Loading...
HomeMy WebLinkAbout09-04-01 CITY OF HASTINGS Tuesday COUNCIL MEETING 7:00 P.M. DATE: September 04, 2001 I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes of the Regular Meeting of August 20, 2001 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay All Bills As Audited 2. Approve Application for One-Day Gambling Permit for Hastings Hockey Boosters—December 5, 2001 at the Hastings Civic Arena 3. First Reading & Schedule Public Hearing—Cable Television Franchise Ordinance 4. Mainstreet Festival Street Closing 5. 2001 Budget Adjustments 6. Industrial Park Land Sale—Forpack Final Approval 7. Industrial Park Land Sale—Hastings Gymnastics Academy Final Approval 8. Approving 2002 MnDOT Transit Funding VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award Contract—Ice ResurFacer for Civic Arena 2. Public Hearing—New Assessment Ordinance 3. Public Hearing—Zoning Code Amendment: Sign Ordinance Revisions VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Approve Second Reading of New Assessment Ordinance B. City Planner 1. Approve Second Reading—Zoning Code Amendment: Sign_ Ordinance Revisions 2. Table Item—Site Plan for Tom Thumb 3. First Reading & Schedule Public Hearing —Rezoning Featherstone Road (A:Agriculture to R-3:Medium High Density Residence) 4. Site Plan—Sunset Homes (Century South) 5. Site Plan—River Street 6. Variance (Non-Conforming Building)-2020 Forest Street 7. Variance (Accessory Structures)-115 17th Street West 8. Development Agreement—Riverdale 9. Preliminary Plat/Master Plan—Dakota Summit 10. Final Plat--Dakota Summit 11. Site Plan—Wal-Mart C. Administrator IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next Regular City Council Meeting on Monday, September 17, 2001 CITY OF HASTINGS Tuesday COUNCIL MEETING 7:00 P.M. DATE: September 04, 2001 I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes of the Regular Meeting of August 20, 2001 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay All Bills As Audited 2. Approve Application for One-Day Gambling Permit for Hastings Hockey Boosters—December 5, 2001 at the Hastings Civic Arena 3. First Reading & Schedule Public Hearing—Cable Television Franchise Ordinance 4. Mainstreet Festival Street Closing 5. 2001 Budget Adjustments 6. Industrial Park Land Sale—Forpack Final Approval 7. Industrial Park Land Sale—Hastings Gymnastics Academy Final Approval 8. Approving 2002 MnDOT Transit Funding VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award Contract—Ice Resurfacer for Civic Arena 2. Public Hearing—New Assessment Ordinance 3. Public Hearing—Zoning Code Amendment:Sign Ordinance Revisions VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Approve Second Reading of New Assessment Ordinance B. City Planner 1. Approve Second Reading—Zoning Code Amendment: Sign Ordinance Revisions 2. Table Item—Site Plan for Tom Thumb 3. First Reading & Schedule Public Hearing —Rezoning Featherstone Road (A:Agriculture to R-3:Medium High Density Residence) 4. Site Plan—Sunset Homes (Century South) 5. Site Plan—River Street 6. Variance (Non-Conforming Building)-2020 Forest Street 7. Variance (Accessory Structures)-115 17th Street West 8. Development Agreement—Riverdale 9. Preliminary Plat/Master Plan—Dakota Summit 10. Final Plat--Dakota Summit 11. Site Plan—Wal-Mart C. Administrator IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next Regular City Council Meeting on Monday, September 17, 2001 1 Hastings,Minnesota August 20,2001 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 20, 2001 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East,Hastings, Minnesota Members Present: Councilmembers Hazlet, Schultz, Moratzka, Riveness & Yandrasits Acting Mayor Hicks Members Absent: Mayor Werner Staff Members Present: David Osberg, City Administrator Shawn Moynihan, City Attorney; Matt Weiland,Planning Director; Tom Montgomery,Public Works Director; Mike McMenomy, Police Chief; Mark Holmes,Fire Chief; John Grossman,HRA Director; Stephanie Nornes,MIS Coordinator; and .Melanie Mesko,Administrative Assistant/City Clerk Approval of Minutes Acting Mayor Hicks asked if there were any corrections or additions to the minutes of the regular meeting of August 6, 2001. Hearing none, the minutes were approved as presented. Council Items to be Considered Moved by Councilmember Riveness, seconded by Councilmember Hazlet to add Item 1 under Public Works: 4th Street&General Sieben Drive. 6 Ayes;Nays,None. High School Alcohol Awareness Program Recognition Acting Mayor Hicks thanked the participants for coordinating this event. On behalf of the Council,he presented certificates of recognition to the participants. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Schultz, to approve the Consent Agenda as presented. 6 Ayes;Nays,None. Copy of resolutions on file. 1. Pay All Bills As Audited f Minutes of the Regular Meeting of August 20,2001 Page 2 of 5 _ 2. Approve Renewal of the Knights of Columbus 2001-2003 Gambling Premise Permit, located at the Columbian Hall, 3075 Vermillion Street 3. Approval of 2001/2002 Amusement Device Licenses 4. Approve Capital Outlay Reallocation from Elevator Repairs: City Hall to Office Chairs: Police Department 5. Joint Maintenance Facility—Change Order#1: SAC/WAC Fees 6. Dakota County Letter of Support for County Road#42 Trail 7. T-21 Grant Application for Pedestrian/Bike Bridge across Vermillion River from C.P.Adams Park to Progress Drive 8. Pay Estimate#1,2001 Improvement Program,Richard Knutson, Inc., $405,175.16 9. Pay Estimate#3, Lock and Dam#2 Access and Riverfront Trail Improvements, Holst Construction, $304,440.63 10. First Reading/Order Public Hearing for New Assessment Ordinance 11. Agreement for Acquisition of Utility Easements—Project 2001-9: Century South Utility Extensions - 12. Mississippi Mayors Flood Summit 13. Resolution—Livable Communities Program 14. Approve HEO Position Description 15. Request for Waiver of a Penalty Award Contract—Project 2001-9: Century South Utility Extensions Moved by Councilmember Moratzka, seconded by Councilmember Riveness to award the contract for Project 2001-9, Century South Utility Extensions to S.J. Lewis Construction in the amount of$259,711. 6 Ayes;Nays,none. Preliminary Plat/Master Plan: Dakota Summit& Site Plan—Wal-Mart Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to table these items until the September 4, 2001 Council meeting. 6 Ayes;Nays,none. Public Hearing—Road Easement Vacation (Conzemius Dairy Farm/Dakota Summit Plat) Acting Mayor opened the public hearing at 7:12 p.m. Hearing no comments, the public hearing was closed at 7:13 p.m. Road Easement Vacation (Conzemius Dairy Farm/Dakota Summit Plat) Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to approve the road easement vacation as presented. 6 Ayes;Nays, none. Public Hearing—Conzemius Farm Rezoning Minutes of the Regular Meeting of August 20,2001 Page 3 of 5 Planning Director Weiland stated that the Planning Commission recommended approval of the rezoning of this property from A:Agriculture to C-4:Regional Shopping Center at their July 23, 2001 Planning Commission meeting. Acting Mayor opened the public hearing at 7:16 p.m. Harold Featherstone expressed concern about a proposal to relocate a Wal-Mart store on this site. Mary Featherstone expressed concern about the size of any building on this site. Hearing no further comments, the public hearing was closed at 7:23 p.m. Final Reading—Conzemius Farm Rezoning Councilmember Yandrasits stated that this action is consistent with the City's Comprehensive Plan and this property has been guided as commercial development. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to approve the final reading for the rezoning. 6 Ayes;Nays,none. 4th Street& General Sieben Drive Moved by Councilmember Riveness, seconded by Councilmember Hazlet to order a traffic study of this area as recommended by the Public Safety Committee. 6 Ayes;Nays,none. First Reading & Order Public Hearing—Zoning Ordinance Amendment: Sign Ordinance Revisions Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the first reading and order a public hearing for September 4, 2001, with staff directed to meet with the Planning Committee and representatives from the business community to discuss the proposed changes. 6 Ayes;Nays,none. Special Use Permit—Hastings Gymnastics Center Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to approve the special use permit as presented. 6 Ayes;Nays,none. Variance-200-202 Seventh Street East Planning Director Weiland stated that the applicant is requesting a setback variance and for approval to continue to use the property as a duplex. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to approve the setback variance with the conditions listed in the August 16, 2001 Planner's report. 6 Ayes;Nays, none. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the lot size interpretation to allow a duplex on the site. 6 Ayes;Nays, none. Shoreland Variance-623-629East 2nd Street Minutes of the Regular Meeting of August 20,2001 Page 4 of 5 _ Planning Director Weiland stated that the Planning Commission recommended denial of the shoreland variance because the applicant-has not demonstrated a hardship unique to the property. Moved by Councilmember Moratzka, seconded by Councilmember Schultz to deny the variance request. 6 Ayes;Nays,none. Final Plat—Century South Planning Director Weiland stated that the Planning Commission recommended approval of the final plat at their August 13, 2001 meeting with the conditions outlined in the Planner's August 15, 2001 report. Weiland stated that staff is also recommending an . additional condition to add a 5 foot trail easement on the south side of 36th Street as part of the approval. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the final plat with the conditions in the Planners report and the additional condition recommended by staff. 6 Ayes;Nays,none. Preliminary Pat—South Pines IV Planning Director Weiland stated that traffic concerns had been addressed and that the Planning Commission recommended approval of the preliminary plat at their August 13, 2001 meeting with the 25 considerations listed in the Planner's August 15, 2001 report. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to amend the motion to clarify that the City is not making any commitments regarding annexation of the 40 acres currently outside the City,but owned by the developer. 5 Ayes;Nays,none. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the preliminary plat with the conditions listed in the Planner's report and as amended. 6 Ayes;Nays,none. Final Plat—Pleasant Valley 11th Addition Moved by Councilmember Riveness, seconded by Councilmember Moratzka to approve the final plat as presented. 6 Ayes;Nays,none. Appeal of Historic Preservation Commission Decision-402 West 2nd Street HRA Director Grossman stated that the HPC recommended denial to a request for a permit for vinyl siding at this address, as that is not an approved material for a contributing building in the National Register Historic District. The HPC has recommended maintenance and repair of existing cedar shake siding or the clapboard. David Storholm stated that the house is being damaged by the gaps in the current siding. Vinyl siding would only be used if the existing shakes or clapboard could not be repaired at a reasonable cost. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to deny the issuance of a building permit for vinyl siding for 402 West 2nd Street. 6 Ayes;Nays,none. - Minutes of the Regular Meeting of August 20,2001 Page 5 of 5 Cable TV Franchise Renewal Ordinance Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to table this item. 6 Ayes;Nays,none. Wide Area Network Underground Fiber Installation Moved by Councilmember Moratzka, seconded by Councilmember Riveness to approve the installation of the fiber from City Hall to the Fire Department and the Police Department. 6 Ayes;Nays,none. Comments from Audience Herman Gast, Jr. questioned a letter he received regarding a proposed auction at his property. Staff was directed to work with Mr. Gast regarding this issue. Reports from Councilmembers Councilmember Moratzka thanked the Hastings Garden Club for all the work they do around the community. Adjournment Moved by Councilmember Hazlet, seconded by Councilmember Yandrasits to adjourn the meeting at 9:14 p.m. 6 Ayes;Nays,None. ATTEST Acting Mayor City Clerk i Date: 08/29/2001 Time: 15:07:30 Operator: LYNNE BENSON Page: 1 CITY OF HASTINGS ♦ 1-1 FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 819.65 OTTO EXCAVATING, INC UNUSED STREET OPENING PE 50.00 Total for Department 869.65* M.I.S. COMP USA INC. TRAINING CD'S 2.48 Total for Department 160 2.48* COUNCIL MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 52.50 Total for Department 6011 52.50* ADMINISTRATION IST CLASS PRINT SUPP REPLACMT LASERJET PRINTE 44.99 ADMINISTRATION CORPORATE EXPRESS FOLDERS/ENVELOPES/PRINT 348.33 ADMINISTRATION CORPORATE EXPRESS PENS/POST IT FLAGS 15.19 ADMINISTRATION CORPORATE EXPRESS PRINTER RIBBONS/BINDERS/ 56.03 ADMINISTRATION CORPORATE EXPRESS RACKS 63.79 T^MINISTRATION CORPORATE EXPRESS RETURN RACKS -31.90 iNISTRATION CORPORATE EXPRESS RIBBON/RCPT PRINTER 40.83 ADMINISTRATION CORPORATE EXPRESS SHARPENER/MARKERS 48:64 ADMINISTRATION CORPORATE EXPRESS TAPE/BINDERS/RACKS 183.94 ADMINISTRATION FARMER BROS CO. COFFEE 23.92 ADMINISTRATION FORTIS BENEFITS INS SEPT LTD 69.65 ADMINISTRATION GOVT TRAINING SERVIC MACA/MCMA CONF OSBERG. 207.00 ADMINISTRATION IOS CAPITAL COPY MACHINE 368.25 ADMINISTRATION IKON OFFICE SOLUTION FAX MACHINE 378.00 ADMINISTRATION MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 26.25 Total for Department 6020 1,842.91* CITY CLERK FORTIS BENEFITS INS SEPT LTD 19.25 CITY CLERK HASTINGS STAR GAZETT CHAPTER 10 ZONING ORD 21.75 CITY CLERK HASTINGS STAR GAZETT CHAPTER 6 & 12TH ST UTIL 21.75 CITY CLERIC HASTINGS STAR GAZETT LEGAL ADS 172.00 CITY CLERK HASTINGS STAR GAZETT ORDINANCE 457 29.00 CITY CLERK LATHAM, CAROL MILEAGE TO SEMINAR 24.15 CI'T'Y CLERK LATHAM, CAROL REIMBURSE BOOK 13.79 C CLERK MESKO, MELANIE LUNCH-MAUMA 15.00 CITY CLERK MESKO, MELANIE MILEAGE 81.42 CITY CLERK MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 4.95 CITY CLERK SKILLPATH SEMINARS SEMINAR-LATHAM 149.00 Total for Department 6040 552.06* ELECTIONS MESKO, MELANIE MILEAGE 13.11 Total for Department 6041 13.11* FINANCE AMERICAN PAYROLL ASS MEMBERSHIP 10/31/01-10/3 155.00 FINANCE FORTIS BENEFITS INS SEPT LTD 91.42 FINANCE MN TREASURY MANAGEME MEMBERSHIP CHAR STARK 75.00 FINANCE MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 37.50 FINANCE STARK, CHARLENE GFOA LUNCHEON 38.46 Total for Department 6050 397.38* M.I.S. Department COMP USA INC. TRAINING CD'S 47.27 } Date: 08/29/2001 Time: 15:07:31 Operator: LYNNE BENSON Page: 2 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ N.I.S. Department MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 7.50 N.I.S. Department SOLUTIONS 4SURE INC. CD REWRITER BACKPACK 260.24 Total for Department 6070 315.01* CITY FACILITIES CRAWFORD DOOR CO. 24 VOLT RELAY 15.98 CITY FACILITIES CRAWFORD DOOR CO. WATERPROOF MICRO SWITCH 36.45 CITY FACILITIES FORTIS BENEFITS INS SEPT LTD 13.46 CITY FACILITIES GORDY'S GLASS GLASS 30.42 CITY FACILITIES GRAINGER, W.W. INC. BALLAST 133.80 CITY FACILITIES GRAINGER, W.W. INC. EXIT SIGN 48.61 CITY FACILITIES GRAINGER, W.W. INC. SAFETY SWITCH 63.12 CITY FACILITIES MAINTENANCE ENGINEER 150T4Q 740.91 CITY FACILITIES MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 101.05 CITY FACILITIES MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 7.50 CITY FACILITIES ORKIN PEST CONTROL AUGUST SERVICE - 82.05 CITY FACILITIES R & 0 ELEVATOR CO. I SEPT SERVICE 147.00 CITY FACILITIES SCHILLING PAPER CO. PAPER SUPPLIES 113.34 CITY FACILITIES SUPERIOR LAMP & SUPP BULBS 702.58 CITY FACILITIES T.D.'S CLEANING AUGUST CLEANING POLICE D 1,150.80 CITY FACILITIES TERRY'S ACE HARDWARE FUSES 11.69 CITY FACILITIES TERRY'S ACE HARDWARE VACUUM PARTS 4.14 CITY FACILITIES TOWER CLEANING SYSTE CITY HALL CLEANING AUGUS 1,196.21 CITY FACILITIES XCEL ENERGY MONTHLY ELECTRICITY 1,259.06 Total for Department 6080 5,858.17* CITY FACILITIES LIGH MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 46.43 Total for Department 6081 46.43* PLANNING FORTIS BENEFITS INS SEPT LTD 36.54 PLANNING MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 13.88 Total for Department 6090 50.42* POLICE AMOCO OIL CO FUEL 39.38 POLICE ANDERSON, MARY JO UNIFORM PURCHASE ALLOWAN 300.00 POLICE BOISE CASCADE OFFICE CLOCKS 52.19 POLICE BOISE CASCADE OFFICE TONER 56.45 POLICE BOUND TREE/NORTH AME FIRST AID ITEMS 81.20 POLICE BUREAU OF CRIMINAL A CONFERENCE - RGNONTI 175.00 POLICE BUREAU OF CRIMINAL A TRAINING-RGNONTI/TOLLEFS 120.00 POLICE CITY OF ST. PAUL BIKE SCHOOL; CONNELL & J 450.00 POLICE COMP USA INC. COMPUTER SWITCH 138.88 POLICE EMERGENCY VEHICLE SU INSTALL MDT 158.08 POLICE EMERGENCY VEHICLE SU INSTALL MDT/LIGHT BAR 310.39 POLICE FORTIS BENEFITS INS SEPT LTD 454.18 POLICE GREAT LAKES FIRE & S RECOGNITION ITEMS 512.14 POLICE MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 2.85 POLICE NEXTEL COMMUNICATION CELL PHONE - POLICE 784.34 POLICE ON TRACK BIKE & SKI BIKE REPAIR 440.11 POLICE PITNEY BOWES DICTATION SYSTEM 742.00 POLICE TERRY'S ACE HARDWARE KEYS-BIKES 16.58 Date: 08/29/2001 Time: 15:07:32 Operator: LYNNE BENSON Page: 3 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ POLICE TRAFFIC CONTROL CORP OPTICOM FOR SQUAD 319.50 POLICE U.S. INTERNET MONTHLY FEE 44.95 POLICE WALMART COMMUNITY BR TAPES / BATTERIES 89.82 Total for Department 6210 5,288.04* CRIME WATCH/PREVENTI NAT'L ASSN OF TOWN W NAT'L NIGHT OUT ITEMS 894.29 Total for Department 6215 894.29* BUILDING BAKKEN, THOMAS REIMBURSE ICBO MTG 15.00 BUILDING FORTIS BENEFITS INS SEPT LTD 63.20 BUILDING LAKE COUNTRY CHAPTER ICBO SEMINAR BLDG INSP 700.00 BUILDING LAKE COUNTRY CHAPTER ICBO SEMINAR CODE ENFORC 175.00 BUILDING MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM -9.90 BUILDING NEXTEL COMMUNICATION CELL PHONE - ICE 112.67 Total for Department 6240 - 1,055.97* ANIMAL CONTROL SHAMROCK ANIMAL CLIN ANIMAL POUND 7/15-8/15 453.00 Total for Department 6270 453.00* ENGINEERING FORTIS BENEFITS INS SEPT LTD 72.40 ENGINEERING GURNEY, DAVID HANDHELD GPS 127.24 ENGINEERING GURNEY, DAVID PARKING 6.00 ENGINEERING GUSTAFSON, ANDREA MILEAGE 20.70 ENGINEERING MN DEPT OF TRANSPORT ENGINEERING SPEC MANUALS 85.00 ENGINEERING MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 35.00 ENGINEERING NORTHSTAR REPRO PROD COLOR BOND 99.86 ENGINEERING SEH ENGINEERS GIS TRAINING GUSTAFSON 222.00 ENGINEERING WALMART COMMUNITY BR FLASHLIGHT 3.73 Total for Department 6311 671.93* STREETS ANDERSEN, E.F. & ASS SIGNS 428.56 STREETS COMMERCIAL ASPHALT C 2 PAILS TACK 51.12 S- -'ETS COMMERCIAL ASPHALT C 7.03 TON ASPHALT 200.65 S ETS COOK, JORDAN SAFETY BOOTS 50.00 STREETS DIAMOND VOGEL PAINT YELLOW PAINT 291.70 STREETS DRESSER TRAP ROCK IN 3/8" CHIPS 1,994.74 STREETS FORTIS BENEFITS INS SEPT LTD 124.71 STREETS G & K SERVICES MATS & TOWELS 95.13 STREETS GRAYBAR ELECTRIC GE LAMP LEVITON 8.82 STREETS MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 35.83 STREETS MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 67.50 STREETS NINE EAGLES PROMOTIO SHIRTS - TERRY M 240.00 STREETS NINE EAGLES PROMOTIO SHIRTS-PAUL M 240.00 STREETS SOLBERG AGGREGATE CO RIP RAP 90.68 STREETS SPECIALIZED TURF SOD SOD 46.59 STREETS TERRY'S ACE HARDWARE DIE 1-7/16" 9.36 STREETS TERRY'S ACE HARDWARE FASTENERS/NUTSETTER 22.62 STREETS TERRY'S ACE HARDWARE NO TRESPASSING SIGN 5.50 STREETS TERRY'S ACE HARDWARE RSTP SPRY '12.43 STREETS TERRY'S ACE HARDWARE RULE TAPE/CHALK POWDER 17.97 Date: 08/29/2001 Time: 15:07:32 Operator: LYNNE BENSON Page: 4 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ STREETS TERRY'S ACE HARDWARE SAW HOLE/DRILL HIT/CHAIN 26.11 STREETS UNITED BUILDING CENT PAINTED LATHE 25.54 STREETS UNITED BUILDING CENT POINTED LATHE 63.85 STREETS WAHLSTROM, LAVERNE C STEPS 1017 PINE ST 975.00 STREETS WALMART COMMUNITY BR CARE CLELANER, FLAGS, SU 33.04 STREETS WASH.CNTY TREASURER RETURN PMT RC'D IN ERROR 738.16 STREETS XCEL ENERGY MONTHLY ELECTRICITY 381.41 Total for Department 6312 6,277.02* STREET LIGHTING GRAYBAR ELECTRIC GE LAMP LEVITON 126.06 STREET LIGHTING RADKE ELECTRIC REPAIR LIGHT 61/15TH STR 125.00 STREET LIGHTING XCEL ENERGY MONTHLY ELECTRICITY 1,703.07 Total for Department 6313 1,954.13* Senior Center FIRST NAT'L BANK SENIOR CENTER 1,527.35 Senior Center RAYCO CONSTRUCTION, SR CENTER ROOFING PROJEC 8,784.00 Total for Department 6521 10,311.35* Reforestation MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 3.75 Total for Department 6612 3.75* RETIREE'S HEALTH INS MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 79.08 Total for Department 6922 79.08* Total for Fund 101 36,988.68* PARKS AND RECREATION GRAPHIC DESIGN PUNCH CARDS 19.17 Total for Department 401 19.17* PARKS/RECREATION FORTIS BENEFITS INS SEPT LTD 124.31 PARKS/RECREATION IOS CAPITAL COPY MACHINE 172.53 PARKS/RECREATION LEEF BROTHERS, INC. TOWELS 66.99 PARKS/RECREATION MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 43.59 PARKS/RECREATION MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 58.73 PARKS/RECREATION NEXTEL COMMUNICATION'CELL PHONE - PARKS 225.68 PARKS/RECREATION RADKE ELECTRIC TEMP TRAILER FOR PARKS D 738.95 PARKS/RECREATION RENT 'N' SAVE PORTAB PORTABLE REST ROOMS 318.00 PARKS/RECREATION RENT 'N' SAVE PORTAB SALES TAX 8.27 PARKS/RECREATION SIMPLOT PARTNERS FERTILIZER 2,060.19 PARKS/RECREATION SPECIALIZED TURF SOD SOD 159.75 PARKS/RECREATION TERRY'S ACE HARDWARE CONN WIRE/NIPPLES 5.72 PARKS/RECREATION TERRY'S ACE HARDWARE COUPLING 3.17 PARKS/RECREATION TERRY'S ACE HARDWARE TEFLON PASTE/COUPLE/NIPP 13.36 PARKS/RECREATION TESSMAN SEED INC GRASS SEED 115.13 PARKS/RECREATION THERMOGAS CO OF HAST 20# CYLINDER FILL 13.85 PARKS/RECREATION UNITED BUILDING CENT CONCRETE MIX 5.30 PARKS/RECREATION UNITED BUILDING CENT TREATED PINE 28.97 PARKS/RECREATION UNITED RENTALS RENT CANOPE/TABLE/CHAIRS 370.83 PARKS/RECREATION XCEL ENERGY MONTHLY ELECTRICITY 1,533.27 Total for Department 6520 6,066.59* Date: 08/29/2001 Time: 15:07:33 Operator: LYNNE BENSON Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Fund 200 6,085.76* AQUATIC CENTER AMERICAN RED CROSS LIFEGUARD TRAINING FEE 145.00 AQUATIC CENTER MILLER ELECTRICAL I POWER OUTAGE-POLE RECEPT 174.46 AQUATIC CENTER MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 1,177.74 AQUATIC CENTER O'CONNOR PLBG & HEAT PLUMBING SERVICE 1,543.00 AQUATIC CENTER TERRY'S ACE HARDWARE BOLT CUTTER/MORTAR THINS 25.54 AQUATIC CENTER TERRY'S ACE HARDWARE FASTENERS/NUTS 2.72 AQUATIC CENTER TERRY'S ACE HARDWARE NUT LOCK/BOLT 1.30 AQUATIC CENTER WALMART COMMUNITY BR POOL SUPPLIES 106.18 AQUATIC CENTER WALMART COMMUNITY BR POOL; SUPPLIES 41.98 Total for Department 6511 3,217.92* Total for Fund 201 3,217.92* ,. ,ZARCH GRANT MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 1.13 Total for Department 6637 1.13* HISTORIC PRESERVATIO MN HISTORICAL SOCIET REG HPC CONF BOLER/LANGE 130.00 Total for Department 6638 130.00* HP HASTINGS AREA CHAMBE HISTORIC WALKING TOUR MA 1,000.00 Total for Department 6639 1,000.00* PIONEER ROOM IOS CAPITAL COPY MACHINE 174.22 Total for Department 6641 174.22* Total for Fund 210 1,305.35* FIRE AMOCO OIL CO GASOLINE 16.95 FIRE BIRCHEN ENTERPRISES FUEL 33.80 FIRE DANKO EMERGENCY EQUI SUSPENDERS 134.07 F- FAIR OFFICE WORLD OFFICE SUPPLIES 160.94 F. FORTIS BENEFITS INS SEPT LTD 133.29 FIRE IOS CAPITAL COPY MACHINE 180.50 FIRE JEFFERSON FIRE & SAF EMS MANUALS 152.06 FIRE MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 69.92 FIRE MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 90.00 FIRE MOTOR PARTS SERVICE BULBS 9.23 FIRE MOTOROLA PAGER BATTERIES 93.19 FIRE WALMART COMMUNITY BR CARTS 136.19 FIRE WALMART COMMUNITY BR SUPPLIES 264.40 FIRE XCEL ENERGY MONTHLY ELECTRICITY 1,137.82 Total for Department 6220 2,612.36* AMBULANCE BAKER TERRANCE OVERPAYMENT CALL 2001058 292.99 AMBULANCE EMERGENCY APPARATUS REPAIRS AMBULANCE 1463 3,984.67 AMBULANCE HAHN LUANN OVERPAYMENT CALL 2001021 754.80 AMBULANCE PARR EMERGENCY,INC AMBULANCE SUPPLIES 55.80 AMBULANCE TERRY'S ACE HARDWARE HEARING PROTECTION 13.30 Date: 08/29/2001 Time: 15:07:34 Operator: LYNNE BENSON Page: 6 CITY OF HASTINGS FM Entry -Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ AMBULANCE TERRY'S ACE HARDWARE NOZZLE/FASTENERS 15.33 AMBULANCE TERRY'S ACE HARDWARE SHIPPING 10.75 AMBULANCE USSATIS, BRIAN OVERPMT CALL 20010817 589.12 Total for Department 6230 5,716.76* Total for Fund 213 8,329.12* OTHER SERVICES/CHARG OTTO EXCAVATING, INC FLOOD CLEANUP E 4TH ST B 34,310.00 Total for Department 6700 34,310.00* Total for Fund 400 34,310.00* PARKS AND RECREATION U.S. BANK GO PUBLIC FACILITY BONDS 462.50 Total for Department 401 462.50* ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G GREENWAYS REPORT/PLAN PR 1,145.18 ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G IRRIGATION COORDINATION 416.56 ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G RIVERFRONT INTERPRETIVE 1,671.31 ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G WALLIN PARK 617.50 Total for Department 6072 3,850.55* CP ADAMS PARK UNITED BUILDING CENT TIMBER/SPIKES 88.98 Total for Department 6720 88.98* ROADSIDE PARK HOISINGTON KOEGLER G ROADSIDE PARK 1,715.61 ROADSIDE PARK