRA, his or her officers, direclors, employees,
agents, and subcol'lsultants from and against all damage, liability and costs, including reasonable attorney's fees and defense costs,
caused by or resulling from the 1)egligent performance by any of the parties above named of the services under this agreement,
excepting only those damages, liabilities, or costs attributable to the negligev.ce or willful misconduct ofMFRA.
MFRA shall, to the fullest extend permitted by law, mdemnify and hold-harmless City of Hastings, his or her officers, directors,
employees, agents, IUld subconsultantli from and against all damage, liability and costs, including reasonable attomey's fees and
defense costs, caused by or resulting from the negligent performance by any of the parties above named or the services under this
agreement, excepting only those damages, liabilities, or costs attn'butable to the lJegligence or willful misconduct cfCity of Hastings.
Warranties:
The only warranty or guarantee made by MFRA in cOlmection with services perfonned under this Agreement is that such services are
performed with the cate and skill ordinarily exercised by reputable members of the profession practicing under sinlilar conditions in
the State ofMinnesatll- No ather warranty, expressed or implied is made or intended by rendition of consulting services.
Ownership of Doc;uments:
All docwnents produced by MFRA under this agreement shall become the property of tbe City of Hastings and MFRA may use tbe
documents for marketing pW"poses. The City ofHastlngs in consideration of ownership agrees to forever release, defend, indemnify
and hold harmless MFRA, its directors, officers, agents and employees from any and all claims adslng out of the reuse or misuse of
the documents excepting only the nellligent acts, errors or omissions of MFRA, its directors, offioers, agents or employees.
Termination of 5eI"llCe5:
TIlis agreement may bc terminated by either party upon at least seven (7) days written notice in the event of substantial failure by the
other to perfotm in accordance with the tenTIa hereof through no fault of the terminating party. Such termination shall not be effective
if that substantial failure has been remedied before expiration of the period specified in the Written notice. If this Agreement is
terminated, MFRA shall be paid for services performed to the tenninalion notice. MFRA shall retain the right to terminate services
without the w.ritten notice if there are any outstanding accounts that are unpaid 60 days after an invoice date.
Dispute Re5Dlution:
Any claims or disputes made during design, construction, or post-construction between the Client and MFRA shall be submitted
to non-binding mediation. Client and MFRA agree to inolude a similar mediation agreement with all contractors, .
subcontractors, SUbcOIlSultants, suppliers, and fabricators, thereby providing for mediation as the primary method for dispute
resolution between all parties.
2 of 20
VI-Z1
MEMO
To:
From:
Date:
Re:
Honorable Mayor and City Council
Nick Egger
November 14, 2006
Change Orders # I &2 - Industrial Park 7th Addition Improvements
Enclosed for Council approval are Change Orders #1 and #2 for the project 2006-3, the Industrial Park 7th
Addition Improvements.
During the mass grading of the Industrial Park 7th Addition lots, a thicker than expected layer of topsoil
and clay was encountered on two ofthe lots in the northwest portion of the project. City staff directed the
contractor to remove this soil and replace it with more suitable material. The site contained sufficient
amounts of material in other areas of the project that were suitable for replacing the poor soils, and thus
the contractor was able to dig "borrow" pits to generate the volume offill needed. Change Order #1
establishes a new line item in the contract entitled "Common Borrow" for the purposes of compensating
the contactor for the additional work performed to generate the fill material
Change Order #2 consists of reimbursements to the contractor for the lowering of a watermain stub that
was installed in too close of proximity beneath a storm sewer line, and for the lowering of a new catch
basin due to a design change in the street surface elevation after this structure had already been installed.
City of Hastings - Engineering Department
CHANGE ORDER #1
Contractor: S.M. Hentges & Sons. Inc.
Address: 650 Quaker Avenue
Suite 200
Jordan. M,," 55352
City Project No.: 2006-3
Contract Name: Industrial Park 71h Addition Improvemcnts
In "ctOl\la1l';;l~ .....~lh lhe rCfO'_, of Ihls conlr,!c1. ~'Ou an:- h::rci>y Juthoflzrd ant.lln~rll(l(.'d tv ped(lJ':Jllh.... \\'Olj..; ~!\ alrcroo l:t~ rh~ following pm'ii.lo,ion:;.
S.M. Hentges & Sons. Inc. and rhe Ciry of Bastings agree to the following unit prices for new line items
LO be established pursuant to thc borrowing of suitable soils on the site of the Industrial Park 7th Addition
Improvements for the purposes of providing fill on Lots I and 2 of the Industrial Park 7th Addition:
1111~ new line item will be described as listed below:
r~il- r------:ESCRIYfION
I 56 I COMMON BORROW
-
ESTlMATlm
ADDITIONAL UNIT ESTIMA TED
UNIT Ql!ANTlTY COST ADDITIONAL COST
... ---"- ,'--_.._-----
CY 5000 $1.50 57.500.00
Basis of payment for the Common Borrow item will be for materials excavated and tilled on-site in
excess of the plan mass grading quantities Lo perform necessary soil corrections on Lots I and 2 of rhe
Industrial Park 7'" Addition. Quantities will be calculated based on topographic surveying measurements
of any and all borrow lrenches cut for providing this material. This ilem also will include the filling of the
borrow trenches with excess topsoillhat has already been stripped from the sileo
S.M. lIelllges. Inc. acknowledges by .signing this agreement Ihat the price agreed upon for this new line
item shall remain in effect for lhis type of work. regardless of rhe acrua] quamity of this item that is
perfonned. No adjustments to the price for this ilem will be made after the signing of Ihis agreement.
Accepted By:
S.M. Hentges, Inc. A
Dale:
City of Hastings - Engineering Department
CHANGE ORDER #2
Contractor:
Address:
S.M. Hentges & Sons, Inc.
650 Quaker Avenue
Suite 2oo
Jordan,~ 55352
City Project No.: 2006-3
Contract Name: Industrial Park 7th Addition Improvements
In accordance with the terms of this contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions
S.M. Hentges & Sons, Inc. and the City of Hastings hereby agree to execute this change order for the
purposes of compensating for the lowering and insulating of a watermain stub and for lowering the top of
a catch basin to accommodate a modification of the design of the street elevation on Lightbome Court.
The amount of this Change Order is fixed at $1,942.06.
Supporting documentation is attached.
Approved By:
Acting City Engineer
Date:
Accepted By:
S.M. Hentges, Inc. Authorized Representative
Date:
1
VI-22
MEMO
To:
From:
Date:
Re:
Honorable Mayor and City Council
Nick Egger
November 14,2006
Change Orders #3 &4 - North Frontage Road Water System Improvements
Enclosed for Council approval are Change Orders #3 and #4 for the 2006 North Frontage Road Water
System Improvements project.
Change Order #3 consists of additional street grading work performed because of field design changes
made by staff to better fit the street grades to existing curbing. This work occurred after a section of
North Frontage Road had already been graded once by the contractor. Change Order #3 also includes
restocking charges for storm sewer pipe and manhole materials that were delivered to the site, but later
eliminated from the contract as City staff and the contractor were able to implement a work plan that
avoided replacements of several sections of storm sewer pipes and structures.
Change Order #4 consists of reimbursements to the contractor for the placement of additional sections
onto one sanitary sewer manhole in order to help it better fit the surrounding grades on the surface, and
for spreading topsoil in Lion's Park that the City provided to cover the areas disturbed by the removal of
rubble and construction waste that was encountered during watermain installation in the park.
City of Hastings - Engineering Department
CHANGE ORDER #3
City Project No.: 2006-2
Contractor:
Address:
Park Construction Co.
500 73rd Avenue NE
Minneapolis, MN 55432
Contract Name: North Frontage Road Water System Improvements
In accordance with the tenns of this contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions
The City of Hastings and Park Construction Company hereby agree to execute this change order for the
purposes of compensating for additional grading activity due to field changes made to the street grades by
the City after part of North Frontage Road had already been graded. This change order also includes
restocking charges for materials ordered and delivered to the site that were later eliminated from the
contract by the City after they were determined unnecessary.
The amount of this Change Order is fixed at $3,338.61.
Supporting Documentation is attached.
Approved By:
Acting City Engineer
Date:
Accepted By:
Park Construction Co. Authorized Representative
Date:
/
/
"""--,
City of Hastings - Engineering Department
CHANGE ORDER #4
City Project No.: 2006-2
Contractor:
Address:
Park Construction Co.
500 73rd A venue NE
Minneapolis, MN 55432
Contract Name: North Frontage Road Water System Improvements
In accordance with the tenns of this contract. yoo are hereby authorized and instructed 10 perform the Work as altered by the following provisions
The City of Hastings and Park Construction Company hereby agree to execute this change order for the
purposes of compensating for the placement of two additional I-foot tall sections on SSMH-l. The depth
of this manhole was adjusted in the field to better match with the surrounding grades. This change order
also covers costs incurred by Park Construction in spreading out City-provided topsoil in Lions Park over
areas that were disturbed during the rubble removal referred to in Change Order #3.
The amount of this Change Order is fixed at $989.00.
Supporting Documentation is attached.
Approved By:
Acting City Engineer
Date:
Accepted By:
Park Construction Co. Authorized Representative
Date:
I
vn-1
MEMO
TO:
FROM:
RE:
Honorable Mayor and City Council members Vc. ^ \ l.
Charlene A. Stark, Finance Director '\j-\'jMJJ'-"
Resolution accepting the sale of$I,975,000 GO Improvement Bonds,
Series 2006A and the Resolution accepting the sale of $4,090,000 GO
Water Revenue Bonds, Series 2006B and the Resolution accepting the sale
of $395,000 GO Equipment Certificates, Series 2006C.
DATE:
November 14,2006
Attached you will find the two Resolutions accepting the proposals for the sale of the
above mentioned three bonds. Bids will be received November 20,2006 until 12:00p.m.
in the offices of Springsted, Inc. A representative from Springsted will be in attendance at
the council meeting to present the winning bid.
Included with this memo is the rating report from Moody's received on November 15,
2006 and the above mentioned resolutions as prepared by Briggs and Morgan. Also
included in the City Administrator's and the council member's packets is the City's
Official Statement for these three issues. The Official Statement can also be viewed on-
line at Springsted's website: www.Springsted.com/click on Os s to find Hastings.
,~",;"~"",",~;,,:..,,,..,.J.'
,,,,.,,.,,,',~'1-'I!<;',':O;.-'." .
If you should have any questions, please feel free to contact me.
Recommended Citv Council Action
Approve the attached Resolutions approving the award of the sale of$1,975,000 G.O.
Improvement Bonds, Series 2006A, and $4,090,000 G.O. Water Revenue Bonds, Series
2006B and $395,000 G.O. Equipment Certificates, Series 2006C
m Springsted
Sprin9~edlncoq>orated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651.223-3000
Fax: 651-223-3002
Email: advisors@spring~ed.com
www.springsted.com
AWARD:
$1,975,000*
CITY OF HASTINGS, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A
(BOOK ENTRY ONLY)
STIFEL, NICOLAUS & CO., INC.
SALE:
November 20, 2006
Moody's Rating: Aaa
CIFG Insured
Moody's Underlying Rating: A1
Bidder
Interest Net Interest True Interest
Rates Price Cost Rate
4.00% 2009-2018 $1,992,044.52 $516,722.15 3.8492%
3.75% 2009-2017 $1,963,824.75 $512,754.00 3.8548%
3.80% 2018
STIFEL, NICOLAUS & CO., INC.
HARRIS NA
Financial Capital Markets
Isaak Bond Investments, Inc.
Bankers' Bank
CRONIN & COMPANY, INCORPORATED
PIPER JAFFRAY COMPANIES
3.65% 2009-2014
3.70% 2015
3.75% 2016
3.80% 2017
3.85% 2018
4.00% 2009-2018
4.00% 2009-2018
$1,959,200.00
$513,328.33
3.8623%
UMB BANK N.A.
$1,989,189.85
$1,986,817.50
$519,576.82
$521,949.17
3.8741 %
3.8948%
--------....--.......----..----------------------------------........--------......-..----------...-..--------------------------------------------......-------------....--------------
REOFFERING SCHEDULE OF THE PURCHASER
Rate
4.00%
4.00%
4.00%
4.00%
4.00%
4.00%
4.00%
4.00%
4.00%
4.00%
Year
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Yield
3.62%
3.62%
3.62%
3.65%
3.68%
3.71%
3.73%
3.77%
3.78%
3.78%
881: 4.17%
Average Maturity: 6.757 Years
.
Subsequent to bid opening, the issue size decreased from $1,975,000 to $1,940,000.
Public Sector Advisors
FJ Springsted
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
Email: advisors@springsted.com
www.springsted.com
$4,090,000
CITY OF HASTINGS, MINNESOTA
GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 20068
(BOOK ENTRY ONLY)
AWARD:
NATCITY INVESTMENTS, INC.
ROBERT W. BAIRD & COMPANY, INCORPORATED
DUNCAN WILLIAMS, INC.
ROSS, SINCLAIRE & ASSOCIATES
SALE: November 20, 2006 Moody's Rating: Aaa
Ambac Insured
Moody's Underlying Rating: A1
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
NATCITY INVESTMENTS, INC. 4.00% 2008-2027 $4,082,530040 $1,977,536.27 4.0191%
ROBERT W. BAIRD & COMPANY,
INCORPORATED
DUNCAN WILLIAMS, INC.
ROSS, SINCLAIRE & ASSOCIATES
STIFEL, NICOLAUS & CO., INC. 3.875% 2008-2019 $4,063,702.78 $1,977,453.26 4.0262%
3.90% 2020-2021
4.00% 2022-2025
4.05% 2026-2027
HARRIS N.A. 3.85% 2008-2019 $4,052,249.75 $1,975,724.83 4.0307%
Financial Capital Markets 3.90% 2020-2021
Isaak Bond Investments, Inc. 3.95% 2022-2023
Bankers' Bank 4.00% 2024-2027
CRONIN & COMPANY, INCORPORATED 4.00% 2008-2023 $4,080,449.55 $2,000,301.28 4.0636%
4.10% 2024-2027
STEARN, AGEE, & LEACH, INC. 4.00% 2008-2027 $4,058,328.06 $2,001,738.61 4.0847%
COMMERCE CAPITAL MARKETS
PIPER JAFFRAY COMPANIES 4.00% 2008-2025 $4,059,983.60 $2,005,740.98 4.0907%
4.05% 2026-2027
(Continued)
Public Sector Advisors
-------------------------------------------------------------------------------------------------------------------------------------............--..-----------------....
REOFFERING SCHEDULE OF THE PURCHASER
Rate Year Yield
4.00% 2008 3.50%
4.00% 2009 3.50%
4.00% 2010 3.52%
4.00% 2011 3.55%
4.00% 2012 3.57%
4.00% 2013 3.60%
4.00% 2014 3.63%
4.00% 2015 3.65%
4.00% 2016 3.75%
4.00% 2017 3.75%
4.00% 2018 3.83%
4.00% 2019 3.83%
4.00% 2020 3.92%
4.00% 2021 3.92%
4.00% 2022 3.97%
4.00% 2023 3.97%
4.00% 2024 NRO
4.00% 2025 NRO
4.00% 2026 NRO
4.00% 2027 NRO
BBI: 4.17%
Average Maturity: 12.042 Years
~ Springsted
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
Email: advisors@springsted.com
www.springsted.com
$395,000
CITY OF HASTINGS, MINNESOTA
GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006C
(BOOK ENTRY ONLY)
AWARD:
CRONIN & COMPANY, INCORPORATED
SALE:
November 20, 2006
Moody's Rating: A1
Bidder
Interest
Rates
Price
Net Interest True Interest
Cost Rate
UNITED BANKERS' BANK
4.00% 2009-2012
3.55% 2009
3.60% 2010
3.65% 2011
3.70% 2012
4.00% 2009-2012
$397,540.20
$56,093.13
$55,787.91
3.8089%
CRONIN & COMPANY, INCORPORTATED
$392,630.00
3.8169%
NORTHLAND SECURITIES
$396,965.10
$56,668.23
3.8515%
.....---------------------------------..................--.....-.......-.......---------------------------------------------------------------------------------------------..--......--....---
REOFFERING SCHEDULE OF THE PURCHASER
Rate
Year
Yield
4.00%
4.00%
4.00%
4.00%
2009
2010
2011
2012
3.53%
3.55%
3.58%
3.60%
BBI: 4.17%
Average Maturity: 3.711 Years
Public Sector Advisors
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
HASTINGS, MINNESOTA
HELD: November 20,2006
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Hastings, Dakota and Washington Counties, Minnesota, was duly called and held at
the City Hall in said City on Monday, the 20th day of November at 7:00 P.M., for the purpose of
awarding the sale of, $1,975,000 General Obligation Improvement Bonds, Series 2006A of the
City.
The following members were present:
and the following were absent:
Councilmember
moved its adoption:
introduced the following resolution and
RESOLUTION ACCEPTING PROPOSAL ON THE
SALE OF $1,975,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2006A, PROVIDING FOR THEIR ISSUANCE
AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council ofthe City of Hastings, Minnesota (the
"City"), has heretofore determined and declared that it is necessary and expedient to issue
$1,975,000 General Obligation Improvement Bonds, Series 2006A ofthe City, pursuant to
Minnesota Statutes, Chapters 429 and 475, to finance various improvement projects in the City
(the "Improvements"); and
B. WHEREAS, the construction of each ofthe improvement projects to be
financed by the Bonds have heretofore been ordered; and
C. WHEREAS, offers to purchase the Bonds were solicited on behalf of the
City by Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), an independent
financial consultant, and therefore the City is authorized to negotiate the sale of the Bonds
without compliance with the public sale requirements of Chapter 475; and
E. WHEREAS, the following proposals were received, opened and recorded
at the offices of Springsted Incorporated at 12:00 Noon, this same day:
1952051vl
Bidder
Interest Rate
Net Interest Cost
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hastings, Minnesota, as follows:
I. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase
$1,975,000 General Obligation Improvement Bonds, Series 2006A of the City (the "Bonds", or
individually a "Bond"), in accordance with the terms of proposal, at the rates of interest
hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to
settlement, is hereby found, determined and declared to be the most favorable proposal received
and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance
Director is directed to retain the deposit of said Purchaser and to forthwith return to the others
making proposals their good faith deposits.
2. Terms of Bonds.
(a) Title; Original Issue Date; Denominations; Maturities; Term Bonds. The
Bonds shall be titled "General Obligation Improvement Bonds, Series 2006A", shall be dated
December 1, 2006, as the date of original issue and shall be issued forthwith on or after such date
as fully registered bonds. The Bonds shall be numbered from R-I upward in the denomination
of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature
on February I in the years and amounts as follows:
Year Amount Year Amount
2009 $190,000 2014 $200,000
2010 190,000 2015 200,000
2011 190,000 2016 200,000
2012 195,000 2017 205,000
2013 195,000 2018 210,000
As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory
sinking fund redemption and final maturity amounts conforming to the foregoing principal
repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited
purpose trust company organized under the laws of the State of New York or any of its
successors or successors to its functions hereunder (the "Depository") will act as securities
depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity ofthe Bonds; and for purposes of
1952051v1
2
complying with this requirement under paragraphs 5 (with respect to redemption) and 10
(with respect to registration, transfer and exchange) Authorized Denominations for any
Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding
principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by U.S. Bank National Association (the "Bond Registrar") in the
name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy ofthe records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond
register, and all such payments shall be valid and effective to fully satisfy and discharge
the City's obligations with respect to the principal of and premium, if any, and interest on
the Bonds to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10 hereof (with
respect to registration, transfer and exchange), references to the Nominee hereunder shall
refer to such new Nominee.
1952051vl
3
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations, to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency registrar agreement, shall agree to take any actions
necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof (with respect to redemption), make a notation of the reduction in principal amount
on the panel provided on the Bond stating the amount so redeemed.
(c) Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
1952051vl
4
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and ifno substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder ofthe Bonds
shall designate at that time, in accordance with paragraph 10 hereof (with respect to
registration, transfer and exchange). To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10 hereof (with
respect to registration, transfer and exchange), the Bonds will be delivered to the
Beneficial Owners.
(iii) Nothing in this subparagraph ( c) shall limit or restrict the provisions of
paragraph 10 hereof (with respect to registration, transfer and exchange).