MIRACLE RECREATION E PLAYGROUND EQUIPMENT 5,496.70 Total for Department 6772 7,212.31* VETS BIKE TRAIL BARR ENGINEERING CO. BIKE TRAIL UNDERPASS 3,789.02 Total for Department 6788 3,789.02* WILSON PARK REUTER, MICHAEL C. REPAIR CEILING WILSON PA 1,950.00 Total for Department 6796 1,950.00* Total for Fund 401 17,353.36* ADMINISTRATION FORTIS BENEFITS INS SEPT LTD 11.03 ADMINISTRATION MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 6.38 Total for Department 6631 17.41* REHABILITATION BRADLEY & DEIKE PA PRESBYTERIAN HOUSE 12.50 REHABILITATION BRADLEY & DEIKE PA SHERMAN HOUSING 37.50 REHABILITATION PRESBYTERIAN PARISH REHAB LOAN 610 VERMILLIO 8,000.00 REHABILITATION YATES, PATRICK G. REIMB EXP HRA PROGRAM 500.00 Total for Department 6633 8,550.00* Total for Fund 404 8,567.41* OTHER SERVICES/CHARG FORTIS BENEFITS INS SEPT LTD 9.93 OTHER SERVICES/CHARG MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 1.13 Date: 08/29/2001 Time: 15:07:34 Operator: LYNNE BENSON Page: 7 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Department 6700 11.06* Total for Fund 407 11.06* OTHER SERVICES/CHARG BRAUN INTERTEC LOCK DAM ROAD IMPROVEMEN 1,466.50 OTHER SERVICES/CHARG ASSOC CONSTRUCTION P LEGAL AD 140.18 OTHER SERVICES/CHARG ASSOC CONSTRUCTION P LEGAL ADS 140.18 OTHER SERVICES/CHARG CONZEMIUS, NICHOLAS STORM SEWER UTILITY EASE 15,056.91 OTHER SERVICES/CHARG U.S. BANK GO IMPROVEMENT BONDS 200 462.50 Total for Department 6700 17,266.27* Total for Fund 491 17,266.27* WATER BARR ENGINEERING CO. WELLHEAD PROTECTION DELI 1_,408.00 v,R CONNELLY INDUSTRIAL REPROGRAM TELEPHONE DIAL 215.65 ....iER FORTIS BENEFITS INS SEPT LTD 97.54 WATER GRAYBAR ELECTRIC BUTT SPLICE CONN 99.07 WATER IOS CAPITAL COPY MACHINE 197.98 WATER MACQUEEN EQUIPMENT, GASKET 13.44 WATER MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 418.06 WATER MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 46.25 WATER MN PIPE & EQUIPMENT VALVE BOX VISER 99.26 WATER NEXTEL COMMUNICATION CELL PHONE - UTILITIES 440.65 WATER NEXTEL COMMUNICATION CELL PHONE UTILITIES 101.78 WATER SPECIALIZED TURF SOD SOD 14.64 WATER T.D.'S CLEANING AUG CLEANING PUBLIC WORK 319.50 WATER TERRY'S ACE HARDWARE ADAPTR HOSE HOOSNECK HBS 5.31 WATER TERRY'S ACE HARDWARE CABLE TIES/BATTERIES 43.64 WATER TERRY'S ACE HARDWARE HANDLE PRIER FROSTPROOF 4.25 WATER TERRY'S ACE HARDWARE SHIPPING SERVICE 20.97 WATER TERRY'S ACE HARDWARE TIEDOWN RATCHET 23.95 WATER TERRY'S ACE HARDWARE TISSUE/ADAPTORS 9.45 V R TERRY'S ACE HARDWARE VALVE REPAIR/FLAPPER 27.46 N._ ..R TERRY'S ACE HARDWARE VINYL TUBE/PIN TRAILR CO 15.42 WATER UNITED BUILDING CENT HARDBOARD 20.13 WATER WALMART COMMUNITY BR POLY WRAP, SUPPLIES 20.03 WATER XCEL ENERGY MONTHLY ELECTRICITY 405.02 Total for Department 7100 4,067.45* Total for Fund 600 4,067.45* WASTEWATER FORTIS BENEFITS INS SEPT LTD 35.95 WASTEWATER MACQUEEN EQUIPMENT, SCREENS, GASKETS 128.14 WASTEWATER MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 16.25 WASTEWATER MN PIPE & EQUIPMENT RINGS/SEALANT 64.97 WASTEWATER XCEL ENERGY MONTHLY ELECTRICITY 94:42 Total for Department 7300 339.73* Total for Fund 601 339.73* Date: 08/29/2001 Time: 15:07:35 Operator: LYNNE BENSON Page: B CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ TRANSIT DEALER AUTOMOTIVE SE RESISTOR 2.44 TRANSIT FORTIS BENEFITS INS SEPT LTD 13.32 TRANSIT MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 6.30 TRANSIT NEXTEL COMMUNICATION CELL PHONE - TRAC 153.38 TRANSIT WALMART COMMUNITY BR PAPER TOWLS 3.60 Total for Department 7500 179.04* TRANSIT-OPERATIONS FORTIS BENEFITS INS SEPT LTD 22.46 TRANSIT-OPERATIONS HASTINGS BUS CO TRAC ROUTE 700.00 TRANSIT-OPERATIONS MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 15.00 TRANSIT-OPERATIONS WALMART COMMUNITY BR PAPER TOWLS 55.36 Total for Department 7501 792.82* TRANSIT-MAINTENANCE DEALER AUTOMOTIVE BE RESISTOR 42.11 Total for Department 7502 42.11* Total for Fund 610 1,013.97* CIVIC ARENA FORTIS BENEFITS INS SEPT LTD 50.45 CIVIC ARENA MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 203.50 CIVIC ARENA MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 20.03 CIVIC ARENA SHERWIN-WILLIAMS PAINT SUPPLIES 62.32 CIVIC ARENA TERRY'S ACE HARDWARE BLADE/DIAZINON PLUS 21.57 CIVIC ARENA TERRY'S ACE HARDWARE HOSE CLAMP/CONNECTORS/PR 17.84 CIVIC ARENA TERRY'S ACE HARDWARE PUTTY KNIFE 7.44 CIVIC ARENA TERRY'S ACE HARDWARE SANDPAPER/STEELWOOL/CLOT 10.25 Total for Department 7700 393.40* Total for Fund 615 393.40* HYDROELECTRIC ALLIANCE ENERGY SYST GENERATOR 18,531.00 HYDROELECTRIC COLT ELECTRIC INC. BALANCE - TRANSFORMER 10,117.00 HYDROELECTRIC COLT ELECTRIC INC. REPLACE PHASE PROTECTOR 420.00 HYDROELECTRIC FORTIS BENEFITS INS SEPT LTD 13.79 HYDROELECTRIC MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 7.47 HYDROELECTRIC NORTH AMERICAN HYDRO HYDRO SERVICES 6/23-7/31 68,528.91 HYDROELECTRIC TERRY'S ACE HARDWARE COPPER REFRIG TUBE 10.33 Total for Department 7900 97,628.50* Total for Fund 620 97,628.50* Grand Total 236,877.98* September 4,2001 APPROVED: City Administrator Finance Director Councilmember Hazlet Councilmember Riveness Councilmember Schultz Councilmember Moratzka Councilmember Hicks Councilmember Yandrasits Mayor Werner VI-2 MEMQRAN'DUM�{ To: Mayor Werner and City Councilmembers From: Melanie Mesko, Administrative Assistant/City Clerk Date: August 29, 2001 Re: Application for Gambling Premises Permit-Hastings Hockey Boosters-at Hastings Civic Arena Recommended City Council Action: Approve the attached Resolution, waiving the 30-day waiting period for the Hastings Hockey Boosters and authorizing the Hastings Hockey Boosters to conduct a raffle on December 5, 2001 at the Hastings Civic Arena. B�round: Application has been received from the Hastings Hockey Boosters to conduct a raffle for their organization on December 5, 2001 at the Hastings Civic Arena. If Council should approve thio application, the attached resolution will be sent to the Minnesota Lawful Gambling Board Showing the City's approval to allow the raffle and also to waive the 30-day waiting period. The Gambling Control Board allows up to 5 licenses of this type to be issued to a nonprofit organization per year. The HaStingS Hockey Boosters applied for,and was granted,a license in 2000. Should you have any concerns or questions, please do not hesitate to contact me. Attachment.• 1. Resolution- Waiving the 30 day waiting period for the Hastings Hockey Boosters to conduct a raffle at the Hastings Civic Arena. CITY OF HASTINGS DAKOTA COUNTY,MINNESOTA RESOLUTION NO. 09- -01 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS,MINNESOTA HELD: SEPTEMBER 4,2001 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings,Dakota and Washington Counties,Minnesota,was duly held at the City Hall in said City on the 0'of September 2001 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 09- -01,waiving the 30-day waiting period for the Hastings Hockey Boosters and authorizing the Hastings Hockey Boosters to conduct a raffle on December 5,2001 at the Hastings Civic Arena. The following Councilmembers were present: And the following Councilmembers were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 09- -01 RESOLUTION WAIVING THE 30-DAY WAITING PERIOD FOR THE HASTINGS HOCKEY BOOSTERS TO CONDUCT A RAFFLE WHEREAS, the Hastings Hockey Boosters has presented an application to the City of Hastings to conduct a raffle on June 18,2001, at the Hastings Civic Arena; and WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed to waive the 30-day waiting period; and WHEREAS, the application for Exemption from lawful Gambling license has been presented; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Gaming, Gambling Control Division,showing the 30-day waiver and the approval of this application for an Exemption from Lawful Gambling License. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon vote being taken thereon,the following voted in favor thereof: the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Michael D. Werner,Mayor ATTEST: Melanie Mesko, Administrative Assistant/City Clerk (SEAL) P.O.Box 541 • Hastings,Minnesota 55033-0541 VI-4 Dave Osberg August 17,2001 City Administrator Request for street closing The Hastings Downtown Business Association is holding Mainstreet Festival on September 15th. As part of the festival,we would like to hold an antique sale and auction downtown. We would like to use the north side of Ramsey street between the Gardner and the Second Street Antique Mall. We would fill the space with a hay wagon and tables that would display auction items until the end of the day at which time the items would be sold. The street that we are requesting be closed would be the north side of Ramsey street between Second street and the alley. The alley would remain open and the parking lots would be accessible. The street would be closed from 9:00 A.M. to 5:00 P.M. September 15th. We feel that the impact of having the street closed would be minimal. At best a couple of parking spaces would be lost and there would be no adverse affect on traffic. The property owners of the Gardner have been contacted; they have no objections to the street closing. We request to be scheduled on the September 4th City Council Agenda. We need the City Council to take action on our request so we can plan accordingly. If you need additional information,please call Barb Hollenbeck at 438-7949 or Judee Anderson at 480-0513. Sincerely, Barbara J. Hollenbeck President Hastings Downtown Business Association VI-5 MEMO To: Honorable Mayor and City council members From: Lori A. Webster, Finance Director Subject. 2001 Budget Transfer requests Date: September 13, 2000 Request s are being made for adjustments to the 2001 City budget for items budgeted but not spent in the following areas: *A transfer of $1,295.00 from equip lease to furniture and fixtures line item in the building inspections department. * A transfer of$ 750.00 from office equip(code enforcement)again to the furniture and fixtures line item. Bill Mesaro's request is to transfer these dollars to the furniture and fixture line item to purchase office furniture for the part time/seasonal position at a cost of$2,379.95 plus tax of $ 154.70 and shipping. These transfers plus funds already in the inspections budget will accommodate the full amount. Additional revenues for contracted security were received but had not been part of the 2001 budget. A budget adjustment is requested as follows to account for the additional revevnues and expenditures related to the contracted security. • Add$210.00 to general fund police revenue • Add $210.00 to general fund police contracted security salaries Increase to Fire budget for purchase of snowmobile - using proceeds from auction and donation. (Note these revenues were received in 2000 however the expenditure was made in the 2001 budget year. *Add $2,334.59 to Fire and Ambulance equipment line item If you should have any questions, please feel free to contact me. Memorandum To: Lori Webster Finance Director From William R. Mesaros Supervisor of Inspections and Code Enforcement C Date: August 13,2001 Subject: Budget funds transfer Dear Lori, With the growth of the Inspections and Code Enforcement department we need some additional office equipment. I am requesting approval to transfer some funds for the purchase of these office items. See the attached Budget/Account adjustment form for your review. Please contact me if you have any questions. CITY OF HASTINGS FINANCE DEPARTMENT BUDGET/ACCOUNT ADJUSTMENT Please Check one: Budget Adjustment r-- 1 �--� Account (Journal Entry) Adjustment Account Number(s) Affected: V 4 DEBT �a � G .. � CREDIT_ /621- P56"03 DEBT ./OZ ";230A CREDIT _/0 7e7-;P-3-0/ "-(l5 60 Explain: ZLLZ& G-rc� �� moi. r�i Requested By: Date Requested: OFFICE USE ONLY Finance Approval Date Requires Council Approval? If YES, Approved by council on JE Entered JE Number JE Date BUDGET.FRM/KLN OEM T Quotation GENERAL OFFICE PRODUCTS COMPANY 4521 HIGHWAY SEVEN MINNEAPOLIS,MN 55416-4098 PHONE(612)925-7500 FAX(612)925-7531 Page: 2 Quote QuoteCustomer Account Pro No. Number Date Customer Order Number Number' Representative 1 106515 08/08/01 206959 TIM GRAVES QUOTE TO: SHIP TO: TOM KUSSANT TOM. KUSSANT HASTINGS, CITY OF HASTINGS, CITY OF 101 4TH ST E 101 4TH ST E HASTINGS, MN 55033-1955 STINGS, MN 55033-1955 P: .4 0.&3'63 P: 651.480.2363 F: 5 .47.7082 F: 651.437.7082 Terme T 15 FROM INV DATE Line v Quantity Catalog Number De v Unit Price Extended Amount 6 1 9TT6560 TL 490.80 490.80 PANEL—ENHAN E , ACOUSTI 6 HINGE 1 WARM BROWN V2 SURF-1 VVV SURF-2 TRIM :4686 WARM BROWN V1 7 1 0 ST LC 420.00 420.00 BI - TORAGE,P SUPPORTED,2 D�,2 LOC , 4-7/ X16-5 8 BASIC 86 WARM W LOCK :9 01 POL E HROME KE 8 1 99B STLCSE 1,096.55 1,096.55 U T ASY-DESK,1 PED,FULL HGT FLUSH BP,LK,30X6OX30 BASIC :4686 WARM BROWN V1 LOCK :9201 POLISHED CHROME 7�r OUTER :4686 WARM BROWN V1 TOP—SURF: TRIM :4686 WARM BROWN V1 KEYS 9 1.00 LABOR GOP SER ACTUAL ACTUAL GOPC TO DELIVER AND INSTALL THE ABOVE SPECIFIED PRODUCTS PER THE CUSTOMERS REQUEST. ALL LABOR WILL BE BILLED AS ACTUAL LABOR COSTS OF $40.00 PER MAN HOUR PORT TO PORT. I HAVE READ AND AGREE WITH THE QUOTATION AND THE SALES TERMS AND CONDITIONS OF THE TERMS AND CONDITIONS PAGE MADE PART OF THIS QUOTATION ACCEPTED BY TITLE DATE ADDRESS sa g l Quotation GENERAL OFFICE PRODUCTS COMPANY 4521 HIGHWAY SEVEN MINNEAPOLIS,MN 55416-4098 PHONE(612)925-7500 FAX(612)925-7531 Page: 1 Quote Quote Customer, Account pro No. Number Date Customer Order Number Number Representative I 106515 08/08/01 206959 TIM GRAVES QUOTE TO: SHIP TO: TOM KUSSANT TOM KUSSANT HASTINGS, CITY OF HASTINGS, CITY OF 101 4TH ST E 101 4TH ST E HASTINGS, MN 55033-1955 HASTINGS, MN 55033-1955 P: 651.480.2363 P: 651.480.2363 F: 651.437.7082 F: 651.437.7082 Terms: NET 15 FROM INV DATE Line Quantity Catalog Number/Description Unit Price Extended Amount 1 2 9TT6542 STLCSE 425.40 850.80 PANEL-ENHANCED,TACKABLE ACOUSTICAL,42X65 HINGE :6617 WARM BROWN V2 SURF-1 SURF-2 TRIM :4686 WARM BROWN V1 2 1 9AB65 STLCSE 41.40 41.40 -BRACKET-WALL ATTACHMENT, ENHANCED,65H TRIM :4686 WARM BROWN V1 3 1 9T65 STLCSE 72. 60 72. 60 FILLER PACKAGE-"T" CONFIG, ENHANCED,FABRIC,65H COVER TRIM :4686 WARM BROWN V1 4 1 9L65 STLCSE 72.60 72.60 FILLER PACKAGE-"L" CONFIG, ENHANCED,FABRIC, 65H COVER TRIM :4686 WARM BROWN V1 5 1.00 SHIM GOP SER 300.00 300.00 GOP TO MAKE A CUSTOM SERIES 9000 WALL "! SHIM PER THE CUSTOMERS REQUEST. IT SHOULD BE 10" AND PAINTED 4686. I HAVE READ AND AGREE WITH THE QUOTATION AND THE SALES TERMS AND CONDITIONS OF THE TERMS AND CONDITIONS PAGE MADE PART OF THIS QUOTATION ACCEPTED BY TITLE DATE ADDRESS CITY OF HASTINGS FINANCE DEPARTMENT - BUDGET/ACCOUNT ADJUSTMENT Please Check One: 1 Account (lournal Entry)Adjustment X Budget Adjustment (Council Approval Required) O' Fund Transfer(Council Approval Required) Account Number(s)Affected: EXP REV Ol .aol ab , a c� � o-�- � o• a � � auto sya EXP REV 11 1 Qa Amount of Adjustment/Transfer: $ !0 a Reason for Adjustment/Transfer: 11.I )OOS Ccs _ 12ud,C,e It A 001 Requested By: Date Requested: ::ix::ii:{:::?:;:i't:i ................... . n. : ...:.::.:::::.::::::::.::.:.::::. WP51\Files\Finance\Budacctadj.wpd/kln 4 JAN. 5.3001 4:36PM HASTINGS FIRE DEPT NU.UUY r.e/4r .,{,Ar HASTINGS FIRE DEPARTMENT MARK J.HOLMES,CHIEF 115 West 5th Street - r Hastings,Minnesota 55033-1815 Business Office(651)437-5610 Fax(651)437-5956 TO: Dave Osberg Ci Administrator 3 FROM: Mark 1. Holm (ire Chief Zl SUBJECT: Snowmobile Purchase DATE: December.12, 2000 The City has in inventory a snowmobile for use by Fire and Police. This unit is kept on a trailer at the Fire Station for emergency response and has a companion patient Sled that can be pulled behind the snowmobile. Cby he current snowmobile was recovered by the Police Department as stolen and donated the insuring company to the City for emergency use. Unfortunately. this sled is in oor condition and would require ektensive repairs for continued operations. Even if paired, the existing snowmobile is not designed for the service we need, Recently,the Fire department was contacted by the local Sno Mos Snowmobile Club regarding upgrading our trail rescue capability. To assist in this upgrade, a commitment of$3,000,00 has been made and a check for that amount has been delivered to me. In researching this need together, the Fin and Police Departments have determined that the only weakness in our capability is the existing snowmobile. Discussions have occurred with 61 Sales, a local dealer who is willing to discount a desirable snowmobile that would meet our needs. To accomplish this upgrade, an additional$2,334.59 is needed.At the recent City auction, a snowmobile, utility vehicle and other miscellaneous items were sold and removed from the Fire Department inventory. At this time,I am requesting that funds tom the sale of the above mentioned equipment beyised to provide the additional funding to complete this upgrade. Attached you will find a copy of the check from the Sno Mos and the quotation from 61 Sales. , If you have any questions,please-feel free to contact me. • Attachments r,nr n1 rM,nr rnl,neT,n�, riot r3MC%1MK1r1nn1 _ eeeai 11 Anirc Q=rautre •;+ JAN. 5.2©01 4:39PM HASTINGS FIRE DEPT■�,.lr4�II at� �� �� NO. N P 3i4a1'�*w r?pe•;• . :� (C'``��„''i �'• •t�'H.�( ,+. •. .' , "�+_AIRI ESPORTS '�•'' y" A yl; `ri:• .}"�. r •I fi.�f t'K:���, 'h° .L �.l/ 11733 iM1iti r{f'' �' ""fftt 5, 11aw 33 P'r.DOUGLAS DRIVE SULI 19 r;� • HASTINGS,AIN 55039' , � 651•x! .*►?3 'r• • � •I ��� ,, '��•' - w.y 1 4. 4SrocktY: Dat■' ! / r� OV .,'.,, ,t'i �,r.R'lh�;, Selasporsom . ... Buyer Name:(Last) 1 ' i �.�4,e :fir IraO Idd►e) ' a.�"�;',,�'„�,,�T��_ Cc-Buyer Name: (Fired (Middle) Address: City: Stater Co Home Phone; Bus Phase: unry. r,•.� Ass�+ Buyer DOB Co Buyer 000.1 Buyer Ot8yi wy�t .L k: ClrBuyor O.L Buyers Insurance CD,: Policy ff; a•+kR:" �" PLEASE ENTER MY ORDER FOR; New.! Used 11 Doma:1 Lienholdar Address YFApIIAKIt, MO EL BODY ! fil N LOP ( IDR^ Vi ' r tl �'`c cif_ ;� -� r4 < 4 �" TRAN MI ,., ••arae' r N 0 LICA A A5 EXP.QATIFINTA M�LEAGO pEGvERED !, y.... L1 r� J V � � � r , � ON OR A80Ur. CASH PRICE OF VEHICLE COO FREIGHT U� DEALER INSTALLED OPTIONS y+•;1ttt�i�tr • �-�1.4•IlrY�� ''1n'L v TRADE-IN DATA �• DOES YOUR TRADE-IN HAVE:A BRANDED r TITLE OR INSURANCE SALVAGE HISTORY? YES a No,;]YEA ;i „i•+;,, R MA .� �f �•IR(OD aTYLC ,;",'�1: VIN a NAME - '•''ye':�'t� A OryESS h. U NfiE l NEE �'�v$ PUITI ■ STATII OATIt S MILEAGE TRAN$ I I N NOW 0. POLLUTION CO11110n.eye=niscLaauR _ -•,ecr .rya;. � tllJ .c-' Svy , , ' � .. fl1. .p.',-,a. n+�,•al�i5��+ •:��}' . ��+,4t1>ltADaaNvtnacuq 1: TOTAL r. �tr+• M drdtr v hel"c C�et I,IInneSaA eulvl.:,0e�an ettaa eQel,me pt►eon mev bander .slater vSM In Wtheut prow nti a wfmm dhaioeum to IM tr5ntftM(buyeq cet111ylna em Condition or the pahreton oonset eyetSnL LESS TRADE-IN ALLOWANCE FOR USED VEHICLE Tmrnrelor(t.lterl hereby amulet,to the bunt or hloAnr(thowledpe,thRtM paHinton coneot""e'"On mie rehtue wino traded In,Muding the mtoletgete mmowdw tble pot,hra L net been ,}tared,or rendwed Imp0Wvg, TRADE DIFFEg6NCE.. ° 'L' r ,•r. A. ;...,, LICENSE PLATE STATE 6 LOCAL TAKES eet�r agmnCm W ntEAL[A°e Olech•Atit[tt OFWARRANTV „ TIRE&TRANSFER FEES FEDERAL LUXURY TAX •':', IT the o.ener. LIEN RECORDING FEE 1.0 DOCUMENT v tax5ttly d}.tlalrnt d wartenlMt.ilgar eep:en or Implied an Ills vehicle DMINI6TiiATIVE FEE valid,e><eept any wermMI1111 onered A"eepr■hfed In her5arapht to Ihroughta an Me DAM or thl+tantmci Buyer at-rnawiedge5 reah"it Ihte Infoenetlon balm the 5914 end SERVICE CONTRACT nrnher ecknowledgen having tend end untlamlood the provltldn5 an the bm*of tole uorth5ac. , TOTAL IJCEN9E FEES SUBTOTAL 4/ DEALER'S POLLUTION CONTROLSY3TEM DISCLOSURE LESS CASH SUBMITTED WITH ORDER (—) (VEHICLE BEING SOLD) (+) Trantgrot(Dealerl hereby cenlllee,is Ria butt of h1wher Irnowledpe,that the pollution PLUS BALANCE OWING TO LIENHOLDER ON TRADE IN control symm an Ihit vehicle being sold.Including the ratipcted proline ppe,hie ITOTAL AMOUNT DUE ON DELIVERY no[been runlaved,altered,or rehdeed inciperniive. /i The front and back of thltl.CONTRACT cOTprlse the enure CONTRACT affecting info purchaval, The DEALER will not recognize any verbal agreement.or any other agreamen mderetanding of any nalure You cerilly thal.no credit has been extended by dealer:or the purchase of this motor VEHICLE. You cantly that you are 1B years of age or older.I icknowledge receiving a5mpy 61 this contract; . The terms of this CONTRACT wera4grssd upon and the CONTRACT signed In the IMPORTANT.. THIS MAY BE A BINDING CONTRA( feelarshlp On the delta noted Al top of this form, If DEALER In arranging credit for YOU,title AND YOU MAY LOSE ANY DEPOSITS IF YOU C :ONTRACT to not valid until a credit disclosure Is made an described In Regulation 2 and rou have accepted the Credit axtended. NOT PERFORM ACCORDING'TO ITS TERMS. 40TICE OF SA4ESPERSON'S LIMITED AUTHORITY. This contract li not valla unless signed and 21CCepted by Setas Manager or.-Officer of Dealerehtp• rccapted j "' Buyer e$IGnUUreAcceoiinoferrllt4l Coriirmt 'JAN. 5.2001 4:39PM HASTINGS FIRE DEPT � tr;NO.BBDk r; 'P.4/4 _ .. ' , ,I, 't'7''•.'G''�:+�,' •J�:'�• IlR,t'~0 ',•i 11!1' ��• t ' ',+�:vt•. '.i . t 1• 'ti'. �� i fil%jv+tl!' ,kl�t.a• ' 44",^;1• '� �1.�. I:,Rdj: '.i•-i r, r•. •�'; tr..,.., v l,,•u„��'l�i�ri�',.}�ay11•` 14 �1�1 11 r,� '�+yr�� s 4 i; ,.1..�y j i•!rl., .1 . •� „•' Y4:It.t��.� J,' "A`'.,1•.'1..•n I"'1'i U� i.'�.`1�1•t�f ' ,• 1 .�• Iq.'li},, r.tt i'•�N-•`a,1.J.+• t.�/ p,� \��Ai�'•�t'•�h� l,' .•,4, V• .. .•;i;•l i .1` 1' '..,;,;� . f ��r`!1� �.rL.11 C. Yl ,T t1,�F;�• . 1 4. f } f. •,! t.. ' ,'�•�. :. .rt 1, }•r•' •�ft' ,F:': �i.”' i't' ► Ir a(�a�,. Wh',� • ••^ •'+It'. ,,. 1 f.w. '� 'tr. t y ,1.11.4 {� ` A'terL''r iWd r �yJ1. •`�{�,7����lil'i \ G 1 A 1 ,1 , Lfe.. ,.r,:41+WY1•...r.11.L I.rA,.��r.��M•.,Yi.�{iy.Vi�., �•,1 �jlL•i.�i•'���L'S!{• I '.A° Y' ' ':1 •'I.i fwl+1.••1 u:.ir•�1w�f,r, 1 ' f ° •1' .. � . . 11a; 1 +U9lY�fiw`�`I►t••`�,++Me;��1s�Ni1 >ql• �ke+a.l el P Wl HASTINGS SNO MOS 05180 �• I• •: ,L•; PAYM TIM •► i,l. F'I kyF`'��'.1", �tlbA4t • � r t �t n11ti`. �. VERMILLION STATE BANK VORMILUON,MN 66005 • , r^�C � �' �'�', ~ages 1�� t:09 i91 3 ?oI: ,A �Ihl.fr�IMHMII NU./N11./IIIUY �.,r�y,l,y�-7711r,�1''yY • + • 1g Ae ' ' , , � ti. 'ft•►•' '.It}K,�v t . .,`,t_•�1.'�llA+it'fj[C�'.'� �S`la kf �•AI; ,YII �r `'��;'+'�•`,F'�Y�alsr•�t�S�:�f"riF;'1,..•.,,c•)`E�w�I ii� .,I'��"i. lid r 1 �t?':sA''.�htia1:. .�f�^\u;.. ,.1::. �' ./„ •:;�+ '`�1 �/G'�v��Glll �,670 N►A� i��i`1n�{�' {�1������� ��'�fF•11�•rp � •1 fgj JAN. 5.2001 4:38PM HASTINGS FIRE DEPT N0.Ge7 P.1/4 CITY OF HA,ST1NGS FIRE AND AM13ULA.NCE SERVICE 115 West Sth Street Hastings,MN 55933 Business Line 651-437-5610 FAX Line 651-437--595+6 FAX MEMO F_LY M04 MO FXY MEMO TO: ' a,0 FRO M: DATE: # of pages to follow Message: The information contained an this facsimile (fax) message is confidential and intended only for the use of the individual or entity named above. If you are not the _ intended recipient of this information or the person responsible for delivering it, you arc prohibited from disclosing, distributing, copying, or acting in reliance upon the attached material. If you have received this information in error, please contact the sender immediatcly. VI-6 Memo To: Mayor Werner and City Council From: Matthew Weiland,Planning Director Subject: Forpack,Inc.(Development/Business Subsidy Agreement for sale of Industrial Park Property. Date: - August 29,2001 CC: Loyd Lodewagon,Forpack Loyd Lodewagon of Forpack,Inc,has offered to purchase 1.00 acres of land land in the Industrial Park. The lot is legally described as Lot 2, Block 2, Hastings Industrial Park No. 6. The City Council recommended preliminary approval for the land sale and land credit program and their 8/6/01 City Council Meeting. The development/business subsidy agreements have now been prepared and are ready for final action. A Site Location map and these agreements are included with this memo. Background Information The applicant is proposing to construct an 8,000 sq ft building and will add at least two new jobs ($14.00/hour) over the next five years. He is estimating that he will add at least 4 new jobs in the next 5 years.The building will include offices,manufacturing space and rental space.This use would be allowed in the industrial park. The proposed site plan and building plans meet the design guidelines for the industrial park. This project would require the following items to be completed before the final land sale could be closed: 1. Site Plan Approval (pending- 9/4/01 City Council meeting) 2. Development/Purchase Agreement (pending- 9/4/01 City Council meeting) 3. Subsidy Agreement (pending- 9/4/01 City Council meeting) 4. Building Plans (submitted to building department 8/01 -pending approval Business Subsidy: Land Value: $43,560.00 Land Subsidy: $43,559.00 to finalized after 5 years Page 2 Industrial Park Board Recommendation:The Industrial Park Board recommended approval of the land sale and land credit program for Forpack. Requested Action: Motion to recommend final approval of the land sale of Lot 2, Block 2, Hastings Industrial Park No.6.To Forpack,INC. and the final approval of the development and business subsidy agreements for Forpack,INC. � J iiuu �.� 111191.111.J1111..: ME. fiWY VV IM 7 s yi� .a z,.,.5 � 4P F�.j 9"�vi.f8a i¢�d Pim �,�` t �. ` 'Pa^7,7- -z,,557. t, y '"7f. w :.��' g MR�Jlil ria # t � ll _ e�, E ,t(*tea k rp Y �yxi �� 9 to;j � RM /4111 g 1S'M f f t Ug LAI SLe a fr` b 55 i1 544, € � ®R� NP I r Kul 'i��� gw- 51 gum- RM P } ✓ t 4 �a "Imam � � a August 22,2001 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and LLOYD LODEWEGEN AND SUSAN LODEWEGEN Dated: 92001 This document was drafted by: BRADLEY & DEIKE, P. A. 5100 Eden Avenue, Suite 308 Edina, MN 55436 Telephone: (952) 926-5337 Rjd agrmAastings forpac TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE II Representations Section 2.1. Representations by the City 4 Section 2.2. Representations by the Developer 4 ARTICLE III Conveyance of Property Section 3.1. Status of Property 5 Section 3.2. Agreement to Sell 5 Section 3.3. Conditions Precedent to Conveyance 6 Section 3.4. Title 6 Section 3.5. Environmental Assessment 7 Section 3.6. Closing 7 Section 3.7. Access to Property 8 Section 3.8. Assessments 8 Section 3.9. Business Subsidy Agreement 10 Section 3.10.City Costs 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements 11 (i) Section 4.2. Construction Plans and Site Plan 11 Section 4.3. Commencement and Completion of Construction 11 ARTICLE V Insurance Section 5.1. Insurance 12 ARTICLE VI Taxes Section 6.1. Real Property Taxes 14 ARTICLE VII Financing Section 7.1. Mortgage Financing 14 Section 7.2. Limitation on Encumbrance of Property 14 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement 14 Section 8.2. Release and Indemnification Covenants 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 16 Section 9.2. Remedies on Default 16 Section 9.3. No Remedy Exclusive 17 (ii) Section 9.4. No Additional Waiver Implied by One Waiver 17 Section 9.5. Effect of Termination of Agreement 17 Section 9.6. Costs of Enforcement 17_ ARTICLE X Additional Provisions Section 10.1.Representatives Not Individually Liable 17 Section 10.2.Provisions Not Merged With Deed 18 Section 10.3.Titles of Articles and Sections 18 Section 10.4.Notices and Demands 18 Section 10.5.Disclaimer of Relationships 18 Section 10.6.Modifications 18 Section 10.7.Counterparts 18 Section 10.8.Judicial Interpretation - 18 Section 10.9. Severability 18 Section 10.10. Termination 19 SCHEDULE A Description of Property SCHEDULE B Business Subsidy Agreement (iii) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as.the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lloyd Lodewegen and Susan Lodewegen, a married couple (hereinafter collectively referred to as the "Developer"), having its principal office at 16905 Neill Path,Hastings,Minnesota 55033. WITNESSETH: WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota and is the owner of certain real property located in an industrial park within the City (which real property is referred to herein as the "Property"); and WHEREAS, the City has identified as one of its objectives the encouraging of economic development and job growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon a building of approximately 8,000 square feet with a market value for real property tax purposes of at least$160,000; and WHEREAS, the Developer has further proposed that in consideration of the City's conveyance of the Property the Developer will meet certain employment and wage requirements within specified times after conveyance of the Property; and WHEREAS, the Developer has represented to the City that the Developer is unable to secure the necessary financing to acquire the Property and construct the Improvements if the Developer is required to purchase the Property for its current market value; and WHEREAS, the City is willing to sell the Property to the Developer but only if the Developer complies with its construction, employment and other covenants under. this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessments means the assessments to be levied against the Property pursuant to Section 3.8 of this Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be .executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes, sections 1167.993 to 1167.995. "City" means the City of Hastings,Minnesota. "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County" means Dakota County,Minnesota. "Developer" means, collectively, Lloyd Lodewegen and Susan Lodewegen, a married couple, their representatives and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defined. Laws or Regulations mean and include the Comprehensive Environmental Response and Liability Act ("CERCLA" or the Federal Superfimd Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 U.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRX); the Clean Water Act, 33 U.S.C. 1321, et seq.;the Clean Air Act 42 U.S.C. 7401, et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder" means the owner of a Mortgage. "Improvements" means the construction by the Developer of a building of approximately 8,000 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part,by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer agrees to pay or assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota. "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement)which directly result in delays. 3 ARTICLE II Representations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief, at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely effect the contemplated use of the Property. (d) To the best of the City's knowledge and belief, no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used, incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape in,to, or upon the Property. (e) To the best of the City's knowledge and belief, no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed,threatened,.anticipated or in existence with respect to the Property. (f) The Property: (i) consists of approximately 1 acre; (ii) is currently zoned I-1; (iii) is not in the designated 100 year flood plain area; and (iv) does not currently receive preferential tax treatment(i.e. Green Acres). Section 2.2. Representations by the Developer. The Developer represents that: (a) The Developer consists of a married couple both of whom are residents of the State and both of whom have the legal capacity to enter into this Agreement and to perform the Developer's obligations set forth herein. (b) The Developer will construct the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including,but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans and site plan approved by the City. 4 (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of the Developer's knowledge, is aware of no facts the existence of which would cause the Developer to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City is required to take any action to obtain any necessary permits or approvals with respect to the Property under any local, state or federal environmental law or regulation,the Developer will cooperate with the City in connection with such action. (d) The Developer has or will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and operated. All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in all material respects as of the date of closing on conveyance of the Property to the Developer. ARTICLE III Conveyance of Property Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired the Property as part of an industrial park and developed the industrial park through the installation of infrastructure in order to provide readily available sites for businesses seeking industrial space. The public improvements to the industrial park benefited all parcels of property in the industrial park. The City is willing to initially convey the Property to the Developer for a purchase price less than the value of the Property and the costs that the City has incurred in developing the Property in consideration of the Developer's covenants and obligations under this Agreement. The Developer and the City have agreed that the value of the Property and public improvements that have been installed by the City that is in excess of the purchase price may be assessed against the Property and may be repayable in accordance with Section 3.8 of this Agreement. 3.2 Agreement to Sell. (a) The City and the Developer agree that the value of the Property in its current improved state is at least $43,560.00. However, the Developer has stated that it is unable to pay more than a nominal amount for the purchase of the Property. Therefore, the City agrees that it will sell the Property to the Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre ($1.00 total) and the performance of the Developer's other covenants under this Agreement. The Developer agrees that it will purchase the Property for the purchase price of$1.00 and that it will fulfill all of the other obligations of the Developer set forth herein. (b) The purchase price to be paid by the Developer to acquire the Property shall be payable by means of cash or certified funds on the date of closing on the sale of the Property to the Developer. 5 Section 3.3. Conditions Precedent to Conveyance. The City's obligation to sell and the Developer's obligation to purchase the Property shall be subject to satisfaction of all of the following conditions precedent: (a) The Developer having obtained the requisite approval of the City hereunder and all applicable governmental agencies and instrumentalities, municipal, county, state and federal, to the development of the Property through the construction of the Improvements in accordance with the Developer's Construction Plans and site plan. (b) The Developer having obtained: (i) amendments, revisions, exceptions or changes as may be necessary to applicable zoning codes and ordinances; (ii) special use permits, if applicable, (iii) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, if necessary; (vii)vacations and variances deemed necessary by Developer or as may be otherwise required to permit Developer to construct the Improvements in accordance with the Developer's Construction Plans and site plan; and (viii) the City's approval of the Developer's Construction Plans and site plan for the Improvements. (c) The Developer having determined that the Property has soil bearing characteristics sufficient to support the Improvements. (d) The Developer having reviewed and approved, or waived any objections to, title to the Property pursuant to Section 3.4 of this Agreement. (e) Developer shall have secured construction and permanent mortgage loan financing sufficient for the acquisition of the Property and construction of the Improvements, which financing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days from the date of this Agreement, either the City or Developer may terminate this Agreement by giving written notice of termination to the other party, whereupon this Agreement shall be null and void and the Developer and City shall execute an instrument in recordable form canceling this Agreement. Upon termination of this Agreement, the City and the Developer shall have no further obligations to the other under this Agreement, except as stated in Section 9.5 of this Agreement. Section 3.4. Title. (a) The Developer has obtained a commitment for the issuance of an owner's policy of title insurance for the Property naming the Developer as the proposed insured party. The Developer shall be allowed twenty (20) days after the date hereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Developer may not object to Permitted Encumbrances. The Developer's objections shall be made in writing or shall be deemed waived. If any objections are so made,the City shall be allowed ninety(90) days from notice thereof to cure the title defect or exception, either by the removal thereof or by the procurement of title insurance endorsements 6 satisfactory to Developer providing coverage against loss or damage as a result of such defect or exception. If the City does not cure such title defect or exception to Developer's satisfaction within said ninety (90) days, the Developer may, at its option, either(i) terminate the Agreement upon written notice to the City upon which this Agreement shall be null and void and the Developer and the City shall execute an instrument in recordable form canceling this Agreement; or (ii) waive the title defect or exception and proceed with the closing on the purchase of the Property. If the Developer waives the title defect or exception and proceeds to acquire the Property, the City shall have no further obligations with respect to any such defects or exceptions. The cost of obtaining the title insurance commitment and the cost of title insurance shall be borne by the Developer;provided that the City shall pay the cost of updating the abstract or registered property abstract for the Property or, if there is no abstract or registered property abstract in the possession of the City, the costs of updating title for purposes of the issuance of the title insurance commitment. (b) Within a reasonable time after the date hereof, the Developer shall obtain and furnish to the City, at the Developer's expense, a survey of the Property prepared by a registered surveyor certified to date, showing: (i) the number of square feet contained in the Property, measured to the right-of-way line'of public-roads upon which the property abuts; (ii) the exact legal description of boundary lines of the Property; (iii) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; (v) assumed bearings used by the surveyor; and (vi) direct legal access from a public road to the Property. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if it closes on the acquisition of the Property it will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy described in Section 3.4 (the premium for which and the cost of obtaining the commitment for which shall be paid by Developer); and (iii) a Seller's Affidavit, in customary form, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. (c) At closing on the conveyance of the Property the City will pay the following costs: (i) The cost of updating title to or continuing the abstract for the Property; (ii) State deed tax; 7 (iii) Conservation fee payable in connection with the conveyance; and (iv) The portion of the survey costs described in Section 3.4(b). At closing on the conveyance of the Property the Developer will pay the following costs: (i) The purchase price; (ii) The cost of obtaining the title insurance commitment and the premium for the policy of title insurance; (iii) The costs described in Section 3.10; (iv) The cost of the Survey related to preparing Developer's site plan showing the Improvements; (v) Recording fees for the deed, this Agreement and any other documents required to be recorded in connection with the conveyance; and (vi) Closing costs. Section 3.7 Access to Property. During the term of this Agreement, the Developer and his authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees and commissioners from and against any and all damage to property or injury to person arising out of the Developer's exercise of its right of access to the Property under this Section. The Developer shall be entitled to actual possession of the Property 'on the date of closing on conveyance of the Property to the Developer. Section 3.8. Assessments. (a) The Developer agrees that it will pay to the City the current value of the Property and the improvements that have been made to the land by the City prior to the date hereof if and to the extent required by this Section. The value of the land that is not being paid in the form of the purchase price paid at the time of conveyance of the Property is agreed to be $43,559.00. In order to secure the City's interest in being paid such amount the Developer and the City agree that the City may at the time of closing on the sale of the Property to the Developer or at any time thereafter assess such amount against the Property with the same force and effect as an assessment under Minnesota Statutes, Chapter 429. Such amount so assessed is referred to herein as the "Assessments" and shall constitute a special assessment lien against the Property enforceable in the manner applicable to the lien of assessments levied under said Chapter 429. The Developer agrees that this Agreement constitutes a petition to assess the Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that it will not contest the amount or validity of the Assessments on constitutional, statutory,procedural or other grounds and shall cause any Holder 8 and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrument, in a form acceptable to the City, acknowledging the validity of the lien of the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection of the lien of the Assessments as a first lien on the Property.. Payment of the principal amount of the Assessments shall be deferred but shall be due and payable on 1, 2006, unless accelerated pursuant to Section 9.2 or unless satisfied as provided in Section 3.8(e), except as the payment obligation may be reduced pursuant to Section 3.8(b) and (c). No interest shall accrue with respect to the Assessments until 1, 2006, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fails to pay any amount that is owed on 1, 2006, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest from such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Norwest Bank Hastings. (b) The amount of the Assessments to be paid by the Developer to the City on 1, 2006, shall be reduced by an amount referred to herein as the "Construction Credit". The Construction Credit shall be equal to the market value of the Improvements, exclusive of the value of the Property, for real property tax purposes, on the January 2nd prior to the date the Assessments are due, divided by 10. For example, if the value of the Improvements, exclusive of land value, on January 2, 2006, is $160,000.00 the amount of the Construction Credit available on 1, 2006, would be $16,000.00. No Construction Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. (c) The amount of the Assessments to be paid by the Developer to the City on 2006, shall be further reduced by an amount referred to herein as the "Jobs Credit". Prior to closing on the conveyance of the Property to the Developer the Developer shall furnish to the City payroll records in such form as the City may require documenting the wages paid by the Developer or Forpak, Inc., in the twelve month period preceding the closing. The City shall determine such total wage amount for such twelve month period and such amount shall be referred to as the "Existing Payroll". The Jobs Credit shall be equal to the annual payroll, in excess of the Existing Payroll, in the twelve (12)month period immediately preceding the date that the Assessments are due of the Developer's (or Forpak, Inc.'s as described in Section 8.1(b)) operations on the Property, divided by 27,000, with the result then being multiplied by $5,400.00. For example, if the annual payroll of the Developer or Forpak, Inc., for the twelve (12)month period in excess of the Existing Payroll is $200,000.00 the amount of the Jobs Credit (($200,000.00/27,000) x $5,400.00) shall be $40,000.00. For purposes of determining the Developer's annual payroll, only gross wages paid to employees shall be considered. A maximum of$50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in Forpak, Inc., may be included in the gross wages paid by Developer or Forpak, Inc. No Jobs Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. 9 If the Assessments as reduced by the Construction Credit and the Jobs Credit are less than zero, the Developer shall not be entitled to any payment from the City. (d) The Developer shall provide within ten (10) days of request by the City all documentation requested by the Authority to determine the amount of the Assessments that may be due under this Section. The City will, to the extent permitted by law, maintain the confidentiality of all information provided to the City under this subsection. (e) At any time prior to 1, 2006, the Developer may prepay the amount of the Assessments that are due at such time based on documentation provided to the City by the Developer as to the amount of the Jobs Credit and the Construction Credit to which the Developer is entitled at such time. The Developer's right to prepay the Assessments or seek a determination that no Assessments are payable shall be subject,however, to the conditions that (i) the Developer shall have completed construction of the Improvements as evidenced by the City's delivery of a certificate of occupancy, including all site improvements or, if items cannot be completed due to weather conditions, the Developer has established an escrow acceptable to the City to guarantee the completion of such unfinished items; and (ii) no uncured Event of Default shall have occurred under this Agreement. Upon such prepayment or upon the Developer's demonstration to the City that no amount of the Assessments is due, the City will execute a certification in recordable form certifying that the Assessments have been paid in full and discharged as a lien from the Property. Notwithstanding the full or partial termination of the Assessments that may be due under this Agreement, such payment shall not terminate or reduce the Developer's obligations, including possible repayment obligations, under the Business Subsidy Agreement. Section 3.9. Business Subsidy Agreement. The financial assistance being provided to the Developer by the City under this Agreement constitutes a "subsidy" within the meaning of Minnesota Statutes, sections 116J.993 to 116J.995. Therefore, at the time of closing on the conveyance of the Property to the Developer by the City, the City and the Developer shall enter into the Business Subsidy Agreement to satisfy the requirements under said statutory provisions. The repayment obligations set forth in the Business Subsidy Agreement are mandated by State law and are separate and distinct from the obligations of the Developer under this Agreement. Therefore, the Developer's repayment obligations under the Business Subsidy Agreement shall not be satisfied in whole or in part by any Construction Credit or Jobs Credit that the Developer may have earned under this Agreement. Section 3.10. City Costs. The Developer shall pay all of the City's out-of-pocket costs paid or payable by the City to attorneys or consultants in connection with the negotiation and preparation of this Agreement and related documents, financial reviews of this transaction,and the conveyance of the Property, including closing and recording costs. The City estimates that such costs will be approximately $1,000.00 and agrees that the maximum costs for which the Developer will be liable relative to the negotiation and preparation of this Agreement shall be $800.00. 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain,preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof,in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a)The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that it will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore,within thirty(30) days from the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing if, in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part,by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and its successors and assigns, shall promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 of this Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by November 1, 2001, and shall complete such construction by March 1, 11 2002. The Developer shall, however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security from the Developer to assure that any uncompleted work is completed. (c) The Developer shall only be deemed to have fulfilled his obligations to construct the Improvements if upon completion of the Improvements the Improvements, exclusive of the value of the Property,have a market value for tax purposes of at least$160,000.00. ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (iii) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, all risk vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds 12 thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City which consent shall not be unreasonably withheld. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavating costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once very three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph(i)with respect to the Minimum Improvements shall be carried in the names of the Developer and the City as their respective interests may appear and shall contain standard clauses which provide for net proceeds of insurance resulting from claims per casualty thereunder to the Improvements to be made payable to the Developer. (ii) Comprehensive general public liability insurance, including personal injury. liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of,-the Improvements or any portion thereof resulting from fire or other casualty. In the event of any such damage or destruction, the Developer will forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage. Failure by the Developer to rebuild the Improvements shall constitute an Event of Default under this Agreement which shall entitle the City to declare the Assessments due under Section-9.2 of this Agreement. (d) The City agrees that, `if requested by the Developer's lender of financing for the construction of the Improvements, it will subordinate its rights relative to the receipt and application of the proceeds of insurance under this Agreement to the lien of such lender's mortgage. 