(d) Letter of Representations. The provisions in the Letter of Representations
are incorporated herein by reference and made a part of the resolution, and if and to the extent
any such provisions are inconsistent with the other provisions of this resolution, the provisions in
the Letter of Representations shall control.
3. Purpose. The Bonds shall provide funds to finance the construction of
various improvement projects in the City (the "Improvements"). The total cost of the
Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65,
is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall
proceed with due diligence to completion. The City covenants that it shall do all things and
perform all acts required of it to assure that work on the Improvements proceeds with due
diligence to completion and that any and all permits and studies required under law for the
Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February
1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2007
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Interest Maturity Interest
Year Rate Year Rate
2009 % 2014 %
2010 2015
2011 2016
2012 2017
2013 2018
5. Redemption. All Bonds maturing in the years 2016 through 2018, shall be
subject to redemption and prepayment at the option of the City on February 1,2015, and on any
1952051v1
5
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the City shall determine the maturities
and principal amounts within each maturity to be prepaid; and if only part of the Bonds having a
common maturity date are called for prepayment, the specific Bonds to be prepaid shall be
chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be
due and payable on the redemption date, and interest thereon shall cease to accrue from and after
the redemption date. Mailed notice of redemption shall be given to the paying agent and to each
affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized
in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the
holder of such Bond, without service charge, a new Bond or Bonds of the same series having the
same stated maturity and interest rate and of any authorized denomination or denominations, as
requested by such holder, in aggregate principal amount equal to and in exchange for the
unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. U.S. Bank National Association, in Saint Paul,
Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the
"Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed,
all pursuant to any contract the City and Bond Registrar shall execute which is consistent
herewith. The Bond Registrar shall also serve as paying agent unless and until a successor
paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the
registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond
and paragraph 12 of this resolution (with respect to interest payment and record date).
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate
of Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
DAKOTA AND WASHINGTON COUNTIES
CITY OF HASTINGS
R-
$
GENERAL OBLIGATION IMPROVEMENT
BOND, SERIES 2006A
INTEREST
RATE
MATURITY
DATE
DATE OF
ORIGINAL ISSUE
CUSIP
%
December I, 2006
REGISTERED OWNER:
CEDE & CO.
PRINCIP AL AMOUNT:
DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that the City of Hastings,
Dakota and Washington Counties, Minnesota (the "Issuer"), certifies that it is indebted and for
value received promises to pay to the registered owner specified above, or registered assigns, in
the manner hereinafter set forth, the principal amount specified above, on the maturity date
specified above, unless called for earlier redemption, and to pay interest thereon semiannually on
February I and August I of each year (each, an "Interest Payment Date"), commencing August
I, 2007, at the rate per annum specified above (calculated on the basis of a 360-day year of
twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will
bear interest from the most recent Interest Payment Date to which interest has been paid or, if no
interest has been paid, from the date of original issue hereof. The principal of and premium, if
any, on this Bond are payable upon presentation and surrender hereof at the principal office of
U.S. Bank National Association, in Saint Paul, Minnesota (the "Bond Registrar"), acting as
paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond
will be paid on each Interest Payment Date by check or draft mailed to the person in whose name
this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of business
on the fifteenth day of the calendar month next preceding such Interest Payment Date (the
"Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person
who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who
is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the
Bond Registrar whenever money becomes available for payment of the defaulted interest.
Notice ofthe Special Record Date shall be given to Bondholders not less than ten days prior to
the Special Record Date. The principal of and premium, if any, and interest on this Bond are
payable in lawful money of the United States of America. So long as this Bond is registered in
the name of the Depository or its Nominee as provided in the Resolution hereinafter described,
and as those terms are defined therein, payment of principal ot~ premium, if any, and interest on
1952051 vI
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this Bond and notice with respect thereto shall be made as provided in the Letter of
Representations, as defined in the Resolution, and surrender of this Bond shall not be required
for payment of the redemption price upon a partial redemption of this Bond. Until termination of
the book-entry only system pursuant to the Resolution, Bonds may only be registered in the
name of the Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2016
through 2018, are subject to redemption and prepayment at the option of the Issuer on February
1, 2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemption is in part, the Issuer shall
determine the maturities and principal amount within each maturity to be prepaid; and if only
part of the Bonds having a common maturity date are called for prepayment, the specific Bonds
to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial
redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each
Bond having a common maturity date, a distinctive number for each $5,000 of the principal
amount of such Bond. The Bond Registrar shall then select by lot, using such method of
selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as
many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to
be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much of the principal amount of such Bond of a
denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number
assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to
the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of
transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder
thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond
Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a
new Bond or Bonds of the same series having the same stated maturity and interest rate and of
any authorized denomination or denominations, as requested by such Holder, in aggregate
principal amount equal to and in exchange for the unredeemed portion of the principal of the
Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total
principal amount of $1 ,975,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate, denomination and redemption privilege, which Bond has been issued
pursuant to and in full conformity with the Constitution, Charter of the Issuer, and laws of the
State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on
November 20,2006 (the "Resolution"), for the purpose of providing money to finance various
improvement projects. This Bond is payable out ofthe General Obligation Improvement Bonds,
Series 2006A Fund of the Issuer. This Bond constitutes a general obligation ofthe Issuer, and to
provide moneys for the prompt and full payment of its principal, premium, if any, and interest
when the same become due, the full faith and credit and taxing powers of the Issuer have been
and are hereby irrevocably pledged.
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Denominations; Exchange; Resolution. The Bonds are issuable solely as fully
registered bonds in the denominations of $5,000 and integral multiples thereof of a single
maturity and are exchangeable for fully registered Bonds of other authorized denominations in
equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the
manner and subject to the limitations provided in the Resolution. Reference is hereby made to
the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by his, her or its
attorney duly authorized in writing at the principal office of the Bond Registrar upon
presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions
provided in the Resolution and to reasonable regulations ofthe Issuer contained in any
agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar
shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds
in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of
an authorized denomination or denominations, in aggregate principal amount equal to the
principal amount of this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the
person in whose name this Bond is registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided above with respect to the Record
Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the
Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security unless the Certificate of Authentication hereon shall have
been executed by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer
as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue
Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution, laws of the State of Minnesota and Charter of the Issuer to be done,
to happen and to be performed, precedent to and in the issuance of this Bond, have been done,
have happened and have been performed, in regular and due form, time and manner as required
by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of
original issue hereof and the date of its issuance and delivery to the original purchaser, does not
exceed any constitutional, statutory or charter limitation of indebtedness.
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IN WITNESS WHEREOF, the City of Hastings, Dakota and Washington
Counties, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the
facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been
intentionally omitted as permitted by law.
Date of Registration:
Registrable by: U.S. Bank National Association
Saint Paul, Minnesota
Payable at:
U.S. Bank National Association
Saint Paul, Minnesota
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Resolution mentioned
within.
CITY OF HASTINGS
DAKOTA AND WASHINGTON COUNTIES,
MINNESOTA
U.S. Bank National Association
Bond Registrar
/s/ Facsimile
Mayor
/s/ Facsimile
Clerk
By
Authorized Signature
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ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust)
(Minor)
under the
Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list.
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within
Bond and does hereby irrevocably constitute and appoint attorney to
transfer the Bond on the books kept for the registration thereof, with full power of substitution in
the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240. I 7 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners
ifthe Bond is held by joint account.)
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Use only for Bonds when they are
Registered in Book Entry Only System
PREP A YMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
Date
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13
Authorized
Signature Of Holder
8. Execution: Temporarv Bonds. The Bonds shall be printed (or, at the
request of the Purchaser, typewritten) shall be executed on behalf ofthe City by the signatures of
its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of
the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and
provided further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either such officer, the Bonds may be
signed by the manual or facsimile signature of that officer who may act on behalf of such absent
or disabled officer. In case either such officer whose signature or facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe
or she had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth
above, with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. The temporary bonds may be executed with photocopied facsimile signatures
ofthe Mayor and Clerk. Such temporary bonds shall, upon the printing ofthe definitive bonds
and the execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit under this resolution unless a Certificate of Authentication
on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by
an authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is December I, 2006. The Certificate of Authentication so executed on each Bond
shall be conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the
principal office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the
registration of Bonds and the registration of transfers of Bonds entitled to be registered or
transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond
Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert
the date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver,
in the name of the designated transferee or transferees, one or more new Bonds of any authorized
denomination or denominations of a like aggregate principal amount, having the same stated
maturity and interest rate, as requested by the transferor; provided, however, that no Bond may
be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any
authorized denomination or denominations of a like aggregate principal amount and stated
maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond
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Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if
necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and
deliver the Bonds which the Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this
resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as
directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid
general obligations of the City evidencing the same debt, and entitled to the same benefits under
this resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly
endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in
writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or
other governmental charge payable in connection with the transfer or exchange of any Bond and
any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations ofthe City contained in
any agreement with the Bond Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment dates. The Clerk is hereby
authorized to negotiate and execute the terms of said agreement.
II. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of
or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Bond.
12. Interest Pavrnent; Record Date. Interest on any Bond shall be paid on
each Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth (15th) day ofthe
calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any
such interest not so timely paid shall cease to be payable to the person who is the Holder thereof
as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at
the close of business on a date (the "Special Record Date") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of the Special
Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat
the person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above with respect to interest payment and record date) on, such
Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and
neither the City nor the Bond Registrar shall be affected by notice to the contrary.
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14. Deliverv; Application of Proceeds. The Bonds when so prepared and
executed shall be delivered by the Finance Director to the Purchaser upon receipt ofthe purchase
price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be
designated the "General Obligation Improvement Bonds, Series 2006A Fund" (the "Fund") to be
administered and maintained by the Finance Director as a bookkeeping account separate and
apart from all other funds maintained in the official financial records of the City. The Fund shall
be maintained in the manner herein specified until all of the Bonds and the interest thereon have
been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be
designated the "Construction Account" and "Debt Service Account", respectively.
(i) Construction Account. To the Construction Account there shall be credited the
proceeds ofthe sale of the Bonds, less accrued interest received thereon, and less any amount
paid for the Bonds in excess of $1 ,959,200, and less capitalized interest in the amount of
$ , (together with interest earnings thereon and subject to such other adjustments
as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before
), plus any special assessments levied with respect to the Improvements and
collected prior to completion of the Improvements and payment of the costs thereof. From the
Construction Account there shall be paid all costs and expenses of making the Improvements
listed in paragraph 16 (with respect to assessments), induding the cost of any construction
contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in
Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other
purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also
be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of
commencement ofthe collection of taxes or special assessments herein levied or covenanted to
be levied; and provided further that if upon completion of the Improvements there shall remain
any unexpended balance in the Construction Account, the balance (other than any special
assessments) may be transferred by the Council to the fund of any other improvement instituted
pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments
credited to the Construction Account shall only be applied towards payment ofthe costs of the
Improvements upon adoption of a resolution by the City Council determining that the application
of the special assessments for such purpose will not cause the City to no longer be in compliance
with Minnesota Statutes, Section 475.61, Subdivision 1.
(ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to,
and there shall be credited to, the Debt Service Account: (a) all collections of special
assessments herein covenanted to be levied with respect to the Improvements and either initially
credited to the Construction Account and not already spent as permitted above and required to
pay any principal and interest due on the Bonds or collected subsequent to the completion of the
Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery
of the Bonds; (c) all funds paid for the Bonds in excess of$I,959,200; (d) all collections of taxes
herein or hereafter levied for the payment of the Bonds and interest thereon; (e) capitalized
interest in the amount of $ (together with interest earnings thereon and subject to
such other adjustments as are appropriate to provide sufficient funds to pay interest due on the
Bonds on or before February 1,2008); (t) all funds remaining in the Construction Account after
completion of the Improvements and payment of the costs thereof, not so transferred to the
1952051v1
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account of another improvement; (g) all investment earnings on funds held in the Debt Service
Account; and (h) any and all other moneys which are properly available and are appropriated by
the governing body of the City to the Debt Service Account. The Debt Service Account shall be
used solely to pay the principal and interest and any premiums for redemption of the Bonds and
any other general obligation bonds of the City hereafter issued by the City and made payable
from said account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to
acquire higher yielding investments or to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (I) for a reasonable temporary period until such
proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the
above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds
or $100,000. To this effect any special assessments against benefitted properties are also
pledged to the Debt Service Account, in excess of amounts which under then-applicable federal
arbitrage regulations may be invested without regard to yield shall not be invested at a yield in
excess of the applicable yield restrictions imposed by said arbitrage regulations on such
investments after taking into account any applicable "temporary periods" or "minor portion"
made available under the federal arbitrage regulations. Money in the Fund shall not be invested
in obligations or deposits issued by, guaranteed by or insured by the United States or any agency
or instrumentality thereof if and to the extent that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) ofthe Internal Revenue Code of
1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent
(20%) of the cost to the City of each Improvement financed hereunder within the meaning of
Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be
heretofore levied against every assessable lot, piece and parcel ofland benefitted by any of the
Improvements. The City hereby covenants and agrees that it will let all construction contracts
not heretofore let within one (1) year after ordering each Improvement financed hereunder unless
the resolution ordering the Improvement specifIes a different time limit for the letting of
construction contracts. The City hereby further covenants and agrees that it will do and perform
as soon as they may be done all acts and things necessary for the final and valid levy of such
special assessments, and in the event that any such assessment be at any time held invalid with
respect to any lot, piece or parcel ofland due to any error, defect, or irregularity in any action or
proceedings taken or to be taken by the City or the City Councilor any of the City officers or
employees, either in the making of the assessments or in the performance of any condition
precedent thereto, the City and the City Council will forthwith do all further acts and take all
further proceedings as may be required by law to make the assessments a valid and binding lien
upon such property. It is hereby determined that the assessments shall be payable in equal,
consecutive installments of principal, with interest on the declining balance, with general taxes
for the years shown below and with interest on the declining balance of all such assessments at a
rate per annum not greater than the maximum permitted by law and not less than 5.50% per
annum:
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Improvement
Designation
Amount
Levy
Years
Collection
Years
2006-1 Third Street
2006-2 NRF
2006-3 Industrial Park 7th Addition
2006-6 Commerce Drive
2007-2017
2007-2017
2008-2018
2008-2018
At the time the assessments are in fact levied the City Council shall, based on the
then-current estimated collections of the assessments, make any adjustments in any ad valorem
taxes required to be levied in order to assure that the City continues to be in compliance with
Minnesota Statutes, Section 475.61, Subdivision 1.
17. Tax Levy; Coverage Test. To provide moneys for payment of the
principal and interest on the Bonds there is hereby levied upon all ofthe taxable property in the
City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with
and as part of other general property taxes in the City for the years and in the amounts as
follows:
Year of Tax
Levy
Year of Tax
Collection
Amount
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment ofthe Bonds, will produce at least five percent (5%) in excess of the
amount needed to meet when due the principal and interest payments on the Bonds. The tax
levies shall be irrepealable so long as any ofthe Bonds are outstanding and unpaid, provided that
the City reserves the right and power to reduce the levies in the manner and to the extent
permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
18. General Obligation Pledge. For the prompt and full payment of the
principal and interest on the Bonds, as the same respectively become due, the full faith, credit
and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the
Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds
and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other
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funds of the City which are available for such purpose, and such other funds may be reimbursed
with or without interest from the Debt Service Account when a sufficient balance is available
therein.
19. Certificate of Registration and Tax Levy. The Clerk is hereby directed to
file a certified copy of this resolution with the County Auditors of Dakota and Washington
Counties, Minnesota, together with such other information as they shall require, and to obtain the
County Auditors' certificates that the Bonds have been entered in the County Auditors' Bond
Registers, and the tax levies authorized by law have been made.
20. Records and Bonds. The otllcers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certifIed copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
21. Defeasance. When all Bonds have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the registered
holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its
obligations with respect to any Bonds which are due on any date by irrevocably depositing with
the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if
any Bond should not be paid when due, it may nevertheless be discharged by depositing with the
Bond Registrar a sum sutllcient for the payment thereof in full with interest accrued to the date
of such deposit. The City may also discharge its obligations with respect to any prepayable
Bonds called for redemption on any date when they are prepayable according to their terms, by
depositing with the Bond Registrar on or before that date a sum sufficient for the payment
thereof in full, provided that notice of redemption thereof has been duly given. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, subject
to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of
redemption as herein required has been duly provided for, to such earlier redemption date.
22. Negative Covenant as to Use of Proceeds and Improvements. The City
hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
23. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation
1952051vl
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(1) requirements relating to temporary periods for investments, (2) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment
earnings to the United States. The Issuer expects to satisfy the two year expenditure exemption
for gross proceeds of the Bonds as provided in Section 1.148-7(e) of the Reb'Ulations.
24. Designation ofOualified Tax-Exempt Obligations: Issuance Limit. In
order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section
265(b )(3) of the Code, the City hereby makes the following factual statements and
representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt
obligations" for purposes of Section 265(b )(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds)
which will be issued by the City (and all entities treated as one issuer with the City, and all
subordinate entities whose obligations are treated as issued by the City) during this calendar year
2006 will not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this
calendar year 2006 have been designated for purposes of Section 265(b )(3) of the Code.
25. Compliance with Reimbursement Bond Regulations. The provisions of
this paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" ofthe Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement
Expenditure, the City (or person designated to do so on behalf of the City) has made or
will have made a written declaration of the City's official intent (a "Declaration") which
effectively (i) states the City's reasonable expectation to reimburse itself for the payment
of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii)
gives a general and functional description of the property, project or program to which
the Declaration relates and for which the Reimbursement Expenditure is paid, or
identifies a specific fund or account ofthe City and the general functional purpose thereof
from which the Reimbursement Expenditure was to be paid (collectively the "Project");
and (iii) states the maximum principal amount of debt expected to be issued by the City
for the purpose of financing the Project; provided, however, that no such Declaration
shall necessarily have been made with respect to: (i) "preliminary expenditures" for the
1952051v1
20
Project, defined in the Reimbursement Regulations to include engineering or
architectural, surveying and soil testing expenses and similar prefatory costs, which in the
aggregate do not exceed 20% of the "issue price" ofthe Bonds, and (ii) a de minimis
amount of Reimbursement Expenditures not in excess of the lesser of$100,000 or 5% of
the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of
issuance of the Bonds or any of the other types of expenditures described in Section
1.150-2(d)(3) of the Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement
Regulations for each Reimbursement Expenditure shall and will be made forthwith
following (but not prior to) the issuance of the Bonds and in all events within the period
ending on the date which is the later of three years after payment of the Reimbursement
Expenditure or one year after the date on which the Project to which the Reimbursement
Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that
evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure
and, if made within 30 days after the Bonds are issued, shall be treated as made on the
day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph 25 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect
that such action will not impair the tax-exempt status ofthe Bonds.
26. Continuing Disclosure.
(a) The City is the sole obligated person with respect to the Bonds. The City
hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant
to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure
Undertaking (the "Undertaking") hereinafter described to:
(I) Provide or cause to be provided, in a timely manner, to (i) each
nationally recognized municipal securities information repository ("NRMSIR") or
to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the state
information depository (the "SID"), if any, notice of the occurrence of certain
material events with respect to the Bonds in accordance with the Undertaking.
(2) The City agrees that its covenants pursuant to the Rule set forth in
this paragraph and in the Undertaking are intended to be for the benefit of the
holders and any other beneficial owners of the Bonds and shall be enforceable on
behalf of such holders and beneficial owners; provided that the right to enforce
the provisions of these covenants shall be limited to a right to obtain specific
enforcement of the City's obligations under the covenants.
1952051vl
21
(b) The Mayor and Clerk of the City, or any other officer of the City
authorized to act in their place, (the "Officers") are hereby authorized and directed to
execute on behalf of the City the Undertaking in substantially the form presented to the
Council, subject to such modifications thereof or additions thereto as are (i) consistent
with the requirements under the Rule, (ii) required by the purchaser ofthe Bonds and (iii)
acceptable to the Officers.
27. Severability. If any section, paragraph or provision of this resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unentorceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this resolution.
28. Headings. Headings in this resolution are included for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of any
provision hereof.
The motion for the adoption ofthe foregoing resolution was duly seconded by
member and, after a full discussion thereof and upon a vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
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STATE OF MINNESOTA
COUNTIES OF DAKor A AND W ASHINGrON
CITY OF HASTINGS
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Hastings, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on tile in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council of said City, duly called
and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance
of$I,975,000 General Obligation Improvement Bonds, Series 2006A of said City.
WITNESS my hand this ~ day of
,2006.
City Clerk
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
HASTINGS, MINNESOTA
HELD: November 20, 2006
Pursuant to due call and notice thereof: a regular meeting of the City Council of
the City of Hastings, Dakota and Washington Counties, Minnesota, was duly called and held at
the City Hall in said City on Monday, the 20th day of November, 2006, at 7:00 P.M., for the
purpose of awarding the sale of, $395,000 General Obligation Equipment Certificates of
Indebtedness, Series 2006C of the City.
The following members were present:
and the following were absent:
introduced the following resolution and moved
Member
its adoption.
RESOLUTION ACCEPTING PROPOSAL ON SALE OF
$395,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES OF INDEBTEDNESS, SERIES 2006C
PROVIDING FOR THEIR ISSUANCE AND LEVYING
A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Hastings, Minnesota (the
"City") has heretofore determined and declared that it is necessary and expedient to issue
$395,000 General Obligation Equipment Certificates ofIndebtedness, Series 2006C of the City,
pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance
the acquisition of equipment for City purposes (the "Equipment"); and
B. WHEREAS, each piece of equipment to be financed by the Certificates
has an expected useful life at least as long as the term of the Certificates; and
C. WHEREAS, the principal amount of the Certificates does not exceed
0.25% of the market value ofthe City; and
D. WHEREAS, proposals to purchase the Certificates were solicited on
behalf of the City by Springsted Incorporated in Saint Paul, Minnesota, as its independent
financial advisor; and
E. WHEREAS, it is in the best interests of the City that the Certificates be
issued in book-entry form as hereinafter provided.
F. WHEREAS, the following proposals were received, opened and recorded
at the offices ofSpringsted Incorporated at 12:00 Noon this same day:
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Bidder
Interest Rate
Net Interest Cost
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hastings, Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase
$395,000 General Obligation Equipment Certificates of Indebtedness, Series 2006C of the City
(the "Certificates", or individually a "Certificate"), in accordance with the terms of proposal at
the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Certificates are hereby awarded to said
purchaser. The Finance Director is directed to retain the deposit of said purchaser and to
forthwith return to the others making proposals their good faith checks or drafts.
2. Terms of Certificates.
(a) Title; Original Issue Date; Denominations; Maturities. The Certificates
shall be titled "General Obligation Equipment Certificates ofIndebtedness, Series 2006C", shall
be dated December 1, 2006, as the date of original issue and shall be issued forthwith on or after
such date as fully registered certificates. The Certificates shall be numbered from R-1 upward in
the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The
Certificates shall mature, without option of prepayment, on February 1 in the years and amounts
as follows:
Year Amount
2009 $95,000
2010 95,000
2011 100,000
2012 105,000
(b) Book Entry Onlv Svstem. The Depository Trust Company, a limited
purpose trust company organized under the laws of the State of New York or any of its
successors or its successors to its functions hereunder (the "Depository") will act as securities
depository for the Certificates, and to this end:
(i) The Certificates shall be initially issued and, so long as they
remain in book entry form only (the "Book Entry Only Period"), shall at all times
be in the form of a separate single fully registered Certificate for each maturity of
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the Certificates; and for purposes of complying with this requirement under
paragraph 10 (with respect to registration, transfer, exchange) Authorized
Denominations for any Certificate shall be deemed to be limited during the Book
Entry Only Period to the outstanding principal amount ofthat Certificate.
(ii) Upon initial issuance, ownership of the Certificates shall be
registered in a register maintained by U.S. Bank National Association, in Saint
Paul, Minnesota (the "Registrar") in the name of CEDE & CO., as the nominee (it
or any nominee of the existing or a successor Depository, the "Nominee").
(iii) With respect to the Certificates neither the City nor the Registrar
shall have any responsibility or obligation to any broker, dealer, bank, or any
other financial institution for which the Depository holds Certificates as securities
depository (the "Participant") or the person for which a Participant holds an
interest in the Certificates shown on the books and records of the Participant (the
"Beneficial Owner"). Without limiting the immediately preceding sentence,
neither the City, nor the Registrar, shall have any such responsibility or obligation
with respect to (A) the accuracy of the records of the Depository, the Nominee or
any Participant with respect to any ownership interest in the Certificates, or (B)
the delivery to any Participant, any Owner or any other person, other than the
Depository, of any notice with respect to the Certificates, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any
other person, other than the Depository, of any amount with respect to the
principal of or premium, if any, or interest on the Certificates, or (D) the consent
given or other action taken by the Depository as the Registered Holder of any
Certificates (the "Holder"). For purposes of securing the vote or consent of any
Holder under this Resolution, the City may, however, rely upon an omnibus proxy
under which the Depository assigns its consenting or voting rights to certain
Participants to whose accounts the Certificates are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Registrar may treat as and deem the Depository to
be the absolute owner of the Certificates for the purpose of payment of the
principal of and premium, if any, and interest on the Certificates, for the purpose
of giving notices of redemption and other matters with respect to the Certificates,
for the purpose of obtaining any consent or other action to be taken by Holders for
the purpose of registering transfers with respect to such Certificates, and for all
purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all
principal of and premium, if any, and interest on the Certificates only to the
Holder or the Holders of the Certificates as shown on the register, and all such
payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on
the Certificates to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Registrar of written notice
to the effect that the Depository has determined to substitute a new Nominee in
place ofthe existing Nominee, and subject to the transfer provisions in paragraph
3
11 hereof (with respect to registration, transfer, exchange), references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Certificate is registered in the name of a Nominee,
all payments with respect to the principal of and premium, if any, and interest on
such Certificate and all notices with respect to such Certificate shall be made and
given, respectively, by the Registrar or City, as the case may be, to the Depository
as provided in the Letter of Representations to the Depository required by the
Depository as a condition to its acting as book-entry Depository for the
Certificates (said Letter of Representations, together with any replacement thereof
or amendment or substitute thereto, including any standard procedures or policies
referenced therein or applicable thereto respecting the procedures and other
matters relating to the Depository's role as book-entry Depository for the
Certificates, collectively hereinafter referred to as the "Letter of
Representations ").
(vii) All transfers of beneficial ownership interests in each Certificate
issued in book-entry form shall be limited in principal amount to Authorized
Denominations and shall be effected by procedures by the Depository with the
Participants for recording and transferring the ownership of beneficial interests in
such Certificates.
(viii) In connection with any notice or other communication to be
provided to the Holders pursuant to this Resolution by the City or Registrar with
respect to any consent or other action to be taken by Holders, the Depository shall
consider the date of receipt of notice requesting such consent or other action as
the record date for such consent or other action; provided, that the City or the
Registrar may establish a special record date for such consent or other action.
The City or the Registrar shall, to the extent possible, give the Depository notice
of such special record date not less than 15 calendar days in advance of such
special record date to the extent possible.
(ix) Any successor Registrar in its written acceptance of its duties
under this Resolution and any paying agency/registrar agreement, shall agree to
take any actions necessary from time to time to comply with the requirements of
the Letter of Representations.
(c) Termination of Book-Entrv Onlv System. Discontinuance of a particular
Depository's services and termination ofthe book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its
services with respect to the Certificates at any time by giving written notice to the
City and discharging its responsibilities with respect thereto under applicable law.
The City may terminate the services of the Depository with respect to the
Certificate if it determines that the Depository is no longer able to carry out its
functions as securities depository or the continuation of the system of book-entry
1953640vl
4
transfers through the Depository is not in the best interests of the City or the
Beneficial Owners.
(ii) Upon termination ofthe services of the Depository as provided in
the preceding paragraph, and if no substitute securities depository can be found
which, in the opinion of the City, is willing and able to assume such functions
upon reasonable or customary terms, or if the City determines that it is in the best
interests ofthe City or the Beneficial Owners of the Certificate that the Beneficial
Owners be able to obtain certificates for the Certificates, the Certificates shall no
longer be registered in the register in the name of the Nominee, but may be
registered in whatever name or names the Holder of the Certificates shall
designate at that time, in accordance with paragraph 10 hereof (with respect to
registration, transfer, exchange). To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10
hereof (with respect to registration, transfer, exchange), the Certificates will be
delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the
provisions of paragraph 10 hereof (with respect to registration, transfer,
exchange).
(d) Letter of Representations. The provisions in the Letter of Representations
are incorporated herein by reference and made a part of the resolution, and if and to the extent
any such provisions are inconsistent with the other provisions of this resolution, the provisions in
the Letter of Representations shall control.
3. Purpose. The Certificates shall provide funds to finance the purchase of
various items of capital equipment (the "Equipment"). The total cost of the Equipment, which
shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at
least equal to the amount of the Certificates.
4. Interest. The Certificates shall bear interest payable semiannually on
February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August
1,2007, calculated on the basis of a 360-day year of twelve 30-day months, at the respective
rates per annum set forth opposite the maturity years as follows:
Maturity
Year
Interest
Rate
2009
2010
2011
2012
%
5. No Redemption. The Certificates shall not be subject to redemption and
prepayment prior to their maturity.
1953640vl
5
6. Registrar. U.S. Bank National Association, in Saint Paul, Minnesota, is
appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"),
and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any
contract the City and Registrar shall execute which is consistent herewith. The Registrar shall
also serve as paying agent unless and until a successor paying agent is duly appointed. Principal
and interest on the Certificates shall be paid to the registered holders (or record holders) of the
Certificates in the manner set forth in the form of Certificate and paragraph 12 of this resolution
(with respect to interest payment and record date).
7. Form of Certificate. The Certificates, together with the Registrar's
Certificate of Authentication, the form of Assignment and the registration information thereon,
shall be in substantially the following form:
1 953640v1
6
UNITED STATES OF AMERICA
STATE OF MINNESOTA
DAKOTA AND WASHINGTON COUNTIES
CITY OF HASTINGS
R-
$
GENERAL OBLIGATION EQUIPMENT
CERTIFICATE OF INDEBTEDNESS,
SERIES 2006C
INTEREST RATE
MA TURITY DATE
DATE OF
ORIGINAL ISSUE
CUSIP
December I, 2006
REGISTERED OWNER:
CEDE & CO.
PRINCIP AL AMOUNT:
DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that the City of Hastings,
Dakota and Washington Counties, Minnesota (the "Issuer"), certifies that it is indebted and for
value received promises to pay to the registered owner specified above, or registered assigns,
without option of prepayment, in the manner hereinafter set forth, the principal amount specified
above, on the maturity date specified above, and to pay interest thereon semiannually on
February I and August I of each year (each, an "Interest Payment Date"), commencing August
I, 2007, at the rate per annum specified above (calculated on the basis of a 360-day year of
twelve 30-day months) until the principal sum is paid or has been provided for. This Certificate
will bear interest from the most recent Interest Payment Date to which interest has been paid or,
if no interest has been paid, from the date of original issue hereof. The principal of and
premium, if any, on this Certificate are payable upon presentation and surrender hereof at the
principal office of U.S. Bank National Association, in Saint Paul, Minnesota (the "Registrar"),
acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on
this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person
in whose name this Certificate is registered (the "Holder") on the registration books of the Issuer
maintained by the Registrar and at the address appearing thereon at the close of business on the
fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular
Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the
Holder hereof as of the Regular Record Date, and shall be payable to the person who is the
Holder hereof at the close of business on a date (the "Special Record Date") fixed by the
Registrar whenever money becomes available for payment ofthe defaulted interest. Notice of
the Special Record Date shall be given to Holders not less than ten days prior to the Special
Record Date. The principal of and premium, if any, and interest on this Certificate are payable in
lawful money of the United States of America. So long as this Certificate is registered in the
name of the Depository or its Nominee as provided in the Resolution hereinafter described, and
as those terms are defined therein, payment of principal of, premium, if any, and interest on this
Certificate and notice with respect thereto shall be made as provided in the Letter of
1953640vl
7
Representations, as defined in the Resolution, and surrender of this Certificate shall not be
required for payment of the redemption price upon a partial redemption of this Certificate. Until
termination ofthe book-entry only system pursuant to the Resolution, Certificates may only be
registered in the name ofthe Depository or its Nominee.
No Redemption. The Certificates are not subject to redemption and prepayment
prior to their maturity.
Issuance; Purpose; General Obligation. This Certificate is one of an issue in the
total principal amount of $395,000, all of like date of original issue and tenor, except as to
number, maturity, interest rate and denomination, which Certificate has been issued pursuant to
and in full conformity with the Constitution, Charter of the Issuer and laws of the State of
Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on November
20,2006 (the "Resolution"), for the purpose of providing money to finance the purchase of
capital equipment for the City. This Certificate is payable out of the General Obligation
Equipment Certificates ofIndebtedness, Series 2006C Fund ofthe Issuer. This Certificate
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers ofthe Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Certificates are issuable solely as
fully registered certificates in the denominations of $5,000 and integral multiples thereof of a
single maturity and are exchangeable for fully registered Certificates of other authorized
denominations in equal aggregate principal amounts at the principal office of the Registrar, but
only in the manner and subject to the limitations provided in the Resolution. Reference is hereby
made to the Resolution for a description ofthe rights and duties of the Registrar. Copies of the
Resolution are on file in the principal office of the Registrar.
Transfer. This Certificate is transferable by the Holder in person or by his, her or
its attorney duly authorized in writing at the principal office ofthe Registrar upon presentation
and surrender hereof to the Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the
Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in
exchange for this Certificate, one or more new fully registered Certificates in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an authorized
denomination or denominations, in aggregate principal amount equal to the principal amount of
this Certificate, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Certificate and any legal or unusual costs regarding transfers and lost
Certificates.
Treatment of Registered Owners. The Issuer and Registrar may treat the person
in whose name this Certificate is registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided above with respect to the Record
I 953640vl
8
Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the
Issuer nor the Registrar shall be affected by notice to the contrary.
Authentication. This Certificate shall not be valid or become obligatory for any
purpose or be entitled to any security unless the Certificate of Authentication hereon shall have
been executed by the Registrar.
OualifIed Tax-Exempt Obligation. This Certificate has been designated by the
Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal
Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution, laws of the State of Minnesota and Charter of the Issuer to be done,
to happen and to be performed, precedent to and in the issuance of this Certificate, have been
done, have happened and have been performed, in regular and due form, time and manner as
required by law, and that this Certificate, together with all other debts of the Issuer outstanding
on the date of original issue hereof and the date of its issuance and delivery to the original
purchaser, does not exceed any constitutional, statutory or Charter limitation of indebtedness.
IN WITNESS WHEREOF, the City of Hastings, Dakota and Washington
Counties, Minnesota, by its City Council has caused this Certificate to be executed on its behalf
by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having
been intentionally omitted as permitted by law.
1 953640v1
9
Date of Registration:
Registrable by: U.S. Bank National Association
Saint Paul, Minnesota
Payable at: U.S. Bank National Association
Saint Paul, Minnesota
REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Certificate is one of the
Certificates described in the
Resolution mentioned
within.
CITY OF HASTINGS
DAKOTA AND WASHINGTON COUNTIES,
MINNESOTA
/s/ Facsimile
Mayor
U.S. Bank National Association
Saint Paul, Minnesota
Registrar
/s/ Facsimile
Clerk
By
Authorized Signature
1953640vl
10
ABBREVIA nONS
The following abbreviations, when used in the inscription on the face of this Certificate,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust)
under the
(State)
Transfers to Minors Act
(Minor)
Uniform
Additional abbreviations may also be used
though not in the above list.
1953640vl
II
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within
Certificate and does hereby irrevocably constitute and appoint attorney to
transfer the Certificate on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Certificate in every particular,
without alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Registrar will not effect transfer of this Certificate unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners
if the Certificate is held by joint account.)
1953640vl
12
8. Execution; Temporarv Certificates. The Certificates shall be printed (or,
at the request of the Purchaser, typewritten), shall be executed on behalf of the City by the
signatures of its Mayor and Clerk and be sealed with the seal ofthe City; provided, however, that
the seal of the City may be a printed (or at the request of the Purchaser, photocopied) facsimile;
and provided further that both of such signatures may be printed (or, at the request of the
Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as
permitted by law. In the event of disability or resignation or other absence of either such officer,
the Certificates may be signed by the manual or facsimile signature of that officer who may act
on behalf of such absent or disabled officer. In case either such officer whose signature or
facsimile of whose signature shall appear on the Certificates shall cease to be such officer before
the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and
sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The
City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten
temporary certificates in substantially the form set forth above, with such changes as may be
necessary to reflect more than one maturity in a single temporary certificate. The temporary
certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk.
Such temporary certificates shall, upon the printing of the definitive certificates and the
execution thereof, be exchanged therefor and canceled.
9. Authentication. No Certificate shall be valid or obligatory for any purpose
or be entitled to any security or benefit under this resolution unless a Certificate of
Authentication on such Certificate, substantially in the form hereinabove set forth, shall have
been duly executed by an authorized representative of the Registrar. Certificates of
Authentication on different Certificates need not be signed by the same person. The Registrar
shall authenticate the signatures of officers of the City on each Certificate by execution of the
Certificate of Authentication on the Certificate and by inserting as the date of registration in the
space provided the date on which the Certificate is authenticated, except that for purposes of
delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of
registration the date of original issue, which date is December 1, 2006. The Certificate of
Authentication so executed on each Certificate shall be conclusive evidence that it has been
authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the
principal office of the Registrar a certificate register in which, subject to such reasonable
regulations as the Registrar may prescribe, the Registrar shall provide for the registration of
Certificates and the registration of transfers of Certificates entitled to be registered or transferred
as herein provided.
Upon surrender for transfer of any Certificate at the principal office of the
Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the
date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in
the name of the designated transferee or transferees, one or more new Certificates of any
authorized denomination or denominations of a like aggregate principal amount, having the same
stated maturity and interest rate, as requested by the transferor; provided, however, that no
Certificate may be registered in blank or in the name of "bearer" or similar designation.
1953640vl
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At the option of the Holder, Certificates may be exchanged for Certificates of any
authorized denomination or denominations of a like aggregate principal amount and stated
maturity, upon surrender ofthe Certificates to be exchanged at the principal office of the
Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if
necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the
Certificates which the Holder making the exchange is entitled to receive.
All Certificates surrendered upon any exchange or transfer provided for in this
resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by
the City.
All Certificates delivered in exchange for or upon transfer of Certificates shall be
valid general obligations ofthe City evidencing the same debt, and entitled to the same benefits
under this resolution, as the Certificates surrendered for such exchange or transfer.
Every Certificate presented or surrendered for transfer or exchange shall be duly
endorsed or be accompanied by a written instrument oftransfer, in form satisfactory to the
Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in
writing.
The Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Certificate and
any legal or unusual costs regarding transfers and lost Certificates.
Transfers shall also be subject to reasonable regulations of the City contained in
any agreement with the Registrar, including regulations which permit the Registrar to close its
transfer books between record dates and payment dates. The Clerk is hereby authorized to
negotiate and execute the terms of said af,Yfeement.
11. Rights Upon Transfer or Exchange. Each Certificate delivered upon
transfer of or in exchange for or in lieu of any other Certificate shall carryall the rights to
interest accrued and unpaid, and to accrue, which were carried by such other Certificate.
12. Interest Payment Record Date. Interest on any Certificate shall be paid
on each Interest Payment Date by check or draft mailed to the person in whose name the
Certificate is registered (the "Holder") on the registration books of the City maintained by the
Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day
of the calendar month next preceding such Interest Payment Date (the "Regular Record Date").
Any such interest not so timely paid shall cease to be payable to the person who is the Holder
thereof as of the Regular Record Date, and shall be payable to the person who is the Holder
thereof at the close of business on a date (the "Special Record Date") fixed by the Registrar
whenever money becomes available for payment of the defaulted interest. Notice of the Special
Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the
Special Record Date.
13. Treatment of Registered Owner. The City and Registrar may treat the
person in whose name any Certificate is registered as the owner of such Certificate for the
purpose of receiving payment of principal of and premium, if any, and interest (subject to the
I 953640vl
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payment provisions in paragraph 12 above with respect to interest payment and record date) on
such Certificate and for all other purposes whatsoever whether or not such Certificate shall be
overdue, and neither the City nor the Registrar shall be affected by notice to the contrary.