13 ARTICLE VI Taxes Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2001 shall be apportioned between the Developer and the City as of the date of conveyance of the Property, with the result that the City shall pay that portion of such taxes attributable to the period of the year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to the period of time commencing with the date of conveyance. Real estate taxes and assessments due and payable in the year 2000 and all prior years, deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any, shall be paid by the City. After its acquisition of the Property, the Developer shall pay all real property taxes and special assessments in a timely manner and prior to the imposition of penalties. ARTICLE VII. Financing Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has obtained mortgage or other construction and permanent financing in an amount sufficient for acquisition of the Property and construction of the Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer nor any successor in interest to the Property, or any part thereof, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements without the prior written approval of the City. All financing and other transactions shall contain an agreement in a form acceptable to the City by which a proposed Holder agrees to be bound by and subject to the Assessments. ARTICLE VIII Prohibitions Against Assignment and Transfer,Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) The Developer represents and agrees that prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, except only by way of security for, and only for, the 14 purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to constructing the Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the City. The City may require as a condition to the approval of any transfer, sale or assignment that the Developer pay to the City the amount of the Assessments determined to be due on the date of the transfer, sale or assignment calculated in the manner provided in Section 3.8. (b) Notwithstanding subsection (a) above, the City acknowledges and agrees that the Developer will lease portions of the Improvements to industrial users. It is contemplated that a portion of the Improvements will be leased to tenants, including Forpak, Inc., a Minnesota corporation owned by the Developer. The City agrees that for purposes of determining the Jobs Credit under Section 3.8(c) and compliance with the Business Subsidy Agreement, the City will look at the employment and payroll records'of Forpak, Inc. The Developer shall, however, be the parry obligated under this Agreement. (b) In the absence of specific written agreement by the City to the contrary, no transfer of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, from any of its obligations hereunder. Section 8.2. Release and Indemnification Covenants. (a)The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements. (c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by the City of any immunity or limits on liability under State law, including, without limitation, Minnesota Statutes, Chapter 466,relative to tort or other claims. 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 of this Agreement. (c) Failure by the Developer to obtain financing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval pursuant to the terms, conditions and limitations of Article IV of this Agreement. (e) Failure by Developer to provide any documentation or information required to be provided under the terms of this Agreement. (f) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (g) The Developer does any of the following : (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an assignment for the benefit of its creditors; or (iii) admits, in writing, its inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the. Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty(60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take any one or more of the following actions after providing thirty (30) days written notice to the Developer of the Event of Default,but only if the Event of Default has not been cured within said thirty(30)days: 16 (a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2, 3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that it shall,within ten(10) days of written demand by the City,pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. 17 Section 10.2.Provisions Not Merged With Deed.None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 16905 Neill Path,Hastings,Minnesota.55033; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East,Hastings,Minnesota 55033-1955,, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary,principal and agent, limited or general partner, or joint venture between the City, the Developer and/or any third party. Section 10.6. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. Section 10.9. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 18 Section 10.10. Termination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due and upon Developer's satisfaction of all obligations under the Business Subsidy Agreement. Upon such termination, the City shall provide the Developer with a certificate evidencing the termination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date of termination of this Agreement. 19 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D.Werner,Mayor By Melanie Mesko, City Clerk DEVELOPER Lloyd Lodewegen Susan Lodewegen STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_day of , 2001, by Lloyd Lodewegen and Susan Lodewegen, a married couple. Notary Public 20 SCHEDULE A Description of Property Lot 2, Block 2, Hastings Industrial Park Number 6, according to the recorded plat thereof, Dakota County,Minnesota. SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and LLOYD LODEWEGEN AND SUSAN LODEWEGEN Dated: This document was drafted by: BRADLEY&DEIKE,P. A. 5100 Eden Avenue, Suite 308 Edina, MN 55436 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lloyd Lodewegen and Susan Lodewegen, a married couple (hereinafter collectively referred to as the "Developer"), having its principal office at 16905 Neill Path,Hastings,Minnesota 55033. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase and Development Agreement dated as of , 2001, (the "Contract") pursuant to which the Developer has agreed to construct certain improvements on real property within the City of Hastings, Minnesota; and WHEREAS,in order to induce the Developer to undertake such development, the City has agreed in the Contract to provide certain assistance to the Developer through its sale of the property subject to the Contract to the Developer at a cost below market value; and WHEREAS, Minnesota Statutes, sections 1167.993 to 116J.995, provides that a government agency. that provides financial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the financial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 116J.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act"means Minnesota Statutes, Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Benefit Date"means the date that the Property is conveyed by the City to the Developer. "City"means the City of Hastings,Minnesota. "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of , 2001. "Developer" means, collectively, Lloyd Lodewegen and Susan Lodewegen, a married couple, or their representatives and assigns, or any future owners of the Property. "Improvements" means the construction activities to be undertaken by the Developer pursuant to the Contract. "Property" means the real property described as such in the Contract. "State"means the State of Minnesota. "Subsidy" means on any particular date $43,559.00, less any portion of such amount that the Developer has as of such date repaid to the City pursuant to the terms of the Contract. ARTICLE II Job and Wage Goals; Required Provisions Section 2.1. Employment and Wage Requirements. The Developer shall meet or cause to be met within two (2) years of the Benefit Date the wage and job goals set forth on the attached Exhibit A. Section 2.2. Reports. The Developer agrees that it will provide to the City all reports required by the Act. Such reports shall be submitted at the times required by the Act. Section 2.3. Continuing Obligation. -The Developer agrees that it will continuously operate the Improvements for the purposes described in the Contract for a period of at least five (5)years from the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: (a) By providing the Subsidy to the Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State, creating new job opportunities within the City at competitive wages for low and moderate income persons and facilitating the expansion of a local business. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of the size and quality proposed. By reducing the front end costs of the Developer's business expansion, more funds will be available for ongoing operations costs and the risk of failure will thereby be reduced. (c) The Developer has no parent corporation. (e) The following is a list of all financial assistance from all other state or local government agencies: None. ARTICLE III Default Section 3.1. Defaults Defined. It shall be a default under this Agreement if the Developer fails to comply with any term or provision of this Agreement, and fails to cure such failure within thirty (30) days written notice to the Developer of the default, but only if the default has not been cured within said thirty(30) days. Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable loan, repayable only if the Developer fails to fulfill its obligations under sections 2.1 and 2.3 of this Agreement. Upon the occurrence of a failure to create jobs as required by Section 2.1 or a failure to continue operations as required by Section 2.3 the Developer shall repay to the City upon written demand from the City a"pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term"pro rata share"means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b)if the failure relates to wages,the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Minimum Improvements in accordance with Section 2.3, sixty (60) less the number of months of operation (where any month in which the Improvements are in operation for at least fifteen (15) days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Developer ceases operation as reasonably determined by the City,divided by 60; and (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages,not to exceed 100%. Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the City shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the City for the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the City prevails in such collection or enforcement action. ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. This Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for- convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. The Developer and City agree that if the Act is amended by the State legislature so as to shorten or eliminate the requirement that this Agreement contain the operating covenant contained in Section 2.2 and such amendment applies to this Agreement, the Developer and City.will amend this Agreement to reflect such amendment to the law. Section 4.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. The City and Developer agree that this Agreement is intended to satisfy the requirements of the Act, which is incorporated herein and made a part hereof by reference. In the event that any provision of this Agreement conflicts with the terms of the Act,the terms of the Act shall govern. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner,Mayor By Melanie Mesko, City Clerk DEVELOPER Lloyd Lodewegen Susan Lodewegen STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of , 2001, by Lloyd Lodewegen and Susan Lodewegen, a married couple. Notary Public EXHIBIT A Wage and Job Goals The Developer will create not less than 2 new full time or full time equivalent jobs at a wage of not less than$14.00 per hour. Me o VI-7 To: Mayor Werner and City Council From: Matthew Weiland,Planning Director Subject: Hastings Gymnastic Center- Development/Business Subsidy Agreement for sale of Industrial Park Property Date: August 29, 2001 CC: Lawrence Belk Lawrence Belk of the Hastings Gymnastics Center has offered to purchase 1.21 acres of land land in the Industrial Park.The lot is legally described as Lot 3,Block 1,Hastings Industrial Park No.2. The City Council recommended preliminary approval for the land sale and land credit program and their 8/6/01 City Council Meeting. The development/business subsidy agreements have now been prepared and are ready for final action. A Site Location map and these agreements are included with this memo. Background Information The applicant is proposing to construct an 10,000 sq ft building and will add at least two new jobs ($10.00/hour)over the next five years.The building will include offices,bathrooms,and a gymnastic center. This use would be allowed by special use permit,which was approved by the City Council at their 8/20/01 meeting. The preliminary site plan and building elevations meet the design guidelines for the Industrial Park. The front of the building is well done with rock face block and accent banding. Further landscaping will enhance this site.This project would require the following items to be completed before the final land sale could be closed:: 1. Special Use Permit(Approval 8/20/01 ) 2. Site Plan Approval(pending- 9/4/01 City Council meeting) 3. Development/Purchase Agreement (pending-9/4/01 City Council meeting) 4. Subsidy Agreement (pending- 9/4/01 City Council meeting) 5. Building Plans (submitted to building department 8/01 -pending approval) Business Subsidy: Land Value: $52,000.00 Land Subsidy: $51,199.00 to finalized after 5 years Page 2 Industrial Park Board Recommendation:The Industrial Park Board recommended approval of the land sale and land credit program for Hastings Gymnastics Center. Requested Action: Motion to recommend final approval of the land sale of Lot 3,Block 1,Hastings Industrial Park No.2 to the Hastings Gymnastics Center and the final approval of the development and business subsidy agreements for the Hastings Gymnastics Center kk k 2 2 ! / �} � � ) ) kt ! ca � � JB & ■ c A� % 7 s § 2 $ ! ! 6 _ B6CL33C ( ( ' . 2 rF CY) � . . � ... / b � - 7 M B � � � ■ : � � � August 22,2001 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and LAWRENCE BELK Dated: ,2001 This document was drafted by: BRADLEY & DEIKE, P. A. 5100 Eden Avenue, Suite 308 Edina, MN 55436 Telephone: 926-5337 Rjd ag rat/hastings gymnastics center TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE II Representations Section 2.1. Representations by the City 4 Section 2.2. Representations by the Developer 4 ARTICLE III Conveyance of Property Section 3.1. Status of Property 5 Section 3.2. Agreement to Sell 5 Section 3.3. Conditions Precedent to Conveyance 6 Section 3.4. Title 6 Section 3.5. Environmental Assessment 7 Section 3.6. Closing 7 Section 3.7. Access to Property 8 Section 3.8. Assessments 8 Section 3.9. Business Subsidy Agreement 10 Section 3.10.City Costs 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements 11 W Section 4.2. Construction Plans and Site Plan 11 Section 4.3. Commencement and Completion of Construction 11 ARTICLE V Insurance Section 5.1. Insurance 12 ARTICLE VI Taxes Section 6.1. Real Property Taxes 14 ARTICLE VII Financing Section 7.1. Mortgage Financing 14 Section 7.2. Limitation on Encumbrance of Property 14 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement 14 Section 8.2. Release and Indemnification Covenants 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 16 Section 9.2. Remedies on Default 16 Section 9.3. No Remedy Exclusive 17 (ii) Section 9.4. No Additional Waiver Implied by One Waiver 17 Section 9.5. Effect of Termination of Agreement 17 Section 9.6. Costs of Enforcement 17 ARTICLE X Additional Provisions Section 10.1.Representatives Not Individually Liable 17 Section 10.2.Provisions Not Merged With Deed 18 Section 10.3.Titles of Articles and Sections 18 Section 10.4.Notices and Demands 18 Section 10.5.Disclaimer of Relationships 18 Section 10.6.Modifications 18 Section 10.7.Counterparts 18 Section 10.8.Judicial Interpretation 18 Section 10.9. Severability 18 Section 10.10. Termination 19 SCHEDULE A Description of Property SCHEDULE B Business Subsidy Agreement (iii) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of ; 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lawrence Belk, a individual(hereinafter referred to as the "Developer"),having his principal office at 851 Ventnor Avenue, Eagan,Minnesota 55123. WITNESSETH: WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota and is the owner of certain real property located in an industrial park within the City (which real property is referred to herein as the "Property"); and WHEREAS, the City has identified as one of its objectives the encouraging of economic development and job growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon a building of approximately 10,000 square feet with a market value for real property tax purposes of at least $435,000; and WHEREAS, the Developer has further proposed that in consideration of the City's conveyance of the Property the Developer will meet certain employment and wage requirements within specified times after conveyance of the Property; and WHEREAS, the Developer has represented to the City that the Developer is unable to secure the necessary financing to acquire the Property and construct the Improvements if the Developer is required to purchase the Property for its current market value; and WHEREAS, the City is willing to sell.the Property to the Developer but only if the Developer complies with his construction, employment and other , covenants under this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessments"means the assessments to be levied against the Property pursuant to Section 3.8 of this Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes, sections 1161993 to 1167.995. "City"means the City of Hastings,Minnesota. "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County"means Dakota County,Minnesota. "Developer" means Lawrence Belk, a individual, his representatives and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defined. Laws or Regulations mean and include the Comprehensive Environmental Response and Liability Act ("CERCLA" or the Federal Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 U.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRA"); the Clean Water Act, 33 U.S.C. 1321, et seq.;the Clean Air Act 42 U.S.C. 7401, et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder"means the owner of a Mortgage. "Improvements" means the construction by the Developer of a building of approximately 10,000 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part,by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer .agrees to pay or assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota. "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement)which directly result in delays. 3 ARTICLE II Representations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief, at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely effect the contemplated use of the Property. (d) To the best of the City's knowledge and belief, no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used,incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape in,to, or upon the Property. (e) To the best of the City's knowledge and belief, no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed,threatened, anticipated or in existence with respect to the Property. (f) The Property: (i) consists of 1.21 acres; (ii) is currently zoned I-1; (iii) is not in the designated 100 year flood plain area; and (iv) does not currently receive preferential tax treatment(i.e. Green Acres). Section 2.2. Representations by the Developer. The Developer represents that: (a) The Developer is a Minnesota resident who has the legal capacity to enter into this Agreement and to carry out the Developer's obligations under this Agreement. (b) , The Developer will construct the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including,but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans and site plan approved by the City. 4 (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of his knowledge, is aware of no facts the existence of which would cause him to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City is required to take any action to obtain any necessary permits or approvals with respect to the Property under any local, state or federal environmental law or regulation, the Developer will cooperate with the City in connection with such action. (d) The Developer has or will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and operated. All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in all material respects as of the date of closing on conveyance of the Property to the Developer. ARTICLE III Conveyance of Property Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired the Property as part of an industrial park and developed the industrial park through the installation of infrastructure in order to provide readily available sites for businesses seeking industrial or other commercial space. The public improvements to the industrial park benefited all parcels of property in the industrial park. The City is willing to initially convey the Property to the Developer for a purchase price less than the value of the Property and the costs that the City has incurred in developing the Property in consideration of the Developer's covenants and obligations under this Agreement. The Developer and the City have agreed that the value of the Property and public improvements that have been installed by the City that is in excess of the purchase price may be assessed against the Property and may be repayable in accordance with Section 3.8 of this Agreement. 3.2 Agreement to Sell. (a) The City and the Developer agree that the value of the Property in,its current improved state is at least $52,707.60 However, the Developer has stated that he is unable to pay more than a nominal amount for the purchase of the Property. Therefore, the City agrees that it will sell the Property to the Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre ($1.00 total) and the performance of the Developer's other covenants under this Agreement. The Developer agrees that he will purchase the Property for the purchase price of$1.00 and that he will fulfill all of his other obligations set forth herein. (b) The purchase price to be paid by the Developer to acquire the Property shall be payable by means of cash or certified funds on the date of closing on the sale of the Property to the Developer. 5 Section 3.3. Conditions Precedent to Conveyance. The City's obligation to sell and the Developer's obligation to purchase the Property shall be subject to satisfaction of all of the following conditions precedent: (a) The Developer having obtained the requisite approval of the City hereunder and all applicable governmental agencies and instrumentalities, municipal, county, state and federal, to the development of the Property through the construction of the Improvements in accordance with the Developer's Construction Plans and site plan. (b) The Developer having obtained: (i) amendments, revisions, exceptions or changes as may be necessary to applicable zoning codes and ordinances; (ii) special use permits, if applicable, (iii) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, if necessary; (vii)vacations and variances deemed necessary by Developer or as may be otherwise required to permit Developer to construct the Improvements in accordance with the Developer's Construction Plans and site plan; and (viii) the City shall have approved the Developer's Construction Plans and site plan for the Improvements: (c) The Developer having determined that the Property has soil bearing characteristics sufficient to support the Improvements. (d) The Developer having reviewed and approved, or waived any objections to, title to the Property pursuant to Section 3.4 of this Agreement. (e) Developer shall have secured construction and permanent mortgage loan financing sufficient for the acquisition of the Property and construction of the Improvements, which financing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. (f) If the Developer is married, the Developer shall have delivered to the City an instrument, in a form acceptable to the City, by which the Developer's spouse consents to the Assessments as a lien on the Property and subjects her interest in the Property to such lien. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days from the date of this Agreement, either the City or Developer may terminate this Agreement by giving written notice of termination to the other party, whereupon this Agreement shall be null and void and the Developer and City shall execute an instrument in recordable form canceling this Agreement. Upon termination of this Agreement, the City and the Developer shall have no further obligations,to the other under this Agreement, except as stated in Section 9.5 of this Agreement. Section 3.4. Title. (a) The Developer has obtained a commitment for the issuance of an owner's policy of title insurance for the Property naming the Developer as the proposed insured party. The Developer shall be allowed twenty (20) days after the date hereof for examination of said title and the making of any objections thereto, said objections to be made in writing or 6 deemed to be waived. The Developer may not object to Permitted Encumbrances. The Developer's objections shall be made in writing or shall be deemed waived. If any objections are so made,the City shall be allowed ninety(90) days from notice thereof to cure the title defect or exception, either by the removal thereof or by the procurement of title insurance endorsements satisfactory to Developer providing coverage against loss or damage as a result of such defect or exception. If the City does not cure such.title defect or exception to Developer's satisfaction within said ninety(90) days, the Developer may, at his option, either(i)terminate the Agreement upon written notice to the City upon which this Agreement shall be null and void and the Developer and the City shall execute an instrument in recordable form canceling this Agreement; or (ii) waive the title defect or exception and proceed with the closing on the purchase of the Property. If the Developer waives the title defect or exception and proceeds to acquire the Property, the City shall have no further obligations with respect to any such defects or exceptions. The cost of obtaining the title insurance commitment and the cost of title insurance shall be borne by the Developer;provided that the City shall pay the cost of updating the abstract or registered property abstract for the Property or, if there is no abstract or registered property abstract in the possession of the City, the costs of updating title for purposes of the issuance of the title insurance commitment. (b) Within a reasonable time after the date hereof, the Developer shall obtain and furnish to the City, at the Developer's expense, a survey of the Property prepared by a registered surveyor certified to date, showing: (i) the number of square feet contained in the Property, measured to the right-of-way line of public roads upon which the property abuts; (ii) the exact legal description of boundary lines of the Property; (iii) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; (v) assumed bearings used by the surveyor; and (vi) direct legal access from a public road to the Property. The City will reimburse the Developer for the above portions of the survey but not those portions that are attributable to the Developer's preparation of his site plan for the Improvements. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if he closes on the acquisition of the Property he will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy described in Section 3.4 (the premium for which and the cost of obtaining the commitment for which shall be paid by Developer); and (iii) a Seller's Affidavit, in customary form, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. 7 (c) At closing on the conveyance of the Property the City will pay the following costs: (i) The cost of updating title to or continuing the abstract for the Property; (ii) State deed tax; (iii) Conservation fee payable in connection with the conveyance; and (iv) The portion of the survey costs described in Section 3.4(b). At closing on the conveyance of the Property the Developer will pay the following costs: (i) The purchase price; (ii) The cost of obtaining the title insurance commitment and the policy of title insurance; (iii) The costs described in Section 3.10; (iv) The cost of the Survey related to preparing Developer's site plan showing the Improvements. (v) Recording fees for the deed, this Agreement and any other documents required to be recorded in connection with the conveyance; and (vi) Closing costs. Section 3.7 Access to Property. During the term of this Agreement, the Developer and his authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees and commissioners from and against any and all damage to property or injury to person arising out of the Developer's exercise of his right of access to the Property under this Section. The Developer shall be entitled to actual possession of the Property on the date of closing on conveyance of the Property to the Developer. Section 3.8. Assessments. (a) The Developer agrees that he will pay to the City the current value of the Property and the improvements that have been made to the land by the City prior to the date hereof if and to the extent required by this Section. The value of the land that is not being paid in the form of the purchase price paid at the time of conveyance of the Property is agreed to be $52,706.60. In order to secure the City's interest in being paid such amount the Developer and the City agree that the City may at the time of closing on the sale of the Property to the Developer or at any time thereafter assess such amount against the Property with the same force and effect as an assessment under Minnesota Statutes, Chapter 429. Such amount so 8 assessed is referred to herein as the "Assessments" and shall constitute a special assessment lien against the Property enforceable in the manner applicable to the lien of assessments levied under said Chapter 429. The Developer agrees that this Agreement constitutes a petition to assess the Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that he will not contest the amount or validity of the Assessments on constitutional, statutory, procedural or other grounds and shall cause any Holder and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrument, in a form acceptable to the City, acknowledging the validity of the lien of the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection of the lien of the Assessments as a first lien on the Property. Payment of the principal amount of the Assessments shall be deferred but shall be due and payable on 1, 2006, unless accelerated pursuant to Section 9.2 or unless satisfied as provided in Section 3.8(e), except as the payment obligation may be reduced pursuant to Section 3.8(b) and (c). No interest shall accrue with respect to the Assessments until 1, 2006, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fails to pay any amount that is owed on 1, 2006, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest from such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Norwest Bank Hastings. (b) The amount of the Assessments to be paid by the Developer to the City on July 1, 2005, shall be reduced by an amount referred to herein as the "Construction Credit". The Construction Credit shall be equal to the market value of the Improvements, exclusive of the value of the Property, for real property tax purposes, on the January 2nd prior to the date the Assessments are due, divided by 10. For example, if the value of the Improvements, exclusive of land value, on January 2, 2006, is $435,000.00 the amount of the Construction Credit available on 1, 2006, would be $43,500.00. No Construction Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. (c) The amount of the Assessments to be paid by the Developer to the City on 1, 2006, shall be further reduced by an amount referred to herein as the "Jobs Credit". Prior to closing on the conveyance of the Property to the Developer the Developer shall furnish to the City payroll records in such form as the City may require documenting the wages paid by the Developer or Hastings Gymnastics Center, Inc., in the twelve month period preceding the closing. The City shall determine such total wage amount for such twelve month period and such amount shall be referred to as the "Existing Payroll". The Jobs Credit shall be equal to the annual payroll, in excess of the Existing Payroll, in the twelve (12) month period immediately preceding the date that the Assessments are due of the Developer's (or Hastings Gymnastics Center, Inc.'s as described in Section 8.1(b)) operations on the Property, divided by 27,000, with the result then being multiplied by $5,400.00. For example, if the annual payroll of the Developer or Hastings Gymnastics Center, Inc. for the twelve (12)month period in excess of the Existing Payroll is $65,000.00 the amount of the Jobs Credit (($65,000.00/27,000) x 9 $5,400.00) shall be $12,960.00. For purposes of determining the Developer's annual payroll, only gross wages paid to employees shall be considered. A maximum of $50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in Hastings Gymnastics Center, Inc., may be included in the gross wages paid by Developer or Hastings Gymnastics Center, Inc. No Jobs Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. If the Assessments as reduced by the Construction Credit and the Jobs Credit are less than zero, the Developer shall not be entitled to any payment from the City. (d) The Developer shall provide within ten (10) days of request by the City all documentation requested by the Authority to determine the amount of the Assessments that may be due under this Section. The City will, to the extent permitted by law, maintain the confidentiality of all information provided to the City under this subsection. (e) At any time prior to -1, 2006, the Developer may prepay the amount of the Assessments that are due at such time based on documentation provided to the City by the Developer as to the amount of the Jobs Credit and the Construction Credit to which the Developer is entitled at such time. The Developer's right to prepay the Assessments or seek a determination that no Assessments are payable shall be subject, however, to the conditions that: (i) the Developer shall have completed construction of the Improvements as evidenced by the City's delivery of a certificate of occupancy or, if items cannot be completed due to weather. conditions, the Developer has established an escrow acceptable to the City to guarantee the completion of such unfinished items; and (ii) that no uncured Event of Default shall have occurred under this Agreement. Upon such prepayment or upon the Developer's demonstration to the City that no amount of the Assessments is due, the City will execute a certification in recordable form certifying that the Assessments have been paid in full and discharged as a lien from the Property. Notwithstanding the full or partial termination of the Assessments that may be due under this Agreement, such payment shall not terminate or reduce the Developer's obligations, including possible repayment obligations, under the Business Subsidy Agreement. Section 3.9. Business Subsidy Agreement. The financial assistance being provided to the Developer by the City under this Agreement constitutes a "subsidy" within the meaning of Minnesota Statutes, sections 116J.993 to 116J.995. Therefore, at the time of closing on the conveyance of the Property to the Developer by the City, the City and the Developer shall enter into the Business Subsidy Agreement to satisfy the requirements under said statutory provisions. The repayment obligations set forth in the Business Subsidy Agreement are mandated by State law and are separate and distinct from the obligations of the Developer under this Agreement. Therefore, the Developer's repayment obligations under the Business Subsidy Agreement shall not be satisfied in whole or in part by any Construction Credit or Jobs Credit that the Developer may have earned under this Agreement. Section 3.10. City Costs. The Developer shall pay all of the City's out-of-pocket costs paid or payable by the City to attorneys or consultants in connection with the negotiation and preparation of this Agreement and related documents, financial reviews of this transaction, and the conveyance of the Property, including closing and recording costs. The City estimates that 10 such costs will be approximately $1,000 and agrees that the maximum costs for which the Developer will be liable relative to the negotiation and preparation of this Agreement shall be $800. ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements. The Developer agrees that he will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain,preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a) The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that -he will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore, within thirty(30) days from the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing if, in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part,by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for himself, his representatives and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and his representatives and assigns, shall 11 promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 of this Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by August 31, 2001, and shall complete such construction by July 31, 2002. The Developer shall, however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security from the Developer to assure that any uncompleted work is completed. (c) The Developer shall only be deemed to have fulfilled his obligations to construct the Improvements if upon completion of the Improvements the Improvements, exclusive of the value of the Property,have a market value for tax purposes of at least$435,000.00. ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (iii) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of his obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, 12 including (without limiting the generality of the foregoing) fire, extended coverage, all risk vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City which consent shall not be unreasonably withheld. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavating costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once very three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (i)with respect to the Minimum Improvements shall be carried in the names of the Developer and the City as their respective interests may appear and shall contain standard clauses which provide for net proceeds of insurance resulting from claims per casualty thereunder to the Improvements to be made payable to the Developer. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for- each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of, the Improvements or any portion thereof resulting from fire or other casualty. In the event of any such damage or destruction, the Developer will forthwith repair,reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage. . Failure by the Developer to rebuild the Improvements shall constitute an Event of Default under this Agreement which shall entitle the City to declare the Assessments due under Section 9.2 of this Agreement. (d) The City agrees that, if requested by the Developer's lender of financing for the construction of the Improvements, it will subordinate its rights relative to the receipt and application of the proceeds of insurance under this Agreement to the lien of such lender's mortgage. 13 ARTICLE VI Taxes Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2001 shall be apportioned between the Developer and the City as of the date of conveyance of the Property, with the result that the City shall pay that portion of such taxes attributable to the period of the year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to the period of time commencing with the date of conveyance. Real estate taxes and assessments due and payable in the year 2000 and all prior years, deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any, shall be paid by the City. After his acquisition of the Property, the Developer shall pay all real property taxes and special assessments in a timely manner and prior to the imposition of penalties. ARTICLE VII Financing Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has obtained mortgage or other construction and permanent financing in an amount sufficient for acquisition of the Property and construction of the Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of his obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer nor any successor in interest to the Property, or any part thereof, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements without the prior written approval of the City. All financing and other transactions shall contain an agreement in a form acceptable to the City by which a proposed Holder agrees to be bound by and subject to the Assessments. ARTICLE VIII Prohibitions Against Assignment and Transfer,Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) The Developer represents and agrees that prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of his obligations under the Business Subsidy Agreement, whichever, is later, except only by way of security for, and only 14 for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform his obligations with respect to constructing the Improvements under this,Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the City. The City may require as a condition to the approval of any transfer, sale or assignment that the Developer pay to the City the amount of the Assessments determined to be due on the date of the transfer, sale or assignment calculated in the manner provided in Section 3.8. (b) Notwithstanding subsection (a) above, the City acknowledges and agrees that the Developer will lease portions of the Improvements to a tenant. It is contemplated that a portion of the Improvements will be leased to Hastings Gymnastics Center, Inc., a Minnesota corporation owned by the Developer. The City agrees that for purposes of determining the Jobs Credit under Section 3.8(c) and compliance with the Business Subsidy Agreement, the City will look at the employment and payroll records of Hastings Gymnastics Center. The Developer shall,however,be the party obligated under this Agreement. (c) In the absence of specific written agreement by the City to the contrary, no transfer of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, from any of its obligations hereunder. Section 8.2. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements. (c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by the City of any immunity or limits on liability under State law, including, without limitation, Minnesota Statutes, Chapter 466,relative to tort or other claims. 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement(unless the context otherwise provides), any one or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 of this Agreement. (c) Failure by the Developer to obtain financing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval pursuant to the terms, conditions and limitations of Article IV of this Agreement. (e) Failure by Developer to provide any documentation or information required to be provided under the terms of this Agreement. (f) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (g) The Developer does any of the following : (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an assignment for the benefit of its creditors; or (iii) admit, in writing, his inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty(60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take any one or more of the following actions after providing thirty(30) days written notice to the Developer of the Event of Default,but only if the Event of Default has not been cured within said thirty(30)days: 16 (a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2, 3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that he shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. 17 Section 10.2. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 851 Ventnor Avenue, Eagan,Minnesota 55123; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East,Hastings,Minnesota 55033-1955, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary,principal and agent, limited or general partner, or joint venture between the City, the Developer and/or any third party. Section 10.6. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. Section 10.9. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 18 Section 10.10. Termination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due and upon Developer's satisfaction of all obligations under the Business Subsidy Agreement. Upon such termination, the City shall provide the Developer with a certificate evidencing the termination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date of termination of this Agreement. 19 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner,Mayor By Melanie Mesko, City Clerk LAWRENCE BELK STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of , 2001,by Lawrence Belk, a individual. Notary Public 20 SCHEDULE A Description of Property Lot 3, Block 1, Hastings Industrial Park Number 2, according to the recorded plat thereof, Dakota County,Minnesota. SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and LAWRENCE BELK Dated: This document was drafted by: BRADLEY&DEIKE,P.A. 5100 Eden Avenue, Suite 308 Edina,MN 55436 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lawrence Belk, a individual (hereinafter referred to as the "Developer"), having his principal office at 851 Ventnor Avenue, Eagan,Minnesota 55123. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase . and Development Agreement dated as of , 2001, (the "Contract") pursuant to which the Developer has agreed to construct a certain improvements on real property within the City of Hastings, Minnesota; and WHEREAS,in order to induce the Developer to undertake such development, the City has agreed in the Contract to provide certain assistance to the Developer through its sale of the property subject to the Contract to the Developer at a cost below market value; and WHEREAS, Minnesota Statutes, sections 116J.993 to 116J.995, provides that a government agency that provides financial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the financial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 116J.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Defmitions Section I.I. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Benefit Date"means the date that the Property is conveyed by the City to the Developer. "City" means the City of Hastings,Minnesota. "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of , 2001. "Developer" means Lawrence Belk, a individual, or his representatives and assigns, or any future owners of the Property. "Improvements" means the construction activities to be undertaken by the Developer pursuant to the Contract. "Property" means the real property described as such in the Contract. "State"means the State of Minnesota. "Subsidy" means on any particular date $52,706.60, less any portion of such amount that the Developer has as of such date repaid to the City pursuant to the terms of the Contract. ARTICLE II Job and Wage Goals; Required Provisions Section 2.1. Employment and Wage Requirements. The Developer shall meet or cause to be met the within two (2) years of the Benefit Date the wage and job goals set forth on the attached Exhibit A. Section 2.2. Reports. The Developer agrees that he will provide to the City all reports required by the Act. Such reports shall be submitted at the times required by the Act. Section 2.3. Continuing Obligation. The Developer agrees that he will continuously operate the Improvements for the purposes described in the Contract for a period of at least five (5)years from the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: (a) By providing the Subsidy to the.Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State, creating new job opportunities within the City at competitive wages for low and moderate income persons and facilitating the expansion of a local business. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of he size and quality proposed. By reducing the front end costs of the Developer's business expansion, more funds will be available for ongoing operations costs and the risk of failure will thereby be reduced. (c) The Developer has no parent corporation. (e) The following is a list of all financial assistance from all other state or local government agencies: None. ARTICLE III Default Section 3.1. Defaults Defined. It shall be a default under this Agreement if the Developer fails to comply with any term or provision of this Agreement, and fails to cure such failure within thirty (30) days written notice to the Developer of the default, but only if the default has not been cured within said thirty(30) days. Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable loan, repayable only if the Developer fails to fulfill his obligations under sections 2.1 and 2.3 of this Agreement. Upon the occurrence of a failure to create jobs as required by Section 2.1 or a failure to continue operations as required by Section 2.3 the Developer shall repay to the City upon written demand from the City a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term"pro rata share"means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Minimum Improvements in accordance with Section 2.3, sixty (60) less the number of months of operation (where any month in which the Improvements are in operation for at least fifteen (15) days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Developer ceases operation as reasonably determined by the City, divided by 60; and (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages,not to exceed 100%. .Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the City shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the City for the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the City prevails in such collection or enforcement action. ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. This Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. The Developer and City agree that if the Act is amended by the State legislature to as to shorten or eliminate the requirement that this Agreement contain the operating covenant contained in Section 2.2 and such amendment is applies to this Agreement, the Developer and City will amend this Agreement to reflect such amendment to the law. Section 4.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. The City and Developer agree that this Agreement is intended to satisfy the requirements of the Act, which is incorporated herein and made a part hereof by reference. In the event that any provision of this Agreement conflicts with the terms of the Act,the terms of the Act shall govern. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner,Mayor By Melanie Mesko, City Clerk LAWRENCE BELK STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of , 2001, by Lawrence Belk, a individual. Notary Public EXHIBIT A Wage and Job Goals The Developer will create not less than 2 new full time or full time equivalent jobs at a wage of not less than$10.00 per hour. CITY OF HASTINGS VI-8 RESOLUTION NO. 09- -01 Resolved that the City of Hastings enter into an Agreement with the State of Minnesota to provide public transportation service in the City of Hastings. Further resolved that the City of Hastings agrees to provide a local share of 20 percent of the total operating cost and 20%of the total capital costs. Further resolved that the City of Hastings authorizes the City Administrator and the Administrative Assistant/City Clerk to execute the aforementioned Agreement and any amendments thereto. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Hastings City Council at a duly authorized meeting thereof held on the 4h day of September,2001 as shown by the minutes of said meeting in my possession. Michael Werner,Mayor Melanie Mesko,Administrative Assistant/City Clerk SEAL VII-1 MEMO TO: MXor d City Council FROM: 7iee and hyLamara SUBJECT: Ice-Resurfacer Civic Arena DATE: August 28, 2001 - In the 2001 budget, Civic Arena Staff budgeted $70,000 for the purchase of a new Ice- Resurfacer for the Civic Arena. Bids for the Resurfacer were received on Monday, August 27, 2001. The following bids were submitted: ZAMBONI - $58,250 +tax BECKER - $59,995 +tax COUNCIL ACTION Accept the low bid for a Zamboni Ice-Resurfacer from R&R Specialties in the amount of$58,250+ $3,786.25 tax= $62,036.25. Bid Form Hastings civic arena 1. Basic Ice resurface (include choice of fuels CNG/LPG) $ 58,250.00 2. Board brush assembly $ Included in line item 1 3. LPG low fuel light $ Not available w/ CNG 4. 3 -way catalytic converter $ Included with line item 1 5. Fuel management system $ Included with line item 1 6. Paint-White/Blue $ Standard 7. CNG Fill system/related equipment $ Not available from FJZ (call for what my be needed) 8. Total cost to the City of Hastings $ 58,250.00 * Price does not include any applicable sales tax as we do not collect sales tax for any states other than California. 8-23-01 *9ignature Date Regional Sales Manager Title � w Bid Form Hastings civic arena 1. Basic Ice resurface ( include choice of fuels CNG/LPG) $ 59,995.00 2. Board brush assembly $ Included in base bid 3. LPG low fuel light $ Included in base bid 4. 3 -way catalytic converter $ Included in base bid 5. Fuel management system s Included in base bid 6. Paint-White/Blue S Included in base bid 7. CNG Fill system/related equipment S No information furnished ( call for what my be needed) 8. Total cost to the City of Hastings 59,995.00 Minnesota sales tax. 6.5% $ 3,899.68 y August 23, 2001 Signature Date President Title l VIII A-1 MEMO AND VII-2 To: Honorable Mayor and City Council Members From: Tom Montgomery Subject: Second Reading and Public Hearing Proposed new Assessment Ordinance Policy Date: August 30,2001 The Operations Committee of the City Council unanimously recommended adopting the enclosed new assessment policy. Council is requested to hold the second reading of this ordinance revision. The existing assessment policy is cumbersome to implement and difficult to explain and understand. In addition,with rising construction costs,proposed assessments under the existing policy may likely be exceeding the benefit to the property. The City is not allowed to assess a property for street and utility improvements more than the improvement increases the value of a property(typically defined as the special benefit to the property). The proposed new policy bases assessments on the special benefit to the property. A benefit option for a typical property will be prepared by a Certified General Real Estate Appraiser and used to determine proposed assessments against properties. For Municipal State Aid Streets and other high volume collector streets,the special benefit will be assumed to be equal to 25%of the estimated project cost. For residential street construction,property owners would be assessed at 90%of the estimated benefit to the property. The corner lot assessment share is also proposed to be changed from assessing 50% of the long side of a corner to assessing 25%of the long side of a corner lot. The reduction of assessments against the long side of a corner lot is consistent with a benefits appraisal completed two years ago for an assessment appeal on 12th Street. \\Cityha112\secretarys\Sam\Tom Montgomery\MEMO-8.30.O1Property Assessment.doc City of Hastings Notice of Public Hearing Chapter 6,Streets and Sidewalks Generally, and Chapter 12,Utilities Rules and Regulations Public Improvement Assessment Ordinance Amendment Notice is here given that the Hastings City Council will meet in a public hearing at 7:00 PM on September 4,2001,in the City Council Chambers located in the Hastings City Hall, 101 East St. for reviewing the following matter: AN ORDINANCE OF THE CITY OF HASTINGS,MINNESOTA AMENDING CHAPTERS 6.20 AND 12.31 OF.THE HASTINGS CITY CODE HAVING TO DO WITH REVISING THE ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS Chapters 6.20 and 12.3 1,are proposed to be amended to revise the assessment policy for public improvements: The proposed assessment policy revisions would base assessments for public improvements`on the-estimated benefit received.from such improvements,where benefit is defined by the increase in property value attributable to the public improvements. Before the date of the public hearing,persons may view exhibits concerning this matter that are available at the Hastings City Hall. City Hall hours are 8:00 AM to 4:30 PM Monday through Friday, excluding holidays. Persons may obtain copies of the exhibits at their own expense. All persons are welcome to attend this hearing and make comment. Thomas M.Montgomery Public Works Director Publish: Hastings Star Gazette,August 24 ORDINANCE NO. - SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS REPLACING CITY CODE CHAPTER 6.20 AND CITY CODE CHAPTER12.311,ESTABLISHING A NEW ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THAT CITY CODE SECTIONS 6.20 AND 12.319 BE REPLACED WITH THE FOLLOWING NEW SECTIONS: SECTION 6.20. STREET, SIDEWALK,AND STORM SEWER IMPROVEMENT SPECIAL.ASSESSMENT POLICY. (Assessment Policy for utility improvements such as sanitary sewer and watermain,can be found in Chapter 12, Section 12.21.) . Subd. 1. GENERAL: Street, Sidewalk,and storm sewer improvements shall be assessed as one combined project cost based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to the public improvements. Subd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council, and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3 STREET,SIDEWALK AND STORM SEWER IMPROVEMENTS: All street, sidewalk and storm sewer improvements shall be classified into two categories;New Construction and Reconstruction or Rehabilitation,which shall be defined as follows: A. New Construction.All public improvement construction where there is no existing platted right of way and improved, City maintained roadway prior to the commencement of construction. B. Reconstruction or Rehabilitation. All public improvements other than New Construction. Subd. 4.NEW CONSTRUCTION STREET, STORM SEWER&SIDEWALK IMPROVEMENTS: A presumption will be made for New Construction street,storm sewer and sidewalk improvements that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit, or if the property owner(s)to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be prepared. Requests for an opinion of special benefit to be prepared should be made on or before the Improvement Hearing date. 7, - _ v A per lot assessment basis shall be used for street, storm sewer, and sidewalk assessments for New Construction Improvements, except where inconsistencies in lot size, frontage and/or development densities exist,in which case assessments based on abutting frontage may be used. In general,there should be no City participation for street, storm sewer, and sidewalk assessments for New Construction Improvements. Subd. 5.RECONSTRUCTION OR REHABILITATION. All street, storm sewer, and sidewalk reconstruction improvements shall be classified into two categories; Collector and Municipal State Aid Streets,and Non-Collector and Non-Municipal State Aid Streets,which shall be defined as follows: A. Collector and Municipal State Aid Streets: Collector streets are those streets which have an average daily traffic count of 2,000 ormore vehicles per day. Municipal State Aid Streets are those streets within the City on the Minnesota Department of Transportation Municipal State Aid System. B. Non-Collector and Non-Municipal State Aid Streets: All streets other than Collector or Municipal State Aid Streets. Subd. 6. COLLECTOR AND MUNICIPAL STATE AID STREETS.All.street,, ' storm sewer, and sidewalk reconstruction improvements on collector or Municipal State Aid streets shall be constructed to Minnesota Department of Transportation State Aid standards.For reconstruction or rehabilitation of Collector Streets or State Aid Streets;a presumption will be made that 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The estimated project cost will be prepared by the Public Works Director and based on the low bids received for the improvement construction. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements may exceed special benefit, or if the property owner(s) to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. The division of 25% of the estimated project costs shall be . based on abutting frontage except as follows: A. Corner Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and twenty five percent of the long side of the lot.The City shall pay the remaining seventy five percent of the assessment on the long side of the comer lot. (2) For corner lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For corner lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. - (4) For comer lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular, as in the case of curvilinear streets or cul-de-sacs, a per lot assessment basis may be used in lieu.of the formulas in this section. -The funds for the City's participation as described above for Municipal State Aid streets shall come from State Aid Funds,if available.Funding for the City's participation for Collector streets shall come from the assumption of that portion of the improvement bond Subd. 7.NON-COLLECTOR AND NON-MUNICIPAL STATE AID STREETS. All street, storm sewer,.and sidewalk reconstruction or rehabilitation improvements of non- Collector Streets or non-Municipal State Aid Streets shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed improvements. Properties benefitting from the street, storm sewer, and sidewalk improvements shall be assessed based on abutting frontage except as follows: A. Comer Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and.twenty five percent of the long side of the lot. The City shall pay the remaining seventy five percent of the assessment-on the long side of the corner lot. (2) For comer lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For comer lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. (4) For corner lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular, as in the case of curvilinear streets or cul-de-sacs, a per lot assessment basis may be used in lieu of the formulas in this section. Subd. 8. SIDEWALK IMPROVEMENTS: All sidewalks shall be constructed a minimum of five feet in width. In general,where sidewalks are to be constructed in new developments,the sidewalks should be constructed one foot off the property line.Where sidewalks are to be constructed within existing developments,the walks should be constructed at least fifteen feet from existing homes.-However, except in commercial or industrial areas, all sidewalks shall be constructed with a minimum five foot boulevard. Subd. 9. SIDEWALK ASSESSMENTS. Where sidewalk improvements are constructed as partof a street and/or utility improvement project, assessments for sidewalks shall be included.with street and/or utility assessments as one combined project cost. Assessment credit shall be given for properties whose existing sidewalk is in good condition and does not need to be replaced as determined by the Public Works Director. The sidewalk assessment credit shall be determined by the Public Works Director and based on the project sidewalk construction costs. Assessments for sidewalks constructed as a stand alone project shall be assessed onn-a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed*sidewalk. Corner lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd. 10. TRUNK STORM SEWER IMPROVEMENTS. The assessment policy for trunk storm sewers shall be based on benefitted area. All lots contributing storm water runoff to the trunk storm sewer shall be assessed in the same proportion each lot has to the total area contributing storm water runoff to the trunk storm sewer. Subd. 11.LATERAL STORM SEWER IMPROVEMENTS. Where lateral storm sewer improvements are constructed as part of a street and/or utility improvement project, assessments for storm sewer shall be included with street and/or utility assessments as one combined project cost. Assessments for storm sewer constructed as a stand alone project shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed storm sewer. Corner lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd. 12.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions,the City reserves the right to levy an assessment for an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance No. 171, Second Series Effective Date: 1-24-85 Source: Ordinance No.222;Second Series - Effective Date: 5-14-87 Source: Ordinance No. 332, Second Series Entire Section 6.20 repealed and a new Section 6.20 adopted Effective Date: 3-18-93 (Sections 6.21 through 6.98,inclusive,reserved for future expansion). SEC. 12.31 Sanitary Sewer,Watermain,and Utility Service Improvement, Special Assessment Policy.- (Assessment Policy for street improvements such as street, storm sewer and sidewalks, can be found in Chapter 6, Section 6.20.) Subd. 1. GENERAL: Sanitary sewer,watermain,and utility service improvements shall be assessed as one combined project cost with street, sidewalk and storm sewer improvements based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to the public improvements: Subd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council,and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3. SANITARY SEWER,WATERMAIN,AND UTILITY SERVICE IMPROVEMENTS. Assessments for the construction of sanitary sewer lines greater than 10 inches in diameter shall be on the basis of an equivalent 10 inch diameter sanitary sewer. The additional cost for installing sanitary sewer lines greater than 10 inches in diameter shall be paid by the City. Assessments for the construction of watermains greater than 8 inches in diameter shall be on the basis of an equivalent 8 inch diameter watermain. The additional cost for installing watermains greater than 8 inches in diameter shall be paid by the City. The cost of replacing or repairing existing sanitary lines shall not be assessed against abutting property owners but shall be funded by the City's Waste Water Fund. The cost of replacing or repairing existing watermains shall not be assessed against abutting property owners but shall be funded by the City's Water Fund. A presumption will be made for new sanitary sewer,watermain and utility service construction that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The project cost shall reflect the maximum equivalent costs of a 10 inch diameter sanitary sewer and 8 inch diameter watermain as listed above. The Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit,or if the property owner(s)to be assessed request(s) _ an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. A per lot assessment basis shall be used for new sanitary sewer,watermain or utility service improvements, except where inconsistencies in lot size, frontage and/or development densities exist, in which case assessments based on abutting frontage maybe used. In general, there should be no City participation for new sanitary sewer,watermain or utility service improvements except for large sanitary sewer or watermains, as listed above. Subd. 4.UTILITY SERVICE REPLACEMENTS. When replacing existing functional utility service lines within the street right of way as part of an improvement project, a presumption will be made that the special benefit accrued by the serviced property will equal 50%of the service replacement project cost. The City shall pay the remaining fifty percent of the replacement cost of the utility service lines. Subd. 5.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions, the City reserves the right to levy an assessment or an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance 332,Second Series(Sec. 12.31) Effective Date: 3-18-93 This ordinance shall become effective upon passage and seven days after publication. ADOPTED BY THE CITY COUNCIL OF HASTINGS,MINNESOTA,THIS 4* DAY OF SEPTEMBER,2001. Ayes: Nays: Michael D. Werner,Mayor ATTEST: Melanie Mesko, City Clerk (Seal) , Elm LVA FLUEGEL & MOYNIHAN P.A. Attorneys At Law Donald J.Fluegel* 1303 South Frontage Road,Suite 5 Telephone 651-438-9777 Shawn M.Moynihan Hastings,MN 55033-2477 Fax 651-438-9775 Joan M.Fluegel Daniel J.Fluegel August 30, 2001 Mayor Michael D.Werner and City Council Members Hastings City Hall 101 East 4b Street Hastings,MN 55033 RE: Proposed Revised Assessment Policy Dear Mayor and City Council Members: At the.September 4,2001 city council meeting,the council will be asked to approve the second reading of a revised assessment policy. I was asked by Public Works Director,Tom Montgomery, to review the proposed ordinance and provide comments to him and the city council. Since Tom is out of the office this week,I have not been able to discuss my proposed changes with him. I thought I would send these comments to the council so that you would have them prior to the council meeting. I will also be discussing these proposed changes with Tom upon his return. We will be ready to make a recommendation to_the council at the council meeting. I will show any additions I propose by underlining words and any deletions by crossing out words. SECTION 6.20. STREET, SIDEWALK, AND STORM SEWER IMPROVEMENT SPECIAL ASSESSMENT POLICY. Subd.2. DETERMINATION OF BENEFIT:The estimate benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council, and.when deemed necessary by the City Council or Public Works Director,based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd. 3. STREET, SIDEWALK AND STORM SEWER IMPROVEMENTS: All street, sidewalk and storm sewer improvements shall be classified into two categories;New Construction and Reconstruction or Rehabilitation,which shall be defined as follows: A. New Construction. All public improvement construction where there is no existing pla improved right of way and improved, maintained roadway prior to the commencement of construction. B. Reconstruction or Rehabilitation. All public improvements other than New Construction. Subd. 4. NEW CONSTRUCTION STREET, STORM SEWER & SIDEWALK IMPROVEMENTS:A presumption will be made forNew Construction street,storm sewer and sidewalk improvements that the project cost ofthe ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. However, the Public Works Director may order an opinion of special benefit if the Public Works Director or City Council questions whether the project cost may exceed special benefit-, riftlie- property owner(s)to be assessed request(s)an opinion of special benefit and the City Council orders the *Also admitted to practice in Wisconsin Mayor Michael D. Werner and City Council Members Proposed Revised Assessment Policy Page 2 August 30,2001 opinion of special benefit to be prepared. Requests for an opinion of special benefit to be prepared should be made on or before the Improvement Hearing date. Subd. 5. COLLECTOR AND MUNICIPAL STATE AID STREETS. All street, storm sewer, and sidewalk reconstruction improvements on collector or Municipal State Aid streets shall be constructed to Minnesota Department of Transportation State Aid standards. For reconstruction or rehabilitation of Collector Streets or State Aid Streets, a presumption will be made that 25% of the estimated project cost of the ordered street,storm sewer and sidewalk improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The estimated project cost will be prepared by the Public Works Director and based on the low bids received for the improvement construction. However,the Public Works Director may order an opinion of special benefit if the City Council or Public Works Director questions whether 25%of the estimated project costs of the ordered street, storm sewer and sidewalk improvements may exceed special benefit.or if the property owner(s)to be assessed requesqs)an opinion of speciai ben and the eity eouncii�rders the opinion of special benefit to be perfbrmed. The division of 25%of the estimated project costs shall be based on abutting frontage except as follows: SECTION 12.31. Sanitary Sewer, Watermain and Utility Service Improvement, Special Assessment Policy. Subd.2. DETERMINATION OF BENEFIT:The estimated benefit of the public improvements shall be determined by the Public Works Director,subject to the approval by the City Council,and when deemed necessary by the City Council or Public Works Director,based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd. 3. Paragraph 3. A presumption will be made for new sanitary sewer,watermain and utility service construction that the project costs of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The project cost shall reflect the maximum equivalent costs of a 10 inch diameter sanitary sewer and S inch diameter watermain as listed above. The Public Works Director may order an opinion of special benefit if the City Council or Public Works Director questions whether the project cost may exceed special benefit.; or if the propetty owner(s)to be assessed request(s)an opinion of speciai benefit and the eity eotincif Very truly yours, FLUEGEL &MOYNIHANP.A. Shawn M. Moym an City Attorney SM-No srk cc: omas M. Montgomery,Public Works Director VII-3 MemoVIII-B-1 To: Mayor Werner and City Council From: Kris Jenson Date: August 29, 2001 Subject: Public Hearing - Chapter 10, Section 10.08 - Sign Ordinance City Staffhave been working on revising the existing sign ordinances.The purpose of this ordinance is to improve the aesthetics appearances of signage within the City of Hastings. Several other Twin City area communities have adopted similar ordinances to apply to their existing business areas. Perhaps the most notable in this area is West St. Paul, in the area of Robert Street, which is a commercial area comparable to Hwy 61Nermillion Street in Hastings. Background Information: City staff recognizes that signs are an integral advertisement tool for most businesses, but they are also a major source of visual pollution in commercial areas. A well maintained site with good landscaping, good building design, and an attractive sign is a very effective advertisement tool. The following sign changes are being proposed for the Hastings sign ordinance. The changes are based on staff research of other communities and sign resources and through planning workshops with the Hastings Planning Commission. These ordinance revisions would apply to all new development and existing developments when they replaced their existing signs. City staff will be proposing an incentive program to work with existing businesses to replace their non-conforming signs. Major Sign Ordinance Revisions 1. Most businesses would be allowed one monument sign per street frontage,not to exceed 50 sq ft in size or 6 ft in height. 