14. De1iverv: Application of Proceeds. The Certificates when so prepared and
executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase
price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There is hereby created a special fund to be
designated the "General Obligation Equipment Certificates ofIndebtedness, Series 2006C Fund"
(the "Fund") to be administered and maintained by the Finance Director as a bookkeeping
account separate and apart from all other funds maintained in the official financial records of the
City. The Fund shall be maintained in the manner herein specified until all of the Certificates
and the interest thereon have been fully paid. There shall be maintained in the Fund two (2)
separate accounts, to be designated the "Capital Account" and "Debt Service Account",
respectively.
(i) Capital Account. To the Capital Account there shall be credited
the proceeds ofthe sale ofthe Certificates, less accrued interest received thereon,
and less any amount paid for the Certificates in excess of$388,285. From the
Capital Account there shall be paid all costs and expenses of acquiring and
installing the equipment, including all costs incurred and to be incurred of the
kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said
account shall be used for no other purpose except as otherwise provided by law;
provided that the proceeds of the Certificates may also be used to the extent
necessary to pay interest on the Certificates due prior to the anticipated date of
commencement of the collection of taxes herein levied.
(ii) Debt Service Account. There are hereby irrevocably appropriated
and pledged to, and there shall be credited to, the Debt Service Account: (a) all
accrued interest received upon delivery of the Certificates; (b) all funds paid for
the Certificates in excess of$388,285; (c) any collections of all taxes herein or
hereafter levied for the payment of the Certificates and interest thereon; (d) all
funds remaining in the Capital Account after the payment of all costs of acquiring
and installing the Equipment; (e) all investment earnings on funds held in the
Debt Service Account; and (f) any and all other moneys which are properly
available and are appropriated by the governing body of the City to the Debt
Service Account. The Debt Service Account shall be used solely to pay the
principal and interest of the Certificates and any other general obligation
certificates of the City hereafter issued by the City and made payable from said
account as provided by law.
No portion ofthe proceeds of the Certificates shall be used directly or
indirectly to acquire higher yielding investments or to replace funds which were
used directly or indirectly to acquire higher yielding investments, except (1) for a
reasonable temporary period until such proceeds are needed for the purpose for
which the Certificates were issued and (2) in addition to the above in an amount
1953640v1
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not greater than the lesser of five percent (5%) of the proceeds of the Certificates
or $100,000. To this effect, any proceeds of the Certificates and any sums from
time to time held in the Capital Account or Debt Service Account (or any other
City account which will be used to pay principal or interest to become due on the
certificates payable therefrom) in excess of amounts which under then-applicable
federal arbitrage regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by said
arbitrage regulations on such investments after taking into account any applicable
"temporary periods" or "minor portion" made available under the federal arbitrage
regulations. Money in the Fund shall not be invested in obligations or deposits
issued by, guaranteed by or insured by the United States or any agency or
instrumentality thereof if and to the extent that such investment would cause the
Certificates to be "federally guaranteed" within the meaning of Section 149(b) of
the Internal Revenue Code of 1986, as amended (the "Code").
16. Tax Levv; Coverage Test. To provide moneys for payment of the
principal and interest on the Certificates there is hereby levied upon all ofthe taxable property in
the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected
with and as part of other general property taxes in the City for the years and in the amounts as
follows:
Year of Tax
Levv
2007
2008
2009
2010
Year of Tax
Collection Amount
2008 $
2009
2010
2011
The tax levies are such that if collected in full they, together with other revenues
herein pledged for the payment of the Certificates, will produce at least five percent (5%) in
excess of the amount needed to meet when due the principal and interest payments on the
Certificates. The tax levies shall be irrepealable so long as any of the Certificates are
outstanding and unpaid, provided that the City reserves the right and power to reduce the levies
in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
17. Defeasance. When all Certificates have been discharged as provided in
this paragraph, all pledges, covenants and other rights granted by this resolution to the registered
holders of the Certificates shall cease. The City may discharge its obligations with respect to any
Certificates which are due on any date by irrevocably depositing with the Registrar on or before
that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid
when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued to the date of such deposit. The City may also
at any time discharge its obligations with respect to any Certificates, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
1 953640v1
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payable at such times and at such rates and maturing on such dates as shall be required, subject
to sale and/or reinvestment, to pay all amounts to become due thereon to maturity.
18. General Obligation Pledge. For the prompt and full payment of the
principal and interest on the Certificates, as the same respectively become due, the full faith,
credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance
in the Debt Service Account is ever insufficient to pay all principal and interest then due on the
Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid
out of any other funds of the City which are available for such purpose, and such other funds
may be reimbursed with or without interest from the Debt Service Account when a sufficient
balance is available therein.
19. Certificate of Registration. The Clerk is hereby directed to file a certified
copy of this resolution with the County Auditors of Dakota and Washington Counties,
Minnesota, together with such other information as he or she shall require, and to obtain the
County Auditors' certificates that the Certificates have been entered in the County Auditors'
Registers, and that the tax levies required by law have been made.
20. Records and Certificates. The officers of the City are hereby authorized
and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality
of the issuance of the Certificates, certified copies of all proceedings and records of the City
relating to the Certificates and to the financial condition and affairs of the City, and such other
affidavits, certificates and information as are required to show the facts relating to the legality
and marketability of the Certificates as the same appear from the books and records under their
custody and control or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the City as to
the facts recited therein.
21. Compliance with Reimbursement Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Certificates, being those portions thereof which will be used by
the City to reimburse itself for any expenditure which the City paid or will have paid prior to the
Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than sixty (60) days after the date of payment of a
Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has
made or will have made a written declaration ofthe City's official intent (a "Declaration") which
effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the
Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general
and functional description of the property, project or program to which the Declaration relates
and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of
the City and the general functional purpose thereof from which the Reimbursement Expenditure
was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt
expected to be issued by the City for the purpose of financing the Project; provided, however,
1 953640v 1
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that no such Declaration shall necessarily have been made with respect to: (i) "preliminary
expenditures" for the Project, defined in the Reimbursement Regulations to include engineering
or architectural, surveying and soil testing expenses and similar prefatory costs, which in the
aggregate do not exceed 20% of the "issue price" ofthe Certificates, and (ii) a de minimis
amount of Reimbursement Expenditures not in excess of the lesser of $1 00,000 or 5% of the
proceeds of the Certificates.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of
issuance of the Certificates or any of the other types of expenditures described in Section 1.150-
2(d)(3) of the Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement
Regulations for each Reimbursement Expenditure shall and will be made forthwith following
(but not prior to) the issuance of the Certificates and in all events within the period ending on the
date which is the later of three years after payment of the Reimbursement Expenditure or one
year after the date on which the Project to which the Reimbursement Expenditure relates is first
placed in service.
(d) Each such reimbursement allocation will be made in a writing that
evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure
and, if made within thirty (30) days after the Certificates are issued, shall be treated as made on
the day the Certificates are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph 21 upon receipt of an opinion of its Bond Counsel for the Certificates stating in
effect that such action will not impair the tax-exempt status of the Certificates.
22. Negative Covenant as to Use of Proceeds and Equipment. The City
hereby covenants not to use the proceeds of the Certificates or the Equipment or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
23. Tax-Exempt Status of the Certificates; Rebate. The City shall comply
with requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Certificates, including without
limitation (1) requirements relating to temporary periods for investments, (2) limitations on
amounts invested at a yield greater than the yield on the Certificates, and (3) the rebate of excess
investment earnings to the United States.
24. Continuing Disclosure.
(a) The City is the sole obligated person with respect to the Certificates. The
City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated
by the Securities and Exchange Commission (the "Commission") pursuant to the Securities
Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
1953640vl
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(1) provide or cause to be provided to each nationally recognized
municipal securities information repository ("NRMSIR") and to the appropriate
state information depository ("SID"), if any, for the State of Minnesota, in each
case as designated by the Commission in accordance with the Rule, certain annual
financial information and operating data in accordance with the Undertaking.
(2) Provide or cause to be provided, in a timely manner, to (i) each
NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the
SID, notice of the occurrence of certain material events with respect to the
Certificates in accordance with the Undertaking.
(3) Provide or cause to be provided, in a timely manner, to (i) each
NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the Issuer to
provide the annual financial information with respect to the Issuer described in the
Undertaking.
(4) The City agrees that its covenants pursuant to the Rule set forth in
this paragraph and in the Undertaking are intended to be for the benefit of the
holders and any other beneficial owners of the Certificates and shall be
enforceable on behalf of such holders and beneficial owners; provided that the
right to enforce the provisions of these covenants shall be limited to a right to
obtain specific enforcement of the City's obligations under the covenants.
(b) The Mayor and Clerk of the City, or any other officer of the City
authorized to act in their place, (the "Officers") are hereby authorized and directed to execute on
behalf of the City the Undertaking in substantially the form presented to the City Council,
subject to such modifications thereof or additions thereto as are (i) consistent with the
requirements under the Rule, (ii) required by the purchaser ofthe Certificates and (iii) acceptable
to the Officers.
25. Designation ofOualified Tax-Exempt Obligations; Issuance Limit. In
order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of
Section 265(b )(3) of the Code, the City hereby makes the following factual statements and
representations:
(a) the Certificates are issued after August 7,1986;
(b) the Certificates are not "private activity bonds" as defined in Section 141
of the Code;
(c) the City hereby designates the Certificates as "qualified tax-exempt
obligations" for purposes of Section 265(b )(3) of the Code;
(d) the reasonably anticipated amount oftax-exempt obligations (other than
private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds)
which will be issued by the City (and all entities treated as one issuer with the City, and all
subordinate entities whose obligations are treated as issued by the City) during this calendar year
2006 will not exceed $10,000,000; and
1953640vl
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(e) not more than $10,000,000 of obligations issued by the City during this
calendar year 2006 have been designated for purposes of Section 265(b )(3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
26. Severabilitv. If any section, paragraph or provision of this resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this resolution.
27. Headings. Headings in this resolution are included for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of any
provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by
Member and, after a full discussion thereof and upon vote being
taken thereon, the following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
1953640vl
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STATE OF MINNESOTA
COUNTIES OF DAKOTA AND WASHINGTON
CITY OF HASTINGS
I, the undersigned, being the duly qualified and acting Clerk of the City of
Hastings, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript ofthe minutes of a meeting ofthe City Council of said City, duly called
and held on the date therein indicated, insofar as such minutes relate to considering proposals for
and authorizing the issuance of, $395,000 General Obligation Equipment Certificates of
Indebtedness, Series 2006C of said City.
WITNESS my hand this _ day of
,2006.
Clerk
1953640vl
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VII-Z
MEMO
To:
From:
Date:
Re:
Honorab]e Mayor and City Council
Tom Montgomery
November ]4, 2006
Public Hearing - 2005 Improvement Program Assessments
The Public Hearing for the 2005 Improvement Program Assessments will include
the following projects:
. 2005-1 Dakota Hills Area - Westview Drive from ]5th to Southview Drive,
]6th to 23td Streets between Westview Drive and Pleasant Drive, Hilltop
Lane and Valley Lane.
. 2005-2 Zweber Lane and Oak Ridge Drive
. 2005-3, South Frontage Road - from Lyn Way to Bah]s Drive and from
Westview Drive to Pleasant Drive.
ASSESSMENT POLICY
Under the City's assessment policy, assessments are based on the benefit received
from the improvement and not on the cost to construct the improvement. Benefit is
defined as the increase in property value directly attributable to improvement constructed.
The policy assesses properties based on 90% of estimated benefit received from the
improvements and reduces the assessment to the long side of a comer lot to 25% of the
estimated benefit front foot cost.
Project 2005-3, South Frontage Road is a Municipal State Aid route, and the
assessment policy calls for assessing 25% of the estimated construction cost.
PROJECT 2005-1, DAKOTA HIllS AREA
PROJECT FUNDING SUMMARY
FUNDING SOURCES
Assessments
Wastewater Fund
Water Fund
Bonded Debt
Tota] Project Costs
AMOUNT
$],387,725.77
$]27,376.65
$447,259.88
$764.111.09
$2,726,473.39
IMPROVEMENTS
This project involved the reconstruction of streets in the Dakota Hills area, and
select replacement of water and sanitary sewer utilities. Westview Drive was narrowed
four feet and a trail was constructed on the east side ofWestview Drive. There still
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remains some outstanding dead sod issues that we are continuing to work on with the
Contractor.
ASSESSMENT RATE: $56.25/FF - Unchanged from the April 2005 Feasibility Report
ASSESSMENT ISSUES
Irregular shaped lots on Westview Drive were assessed based on a ratio to typical
lot frontage, as were the cul-de-sac lots on Valley Lane.
PROJECT 2005- 2 ZWEBER LN AND OAK RIDGE DR RECONSTRUCTION
PROJECT FUNDING SUMMARY
FUNDING SOURCES
Assessments
Wastewater Fund
Water Fund
Bonded Debt
Total Project Costs
AMOUNT
$69,074_99
$10,834.80
$57,047.41
$164237.92
$301,195.12
IMPROVEMENTS
This project involved the reconstruction of Zweber Lane and Oak Ridge Drive.
New storm sewer was installed on Zweber Lane and a ponding basin constructed on the
Hastings Country Club property to eliminate a ditch that ran between between two houses
to drain the street. The watermain and sanitary sewer on Oak Ridge Drive was replace
with larger mains that meet City standards.
ASSESSMENT RATE: $56.25/FF - Unchanged from the April 2005 Feasibility Report
ASSESSMENT ISSUES
A number of homes on Zweber Lane face 15th Street and Zweber Lane abuts their
backyards. These dual frontage lots were treated as corner lots with the assessments
based on 25% of their Zweber Lane frontage. Irregular shaped lots were assessed based
on a ratio to typical lot frontage.
PROJECT 2005-3 SOUTH FRONTAGE ROAD
PROJECT FUNDING SUMMARY
FUNDING SOURCES
Assessments
Municipal State Aid Funds
Bonded Debt
Total Project Costs
AMOUNT
$164,277.06
$400,000.00
$26.386.24
$590,663.30
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2
IMPROVEMENTS
This project involved the reconstruction of the South Frontage Road between Lyn
Way and Bahls Drive, and between Westview Drive and Pleasant Drive. The work
involved reconstructing the road surface, only broken sections of the existing concrete
curb and gutter and walk were replaced.
ASSESSMENT RATE: $45.06/FF - l.Inchanged from the July 2005 Feasibility Report
COUNCIL ACTION REOUESTED
Council is requested to approve the enclosed resolutions adopting the proposed
assessments for the 2005 Street and Utility Improvement Programs.
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3
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolution No.
RESOLUTION ADOPTING THE ASSESSMENT FOR THE
2005-1 DAKOTA HILLS AREA STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of
the City of Hastings has met, heard, and passes upon all objections to the proposed
assessments for the improvements of:
2005-1 Dakota Hills Area - Westview Drive from ISth to Southview Drive,
16th to 23rd Streets between Westview Drive and Pleasant Drive, Hilltop Lane
and Valley Lane.
These improvements include street, bituminous trail, sanitary sewer, watermain, utility
services and storm sewer construction.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS:
I. The proposed 200S-1 Dakota Hills Area Improvement Program assessments, a
copy of which is filed with the Hastings Engineering Department, are hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the constructed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of ten (10) years, the first of the installments to be payable on or before the
first Monday in January 2007, and shall bear interest at the rate of S.2S% per
annum from December 20, 2006. To the first installment shall be added interest
on the entire assessment from December 20,2006 until December 31,2007. To
each subsequent installment, when due, shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole or part of the assessment on
such property with interest accrued to the date of the payment to the City Clerk,
except that no interest or Dakota County assessment certification fee shall be
charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and he may, at any time thereafter, pay to the County Treasurer the
entire amount of the assessment remaining unpaid with interest accrued to
December 31 of the year in which such payment is made. Such payment must be
made before December 30, or interest will be charged through December 31 of
the next succeeding year.
4. The clerk shall forthwith, transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the Count, and such
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4
assessments shall be collected and paid over in the same manner as other
municipal taxes.
5. The amount specially assessed is hereby declared to be $1,387,725.77.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 20th
DAY OF NOVEMBER, 2006.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko Lee, Cily Clerk
(Seal)
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5
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolulion No.
RESOLUTION ADOPTING THE ASSESSMENT FOR THE
2005-2 ZWEBER LN AND OAK RIDGE DR STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of
the City of Hastings has met, heard, and passes upon all objections to the proposed
assessments for the improvements of:
2005-2 Zweber Lane and Oak Ridge Drive
These improvements include street, sanitary sewer, watermain, utility services and storm
sewer construction.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS:
I. The proposed 2005-2 Zweber Lane and Oak Ridge Drive Improvement Program
assessments, a copy of which is filed with the Hastings Engineering Department,
are hereby accepted and shall constitute the special assessment against the lands
named therein, and each tract of land therein included is hereby found to be
benefited by the constructed improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of ten (10) years, the first of the installments to be payable on or before the
first Monday in January 2007, and shall bear interest at the rate of 5.25% per
annum from December 20, 2006. To the first installment shall be added interest
on the entire assessment from December 20,2006 until December 31,2007. To
each subsequent installment, when due, shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole or part of the assessment on
such property with interest accrued to the date of the payment to the City Clerk,
except that no interest or Dakota County assessment certification fee shall be
charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and he may, at any time thereafter, pay to the County Treasurer the
entire amount of the assessment remaining unpaid with interest accrued to
December 31 of the year in which such payment is made. Such payment must be
made before December 30, or interest will be charged through December 31 of
the next succeeding year.
4. The clerk shall forthwith, transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the Count, and such
IIEngineering 1-05lengineeringlConslruction
Projecls\2005lAssessmenlslAsmlHearingCouncilMEM02005.doc
6
assessments shall be collected and paid over in the same manner as other
municipal taxes.
6. The amount specially assessed is hereby declared to be $69,074.99.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 20th
DAY OF NOVEMBER, 2006.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
(Seal)
IIEngineering1-05\engineering\Conslruction
Projects\2005IAssessmenlslAsmIHearingCounciIMEM02005.doc
7
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolulion No.
RESOLUTION ADOPTING THE ASSESSMENT FOR THE
2005-3 SOUTH FRONTAGE ROAD STREET IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of
the City of Hastings has met, heard, and passes upon all objections to the proposed
assessments for the improvements of:
2005-3 South Frontage Road - from Lyn Way to Bahls Drive and from
Westview Drive to Pleasant Drive.
These improvements involved street reconstruction.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS:
1. The proposed 2005-3 South Frontage Road Improvement Program assessments, a
copy of which is filed with the Hastings Engineering Department, are hereby
accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by
the constructed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of ten (10) years, the first of the installments to be payable on or before the
first Monday in January 2007, and shall bear interest at the rate of 5.25% per
annum from December 20,2006. To the first installment shall be added interest
on the entire assessment from December 20,2006 until December 31,2007. To
each subsequent installment, when due, shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole or part of the assessment on
such property with interest accrued to the date of the payment to the City Clerk,
except that no interest or Dakota County assessment certification fee shall be
charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and he may, at any time thereafter, pay to the County Treasurer the
entire amount of the assessment remaining unpaid with interest accrued to
December 31 of the year in which such payment is made. Such payment must be
made before December 30, or interest will be charged through December 31 of
the next succeeding year.
4. The clerk shall forthwith, transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the Count, and such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
IIEngineering1-05\engineering\Conslruclion
Projects\2005lAssessmentslAsmtHearingCouncilMEM02005.doc
8
7. The amount specially assessed is hereby declared to be $164,277.06.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 20th
DAY OF NOVEMBER, 2006.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
(Seal)
IIEngineering1-05\engineering\Construction
Projects\2005lAssessmentslAsmtHearingCouncilMEM02005.doc
9
vlI-a
Rezone Request- Habitat for Humanity
City Council Meeting- November 20, 2006
Page 1
Memo
To:
Mayor Werner and City Council
From:
Kari Barker, Associate Planner
Date:
November 20,2006
Subject:
Rezone, Comprehensive Plan Amendment, and Preliminary Plat Review-
#2006-45 -Twin Cities Habitat for Humanity -13XX North Frontage
Road- Lots 1, 2, 3, and 4, Block 1, Pleasant Acres Second Addition
REQUEST
Twin Cities Habitat for Humanity seeks approval for the following items:
1) Hold a public hearing to consider rezoning property from C-1 General Commercial to
R-3 Medium High Density Residence Planned Residential Development (R-3 PRO).
2) Comprehensive Plan Amendment to reguide property from C-Commercial to U-1I1
Urban Residential.
3) Twin Cities Habitat for Humanity seeks Preliminary Plat approval to divide an existing
lot into four single family lots and one outlot.
The site is generally located at 13XX North Frontage Road and consists of 1.62 acres. There
are existing homes to the west of the property and the City of Hastings water tower is to the
east.
The land is currently owned by the City of Hastings and is considered excess as the City does
not need the land.
Site Plan Review for the units is not required because there are not more than two units per
building.
RECOMMENDATION
On October 23, 2006, the Planning Commission voted 6-0 to rezone the property from C-3 to
R-3 and approve the Comprehensive Plan Amendment.
On October 30, 2006, the City Council held the first reading and ordered a public hearing to
consider rezoning .46 acres from C-1 to R-3 as part of Pleasant Acres 2nd Addition.
Rezone Request- Habitat for Humanity
City Council Meeting- November 20, 2006
Page 2
On November 13, 2006, the Planning Commission voted 7-0 to approve the Preliminary Plat
for Pleasant Acres 2nd Addition. There was a letter submitted to the Planning Commission
from the residents of the current Habitat for Humanity Homes. Please see attachments.
Please see attached minutes for further information.
ATTACHMENTS
. Application
. Location Map
. Aerial Map
. Site Plan packet
. Preliminary Plat
. Letter from current Habitat for Humanity homeowners
. Resolution- rezone
. Resolution- comprehensive plan amendment
. Resolution- preliminary plat approval
BACKGROUND INFORMATION
In August 2002, the City Council approved of the Final Plat for Pleasant Acres 1st
Addition. This Final Plat resulted in a subdivision of an existing lot into seven lots and an
outlot between Pleasant Drive and North Frontage Road. Seven single family homes
have since been built on the 1.44 acres in the subdivision.
Comprehensive Plan Classification
The 2020 Comprehensive Plan designates the property as C-Commercial. The proposed use
is not consistent with the plan as the proposed use is U-III, Urban Residential with 9+ units
per acre. Thus, a Comprehensive Plan Amendment will be required.
Zoning Classification
The subject property is zoned C-1 General Commerce. The Planning Commission voted to
support an amendment to change the zoning to R-3 at the October 23, 2006, meeting. The
City Council is scheduled to consider the action on November 20, 2006.
Adjacent Zoning and Land Use
The following land uses abut the property:
Rezone Request- Habitat for Humanity
City Council Meeting- November 20,2006
Page 3
Direction
North
Existina Use
Townhomes
Pleasant Avenue
Zonina CompPIan
R-3 PRD Med. High Density Res. U-III Urb. Res.
9+ units per acre
East
City Water Tower
Retail
C-1 General Commerce
C-1 General Commerce
C-Commercial
C-Commercial
South
South Frontage Road ROW Right of Way
Highway 55
ROW RightofWay
West
Single Family Homes R-3 Med. High Den. PRO
U-III Urb. Res.
9+ units per acre
Existing Condition
The existing site is vacant and open. Topography slopes down from a high point atthe south
side of the property continuing to the existing homes on the west.
Rezone Request
The site is presently zoned C-1 General Commerce. The applicant requests a rezone to
R-3 Medium-High Density Residence Planned Residential Development (R-3 PRD). This
proposal would only rezone the portion of the property west of the roadway. Please note
that the rezone request would not create spot zoning as there is similar zoning to the
north and west of the property.
Per the R-3 PRO, the intent of this zoning is as follows. "The intent... in establishing a
moderate high density residential district is in recognition of the growing demand for rental
housing in Hastings and of the desire to provide multifamily housing upon fairly sizeable
tracts of land, thereby allowing increased 'design flexibility' and a more compatible land
use development pattern."
Planned Residential Developments are designed to encourage variety, sensitivity,
efficiency, and/or for density transfer purposes.
Preliminary Plat Review
The applicant proposes to subdivide Lot 2, Block 1, Hastings Family Housing. This
subdivision would be known as Pleasant Acres Second Addition and consist of 4 lots on
1.62 acres.
Twin Cities Habitat for Humanity is proposing a similar development to Pleasant Acres 1 sl
Addition. The proposal is for four single-family homes each with 1,440 square feet.
Rezone Request- Habitat for Humanity
City Council Meeting- November 20, 2006
Page 4
Access and Circulation
No new public or private streets are proposed. Access to the site will be provided from North
Frontage Road. A private road currently exists off North Frontage Road with each home
having access to this private drive.
As a condition of the Preliminary Plat, Twin Cities Habitat for Humanity will be responsible for
the maintenance on their portion ofthis road. This includes snow maintenance in the winter.
Also as a condition of the Preliminary Plat, there shall be no parking anywhere on the road.
Grading, Drainage, Erosion Control, and Utility Plan
The City's consultant engineer has conducted an initial civil plan review.
The applicant must obtain formal approval of the Grading and Utility Plans by the Public
Works Director as a condition for approval.
Park Land Dedication
The Natural Resources and Recreation Committee met November 14, 2006. Though there
was not a quorum, those present recommended waiving the requirements of the park land
dedication.
Sewer Interceptor Fee
As the City of Hastings owns the property, a recommendation will be made to the City Council
to waive the sewer interceptor fees.
Zoning Setbacks
Zoning Setbacks are acceptable. Setbacks in the R-3 Medium High Density Planned
Residential Development District are not specified. The following setbacks are proposed:
Direction Setback
Front yard 20'
Side 7'-14'
Rear yard 20'
Rezone Request- Habitat for Humanity
City Council Meeting- November 20, 2006
Page 5
The proposed zoning setbacks are similar to other R-3 PRD setbacks in the vicinity.
Pedestrian Access
A concrete sidewalk will be required on the private street. An existing concrete sidewalk is
located on North Frontage Road and will remain.
Landscape Plan
Per the City of Hastings Subdivision Regulation Ordinance, trees are required to be planted
every 50 linear feet of street frontage in a subdivision. Further, one front yard tree is required
per home. The landscaping plan for Twin Cities Habitat meets these requirements.
Signage
Signage has not been indicated on the site plan and will be administratively permitted under a
separate sign permit application. Although sign permit review will take place after site plan
approval, the monument sign is limited to 50 square feet in size and must be no greater than
6 feet high.
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: 13xx Frontaqe Road
Legal Description of Property: Lot 2, Block 1, Hastings Family Housing
Applicant:
Name TC Habitat For Humanity
Address 3001 4th St. SE
Minnenpolis. MN 55414
Phone 617.-331-4090 x672
Fax 617.-331-1540
Email ~hnCl ili prnnnratchnhi tnt. org
Owner (If differtlnt from Ap.plicaOll:
Name Clty of Hastings
Address I U I 4 tn tit. t:
Hastinqs, MN 55033
Phone 651-480-2350
Fax 651-437-7082
Email tmontqomery@ci.hastinqs.mn.
Description of Request (include site plan, survey, and/or plat if applicable):
Reolat of said lot into 4 sinqle family lots and one out lobi
rezone to R-3. and construct 4 houses.
Check applicable box(es):
'If
Final Plat
Minor Sub.
Rezone
Spec. Use
Variance
Annexation
EAW
Prelim Plat
x
x
Site Plan
TOTAL:
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.f.: $1500 (Engineering)
- 5,000 -10,000 s.f.: $2500 ($500 Planning + $2000 Engineering)
- 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering)
- 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering)
Date
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
Rec'd By:
Receipt #
~ D~/~ ( La...J.A-'Lr:t:~~fM
Official Use Only
File #
Fee Paid
4/23/2003
Date Rec'd
App. Complete
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To: Hastings City Council
10 1 East 4th St.
Hastings, MN 55033
Attn: John Hinzman, Planning Director
Re: Concerns over new Habitat Homes Project
First of all we would like to thank TCHFH for building affordable homes where we could
raise our family and secondly we thank the City of Hastings for opening its doors for
low-income families into this community.
The purpose of this letter is to address our concerns over rezoning of a very small lot
adjacent to our property for FOUR new homes. Our intention is not to stand in the way
of blessings to those families who are eagerly waiting for the homes; but we are rather
expressing the fact that building that many homes will add more damage to all
homeowners than benefit. We, the current homeowners are already dealing with many
daily issues. The following is a list of our main concerns and possible resolutions:
a. Parking
b. Very limited space for kids play area (no back yard and front yard)
c. Storage problem Ino space to put sheds for storage; except some of us have a
small garage.
d. Safety issues as we are surrounded with massive retaining wall
e. Critical location known for many accidents at the intersection ofHWY 55 and
Pleasant Dr.
f. Noise from heavy traffic Ijack breaking sign would be nice to have along HWY
551
g. Petty crimes that has become a nuisance for our neighborhood
h. Screening IPlanting more trees and shrubs, particularly between HWY 55 and N
Frontage Rd or on a BLVD
1. Speed limit Ireducing speed limit to 30 or 35 on HWY 55 would be nice as the
area has became residential areal
J. Fear of what will happen to this massive retaining wall
k. Children sign on N frontage Rd to raise awareness of the presence of children in
the area.
We live in Minnesota where four distinctive seasons brings quite a change in life style.
We have to stay indoors for about six to eight months during the winter season so we
need to take advantage and get out to enjoy the summer weather when possible. Our yard
has a very little space for our kids. We have many things like lawn mower, shovels,
gardening tools, kids bikes and so forth that have 'to be put away for the various seasons.
But none of this was included in the planning when our homes were built. We are not
asking for a space to store a boat or great luxuries; these are the basic necessities that help
us day by day. Weare sure the four homes to come will be worse and squeeze us even
more.
We don't want just a house to walk into and go to bed; we want a home where our kids
fully express their imagination; develop their creativity; let out their feelings; tryout their
ever growing muscles, release their energy and above all feel free, safe and happy. That
is a home where our future depends on. That's where our next generation comes from.
That's a kind of home and environment we are asking for our family. Good planning
involves all ofthese. Bad planning brings undesired expenses and stress on the
community.
Out of the above-mentioned problems we did bring some of them to the attention of our
city, but received very little positive responses. Now to make the whole matter worse we
were notified of four more homes to be added to our already jammed neighborhood. We
all have several children and we are sure families of those future home will bring many
more to an already crowded area.
Therefore, we the Habitat homeowners in Hastings at the project site strongly express our
concern and appeal to you for reconsideration of better planning that wouldn't jeopardize
our family. We are looking forward to be involved in further planning and discussion to
see how this could be done differently for the well being of our community.
Thank you
Hastings Habitat homeowners at the project site
Cc: Twin Cities Habitat For Humanity
3001 4th St. SE
Minneapolis, MN 55414
Attn: Mike Nelson
ORDINANCE NO.
, SECOND SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION
10.01, SUBDIVISION 1 OF THE CITY CODE HAVING TO DO WITH:
OFFICIAL ZONING MAP
BE IT ORDAINED by the City Council of the City of Hastings as follows:
Subdivision 1. The following described property is hereby zoned from C-3 - Community Regional
Commerce to R-3 - PRD Medium High Density Residence:
Lot 2, Block 1, Hastings Family Housing; all within Dakota County, Minnesota.
ADOPTED BY THE CITY COUNCIL THIS 20th DAY OF NOVEMBER, 2006.
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
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 3'd day of January, 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. E.
Hastings, MN 55033
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING A COMPREHENSIVE PLAN AMENDMENT FOR
PLEASANT ACRES 2nd ADDITION
Council member
Resolution and
introduced the following
moved its adoption:
WHEREAS, Habitat for Humanity has petitioned for a Comprehensive Plan
Amendment from C-Commercial to U-III- Urban Residential for Pleasant Acres 2nd
Addition legally described as Lot 2, Block 1 of Hastings Family Housing; 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 Comprehensive Plan Amendment as presented
to the City Council subject to the following conditions:
1. Approval ofthe Comprehensive Plan Amendment by Metropolitan Council.
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 20th day of
November, 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 (KSB)
10 14th St. East
Hastings, MN 55033
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING PRELIMINARY PLAT APPROVAL FOR
PLEASANT ACRES 2nd ADDITION
Council member
Resolution and
introduced the following
moved its adoption:
WHEREAS, Habitat for Humanity has petitioned for Preliminary Plat approval
of Pleasant Acres 2nd Addition, a 4 lot residential subdivision, legally described as Lot 2,
Block 1 of Hastings Family Housing, and one outlot; 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 Preliminary Plat as presented to the City
Council subject to the following conditions:
1. Approval of the Comprehensive Plan Amendment and rezoning to U-II and R-3,
respectively.
2. Conformance with the plans submitted with the Planning Commission staff report
of November 13, 2006.
3. Final approval of the development grading and utility plans by the City of
Hastings Engineering Consultant. The applicant shall be liable for any costs
involved in consultant review of the plans.
4. Waive the sewer interceptor fees.
5. All disturbed areas on this property shall be stabilized with rooting vegetative
cover to eliminate erosion problems.
6. The disturbed areas of the site shall be maintained to the requirements of the
City's property maintenance ordinance.
7. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format)
prior to issuance of certificate of occupancy.
8. Approval is subject to a one year Sunset Clause; if significant progress is not
made towards construction of the proposal within one year of City Council
approval, the approval is null and void.
9. Twin Cities Habitat for Humanity will be responsible for the maintenance on their
portion of the Dakota CDA access road. This includes snow maintenance in the
winter.
10. Parking shall be prohibited on the Dakota CDA access road.
11. Retaining walls and fencing must match material of Pleasant Acres 151 Addition.
12. The applicant must provide proof of access rights to the private Dakota CDA
access road.
13. Habitat for Humanity shall follow the recommendations from the National
Resources and Recreation committee in regards to the park land dedication.
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 20st day of
November, 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 (KSB)
101 4th St. East
Hastings, MN 55033
VIII-A-l,2 & 3
Memo
To:
Mayor Werner and City Council
From:
Tom Montgomery, Public Works Director
Date:
November 16, 2006
Subject:
Res.-Adopt Assessments: Project 2005-1, Dakota Hills Area
Improvements; Project 2005-2, Zweber Lane & Oak Ridge Dr.
Improvements & Project 2005-3, S Frontage Rd. Improvements
REQUEST
Please see the Assessment Hearing Staff Reports for further information.
VIII-A-4
MEMO
To:
From:
Date:
Re:
Honorable Mayor and City Council
T om Montgomery
November 13, 2006
Approve Purchase Agreement, Hastings Ford Right of Way Easement
In October of200S, the City Council agreed in concept to authorize staffto
negotiate for the acquisition of a right of way easement over the east 60 feet of the
Hasting Ford property to serve as a future frontage road access point. In February of
2006, the Planning Committee of the Council reviewed the City's appraisal and the
Hastings Ford appraisal and agreed on an offer of $4.25/SF, a total of $11 0,500, which
split the difference between the low end of the Hastings Ford appraisal - $5/SF and the
City's appraisal - $3.50/SF.
COUNCIL ACTION REQUESTED
Council is requested to approve an agreement to purchase the right of way
easement for $11 O,SOO and to fund this purchase from the City's General Fund reserves.
CITY Of HASTINGS
MEMO
To:
From:
Date:
Re:
Honorable Mayor and City Council
Tom Montgomery
September 28, 2005
Authorization to Negotiate Purchase of Right of Way
The Comprehensive Plan identifies a future frontage road connecting 36th St. to
the County Crossroads commercial area as a way to provide neighborhood access to the
commercial area through local streets rather than Hwy 61. Doug Erickson, the owner of
Hastings Ford, was required to move his proposed storage building away from the future
right of way. Mr. Erickson asked the City to purchase the right of way since he was not
being allowed to use his property. Council referred the issue to the Planning Committee
to determine if the right of way as identified in the Comprehensive Plan should be
acquired. Council also authorized an appraisal of the property to determine acquisition
costs.
The appraisal has been completed, estimating a land value of the 0.60 acres of
right of way at $91,000. The Planning Committee met on September 19th to review the
right of way estimate and revisit the need for a future frontage road. By unanimous vote,
the Planning Committee recommended leaving the future frontage road in the
Comprehensive Plan and recommended that staff begin negotiations to acquire the right
of way.
Council will note that additional right of way will be needed across the two
residential properties to the north of the Ford dealership. These two properties are guided
commercial and will have to plat to develop. At time of platting, the City would request
dedication of the right of way as identified in the Comprehensive Plan, eliminating the
need to purchase right of way unless the City wanted to construct the frontage road prior
to redevelopment of these properties.
COUNCIL ACTION REQUESTED
Council is requested to authorize City staff to negotiate the purchase of right of
way from the Hastings Ford property. Once a price is negotiated, the purchase agreement
would be brought before the Council for consideration.
CITY 01' HASTINGS
(j)
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City of Hastings
City Conncil Minutes
October 3, 2005
Page 3 of4
Well #8-a new water supply well to be constructed in Vermillion Falls Park near
the intersection of 21 st Street and Commerce Drive. This is estimated to cost
$1,250,000.
Water Treatment Plant-construction of a nitrate removal plant adjacent to the
ground storage tank on Highway 55 near the SuperStore. This plant would treat
water from wells #3 and #5. The total estimated cost for this project is
$3,700,000.
Montgomery stated that funding options will need to be explored for future water
system improvements.
Councilmember Schultz asked when Well #3 will reopen. Montgomery stated
that the City will not use Well #3 until either an interconnection with Well #5 is made or
until the state cyanazine standard is raised, which is currently under review.
Montgomery stated that the City's water system is currently safe, and that it is being very
conservative in shutting down Well #3 at this time.
The Council discussed consideration of a block system for water usage.
Moved by Councilmember Schultz, seconded by Councilmember Moratzka to
approve the water system improvement recommendations as presented, to authorize
preparation of plans, authorize bidding for construction of Well#8, authorize design and
preparation of plans for a water treatment facility, trunk watermains, and site
improvements as recommended. Additionally, staff was directed to work with the
Operations Committee ofthe Council to develop recommendations for future water
system improvements and increased operational expenses with the implementation of
water treatment.
6 Ayes; Nays, none.
Lake Isabel Dredging
Moved by Councilmember Alongi, seconded by Councilmember Hicks to
approve soliciting proposals from engineering firms to investigate the hard cost with
dredging and disposal, pier construction, and lake draw down as recommended.
6 Ayes, nays, none.
MEMO
TO:
FROM:
RE:
DATE:
Honorable Mayor and City Council members
Charlene A. Stark, Finance Director
06 Budget Adjustments & Transfer
November 14, 2006
~~~~.i;.lllI,iifJM.*
M;Fffifffl~m!j~ II W$%il1%m@l!&=m
W$i
$110,000
Adjustment for the purchase of the right of way property is
requested per Thomas Montgomery, Public Works Director. See
his memo for more details on this item. Payment is due upon
closing and the City of Hastings did not anticipate this purchase in
the 2006 budget. The 2006 budget was adopted with the draw
down of $335,000 of the General Fund's fund balance. Upon a
third quarter review of revenues and expenditure of the General
Fund it appears that the anticipated draw down of fund balance
will not occur at the budgeted level. An estimated amount of the
2006 fund balance usage is estimated at $130,000 at this time.
Thus, it is my recommendation that this budget item be funded
with the use of the General Fund's fund balance.
Council Action ReQuested
Authorize the above 2006 budget adjustment.
VIII-6-1
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
November 20, 2006
2nd Reading/Adopt Ordinance - Rezone #2006-45 to rezone property
from C-1 to R-3 - Pleasant Acres 2nd Addition - Habitat for Humanity
Subject:
REQUEST
Please see the Public Hearing Staff Report for further information.
VIII-B-2
Prelminary Plat Review - Habitat for Humanity
City Council Meeting- November 20,2006
Page 1
Memo
To:
Mayor Werner and City Council
From:
Kari Barker, Associate Planner
Date:
November 20, 2006
Subject:
Comprehensive Plan Amendment - #2006-45 -Twin Cities Habitat for
Humanity -13XX North Frontage Road- Lots 1, 2, 3, and 4, Block 1,
Pleasant Acres Second Addition
Please see the memo for the Habitat for Humanity Public Hearing.