2. Shopping centers along Vermillion Street would be allowed one area identification monument sign per street frontage,of which the primary sign could not to exceed 100 sq ft in size or 10 ft in height. Shopping Centers along Hwy 55 would be permitted one area identification sign per street frontage, of which the primary sign could not exceed 100 square feet in size or 20 feet in height. 1 h 3. Wall signage will be limited to 5%of the wall area or 40 sq ft in size,whichever is greater. Other revisions include the prohibition of off-premise signs and requiring directional signs to have a sign permit and be reviewed by the Planning Department. The major issue with ordinance revisions is that everyone is treated fairly. Existing businesses would not have to replace their existing signs,unless they were damaged or are proposed to be replaced with new signs. City staff are proposing these changes to increase the vitality and appearance of commercial areas. These changes will not only appeal to the larger residential community,but will also enhance commercial areas of the community. Planning Commission recommendation: The Planning Commission held a public hearing on August 13', 2001, at which they received no public comment. The Planning Commission unanimously recommended approval of the ordinance changes. Planning Committee recommendation: The Planning Committee met on August 28 , 2001 and recommended the addition of language to clarify that replacement of face plates in signs is classified as maintenance and may be done without requiring the actual sign structure to be upgraded.This language has been added under Section 10.06 Subd. 6 Nonconforming and Illegal Signs. Recommendation: Recommendation to approve the ordinance amending Chapter 10 Land Use Regulations,Section 10.02 Definitions and Section 10.06 Sign Ordinance. 2 t SECTION 10.02. DEFINITIONS. The following terms, as used in this Chapter, shall have the meaning stated: Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni- directional antennas, such as whip antennas. Bed and breakfast: An owner or manager occupied dwelling in which a room or rooms are rented on a nightly basis for periods of less than a week. Meals may or may not be provided. Bed and breakfast unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Buildable area: The portion of a lot remaining after required yards have been provided. Commercial wireless telecommunications service: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enchanced specialized mobilized radio (ESMR), paging, and,similar services that are marketed to the general public. Conversion: The converting of any one-family dwelling to a multiple-family dwelling. "Downtown" Overlay District: That area zoned C-3 bounded by the Mississippi River to the North, 4th Street to the South, Bailly Street to the East, and Eddy Street to the West. Drive-in restaurant or refreshment stand: Any place or premises used for sale, dispensing, or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on site. Dwelling, multiple-family: A residential building designed for two or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single family: A detached residential dwelling unit other than a manufactured home, designed for and occupied by one-family only. Dwelling, two-family: A detached residential dwelling building containing two dwelling units. Dwelling unit: A building or portion thereof constituting a independent housekeeping establishment for owner occupancy, rental or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities. Family: A group of individuals living under one roof. Home occupation: An occupation conducted in a dwelling unit. Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries. Lot: A separate parcel, tract, or area of land undivided by any public street or approved private road, established by plat, metes and bounds subdivision, or as otherwise permitted by law, and occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilitized for a principal use and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this Ordinance for such building, use or development. Lot-corner (corner lot): A lot at the intersection of two or more streets. Lot frontage: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sizes of a lot next to streets shall be considered frontage, and yards shall be provided as indicated under"yards" in this Section. Lot-interior(interior lot): A lot other than a corner lot with only one frontage on a street. Lot measurement: The depth of a lot shall be considered the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.Width of a lot shall be considered the distance between straight lines connecting the front lot width at setback. Lot of record: A lot that is part of a plat recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of that has been so recorded. Y Lot-through (through_lot): A lot other than a corner lot with frontage on more than one street. Manufactured Home (Mobile Home): A single family detached housing built to the National Manufactured Housing Construction and Safety Standards Act of 1974 or as may be amended. Measured distances: That all distances expressed in feet shall be to the nearest tenth of a foot. Motor vehicle impound lot: A facility for the temporary storage of motor vehicles, as defined by Minnesota Statutes Chapter 169. This definition does not include the storage of motor vehicles for salvaging, repairing, stripping, dismantling, sales or storage beyond time limits provided by ordinance. Principle Structure: A structure in which is conducted the primary use of the lot. Public Utility: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, personal wireless service shall not be considered public utility uses, and are defined separately. Public Safety Telecommunications Services: Licensed telecommunications systems used by local governments and all other public and private entities eligible under Part 90 of the FCC rules for public safety purposes including police, fire, emergency medical, highway maintenance, and forestry conservation radio service. Residential Care Facility- Dependent: A residential facility licensed in accordance with Minnesota Rules Chapter 4655.0100, Subpart 8 now in effect, or as may be amended in the future, and used to provide full dependent care for aged or infirm persons who require nursing care and related services. Residential Care Facility- Semi-independent: A state licensed residential facility for aged and/or disabled persons within which provides only personal or custodial care. Residential Senior Facility- independent: A residential facility in which at least one resident per dwelling unit is 55 or older. The dwelling units must be self- contained and physically accessible to aged persons. Roof Line: That line in which an exterior wall surface of a building structure departs from a vertical plane. Senior/Disabled Citizen Dwelling Unit: Is defined pursuant to Section 10.12, Subd. 313(1). Service Station: A retail station for servicing motor vehicles especially with gasoline, oil and other accessories. Shopping Center: A group of commercial retail establishments with multiple tenants that share parking and have a visual appearance as a contiguous structure that may or may not be planned, constructed or managed as a total entity. Sian: Any letter work, symbol, model, printed, projected or affixed device, poster, picture, reading matter, or other representation in the nature of an advertisement, announcement, direction or informative device including structural and compound parts that is located outdoors and is larger than one square foot in area. Banners: Attention getting devices that resemble flags and are of a paper, cloth or plastic like consistency. Construction Sign: Any sign that displays information regarding the construction or development of the site in which it is displayed. Directional Sign: A sign that serves primarily to direct traffic to the location of a place, area or activity. Flag: A rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a nation), signaling device (nautical), or attention getting device (advertising). Freestanding Sign: A sign that is self supporting and affixed to a frame structure, not attached to a building. Grade of Sign: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the sign and a line 10 feet from the sign. Sign Height: The height of a sign shall be measured from the grade of the sign. Identification Sign: A sign that displays only the name, address and title of an occupant or the name and address of a building or development. Sign Illumination: A light source within or directed at the sign. Monument Sign: any freestanding sign with it's sign face mounted on the .ground or mounted on a base at least as wide as the sign. Non-conforming Sign: Any sign that does not conform to the regulations of this ordinance. Off-Premise Sign: Any sign which advertises anything other than the business located on the same lot. Permanent Sign: Any sign other than a temporary sign. Portable Sign: A sign so designed as to be movable from one location to another that is not permanently attached to the ground, sales display device or structure. Projecting Sign: Any sign affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit. Public Sign: Any sign display intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news, etc. This does not include any information that would be related to the products or services at the display site. Real Estate Sign: Any sign about the sale, lease or rental of land or buildings. Roof Line: That line at which an exterior wall surface of a building structure departs from a vertical plane. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Shopping Center Area Identification Siqn: A freestanding sign used to identify single tenant or multi-tenant buildings. Sign Area: That area within the marginal lines or extreme outside edge of the surface that bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area included in the smallest rectangle that can be made to circumscribe any message, figure or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area. Temporary Sian: Any sign used only temporarily and is not permanently mounted. Traffic Sign: A sign erected by a governmental agency for guiding vehicular traffic and providing information to motorists. Wall Sign: A sign affixed to the exterior wall, mansard roof or soffit of a building that is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, or extend beyond the top of the parapet wall. Special use: A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety and welfare. Special uses may be permitted in a zoning district if specific provision for such special uses is made in this Zoning Ordinance. Street right-of-way: The line dividing privately owned property from property dedicated or conveyed for public use. Structure: Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, manufactured homes and fences. Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Tower. Multi-User: A tower designed for the antennas of more than one commercial wireless telecommunications service provider or governmental agency. Tower, Single-User: A tower designed for only the antennas of a single user. Travel trailer: A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes. Variance: A modification from the literal requirements of this ordinance. Yard: A required open space on a lot adjoining a lot line, containing only landscaping or other uses and structures provided by this zoning ordinance. Yard, front: A yard extending along the full width of a front line between side lot lines and from the front lot line to the front building line in depth. Yard side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or without either a front or rear yards, to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot. Yard, rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. Yard, special: A yard behind any required yard next to a public street, required to perform the same functions as a side or rear yard, but next to a lot line so placed or oriented that neither the term "side" nor"rear" yard clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be - located to the adjoining lot or lots, with due regard to the orientation and location of structures areas thereon. Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line. Source: Ordinance No. 417, Second Series Effective Date: October 20, 1997 SECTION 10.08 SIGN ORDINANCE SUBD. 1. GENERAL PROVISIONS. a. Purpose: The purpose of these provisions is to: 1. Establish standards that would permit businesses in the city a reasonable and equitable opportunity to advertise. 2. Preserve and promote civic beauty and not allow signs that would detract from this purpose because of unusual size, shape, height, location, condition or illumination. 3. Insure that signs shall not create a safety hazard. 4. Preserve and protect the value of land and buildings and also preserve and protect landscapes. b. Definitions: See Section 10.02 (DEFINITIONS). c. General: The following are minimum requirements: 1. All signs shall be erected or installed according to state building and electrical codes. Furthermore, all electrical signs shall require underground wiring. 2. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris, bushes, high grass/weeds or anything else that would be a nuisance. 3. Address signs that are clearly legible from the street which access is gained shall be required for each principal structure, except in nonsewered areas where addresses shall be affixed and visible from both sides of the mailbox and/or a separate structure visible from the access or street. 4. Illuminated signs shall be designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. 5. Except as otherwise regulated herein, the minimum setback from property lines for all signs may be zero feet provided that no portion of the sign extends into public right of way. 6. Signs permitted by this section shall be designed and constructed to resist wind and seismic forces as specified in the 1982 Uniform Sign Code. 7. Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section, the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. 8. Portable signs are allowed in all commercial districts, except within the Downtown Overlay District, in addition to permanent signs, only by temporary permit issued by the Community Development Division according to provisions established under Subdivision 5 of this Section. Portable signs may not exceed 32 square feet in size or six feet in height. The length of permits for portable signs shall be either 15 or 30 days. Permits for portable signs may be obtained for no more than 60 days per legal parcel per year. Only one portable sign per legal parcel may be permitted at a time. Portable signs may not be situated within any public street right-bf-way or easement. Temporary sign permit fees shall be established by resolution of City Council. SUBD 2. PROHIBITED SIGNS AND SIGN STRUCTURES. a. No sign shall be located within or over a public right of way unless otherwise specifically permitted by this section or the City Council. b. No illuminated flashing or revolving signs shall be permitted except movie theaters, time and temperature provided such signs are designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. Furthermore, movie theaters with illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and shall not be operated between midnight and 6:00 a.m. c. No sign shall be erected or maintained in a way that obstructs, obscure or otherwise physically interfere with an official traffic sign, signal/device or driver's view of approaching, merging or intersecting traffic. d. No sign shall be erected or maintained which imitates or resembles any 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 fire escapes. h. No sign shall be supported by guy wires. L 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. No off-premise signs permitted. k. Any sign not expressly permitted by the provisions of Section 10.08. 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. G. On site direGtienal signs in�rm ial industrial and puhlin_ zoning distriGts for direntinn v iGUI& nr in a s -rvr-vn-ccamg--ve�l,vu.ur-vr-�e�eS�FFaR-�f 6-�ru� nGivenient manner, �e�+crtv eiivn Anes not adyeFtice nr list the name of a business. � d. Election/campaign signs on private property provided such signs are posted no sooner than 100 days before a city, school, county, state or federal election and removed within 10 days following an election. No election signs shall be affixed to utility poles. e. Real estate, lease and rental signs not more than 15 square feet for residentially zoned property and 32 square feet for nonresidentially zoned property provided only one sign per street frontage upon which the property to be sold or leased abuts. f. Open house signs no larger than five square feet that state that a particular home, commercial, industrial or public institutional structure will be open for public inspection for a limited number of hours on a specific day. Said signs may be placed in the city boulevard area on the same day of the open house and only during the open house. g. 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. h. 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 1.0 feet in height may be allowed up to - seven days. L Name plate signs displaying only the name or address of the owner not to exceed two square feet. j. 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. k. No trespass/no hunting and similar signs not to exceed two square feet in size may be placed on private property. I. Ribbons, banners, pennants, and similar devices are allowed in commercial, industrial and public institution districts. Such devices are intended to be temporary and if they become torn, discolored or in any way damaged to modify their original appearance, said devices shall be removed. m Temporary holiday signs or displays relating noncommercial messages associated with national, state or local holidays or festivals. n. One temporary seasonal farm products sales sign not to exceed 32 square feet in size. o. Flags or insignia of any government. SUBD 4. SIGNS REQUIRING A PERMIT. a. "A". "R" and "P-I" Districts: 1. One monument identification sign not to exceed 50 square feet in size or five feet in height for residential developments with six or more single family or multiple family dwelling units. 2. One monument identification sign not to exceed 50 square feet in size or five feet in height for each church, public or parochial school, hospital and residential care facility. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. b. C-1 and 0-1 Districts: 1. One free standing monument sign for each principal structure or legal parcel, whichever is more restrictive, not to exceed 50 square feet in size or 20 6 feet in height. 2. Wall signs not to n ed 10 per-Gent of the wall aFea that the_sinn(s) is to he {lased: Wall, Canopy, or Marquee. Total sign area on any one side of a building may not exceed five percent (5%) of the building fagade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of the parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. c. C-2 District: 1. One free standing monument sign for each principle structure or legal parcel, whichever is more restrictive, however, lots adiacent to more than one street - may have one (1) sign per street frontage. Signs shall not to exceed 400 50 square feet in size or 20 6 feet in height. 2. Additional fre ging monument signs permitted for Automobile Dealerships: L One freestanding monument sign not to exceed 4W 50 square feet or 20 6 feet in height for advertisement of sale of preowned automobiles. ii. One freestanding monument sign not to exceed 400 50 square feet or 2-G 6 feet in height for each additional new automobile product line (automobile make) sold on the premises. 3. Wall signs not to exGeed 20 per-Gent of the wall aFea that the sign(s) is to be placed:-Wall, Canopy, or Marquee. Total sign area on any one side of a building may not exceed five percent (5%) of the building fagade on which the sign is erected, or forty (40) -square feet, whichever is greater. Sign height shall not exceed the top of the parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. d. C-3-and-G4 and-" Districts: One free standing sign ffGF eaGhnn%3trrantUre, unified development Gr legal nwrnel� ,�ih�hey--'_ nre VStFiGtive, not to ex-Geed 1 aFee feet "Downtown" `7`" size or 20 feet in height exGept the buildings ever 20e 000 square feet ' _i Wall signs not to ex-Geed 20 pement of the wall area that the sign(s) is to be ' n n 000 squaFe feet in size not • One fFee standinge to evneed '17r. squaFe fee* in size or 20 fee* in height. ,(i One free cta dingnfGF eaGh building eve; 30,000 ysquare fee* in size not to ex-Geed 150 c q sere fee* in size OF 20 fee*in height 4. One-area-idee ;hopping GenteF meFe than 100,000 square feet not to exneeeQ 150 ft in .size OF 30 that shall identify n ` 1,1 size � businesses therein and may ,Qe�t+#y-tl�eflte�enly;-fleesadvert+�.�e-tqt��.�--�R�.,,,-�.-n,�- ineh p_ fGUF(4) hcino ce H*hamthe sheppiAg Gen 1. Single Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area ger'sign with a maximum height of six (6) feet. B Wall Canopy, or Marquee - Total sign area on any side of a building may not exceed five (5) percent of the building fagade on which the sign is erected or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 2. Multiple Occupant Building A Area identification. One (1) monument sign may be erected on a lot. The sign shall not exceed one hundred (100) square feet in area nor be higher than ten (10) feet. Monument signs may include the name of the development and up to four(4) tenants of the development. B Occupant Identification. Sign area may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet whichever is greater. For purposes of calculating area, the building itself shall be used. The building fapade of the leasehold shall not include the area of any canopy. I. Wall siqns shall be erected within the leasehold and their width shall not extend to any point less than one (1) foot from the leasehold boundary. II. Sign height shall not exceed the top of parapet wall or, of there is no parapet wall, sign height shall not exceed height of eaves. 3. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted, provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location of directional signs will be determined through sign permit review. e. C-4 Districts: 1. Single Occupant Building A. Under 100,000 square feet - One monument sign for each principal structure unified development or legal parcel, whichever is more restrictive however, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. C. Over 100,000 square feet - One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive however, lots adjacent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed seventy-five- (75) square feet in area per sign with a maximum height of fifteen (15) feet, and a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six(6) feet. B. Wall, Canopy, or Marquee - Total sign area on any side of a building may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet-whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 2. Multiple Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Primary siqn shall not exceed one hundred (100) square feet in area per sign with a maximum height of twenty (20) feet, and a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. Monument signs may include the name of the development and up to four (4) tenants of the development. B. Occupant Identification. Sian area may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. For purposes of calculating area, the building itself shall be used. The building facade of the leasehold shall not include the area of any canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one (1) foot from the leasehold boundary. ll. Sign height shall not exceed the top of parapet wall or, of there is no parapet wall, sign height shall not exceed height of eaves. 3. Movie theatres. The primary wall sign may not exceed ten (10) percent of the building facade on which the sign is erected. Secondary signs on the other building facades may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. 4. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted, provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location of directional signs will be determined through sign permit review. e. 1-1 and 1-2 Districts: 1. One #Fee standing monument sign for each principal structure or legal parcel, whichever is more restrictive, not to exceed 4wW 50 square feet in size and 20 6 feet in height. 2. Wall signs not to exGeed 20 perGent of the wall aFea that the sign(s) is to be phased:Wall, Canopy, or Marquee —Total sign area on any side of a building may not exceed five (5) percent of the building fagade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. - 3. On-site directional signs for directing vehicular or pedestrian traffic in a safe and convenient manner are permitted provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location will be determined through sign permit review. f. "Downtown" Overlay District: 1. The "Downtown" Overlay District as established in this ordinance has a unique and historic character. Downtown Hastings is a remarkably intact and compact example of commercial architecture from the 1860's to the 1920's. This historic character is considered an important asset of "Downtown" and, therefore, it is the intent of the Sign Section that this character be preserved. To accomplish this objective all permanent signage within the "Downtown" Overlay District 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: c. 