VIII-I3-a
Prelminary Plat Review - Habitat for Humanity
City Council Meeting- November 20,2006
Page 1
Memo
To:
Mayor Werner and City Council
From:
Kari Barker, Associate Planner
Date:
November 20, 2006
Subject:
Preliminary Plat Approval - #2006-45 -Twin Cities Habitat for Humanity -
13XX North Frontage Road- Lots 1, 2, 3, and 4, Block 1, Pleasant Acres
Second Addition
Please see the memo for the Habitat for Humanity Public Hearing.
VIII-6-4
Memo
To:
Mayor Werner and City Council Members
From:
John Hinzman, Planning Director
Date:
November 20, 2006
Subject:
Site Plan Review #2006-36 -Regina Medical Center Site Plan- 1175
Nininger Road - Regina Medical Center.
REQUEST
Regina Medical Center seeks site plan approval for additions and remodeling to the existing
Center. The property is generally located north of 1st Street West, and west of Nininger
Road/County Road 42, and east of Pleasant Drive. The new construction will consist of
58,000 square feet and the remodel 20,000 square feet, totaling 78,000 square feet.
The request was tabled by the City Council at the October 16, 2006 meeting in order to
discuss the proposed "Option B" transmission line rerouting with the neighborhood.
OPTION B TRANSMISSION LINE
The Option B route would parallel 1st Street and the north-south Regina Access Road. Along
1s1 Street lines would be located approximately 20 feet from the right-of-way (35 feet from the
roadway). The 151 Street routing would include two poles. An existing pole would be relocated
from southeast corner of 151 and Farm. One new pole would be located between Pleasant
Drive and 15t Place, directly across the street from vacant land. Three additional poles would
be generally located along the north-south access road midway between Pleasant Drive and
the existing Allina Clinic Building. All poles and lines would be located on Regina's property
and 85-95 feet in height. Please see attached drawing for further information.
NEIGHBORHOOD MEETING
On November 2, 2006 a neighborhood meeting was conducted to gain input on the revised
Option B transmission line routing. The following comments were received:
· The proposed routing further east of Pleasant Drive was supported; however the
transmission line location along 1 sl Street was still questioned; could the lines be
placed further north of 151 Street?
· Concerns about the level and speed of traffic in the area.
· Preference of galvanized transmission line poles over weathered poles.
. Proposed landscaping should be guaranteed over time and kept in place.
Site Plan Review- Regina Medical Center
City Council Memo - November 20, 2006
Page 2
ANALYSIS
Staff has reviewed the transmission line routing change and neighborhood concerns and has
the following comments:
. The Option B routing is a significant compromise and improvement. The revised
routing considerably limits impact to areas west of Pleasant Drive. The routing along
151 Street is acceptable, an existing pole would be relocated further from residential
homes, and a second pole would be located across from vacant land. The 35 foot
setback from 1st Street is acceptable. Moving the poles further in towards the existing
clinic building would not significantly change the appearance from the adjacent
neighborhood, but would significantly impact Regina's ability to expand the campus in
the future.
· Traffic generated from the Regina expansion can be adequately handled. The
main entrance will be located on Pleasant Drive, a collector road. Traffic volumes on
Pleasant Drive are below other comparable collector roads (Nininger Road, Westview
Drive, General Sieben Drive). Secondary entrances will be located on 1s1 Street. The
Police Department has placed a radar speed sign along 151 Street, and has had an
officer present during various half hour intervals from November 9-12'h to measure
speed. Please see attached meme for further information.
· Galvanized vs. Weathered poles. Regina officials asked for neighbors' preference of
galvanized versus weathered poles at the November 2, 2006 meeting. The neighbors
overwhelming preferred galvanized poles. Regina prefers to use weathered steel poles
instead of galvanized because of lower cost. Please see the attached email from Brad
Krump, BWBR Architects for further information.
. Landscaping Guarantee. The landscape plan is adopted as part of the site plan
approval. A standards condition to escrow for plantings to ensure viability is included.
Staff has also added language requiring the landscaping to be maintained over time.
· Mid-block Trail Crossings not Recommended by Staff - Public Works Director,
Tom Montgomery does not agree with the Planning Commission's recommendation to
install a crosswalk and flashing amber light on Pleasant Drive and the Jackson
Dr./Regina Entrance/Pleasant Dr. intersection. With the combination of high traffic
volume and a 40 mph speed limit, pedestrians should not be encouraged to cross
Pleasant Drive at an uncontrolled intersection, but rather directed along the existing
sidewalk/trail system to the Featherstone Road or CR #42 intersections. The speed
limit on Pleasant Drive at the proposed main entrance is 40 mph. There is a
bituminous trail on the west side of the Pleasant Drive and a sidewalk on the east side
of the street, providing very good pedestrian access. There are only 60 homes on
Jackson Drive, so the demand for pedestrians to cross Pleasant to reach the hospital
campus would be very small; not enough to justify painting a crosswalk, much less a
flashing amber light. Other Pleasant Valley pedestrian traffic exiting the development
from the Jefferson Street intersection and wanting to cross Pleasant Drive should be
directed to the safer, stopped intersection at CR #42 which is only 200 feet to the north.
Site Plan Review- Regina Medical Center
City Council Memo - November 20, 2006
Page 3
RECOMMENDATION
Approval of the Site Plan is recommended subject to the attached plans and resolution.
ATTACHMENTS
. Resolution
. Option B Routing Map
. Location Map
. Pictometry Map
. Plans
. Pictures
. Email from Brad Krump - galvanized vs. weathered poles
. Memo from Chief McMenomy - West 1 sl Street Traffic Studies
. July 31, 2006, Planning Commission minutes
. Application
Site Plan Review- Regina Medical Center
City Council Memo - November 20, 2006
Page 4
HISTORY
November 2,2006 - Regina conducted a neighborhood meeting to gain input on the revised
"Option B" transmission line location. Setback of poles from 1st Street and traffic were
discussed
October 16, 2006 - The City Council voted to extend the 60 day review period at the request
of Regina Hospital.
October 2, 2006 - The City Council voted to table action on the request and directed staff to
review proposed changes to the Transmission line routing through the site, in particular the
centrally located "Option B" proposal.
September 5, 2006 - The City Council voted to authorize staff to prepare findings of fact for
denial of the Site Plan.
August 30, 2006, Regina conducted a neighborhood meeting. Approximately 50 people
were in attendance. Concerns voiced included power lines, helipad location, and
electromagnetic fields.
August 5, 2006, The City Council voted to table the site plan to resolve outstanding issues
including power lines, pedestrian crossing, smoking off-campus, and landscaping and to
hold a neighborhood meeting with residents to address outstanding issues.
July 31, 2006, The Planning Commission recommended approval of the Site Plan after a
lengthy discussion. Neighbors voices concerns over transmission line poles, employee
smoking, traffic, and increased landscaping.
RECOMMENDATION BY PLANNING COMMISSION
On July 31,2006, the Planning Commission met on the aforementioned item. The Planning
Commission voted to recommend approval and added the following conditions to the staff
recommendations:
1) Addition of pedestrian crossing striping on the north and south sides of the west
entrance to Pleasant Drive (across from Jackson Drive), pedestrian crossing signage,
and pedestrian crossing hazard lights.
2) Speed limit along Nininger Road shall be lowered to 25 mph in front of Hospital.
Site Plan Review- Regina Medical Center
City Council Memo - November 20, 2006
Page 5
3)
Landscape Plan should be modified to better group coniferous trees to screen power
pole locations.
4)
Regina should investigate modifying the relocation of the overhead power lines to
avoid traversing the perimeter of the site along 1st Street and Pleasant Drive. The
power lines should be located internally if possible.
5)
A portion of the propose parking area must be designated as proof of parking to
better match maximum required parking spaces of the zoning code.
BACKGROUND INFORMATION
The hospital expansion will link together the existing buildings of Regina Clinic, Allina Clinic,
and Regina Medical Center. The expansion will include creating a new out-patient entry off of
Pleasant Avenue and expansion of the Medical/Surgical areas. Further, several floors of the
current Medical Center will be expanded and remodeled. In addition, the parking lot will be
expanded. A future YMCA is planned, however final site plan approval will be considered
under a separate application.
Comprehensive Plan Classification
The 2020 Comprehensive Plan designates the property as P-I, Public Institution. The
proposed use is consistent with the plan.
Zoning Classification
The subject property is zoned P-I, Public Institution. Hospitals and other medical care facilities
are identified as "permitted uses" in the P-l, Public Institution District.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction
North
East
South
Existina Use
Agriculture
Agriculture
Residential
Agriculture
Residential
Zonina
A- Agriculture
A- Agriculture
R-2 Medium Density Res.
A- Agriculture
R-3 - Medium High Density
Comp Plan
R - Rural
R - Rural
U-I Urban Res
U-II Urban Res
U-II Urban Res.
West
Existing Condition
The site is predominately flat and open.
Site Plan Review- Regina Medical Center
City Council Memo - November 20, 2006
Page 6
EAW/EIS
Neither an Environmental Assessment Worksheet (EAW) nor an Environmental Impact
Statement (EIS) is required for this project per the Environmental Review Rules. The
Regina Medical Center Expansion will be a total of 78,000 square feet. Thus, the
expansion and remodel are well under the square footage that would require an EAWor
EIS.
HISTORY
In August 2004, the City Council approved the Preliminary and Final Plat of Regina Medical
Center Addition located on 13.09 acres on the east side of Pleasant Dr, between Nininger Rd
and 1st St W. The request involved the platting of one lot and two outlots.
SITE PLAN REVIEW
Zoning Setbacks
The hospital expansion will link together three existing buildings- Regina Clinic, Allina Clinic,
and Regina Medical Center. Therefore, the new building will not encroach on the existing
setbacks. Thus, zoning setbacks are acceptable,
Access and Circulation
Access would be provided via County Road 42, West First Street, and Pleasant Drive. The
site would utilize existing driveway curb cuts along these roads. The entrance at Pleasant
Drive would be the main entrance. Internal traffic circulation is logical.
Powerline Relocation
Several powerlines will be relocated and additional poles placed as part of the expansion.
Regina Medical Center will be responsible for coordinating the relocation with Xcel Energy.
Overhead electrical power lines may not be relocated onto city right-of-way.
Parking
Following the Planning Commission meeting, staff explored the parking space numbers
further. Per the architect for the project, Regina Medical Center currently has 845 bituminous
parking stalls. Therefore, they are proposing to add 64 parking stalls. If the City Council
wishes to require proof of parking, these 64 stalls may be noted as such.
Site Plan Review- Regina Medical Center
City Council Memo - November 20. 2006
Page 7
Per City of Hastinas Code
Hosoital 3 spaces per 2 beds=85.50
Nursing Residential Care Facility- Dependent
Home 1 per 3 units= 6.67
1 per 3 seats based on design capacity=
Chaoel 66.67
Assisted Residential Care Facility-
Living Semi Independent 1 per 2 units= 38
Assisted Residential Care Facility-
Living Semi Independent 1 per 2 units= 29.5
Clinic 1 space/300 s.f= 131.66
Clinic 1 space/300 s.f= 121.13
Hosoital 3 spaces per 2 beds= 117
Hospital 3 spaces per 2 beds= 26.30
Parking
Total 625.43
Existing
Stalls 845
Proposed
New Stalls 64
In addition, 204 additional spaces are designated for future parking.
Parking Lot Setback
The parking lot setback meets the minimum 10 foot requirement along the perimeter of the
property.
Pedestrian Access
A sidewalk must be placed along West First Street to connect with County 42.
Architectural Elevations
The building incorporates differing materials and building articulation and meets
architectural appearance standards.
Entry Materials
Predominant materials are tan brick to match existing buildings. high efficiency Low E glazing.
and composite metal panel with final color to be determined. Stone is to be used at entry
canopies and Out-Patient main entry high walls. Roof top Screen wall is comprised of
composite metal panel and metal siding.
Medical/Surgery Expansion Materials
Walls to match previous addition to the west of the In-Patient Entrance with punched window
openings and terracotta colored brick.
Site Plan Review- Regina Medical Center
City Council Memo - November 20, 2006
Page 8
Trash and Recycling Enclosure
All waste refuse facilities shall be located in one enclosed building matching the primary
building. Outside dumpsters are prohibited.
Landscape Plan
The Landscape Plan is based on the total Medical Campus Square feet totaling 481,612.
Site
Site Landscaping
Boulevard Trees
Re uirement
193 Trees (1:2,500 s.f.)
482 Shrubs 1: 1,000 s.f.
24 Evergreen Trees (1 :50
feet
Pro osal
244 Trees
566 Shrubs
36 Evergreen Trees
A tree inventory was taken and 22 significant trees are identified to be removed.
The Landscape Plan is acceptable under the following conditions:
1) All landscaping and planting shall be irrigated.
2) Tree replacement must meet the Hastings Tree Preservation Guidelines.
Lighting Plan
A photometric lighting plan has been submitted. The proposed foot-candle illumination is
acceptable.
Signage
Signage has not been indicated on the site plan and will be administratively permitted under a
separate sign permit application. Although sign permit review will take place after site plan
approval, the following regulations are applicable: The monument sign is limited to 50 square
feet in size and must be no greater than 6 feet high. Building signage is limited to 5 percent of
the elevation or 40 square feet (whichever is greater). Directional signs are allowed up to 4
feet in height and 2 square feet in size.
Grading and Utility Plans
Preliminary Grading and Utility Plans have been submitted for cursory review. The applicant
must obtain formal approval of the Grading and Utility Plans by the Public Works Director as a
condition for approval.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
SITE PLAN APPROVAL FOR REGINA HOSPITAL
LOCATED AT 1175 NININGER ROAD
Council member
introduced the following Resolution and
moved its adoption:
WHEREAS, Regina Hospital has petitioned for Site Plan Approval to add 58,000
square feet and remodel 20,000 square feet. The subject property is located at 1175 Nininger
Road legally described as the Southeast Y. of the Southeast Y. of Section 20-115-17; 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 Site Plan Approval as presented to the City Council
subject to the following conditions:
1) Conformance with the plans submitted with the City Council Report presented November
20,2006
2) Xcel Energy Transmission Lines must be relocated consistent with the "Option Bn routing
as presented. The "Option Bn route generally commences 20 feet north of the 15t Street
right-of-way at Farm Street, proceeding west to the proposed new parking lot entrance,
thence north to Nininger Road.
3) A sidewalk must be constructed along the entire frontage of First Street.
4) Overhead electrical power lines must not be relocated onto city right-of-way.
5) All parking and drive aisle areas shall be constructed to City standards including
bituminous surfacing and concrete curb and gutter.
6) All disturbed areas on this property shall be stabilized with rooting vegetative cover to
eliminate erosion problems.
7) The disturbed areas of the site shall be maintained to the requirements of the City's
property maintenance ordinance.
8) Final approval of the development grading and utility plans by the City of Hastings. The
applicant shall be liable for any costs involved in consultant review of the plans.
9) Monument signs shall be architecturally consistent with the buildings on site and
incorporate similar materials into their construction.
10)Lighting must incorporate cut-off shields and be directed onto parking lot areas.
11 )Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
issuance of certificate of occupancy.
12)Work may not commence on the Construction Phase without arranging with the City for an
appropriate Letter of Credit and escrow deposit and holding a Preconstruction meeting.
13)A joint parking and access easement shall be recorded against all properties within the
three additions of Regina Memorial Medical Center.
14)AII waste refuse facilities shall be located in one enclosed building matching the primary
building. Outside dumpsters are prohibited.
15)Fencing, walls, and landscaping must not encroach into the 25 feet site triangle area.
16)Lighting illumination shall be at least 2 feet candle at drive entrances and no more that 0.5
feet candle elsewhere along the perimeter of the property.
17)Alllandscaping shall be irrigated or low maintenance.
18)Any future helipad area must be screened with a decorative masonry wall to the
satisfaction of the Planning Director.
19)5treet trees must be planted every 50 feet at the site perimeter.
20)Addition of pedestrian crossing striping on the north and south sides of the west entrance
to Pleasant Drive (across from Jackson Drive), pedestrian crossing signage, and
pedestrian crossing hazard lights.
22) Staff will work with Dakota County in an effort to reduce the speed limit along
Nininger Road in front of Hospital.
23) A portion of the propose parking area must be designated as proof of parking to better
match maximum required parking spaces of the zoning code.
24) A landscape surety for providing, installing and warranting typical landscaping and
screening materials must be submitted in the amount of 125 percent of the value of
the proposed landscaping prior to certificate of occupancy. The surety will be released
within one year from planting upon inspection by the City to ensure the health of the
plantings.
25) The applicant shall be liable for ensuring all plantings identified in the Landscape Plan
are maintained over time consistent with the adopted Landscape Plan.
26) Approval is subject to a one year Sunset Clause; if significant progress is not made
towards construction of the proposal within one year of City Council approval, the
approval is null and void.
Council member
to a vote adopted by
moved a second to this resolution and upon being put
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 20th day of November,
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
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Page 1 of2
John Hinzman
From: Krump, Brad [bkrump@bwbr.com]
Sent: Wednesday, November 15, 2006 3:04 PM
To: John Hinzman
Cc: wilsonm@reginamedical.org; Grimstad, James
Subject: Regina - Power pole finish options
Hi John-
Per our discussion, enclosed below is lhe information provided by HDR (Xcel's consultant) about the cost
difference between galvanized and weathered steel. Regina firmly believes thaI all poles be wealhered steel.
If galvanized poles were forced to be used in the approval, Regina would solicil the City to allow the reuse
lhe 2 existing weathered structures to lessen lhe financial impact. From a community standpoint, if we
reuse 2 weathered steel poles and provide 4 galvanized poles, lhe cost difference appears to be an additional
$30,800 based on the data faclored below. Rut wilh that scenario, it does nOI ensure the 2 poles on Isl
would both be galvanized. Oim, can you confirm which poles would be relocated in the design?)
I have some concerns about the slaled costs below because they are nol the final costs; but an estimaled
cosl. \'Ve received multiple emails yeslerday about cosls and each lime lhey went up based on our
conversation.
If you have any questions, please let me know. Thanks.
Brad
Bradley A. Krump, AL\
EWER Architects, Inc.
380 St. Peter St., Suite 600
St. Paul, MN 55102
Ph. 651.290.1893
Fax. 651.222,8961
Brad,
Those estimates were rough. Here is the most accurate data we have. A double circuit deadend will
weigh 22,000lbs and a tangent will weigh 6,000lbs. Galvanized poles are $2.1O/lb and weathering is
$1. 75/lb.
With 6 galvanized structures the cost will be $243,600.00 and with 4 weathering structures the cost will
be $154,000.00. There are still a lot of variables in these costs and weights, but this will be as good as
we can get. I don't know if you want to error on the high side or low side, but these should be
reasonable.
If you need anything else let me know. I hope this helps,
11/16/2006
^
HASTINGS
POLICE
DEPARTMENT
MEMO
TO:
FROM:
CC:
DATE:
SUBJECT:
John Hinzman, City Planner
Chief McMenomy 1171-
Dave Osberg, City Administrator
November 15, 2006
West First Street Traffic Studies
In order to assist with the future redevelopment of the hospital addition and YMCA, in the
last ten days we have conducted radar surveys of traffic on West First Street, going either
east or west towards Pleasant Drive or away from Pleasant Drive.
Listed below are the dates and times the radar surveys were conducted, as well as the
number of vehicles tracked in the survey, to include the slowest and fastest recorded
speeds of those vehicles.
Date:
Time:
Duration:
Vehicles:
Slowest vehicle:
Fastest vehicle:
Date:
Time:
Duration:
Vehicles:
Slowest vehicle:
Fastest vehicle:
Date:
Time:
Duration:
Vehicles:
Slowest vehicle:
Fastest vehicle:
November 9th
9:50 pm -10:20 pm
30 minutes
9
22 mph
31 mph
November 101h
11 :00 pm - 11 :30 pm
30 minutes
13
22 mph
38 mph (stopped and given a warning ticket)
November 1 ih
2:15 pm - 2:45 pm
30 minutes
40
24 mph
40 mph (stopped and given a warning ticket)
Date:
Time:
Duration:
Vehicles:
Slowest vehicle:
Fastest vehicle:
Date:
Time:
Duration:
Vehicles:
Slowest vehicle:
Fastest vehicle:
November 13th
3:30 pm - 4:00 pm
30 minutes
41
22 mph
33 mph
November 14th
10:30 am - 11 :00 am
30 minutes
32
22 mph
33 mph
As you can see from some of those survey results there are various times in the afternoon
hours and daytime hours that there does appear to be a heavy flow of traffic in that area.
However, I would guess this is conducive to the heavy flow of traffic throughout other areas
of the community during those same time periods.
If you have any questions regarding this information please do not hesitate to contact me.
Thank you.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 1 of 10
Hastings Planning Commission
July 31, 2006
Regular Meeting
7:00 p.m.
Chairman Twedt called the meeting to order at 7:01 p.m.
1. Roll Call
Commissioners Present:
Staff Present:
Peine, Zeyen, Truax, Twedt, Mcinnis, Hiedeman
Planning Director John Hinzman, Associate Planner Kari
Barker, Planning Intern Larry Phillips
2. Approve July 17, 2006 Planning Commission Meeting Minutes
Commissioner Mcinnis stated corrections were needed to his statements
regarding temporary auto sales. Motion by Commissioner Truax to approve the
minutes of the July 17, 2006 Planning Commission meeting.
Upon vote taken, Ayes: 6, Nays O. Motion passed.
OTHER ACTIONS
3. Regina Hospital - Site Plan #2006-36 - Hospital Addition.
Associate Planner Barker presented Staff Report.
Jewel Pickert, 507 Whispering Lane apt. 301, came before the Commission and asked
why there is a need for an expansion and who would be funding the expansion.
Director Hinzman stated that site plan approval is needed for any expansion project;
funding sources for the project are not considered as part of City review.
Mark Prettyman, 130 151 PI, came before the Commission and brought up four points.
1) Regina's policy of non-smoking on their campus so smokers smoke where residents
that live near Regina would see them.
2) The speeds around the proposed new entrances.
3) The site plan with Regina with the assumption that the YMCA will also be coming in.
4) The unpleasing view of the power lines and poles the residents near Regina will
have to see.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 2 of 10
Eugene Fuchs, 1329 Jackson Drive, came before the Commission and asked how the
property value of Regina's neighbors will be affected by this expansion.
Rose Tappella, 120 1st PI, came before the Commission and expressed concern with
the view of the power lines that will surround Regina. She hopes that the power lines
will run inside of the Regina property. She wants more landscaping to buffer the
neighbor's view of Regina.
Brad Krump, BWBR Architects, came before the Commission and gave a presentation
on Regina's expansion. Regina is reaching maximum potential and in order to
accommodate for the future, an expansion needs to happen.
Mark Prettyman, 130 1 st PI, asked if the power lines were the main transmission line.
Commissioner Truax asked is the transmission line can be buried.
Mr. Krump said that a transmission line could not be buried.
Commissioner Truax stated that it is a wonderful thing to have a medical center but had
concerns about parking. Truax pointed out that there was excess parking and felt there
was too much parking; the excess parking was taking up green space.
Chairman Twedt asked if there was designated staff parking and a smoking area.
Regina must understand that it would be a hardship to the neighbors to not allow
smoking on the property because than it would push the smokers out into view of the
neighboring residence.
Mark Wilson, Regina Hospital, said that there were no current plans for a smoking spot
but Regina could accommodate a place for staff parking.
Commissioner Zeyen asked in regards to recommendation #2 if there would be a dead
end sidewalk.
Assistant Planner Barker stated that there would be potential for future linkage.
Commissioner Mcinnis asked if there should be pedestrian crossing and sidewalk at the
main entrances as well as striping. He was also concerned with the landscaping at the
site and that it would remain consistent with City plans, as the City has been using
Maple Ash trees and the landscaping plan for Regina called for evergreens.
Commissioner Mcinnis was also concerned with the speed limit around Nininger Road
and Pleasant Drive; he felt it maybe too high.
Chairman Twedt felt that the helipad was not in a good location.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 3 of 10
Mr. Krump said that it would be preferable to have the helipad off site.
Chairman Twedt pointed out that from discussion of the Commission and audience;
there was not much support for the power lines running around the perimeter.
Commissioner Peine brought to the Commissions attention that he was previously an
intern with BWBR but his knowledge on the Regina expansion was limited to what the
Commission had before it tonight.
Dr. Piper Bigelow from Regina Clinic came before the Commission. She stated that
people at the hospital are trying to do their best to make things flow smoothly. She feels
that if they are not able to expand the community will look back at it as a big mistake.
Commissioner Mcinnis suggested putting the power lines through the property instead
of around it.
Mr. Krump informed the Commission that they wanted to stay flexible with the location
of the power lines and the plans.
Commissioner Zeyen stated that in order for the Regina Medical Center to expand the
community must "give" and "take" and the view of the power lines would be a "give."
Commissioner Peine suggested that BWBR should address what the site will look like
from a block away. He continued by stating there should be a better way to deal with
the power lines.
Mr. Krump said that he has been working with Excel energy for 10 months to find
alternates for the power lines but will continue to explore more possibilities.
Commissioner Mcinnis motioned to approve the Site Plan with these additional
recommendations:
1) Crosswalk striping, signage, and hazard lights should be placed at the western
entrance to Pleasant Drive.
2) A slower speed limit on Nininger Road, Pleasant Drive, and West First Street.
3) A more consistent landscape plan and trees should be clumped around the power
line poles to
4) To remove the four power lines poles and to run the power lines though Regina's
property instead of around it.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 4 of 10
Commissioner Zeyen made a friendly amendment to not eliminate the four power line
poles, but rather to send the issue back to City Staff to find the best location for the
power line poles.
Commissioner Mcinnis accepted the friendly amendment as long as all possibilities can
be reviewed.
Commissioner Zeyen seconded.
Commissioner Truax made a friendly amendment to make phase two and phase four
proof of parking.
Commissioner Mcinnis stated that phase two and four should be completed as the
ground breaking for the YMCA begins. Without parking there would result in a burden
on neighboring residence for parking.
Director Hinzman clarified the extra recommendations, following the existing 19
recommendations:
20) Stripping running north and south at the main entrance on Pleasant Drive as well as
stripping on the 1st Street entrance for pedestrian crossing.
21) A slower speed limit on Nininger Road, Pleasant Drive, and West First Street.
22) A more consistent landscape plan and to hide power line poles better with tree
dumpings.
23) Remove the four power line poles and reroute them at the best location.
24) Work to change parking at phase two and four with the partnership with the YMCA.
Planning Commission Action:
Commissioner Mcinnis motion and Commissioner Zeyen seconded approval of
the site plan which will be subject to the follow recommendations:
1) Conformance with the plans submitted with the Planning Commission Report
presented July 31,2006.
2) A sidewalk must be placed along West First Street to connect Nininger Road to
Pleasant Drive.
3) Overhead electrical power lines must not be relocated onto city right-of-way.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 5 of 10
4) All parking and drive aisle areas shall be constructed to City standards including
bituminous surfacing and concrete curb and gutter.
5) All disturbed areas on this property shall be stabilized with rooting vegetative cover
to eliminate erosion problems.
6) The disturbed areas of the site shall be maintained to the requirements of the City's
property maintenance ordinance.
7) Final approval of the development grading and utility plans by the City of Hastings.
The applicant shall be liable for any costs involved in consultant review of the plans.
8) Monument signs shall be architecturally consistent with the buildings on site and
incorporate similar materials into their construction.
9) Lighting must incorporate cut-off shields and be directed onto parking lot areas.
10)Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
issuance of certificate of occupancy.
11 )Approval is subject to a one year Sunset Clause; if significant progress is not made
towards construction of the proposal within one year of City Council approval, the
approval is null and void.
12)Alllandscaping and plantings shall be irrigated.
13)Work may not commence on the Construction Phase without arranging with the City
for an appropriate Letter of Credit and escrow deposit and holding a Preconstruction
meeting.
14)A joint parking and access easement shall be recorded against all properties within
the three additions of Regina Memorial Medical Center.
15)AII waste refuse facilities shall be located in one endosed building matching the
primary building. Outside dumpsters are prohibited.
16)Fencing, walls, and landscaping must not encroach into the 25 feet site triangle
area.
17)Lighting illumination shall be at least 2 feet candle at drive entrances and no more
that 0.5 feet candle elsewhere along the perimeter of the property.
18)Alllandscaping shall be irrigated or low maintenance.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 6 ofl 0
19)A tree inventory will be taken of the trees to be removed from the site by the City
Council meeting on August 7,2006.
20)Stripping running north and south at the main entrance on Pleasant Drive as well as
stripping on the 1 sl Street entrance for pedestrian crossing.
21) A slower speed limit on Nininger Road, Pleasant Drive, and West First Street.
22) A more consistent landscape plan and to hide power line poles better.
23) Remove the four power line poles and reroute them at the best location.
24) Work to change parking at phase two and four with the partnership with the YMCA.
Upon vote taken, Ayes: 6, Nays O. Motion passed.
4. Mark Gerry - Site Plan #2006-35 - Construction of a new Dairy Queen - 1205
vermillion Street.
Planning Intern Phillips presented Staff Report. Planning Intern Phillips made a
modification to recommendation #11 so that a trash and recyding endosure does not
require a roof.
Commissioner Truax questioned the dose proximity of the drive thru on the north side
of the proposed building to the house that is located just north of the property. Truax
also questioned the location of the new monument sign.
Director Hinzman stated that there is a garage between the house and the drive thru to
give some buffering.
Mark Gerry from Dairy Queen said the sign will be located at the same place as the old
sign.
Commissioner Hiedeman brought up the issue of noise from the drive thru.
Gerry stated that he had spoke with the neighbor to the north of Dairy Queen and the
neighbor was actually in favor of the location of the drive thru because it will prevent
people from loitering on the north side of the Dairy Queen property.
Commissioner Peine asked if the menu would be expanded.
Gerry replied that it has expanded slightly but will be able more efficiently serve
customers and that the actually number of customers will probably not increase.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 7 of 10
Chairman Twedt asked how this falls into the Vermillion Street Corridor project.
Director Hinzman said the Vermillion Street Corridor is still being discussed.
Commissioner Peine pointed out that doing a good job on the patio on the west side of
the proposed Dairy Queen building would be a great step towards the Vermillion Street
Project.
Planning Commission Action:
Commissioner Mcinnis motioned to approve and Commissioner Peine seconded
the approval of the Site Plan which will be subject to the following
recommendations:
1) Conformance with the plans submitted with the Planning Commission Staff
Report dated July 31, 2006.
2) Building permit issuance will be contingent upon presentation and approval of
civil plans induding drainage, utilities, and elevations. Approval of civil plans will
be made by the Public Works Director. The applicant shall reimburse the City
for any fees incurred due to development. The owner assumes all risks
associated with the grading and utility placement prior to formal approvals.
3) Any uncompleted site work (including landscaping) must be escrowed for prior
to issuance of a certificate of occupancy.
4) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format)
prior to recording of the Final Site Plan.
5) All disturbed areas on this property shall be stabilized with rooting vegetative
cover to eliminate erosion problems.
6) A landscape surety for providing, installing and warranting typical landscaping
and screening materials must be submitted in the amount of 125 percent of the
value of the proposed landscaping prior to certificate of occupancy. The surety
will be released within one year from planting upon inspection by the City to
ensure the health of the plantings.
7) Fence and patio is subject to review by the Planning Department.
8) Any fencing and walls must not encroach into the 25 foot site triangle
requirement at street intersections.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 8 of 10
9) Trash and recycling endosure materials and colors shall be consistent with the
main office building.
10)The trash and recyding endosure must be fully endosed on all four sides.
12)AII parking areas must be constructed of bituminous surfacing and concrete curb
and gutter.
13)lIIumination levels are limited to 0.5 foot candles at the property line and two foot
candles at the entrances as required in the Zoning Code.
15)Approval is subject to a one year Sunset Clause; if significant progress is not
made towards construction of the proposal within one year of City Council
approval, the approval is null and void.
Upon vote taken, Ayes: 5, Nays 0, Abstentions 1. Motion passed.
Commissioner Zeyen abstained from voting due to business relations with Mark Gerry.
5. OTHER BUSINESS
A. Signage Requirements
Planning Director Hinzman informed the Commission that sign permits are approved or
disapproved administratively.
Commissioner Mdnnis asked to darify the 60 day limit of the sign ordinance.
Director Hinzman darified that it is 60 days per calendar year. When a sign is put up
the dock starts until those 60 days is expired.
Commissioner Mcinnis asked what the penalty of exceeding those 60 days would be.
Director Hinzman said that the person with the sign will receive a letter and if there is no
response it can be turned over to the City Attorney.
Commissioner Twedt asked who monitors the sings.
Director Hinzman responded that it is monitored by complaint bases.
Commissioner Truax pointed out that in the ordinance the blinking of illuminated signs is
addressed. He gives examples of Walgreen's, M&H, and Carbone's.
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 9 of 10
Director Hinzman clarified if the Commission was referring to LED interchangeable
sings.
Commissioner Mcinnis requested that he would like to see the sign applications for
illuminated lights go through the Planning Commission and the City Council before they
can be approved.
Chairman Twedt asked if it would be appropriate for City Council to discuss this.
Director Hinzman stated the Commission may wish to make a motion asking the City
Council to consider changes.
Planning Commission Action:
Commissioner Zeyen motioned to have City Council discuss the issue of
illuminated signs going through Planning Commission and City Council before
they are approved. Commissioner Mcinnis seconded.
Upon vote taken, Ayes: 6, Nays O. Motion passed.
B. Trail Crossings
Commissioner Mcinnis voiced concerns with safety crossings at various intersections
around the City and felt many of these intersections were not fit for roller bladers, bikers,
and pedestrians. Mcinnis stated that stripping crossings would get drivers attention and
make them slow down.
Director Hinzman said he had spoke with Tom Montgomery, Public Works Director, who
said that Dakota County is not in favor of stripping their County Roads but may consider
signage of roads.
Planning Commission Action:
Commissioner Mcinnis moved to recommend to City Council that we have
improved stripping at unsafe intersections or at the minimum implement safety
signage with the possibility blinking amber lights. Commissioner Peine
seconded.
Upon vote taken, Ayes: 6, Nays O. Motion passed.
C. Vermillion Street Corridor Meeting
City of Hastings
Planning Commission Minutes - July 31, 2006
Page 10 of 10
Director Hinzman informed the Commission that the next Vermillion Street Corridor
meeting would be Tuesday August 15, 2006. 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 at the fall of this year.
Commissioner Zeyen felt the plan for the Vermillion Street Corridor should be brought in
front of the Planning Commission so the public will get the chance to be aware of the
project.
Planning Director Hinzman said that when the plan is put together the City will get the
public reaction.
D. 2030 Comprehensive Plan
Director Hinzman informed the Commission that Metropolitan Council wants the City's
2030 Comprehensive Plan by 2008. Most of the work will be done in 2007 and some in
2006.
6. Adjourn
Commissioner Zeyen moved to adjourn the meeting and Commissioner Hiedeman
seconded.
The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Larry Phillips
Planning Intern
LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT
101 4th 5t E, Hastings, MN 55033 - Phone: 651.480.2350 - Fax: 651.437.7082
Applicant Name:
Address: II it;
.
Phone:
Fax:
Email:
Phone:
Fax:
__1.~Email: -
~ ~itdiOt'\ 1cv - / J!.c......_
Description of Request: :(~ ~~r- 'VUIdlllJl'1(
~ P.bJtv.. "t~i~
uv( I'}:JH ~d
If requesting site plan review of multi-family units (three or more attached), are the units
intended to be for sale or rental units?
Check Applicable Line(s)
Rezone $500
Final Plat $600
Variance $250
Vacation $400
House Move $500
Prelim Plat $500 + escrow
V Site Plan $500 + escrow
Please Note! All Fees and Escrows are due at time of application.
Minor Subdivision $500
Special Use Permit $500
Camp Plan Amend. $500
Lot Split/Lot Line Adj. $50
Annexation $500 plus legal expenses
EA W $500 plus $1,000 escrow
Please see reverse side for escrow amounts required.
Total Amount Due: $ ~.OOO
,
Make Checks payable to City of Hastings.
Please ensure that all copies of required documents are attached. See reverse side of this
application for information.
Applicant Signature
Date
Owner Signature
Date
~ M4nt)\/,&t
Applicant Name and Title - Please Print
OFFICIAL USE ONLY
File #
Fee Paid:
Owner Name - Please Print
03/28,105
Rec'd By:
Receipt #
Date Rec'd:
App. Complete
VIII-e-g
Patrick Moseng - Moseng Locksmithing Co. - Type II Home Occupation Request #2006-54
City Council Memo - November 20, 2006
Page 1
Memo
To:
Mayor Werner and City Council
From:
Karl Barker, Associate Planner
Date:
November 20, 2006
Subject:
Patrick Moseng - Type II Home Occupation License Review #2006 - 54- 413
East 18th Street
REQUEST
Patrick Moseng of Moseng Locksmith Co. has requested a Type II Home Occupation License to
operate a locksmith service in the garage of his home at 413 East 18th Street.
ACTION BY PLANNING COMMISSION
On November 13, 2006, the Planning Commission met on the aforementioned item. Schmitt
motioned to approve the Home Occupation License, seconded by Truax. The motion passed
(7-0). Please see attached meeting minutes for further information.
A TT ACHMENTS
. Location Map
. Application
. Questionnaire
. Home Occupation Regulations
. Photos of garage and inside of shop
. Aerial view of home
. Resolution
BACKGROUND INFORMATION
Comprehensive Plan Classification
The 2020 Comprehensive Plan designates the property as U-II, Urban Residential with 4-8 units/acre.
Zoning Classification
The subject property is zoned R-2, Medium Density Residential. Type II Home Occupations are a
permitted use upon review of Council.
Patrick Moseng - Moseng Locksmithing Co. - Type II Home Occupation Request #2006-54
City Council Memo - November 20, 2006
Page 2
Adjacent Zoning and Land Use
The home is bordered on all four sides by residential properties which are also zoned R-2, Medium
Density Residence. There is property zoned R-3 Medium High Density Residence to the east of the
property, located at the end of 17th and 18th streets.
Existing Condition
The existing home was built in 1958. A detached garage is located next to the home. The garage is
approximately 46 feet deep and 26 feet across.
HOME OCCUPATION REVIEW
Ordinance Requirements
Home occupations are regulated as either Type 1 or Type 2. Type 1- non-licensed home
occupations are allowed without a license. Type II licensed home occupations- require a license
and must be passed by Planning Commission.
Moseng Locksmithing Co. requires a Type II -licensed home occupation permit because the
home occupation is operated out of the garage. See the attached home occupation regulations for
more infonnation.
Outside Employees
Mr. Moseng has indicated that he is the only person who will be employed through the home
occupation.
Access and Parking
Mr. Moseng has indicated that he may have one customer at a time coming to the home by
appointment only. However, only 2% of sales occur at his home. Further, Mr. Moseng has parking
for 3-4 cars on his driveway.
Storage of Equipment
The locksmith shop is located in the rear, right comer of the garage (when facing the garage). The
shop is utilized for making keys, repairing locks, and storing hardware pertaining to locks and key
making. The shop also has a bathroom and a private entrance.
Signage
There does not appear to be any signage at the home or garage for the business.
Comments from Neighbors
Notice has been sent to neighboring residents. Staffhas not received any comments at this time.
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CITY OF HASTINGS - PLANNING DEPT.
101 41h St E., Hastings, MN 55033 - Phone:651.480.2350 - Fax:651.437.7082
Application for Home Occupation License
Applicant: r \ L '?- 0, 0 ~e V\ c . t IZ L
Business Name: l)) 0 s,-e. 1'\.) La U'-..3 (V'l l-v '^ ') Co,
Address: 4 ( 3 12 (;L S*- ' I ~ t-" St-~e.f- /
City: !4-~S+:n.JS State: j'Y\IVYr.". Zip: <;;50?3
Home Phone: (., ':>1-43 )-.2~~ Work Phone: G,/.1- ~Io - 07 3 (,;
Email: PtnOS..eV\4' @l,f)coSe",/ock.sJofY\Fax: fs, rrn-:2J'rT (<<./1 f"/~1
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Property Owner (If different from above):
Address:
City: State: _ Zip:
Home Phone: Work Phone:
Email: Fax:
Address of Proposed Home Occupation: Lf 13 EaS+- I ~"tlA Stre..e: +-
Legal Description:
PID:
Zoning Designation: ~ t. ,S : ~t.V\. ~'.'L l
Do you own or rent this property? 0 W ~\
If you do not own the property, you must attach written permission
from the property owner to operate the business at that location.
Please fill out this form and the attached questionnaire completely,
and return it to the Planning Dept., along with the $250 application
fee. The application review will not be scheduled for a Planning
Commission meeting until all required materials have been provided.
By signing this application, I declare that I have read Chapter 10,
Section 10. 12 Subd. 2d of the Hastings City Ordinance, and that all of
the information provided to the City of Hastings on this application, or
as a part thereof, is true and accurate to the best of my knowledge.
.prXkJ~ ,el,L
Signature of Applicant t (
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Date
2
CITY OF HASTINGS
Planning Dept. - 101 4th Sl E, Hastings MN 55033 - Phone 651.480.2350 - Fax 651.437.7082
Home Occupation Questionnaire
If additional space is needed to adequately answer any of the following
questions, answer on a separate sheet of paper. Please number your answer to
correspond with the question.
1. Describe the proposed home occupation:
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2. Describe the character of the surrounding properties:
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3. Of those who reside in the home, who will be employed in this home
occupation and what will their duties be?
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4. Will there be any people employed in the home occupation who do not live
in the home? If yes, describe the need for their employment, the number
of employees, their duties, and their hours of employment.
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5. In what part of the home will the home occupation be located? How will
customers/employees access the area?
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6. Will the home occupation be carried out in a garage, shed, or any other
part of the property other than the home? If yes, describe what activities
will take place in the garage/shed and/or what materials and in what
quantity will be stored in the garage/shed:
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7. What are the intended days and hours of this home occupation?
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8. How many customers will visit your home occupation at anyone time, on
any given day during any given week? If none, skip to Question 10.
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9.
Do you have off-street customer parking available at your home
occupation? If yes, attach a detailed drawing showing
capacity, type of parking surface, and dimensions of parking a ea: '~lJJi)r
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Will the home occupation require or involve any equipment not normally
found in the home? If yes, describe the equipment:
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11. Will the home occupation involve the sale of merchandise over the counter
that is produced off the property? If yes, describe the merchandise to be
sold:
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12. How long do you anticipate the home occupation will be operated at this
address?
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13. Are there any interior or exterior alterations required for this home
occupation? If yes, describe the interior and/or exterior alterations
required:
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14. Will the home occupation produce glare, noise, odor, or vibration that will
be noticeable outside the home? If yes, describe:
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15. Do you plan on displaying any signs advertising your home occupation? If
yes, attach a drawing of the proposed sign, including the size, materials,
color and location of the sign.
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16. Are there any licenses or permits that are required from any government
agencies to legally conduct this home occupation? If yes, list the licenses
or permits below:
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17. May the City inspect the property during the time this application is being
considered for approval?
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18. List any additional information concerning this home occupation that you
believe is necessary for consideration of your application:
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By signing this application, I declare that I have read Chapter 10, Section 10.12
Subd. 2d of the Hastings City Ordinance, and that all of the information provided
to the City of Hastings on this application, or as a part thereof, is true and
accurate to the best of my knowledge.
f~~,~
Signature of Applicant ~
10; 731 ?fJD~
Date' I
9/28/04
HOME OCCUPATION REGULATIONS:
Home Occupations are permitted in residential districts pursuant to the following
standards:
1.
2.
Purpose. The purpose of this section is to provide a means,
through the establishment of specific standards and procedures, by
which home occupations can be conducted in residential
neighborhoods. This section recognizes that home occupations that
are clearly incidental and subordinate to the primary residential use
of a structure may be conducted so long as they do not negatively
affect the residential character, health, safety, or general welfare of
the surrounding neighborhood. In addition, this section is intended
to provide a mechanism enabling a distinction between permitted
home occupations and conditional or customarily "more sensitive"
home occupations, so that permitted home occupations may be
allowed through an administrative process rather than a
quasijudicial hearing process.
General Regulations:
a. Exterior alterations or modifications that change the
residential character or appearance of the dwelling, any
accessory buildings, or the property itself for the purpose of
a home occupation shall be prohibited.
Exterior display or storage of equipment or materials related
to the home occupation is prohibited. No article for sale shall
be visible from the street.
There shall be no indication of offensive noise, vibration,
smoke dust, odors, heat, or glare at or beyond the property
line.
The home occupation shall be conducted indoors and shall
be clearly incidental and subordinate to its use for residential
purposes by its occupants.
The use shall not generate sewage of a nature or rate
greater than normally associated with a residential
occupancy nor shall it generate hazardous waste or solid
wastes at a rate greater than that normally associated with
residential occupancy.
No home occupation shall be allowed which jeopardizes the
health and safety of city residents.
Shipment and delivery of products, merchandise, or supplies
shall be limited to between 8:00 am and 6:00 pm.
h. No home occupation causing additional parking or
traffic th~n would be normally expected in a
residential neighborhood shall be conducted between
the hours of eight o'clock (8:00) P.M and seven
o'clock (7:00) A.M.
Only artides or services made or originating on the
b.
c.
d.
e.
f.
g.
I.
premises shall be sold to customers on-site, unless
such artides are incidental to a permitted home
occupation.
J. Only one (1) vehicle and one (1) trailer specifically
used for a home occupation are permitted to be
parked at the residence licensed for a home
occupation. The parking of these vehicles must be off-
street and in compliance with the Parking Regulations
of the City Code.
k. Signage may consist of not more than one single
faced unlighted wall sign per home with a maximum
area of two (2) square feet.
3. Type I - Non-licensed home occupations may be allowed without
a license if in compliance with the following regulations:
a. Compliance with General Regulations listed in Subd. 2
b. Persons engaged in operation of the home occupation are
limited to only those members of the family residing on the
premises.
c. Traffic generated by such a permitted home occupation shall
not exceed one vehicle at a time.
d. The Type I Non-Licensed home occupation shall remain in
effect provided it meets the requirements of this subdivision.
It shall be a misdemeanor to operate a Type I home
occupation in violation of this subdivision. Each day a
violation occurs is a separate offense and may be punished
as a separate misdemeanor.
4. Type II - licensed home occupations require a license to be
granted by the City Council. Type II - Licensed home occupations
must comply with the following conditions:
a. The Type II - Licensed home occupation fee shall be set by
resolution of the City Council.
b. The resident of the home must be chiefly involved in
conducting the home occupation. Persons not residing in the
home may be employed in the home occupation upon
approval by the City Council
c. No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a
residential neighborhood. Any need for parking generated
by the conduct of the home occupation shall be met off of
the street in accordance with Parking Regulations of the City
Code.
d. Accessory structures and garages may be used in the
operation of a home occupation upon approval by the City
Council and determination that its use will not negatively
affect the ability to store equipment and vehicles.
e. The process for Council review of Type II home occupations
requires the following:
i. Notification of all property owners within 350' of
proposed home occupation at least 10 days prior to
the Planning Commission meeting at which home
occupation is to be reviewed. The notice must provide
date of consideration before the Planning
Commission and indicate that parties may be heard to
consider the application. Failure of a property owner
to receive said notice shall not invalidate any such
proceedings as set forth within this Code.
ii. A fire safety inspection shall be required prior to
issuance of any home occupation license in any case
where the City Council allows the home occupation to
employ outside employees. The fire safety inspection
shall occur prior to any license renewal.
f. Transferability. Licenses shall not run with the land and shall
not be transferable.
g. Reconsideration. Whenever an application for a Type II
home occupation license has been considered and denied
by the City Council, a similar application for a license
affecting substantially the same property and use shall not
be considered again by the Planning Commission or City
Council for at least six (6) months from the date of its denial
unless a decision to reconsider such matter is made by not
less than six-sevenths (6/7) vote of the full City Council.
h. Renewal of Permits. An applicant shall not have a vested
right to a permit renewal by reason of having obtained a
previous permit. The previous granting or renewal of a
permit shall not constitute a precedent or basis for the
renewal of a license.
I. Inspection. The City hereby reserves the right upon issuing
any home occupation license to inspect the premises in
which the occupation is being conducted to ensure
compliance with the provisions of this Chapter or any
conditions additionally imposed. The City shall only have the
right of inspection in cases which the resolution of the
potential violation cannot be determined from outside the
bounds of the property~
j. The license year shall run from January 1 to December 31st.
The application fee and license fee shall be established by
resolution of the City Council.
k. It shall be a misdemeanor to operate a Type II home
occupation in violation of this subdivision. Each day a
violation occurs is a separate offense and may be punished
as a separate misdemeanor.
I. The Type II Licensed home occupation shall remain in effect
during the license year so long as it is operated in
compliance with the provisions of this subdivision. The City
Council may revoke the Type II license of any individual that
violated the provisions of this Subdivision. Before any Type II
license is revoked the holder of the license will be given a
hearing before the City Council, which hearing will be
preceded by 10 days mailed notice outlining the basis for the
revocation of the license. At the hearing the holder of the
license will be given an opportunity to address the council
regarding the alleged violations.
5. Home Day Care Centers are permitted without a license, per the
requirements of DakotalWashington County.
6. All home occupations in existence on the effective date of this
ordinance shall comply with all provisions of this ordinance within
180 days from this ordinance's effective date. The City Council
reserves all rights to modify this ordinance in the future as it may
deem appropriate. No home occupation operator, whether Type I or
Type II, shall acquire any vested rights to continue operation under
any ordinance provision that has been subsequently amended.
7. Violation is a Misdemeanor. It shall be a misdemeanor for anyone
to violate a provision of this Subdivision. Each day a violation
occurs is a separate offense and may be punished as a separate
misdemeanor.
View of the garage. I
View of the inside of the shop. I
Aerial View
413 East 18th Street
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING A TYPE II HOME OCCUPATION LICENSE FOR
MOSENG LOCKSMITH CO. AT 413 EAST 18th STREET
Council member
Resolution and
introduced the following
moved its adoption:
WHEREAS, Patrick Moseng ofMoseng Locksmith Co. has petitioned for a Type
II Home Occupation Permit to be operated out of 413 East 18th Street legally described as
Block 7, Lot 1 ofLeducs 41h Addition; 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) That the business be operated in compliance with the information provided by the
applicant. The applicant shall provide the Planning Department notice of changes
that expand the business (i.e. additional outside employees) to determine if the
business is operating within the confmes of the code.
2) That the business will be operated in compliance with the Home Occupation
regulations as established by the Hastings City Council.
3) That the Type II license will be in a probationary status for one year. When the
year is up, the Council will review the license and determine whether it should be
issued for the remaining two years.
4) Per the request of the Fire Marshall, a minimum ten-pound fIre extinguisher must
be located in the shop at all times.
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 2151 day of
August, 2006, as disclosed by the records ofthe City of Hastings on fIle and of record 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-C-1
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
November 16th, 2006
Marina Lease Agreement Extension
Recommended City Council Action
It is recommended that the City Council take action authorizing a renewal of the marina
lease agreement with Jim and Terry Plan for a period of five years, with an option to
renew for an additional five years. The rate would be set at $7,932 effective January 1,
2007 and increase by 3.00% each year thereafter.
Backl!round
In September, 199 the City extended the lease agreement with the Plan's until December
31,2006. Included in the lease payment at that time, was an amount of$2,581, as an
annual payment (seven year payment) for the Plan's share of public improvements in the
area of the marina. The payment for the improvements expires on December 31, 2006.
Recent discussions with Terry Plan, along with a recommendation from the Utilities
Committee, which addressed this topic at a meeting on November 151h, 2006 suggest
approval of an extension of the agreement wit the following terms:
a.) Five year extension, with an additional five year option.
b.) The 2007 rate would remain the same as it is in 2006 @ $7,932. The $2,581
would remain, but there would be no increase in bottom line payment in 2007.
c.) The 2008 rate, and each year thereafter would increase by 3.00% (the current
adjustment on an annual basis had been set at 2.5%)
d.) Other terms and conditions would remain the same.
Provided these terms are agreed to by the City Council, a revised agreement would be
prepared, distributed to e Plans, Mayor and City Clerk for signature.
.'
BOAT HARBOR LEASE
This Lease made this J day of ~$.9~ ,1999, by and between
the City of Hastings, a Minnesota municipal corporation, hereafter ("City"), Lessor; and
James Plan and Terry Plan, hereafter ("Plansn), Lessees.
WITNESSETH:
The City, in consideration of the rents and covenants of this Agreement, does
hereby lease to the Plans and the Plans do hereby lease from the City, the following
described property in the City of Hastings, Dakota County, Minnesota, for use as a small
boat harbor;
Commencing at the Northwest corner of Lot One (1), Block One Hundred
(100), Town of Hastings, then south to the South line of First Street;
thence East Thirty-three feet (33'); thence southeast to a point on the
East line of Lot One (1), Block One Hundred Thirteen (113), Seventy-five
feel (75') south of the Northeast corner thereof; thence south to the North
line of Second Street; thence east to the East line of Clay Street; thence
south to the South line of Second Street; thence East to the Vermillion
River; thence north and west along the Vermillion River and Mississippi
River to the place of beginning;
TO LEASE the same, just as they are, without liability or obligation on the part of
the City, to make alterations, improvements, repairs or dredging of the marina or channel,
except as provided herein.
1. TERM. The term of this Lease shall begin upon the date of this Lease and
continue through December 31,2006. The Plans are given an option to
renew this Lease for an additional five-year (5) period, as provided by this
Lease.
2. RENT. The Plans agree to pay the City annual rent in the amount of $6,673,
payable in advance. Rent shall be paid in advance, in full, by January 3rt! of
each year. There shall be an automatic rent increase each year of 2.5% of
the prior year's rent, unless a party informs the other, in writing, by July 1st
of the year prior to the next term, that a different rent payment should be
negotiated. In the event the parties cannot reach an agreement on the new
rental rates, the rates shall be increased by 2.5% and either party shall have
the right to terminate the Lease, so long as written notification is provided by
November 1 st of the year in which the rent adjustment is requested. If either
party terminates this lease as provided by this paragraph, the Lease shall
terminate on Decernber 31st of that year, subject to the Plans' right to remove
the property. as outlined by this Lease.
3. DEFAULT. In the event the Plans fail to make the rent payment as provided
herein, or fail to fulfill the other agreements of this Lease, then it shall be
lawful for the City to reenter and take possession of the above-described
premises and hold and enjoy the same without such reentering causing a
forfeiture of rents to be paid and the covenants to be performed by the Plans
for the full term of the Lease. -
4. ASSIGNMENT. The Plans shall not assign this Lease or sublet the boat
harbor property or any part thereof.
5. SURRENDER OF PREMISES. At the expiration of this Lease, the Plans
agree to quietly yield and surrender the above-described property to the City
in as good condition and repair as when the Plans took possession of it,
reasonable wear and tear and damage by the elements alone accepted.
Furthermore, it is agreed at the expiration of the Lease, or any extension
thereof, Plans shall have the privilege of removing all of their property from
the premises within one hundred and twenty (120) days after the termination
of this Lease.
6. CLAY STREET. The City agrees to maintain the grade on Clay Street as it
approaches the ramp. The City further agrees to maintain the present
parking facilities on and adjacent to Clay Street, which is adjacent to the
above-described property, as well as the blacktop approach ramp on the
premises.
7. HARBOR FACILITIES. The Plans agree to do the following:
A. Maintain adequate toilet facilities for the use of patrons of the small
boat harbor;
B. Comply with all applicable state and federal laws and regulations,
including, but not limited to, fire codes, safety codes, environmental
laws and regulations which are now in effect and which may come
into effect during the term of this Lease and any renewal;
C. Install and maintain adequate boat docks and slips for rental to
owners of small boats;
D. Maintain adequate lighting facilities on the docks and boat slips;
E. Maintain proper facilities for loading and unloading and launching
boats;
2
F. Complete all necessary cleanup and remediation of any hazardous
material spills according to federal, state, county and local standards
now in place, and as amended from time to time;
G. Comply with the Americans With Disabilities Act as it may apply to this
facility; and -
H. Keep all docks, slips and other harbor facilities in good repair and
condition.
8. GOVERNMENT APPROVAl. The Plans agree that in the event they wish
to construct improvements that require the approval of any governing body,
they shall receive approval prior to the time they begin constructing the
improvements on the premises. All improvements shall be submitted in
writing to the City for approval before construction begins, and approval must
be obtained from the City before construction is actually undertaken. The
City reserves all discretion on whether to approve any proposed
improvements.
9. INSURANCE. The Plans agree to maintain public liability insurance during
the entire term of this Lease, in the minimum amounts of Two Million Dollars
per person; Two Million Dollars per occurrence for personal injury or death
and Two Million Dollars for property damage. The Plans further agree to
provide proof of insurance to the City and to list the City of Hastings as an
additional insured on all required insurance policies. Proof of insurance must
be provided at the time of signing and at other times as may be requested
by the City.
10. HAZARDOUS MATERIALS INSURANCE. By June 1, 1997, the Plans
agree to purchase pollution liability insurance in the minimum amount of two
million dollars. The City shall be listed as an additional insured on the
pollution liability insurance. The Plans shall provide the City with a certificate
of insurance. The insurance required by this paragraph shall be placed with
a company licensed to do business in Minnesota. The amount of this
insurance shall be increased by the Plans if the City, in its sole discretion,
deems it necessary during the term of this lease.
11. DREDGING. The Plans agree that the City shall not be responsible for any
costs associated with the dredging of the boat harbor or channel.
12. EQUAL OPPORTUNITY. The Plans agree not to discriminate against
persons wishing to use the harbor facility on the basis of race, color, creed,
religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or familial status.
3
13. TAXES. The Plans shall be responsible for all taxes associated with the
property, whether now in effect or which may be imposed in the future. This
includes, but is not limited to, any real estate taxes, payments in lieu oftaxes
and personal property taxes.
14. OPTION. The City grants the Plans a first option to renew this- Lease for one
additional five-year (5) term upon the expiration of the initial five-year (5)
term. Any such renewal shall be upon the same terms and conditions
contained in this Lease, except that the City reserves the right to renegotiate
the rent provision. To exercise this option, the Plans must notify the City in
writing of their intention to renew this Lease no sooner than eight months
and no later than six months prior to the termination of the initial five-year (5)
term. Immediately thereafter, the City and the Plans shall enter into
negotiations regarding the rent to be paid to the City during the second five-
year (5) term. In the event that an agreement on the rent cannot be reached
between the parties one month prior to the expiration of the initial term, then,
in that event, this option shall expire and this Lease shall terminate at the
end of the initial term. In such event, the Plans shall be able to remove their
property from the leased premises, as provided herein.
IN TESTIMONY WHEREOF, both parties have hereunto set their hands the
day and year first above written.
LESSOR: CITY OF HASTINGS,
A Minnesota Municipal Corporation
BY:~ >-->--
Michael D. Werner, Mayor
By: \ jtl1AJ1t.-c7
-
Melanie Mesko, City Clerk
(SEAL)
4
'.
LESSEES:
By: 9.P~ Iff/'---
James Plan
.-----
By: A~~- ./L
~.
Terry Plan
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
. ,i The foregoing instrument was acknowledged before me this 1fJ) day of
~k1A) ,1991. by Michael D. Werner and Melanie Mesko, the Mayor and City
Clerk of the City of Hastings, a Minnesota Municipal Corporation, Lessor.
. .
I ADELINE E. SCHROEDER I
NOTARY PUBLIC - MINNESOTA
My Cornm. Expires Jan. 31, 2000
. h..."........."'...t'\!t.. ..^......^~~."".'\I'V'tI'V.
(A!t;~y/ L~~//Ah/
Notary Public /
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
.
1 SANDRA M. SENDEK ,.
'JOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
... My ~ Expires Jan. 31.2000
\1\............. -... ............... ..."'........ ._-vv-&
The foregoing instrument was acknowledged before me this ,:7(,3 day of
< ,,; ~ .f) -I,. m br /' ,199 J,' by James Plan and Terry Plan, Lessees.
r
~L&"M
Notary Public
/7
L~.~
' ",.-. -'
_ ..'-,' _ t--tS-LC"
5
City of Hastings
Council Meeting
Agenda
Item Administration
Action: Marina Lease Agreement
Council Meeting
Date
20-Nov-06
r=
Moratzka
Schultz
Riveness
Mayor Werner
Hazlet
Alongi
Hicks
Motion
Second
1=
Discussion on Item:
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