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. d. 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. e. 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. f. Plastic, aluminum and black 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. g. Signage shall be permitted on canvas or treated cloth awnings where they are compatible with the age of the building and character of"Downtown". h. Proiectina signs are permitted within the East 2nd Street Historic District upon approval of the Heritage Preservation Commission The signs must conform with the following: 1. Minimum height above grade is eight (8) feet Maximum height above grade is 11' for the sign, and 12' for the bracket. 2: Sian may not project more than two and one-half (2.5) feet from the face of the building. 3. Total sign face may not exceed six(6) square feet 4. Materials must be wood and/or metal. Plastic signs are not permitted 5. Proiecting signs may not be lit, internally or externally. 6. Plans must be submitted to show how the sign will be anchored to the building and masonrv. 7. Only one Proiectina sign permitted per business or building 8. Signs must be advertising a specific business name not a generic product. 9. The sign area of the projecting sign comes off the total signage allowed for the building under the Downtown Overlay District requirements. PICTURE GOES HERE 2. All signs to be constructed within the "Downtown" Overlay District on properties that are designated as Heritage Preservation Sites or are in a Historic District are subject to approval by the Heritage Preservation Commission. 3. Freestanding signs are prohibited in the "Downtown" Overlay District. 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. 1. Sign applications are available from the Community Development Division. The applicant shall include sign dimensions, height, colors, construction materials, method of anchoring, content, and location. A sketch or photograph of the proposed sign is required and a site plan that adequately illustrates the location of the sign. In addition, the application shall include the location and size of all other signs at the subject property/development. 2. Once a completed sign application is filed with the Community Development Division, staff shall review the plans and specifications for the proposed sign(s). If the proposed sign(s) meets ordinance requirements, the building code and all other laws and ordinances of the City, a sign permit will be approved. - 3. The required fee as established by resolution of the City Council shall be paid to the City before issuance of a sign permit. SUBD 6. NONCONFORMING AND ILLEGAL SIGNS. a. Any sign legally existing on the effective date of this ordinance that does not conform to the requirements set forth in this ordinance shall become a nonconforming use and/or structure. Except as otherwise provided in this section, nonconforming signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance. Furthermore, nonconforming signs are subject to the provisions contained at Section 10.06. b. Any sign that is violation of this ordinance shall be removed or altered to comply with this section. c. Maintenance of existing signs, including the replacement of faceplates of the same size, shall be permitted on non-conforming signs. 0 ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS,ME14NESOTA AMENDING CHAPTER 10 LAND USE REGULATIONS OF THE HASTINGS CITY CODE HAVING TO DO WITH: SEC. 10.02 DEFINITIONS AND SEC. 10.06 SIGN ORDINANCE BE IT ORDAINED by the City Council of the City of Hastings as follows: SEC.10.02 DEFINITIONS AND SEC 10.06 SIGN ORDINANCE of the Hastings City code is amended by adding following text: SECTION 10.02.DEFINITIONS. The following terms, as used in this Chapter, shall have the meaning stated: Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to,the principal use or structure. Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Bed and breakfast: An owner or manager occupied dwelling in which a room or rooms are rented on a nightly basis for periods of less than a week. Meals may or may not be provided. Bed and breakfast unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping,but not for cooking or eating purposes. Buildable area: The portion of a lot remaining after required yards have been provided. Commercial wireless telecommunications service: Licensed commercial wireless telecommunication services including cellular,personal communication services(PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),paging, and 1 similar services that are marketed to the general public. Conversion: The converting of any one-family dwelling to a multiple-family dwelling. "Downtown" Overlay District: That area zoned C-3 bounded by the Mississippi River to the North,4th Street to the South,Bailly Street to the East, and Eddy Street to the West. Drive-in restaurant or refreshment stand: Any place or premises used for sale, dispensing, or servicing of food,refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food,refreshments or beverages on site. Dwelling, multiple-family: A residential building designed for two or more families,with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single family:.A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. Dwelling, two-family: A detached residential dwelling building containing two dwelling units. Dwelling unit: A building or portion thereof constituting a independent housekeeping establishment for owner occupancy,rental or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities. Family: A group of individuals living under one roof. Home occupation: An occupation conducted in a dwelling unit. Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries. Lot: A separate parcel,tract, or area of land undivided by any public street or approved private road, established by plat,metes and bounds subdivision, or as otherwise permitted by law, and occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilitized for a principal use and uses accessory 2 thereto, including such open spaces and yards as are designed and arranged or required by this Ordinance for such building,use or development. Lot-corner(corner lot),A lot at the intersection of two or more streets. Lot frontage: The front of a lot shall be construed to be the portion nearest the street.For the purposes of determining yard requirements on corner lots and through lots, all sizes of a lot next to streets shall be considered frontage, and yards shall be provided as indicated under"yards" in this Section. Lot-interior(interior loth A lot other than a corner lot with only one frontage on a street. Lot measurement: The depth of a lot shall be considered the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Width of a lot shall be considered the distance between straight lines connecting the front lot width at setback. Lot of record: A lot that is part of a plat recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds,the description of that has been so recorded. Lot-through(through loth A lot other than a corner lot with frontage on more than one street. Manufactured Home(Mobile Home): A single family detached housing built to the National Manufactured Housing Construction and Safety Standards Act of 1974 or as may be amended. Measured distances: That all distances expressed in feet shall be to the nearest tenth of a foot. Motor vehicle impound lot: A facility for the temporary storage of motor vehicles, as defined by Minnesota Statutes Chapter 169. This definition does not include the storage of motor vehicles for salvaging,repairing, stripping, dismantling, sales or storage beyond time limits provided by ordinance. Principle Structure: A structure in which is conducted the primary use of the lot. Public Utility: Persons, corporations, or governments supplying gas, electric,transportation, 3 water, sewer, or land line telephone service to the general public. For the purpose of this ordinance,personal wireless service shall not be considered public utility uses, and are defined separately. Public Safety Telecommunications Services: Licensed telecommunications systems used by local governments and all other public and private entities eligible under Part 90 of the FCC rules for public safety purposes including police, fire, emergency medical,highway maintenance, and forestry conservation radio service. Residential Care Facility-Dependent: A residential facility licensed in accordance with Minnesota Rules Chapter 4655.0100, Subpart 8 now in effect, or as may be amended in the future, and used to provide full dependent care for aged or infirm persons who require nursing care and related services. Residential Care Facility- Semi-inde enn dent: A state licensed residential facility for aged and/or disabled persons within which provides only personal or custodial care. Residential Senior Facili , -independent: A residential facility in which at least one resident per dwelling unit is 55 or older. The dwelling units must be self-contained and physically accessible to aged persons. Roof Line: That line in which an exterior wall surface of a building structure departs from a vertical plane. Senior/Disabled Citizen Dwelling Unit: Is defined pursuant to Section 10.12, Subd. 3B(1). Service Station: A retail station for servicing motor vehicles especially with gasoline, oil and other accessories. Shopping Center: A group of commercial retail establishments with multiple tenants that share parking and have a visual appearance as a contiguous structure that may or may not be planned, constructed or managed as a total entity. Sig_ Any letter work, symbol,model,printed,projected or affixed device,poster,picture, reading matter, or other representation in the nature of an advertisement, announcement, 4 direction or informative device including structural and compound parts that is located outdoors and is larger than one square foot in area. Banners: Attention getting devices that resemble flags and are of a paper, cloth or plastic like consistency. Construction Sign: Any sign that displays information regarding the construction or development of the site in which it is displayed. Directional gign: A sign that serves primarily to direct traffic to the location of a place, area or activity. Flay: A rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a nation), signaling device(nautical), or attention getting device(advertising). Freestanding Sign: A sign that is self supporting and affixed to a frame structure,not attached to a building. Grade of Signe: The lowest point of elevation of the finished surface of the ground,paving or sidewalk within the area between the sign and a line 10 feet from the sign. Sight: The height of a sign shall be measured from the grade of the sign. Identification Sign: A sign that displays only the name, address and title of an occupant or the name and address of a building or development. Sign Illumination: A light source within or directed at the sign. Monument Sign: my freestanding sign with it's sign face mounted on the ground or mounted on a base at least as wide as the sign. Non-conformingSign:ign: Any sign that does not conform to the regulations of this ordinance. Off-Premise Sign: Any sign which advertises g&ything�other than the business located on the same lot. 5 Permanent Sign: Any sign other than a temporary sign. Portable Sign: A sign so designed as to be movable from one location to another that is not permanently attached to the ground, sales display device or structure. Projecting Sign: Any sign affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit. Public Sign: Any sign display intended primarily to promote items of general interest to the community such as time,temperature, date, atmospheric conditions,news, etc. This does not include any information that would be related to the products or services at the display site. Real Estate &M Any sign about the sale, lease or rental of land or buildings. Roof Line: That line at which an exterior wall surface of a building structure departs from a vertical plane. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Shopping Center Area Identification-&=A freestanding sign used to identify single tenant or multi-tenant buildings. Sign Area: That area within the marginal lines or extreme outside edge of the surface that bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area included in the smallest rectangle that can be made to circumscribe any message, figure or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area. TemporM&M Any sign used only temporarily and is not permanently mounted. Traffic Sign: A sign erected by a governmental agency for guiding vehicular traffic and providing information to motorists. 6 Wall Sign: A sign affixed to the exterior wall,mansard roof or soffit of a building that is parallel to the building wall.A wall sign does not project more than twelve (12)inches from the surface to which it is attached, or extend beyond the top of the parapet wall. Special use: A use that would not be appropriate generally or without restriction throughout the zoning district but,if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety and welfare. Special uses may be permitted in a zoning district if specific provision for such special uses is made in this Zoning Ordinance. Street right-of-way The line dividing privately owned property from property dedicated or conveyed for public use. Structure: Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings,manufactured homes and fences. Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables,wires,braces,masts,intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Tower, Multi-User: A tower designed for the antennas of more than one commercial wireless telecommunications service provider or governmental agency. Tower, Single-User: A tower designed for only the antennas of a single user. Travel trailer: A vehicular,portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes. Variance: A modification from the literal requirements of this ordinance. Yard: A required open space on a lot adjoining a lot line, containing only landscaping or other uses and structures provided by this zoning ordinance. Yard, front: A yard extending along the full width of a front line between side lot lines and from the front lot line to the front building line in depth. 7 Yard side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or without either a front or rear yards, to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot. Yard,rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. Yard, special: A yard behind any required yard next to a public street,required to perform the same functions as a side or rear yard,but next to a lot line so placed or oriented that neither the term "side" nor "rear" yard clearly applies. In such cases,the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots,with due regard to the orientation and location of structures areas thereon. Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line. Source: Ordinance No. 417, Second Series Effective Date: October 20, 1997 SECTION 10.08 SIGN ORDINANCE SUBD. 1. GENERAL PROVISIONS. a. P=ose: The purpose of these provisions is to: 8 1. Establish standards that would permit businesses in the city a reasonable and equitable opportunity to advertise. 2. Preserve and promote civic beauty and not allow signs that would detract from this purpose because of unusual size, shape,height, location, condition or illumination. 3. Insure that signs shall not create a safety hazard. 4. Preserve and protect the value of land and buildings and also preserve and protect landscapes. b. Definitions: See Section 10.02 (DEFINITIONS). c. General: The following are minimum requirements: 1. All signs shall be erected or installed according to state building and electrical codes. Furthermore, all electrical signs shall require underground wiring. 2. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris,bushes,high grass/weeds or anything else that would be a nuisance. 3. Address signs that are clearly legible from the street which access is gained shall be required for each principal structure, except in nonsewered areas where addresses shall be affixed and visible from both sides of the mailbox and/or a separate structure visible from the access or street. 4. Illuminated signs shall be designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. 5. Except as otherwise regulated herein, the minimum setback from property lines for all signs may be zero feet provided that no portion of the sign extends into public right of way. 6. Signs permitted by this section shall be designed and constructed to resist wind and seismic forces as specified in the 1982 Uniform Sign Code. 7. Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section,the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. 8. Portable signs are allowed in all commercial districts, except within the Downtown Overlay District, in addition to permanent signs, only by temporary permit issued by the Community Development Division according to provisions established under Subdivision 5 of this Section. 9 Portable signs may not exceed 32 square feet in size or six feet in height.The length of permits for portable signs shall be either 15 or 30 days.Permits for portable signs may be obtained for no more than 60 days per legal parcel per year. Only one portable sign per legal parcel may be permitted at a time.Portable signs may not be situated within any public street right-of-way or easement. Temporary sign permit fees shall be established by resolution of City Council. SUBD 2. PROHIBITED SIGNS AND SIGN STRUCTURES. a. No sign shall be located within or over a public right of way unless otherwise specifically permitted by this section or the City Council. b. No illuminated flashing or revolving signs shall be permitted except movie theaters,time and temperature provided such signs are designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. Furthermore, movie theaters with illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and shall not be operated between midnight and 6:00 a.m. c. No sign shall be erected or maintained in a way that obstructs,obscure or otherwise physically interfere with an official traffic sign,signal/device or driver's view of approaching,merging or intersecting traffic. d. No sign shall be erected or maintained which imitates or resembles any 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 ofpaper,cardboard or similar material and attached directly to a building. g. No sign/structure shall be placed that will obstruct safe access to doors,windows or fire escapes. h. No sign shall be supported by guy wires. i. No sign shall be placed on a rooftop or project above the roof line when attached to a structure except as may be permitted by the City Council under Subd. 1, of this section. j. No off-premise signs permitted. k. Any sign not expressly permitted by the provisions of Section 10.08. 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. 10 direeting ve�Aettlar or pedestrian traffie in a safe and eonvettient mamer,provided the sign not advertise or list the name of a bitsines�.- d. Election/campaign signs on private property provided such signs are posted no sooner than 100 days before a city, school, county, state or federal election and removed within 10 days following an election.No election signs shall be affixed to utility poles. e. Real estate,lease and rental signs not more than 15 square feet for residentially zoned properly and 32 square feet for nonresidentially zoned property provided only one sign per street frontage upon which the property to be sold or leased abuts. f. Open house signs no larger than five square feet that state that a particular home,commercial, industrial or public institutional structure will be open for public inspection for a limited number of hours on a specific day. Said signs may be placed in the city boulevard area on the same day of the open house and only during the open house. g. 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. h. 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. i. Name plate signs displaying only the name or address of the owner not to exceed two square feet. j. 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. k. No trespass/no hunting and similar signs not to exceed two square feet in size may be placed on private property. 1. Ribbons, banners, pennants, and similar devices are allowed in commercial, industrial and public institution districts. Such devices are intended to be temporary and if they become torn, discolored or in any way damaged to modify their original appearance, said devices shall be removed. in Temporary holiday signs or displays relating noncommercial messages associated with national, 11 state or local holidays or festivals. n. One temporary seasonal farm products sales sign not to exceed 32 square feet in size. o. Flags or insignia of any government. SUBD 4. SIGNS REQUIRING A PERMIT. a. "A", "R" and"P-I" Districts: 1. One monument identification sign not to exceed 50 square feet in size or five feet in height for residential developments with six or more single family or multiple family dwelling units. 2. One monument identification sign not to exceed 50 square"feet in size or five feet in height for each church,public or parochial school, hospital and residential care facility. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. b. C-1 and 0-1 Districts: 1. One free standing monument sign for each principal structure or legal parcel,whichever is more restrictive,not to exceed 50 square feet in size or 20 6 feet in height. 2. Wall, Canopy,or Marquee.Total sign area on any one side of a building may not exceed five percent (5%) of the building facade on which the sign is erected, or f L 40) square feet, whichever is greater. Sign height shall not exceed the top of the parapet wall or,if there is no parapet wall, sign height shall not exceed height of eaves. c. C-2 District: 1. One free standiing monument sign for each principle structure or legal parcel,whichever is more restrictive, however, lots adjacent to more than one street may have one (1) signer street frontage. Sims shall not to exceed+00 50 square feet in size or 20 6 feet in height. 2. Additional monument signs permitted for Automobile Dealerships: i. One freestarxEng monument sign not to exceed 4.00 50 square feet or 20 6 feet in height for advertisement of sale of preowned automobiles. ii.- One freestanding monument sign not to exceed 400 50 square feet or 20 6 feet in height for each additional new automobile product line (automobile make) sold on the premises. 12 3. Wall signs not to exeeed 29 pereent of the wa4l area that the sign(s) is to . Wall. Canopy,or Marquee.Total sign area on any one side of a building mu not exceed five percent (5%) of the building facade on which the sign is erected, or forty(40) square feet.whichever is greater. Sign height shall not exceed the top of the parapet wall or,if there is no para en t wall, sign height shall not exceed height of eaves. d. C-3-, and-C-4 ate-§Districts: > > wltiehe v eiiiartivre restrietive,not to exeeed 100 square feet in size or 29 feet in height exeept. > • 2. WaR signs not to exeeed:20 pereent afthe waR area that the sign(s) is to be plaeed exeept th-a "Downtown" Overlay Dist4et-. 3. Gne free standing sigft for eaelt beilding over 20,000 square feet in size not to exeeed 125. sqttare feet itt size or 20 feet in height. 4. 9ne ftee standing sign fbr eaeh building over 30,009 square feet irt size not to exeeed 150 square feet itt size or 29 feet itt lteigbA. 3. E)tte area identifieation sign per shopping eenter more than 109,999 square feet not to exeeed 150 square feet in size or 30 feet in height that sha4l idetifify the eenter,only,not advertise btisinesses therein and may inelude up to four(4)businesses within the shopping eenter. 1. Single Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive,however,lots ad j scent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fi , (50) square feet in area per sign with a maximum hei ht of six 6) feet. B. Wall.Canopy,or Marquee-Total sign area on any side of a building may not exceed five (5)percent of the building fagade on which the sign is erected, or f M(40) square feet, whichever is greater. Sign height shall not exceed the In of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 1. Multiple Occupant Building A. Area identification. One(1)monument sign may be erected on a lot. The sign shall ,not exceed one hundred (100) square feet in area nor be higher than ten (10) feet. Monument signsmgy include the name of the development and up to four 4)tenants of the development. 13 B. Occupant Identification. Sign area may not exceed five(5)percent of the building fagade on which the sign is erected,or folly(40)square feet,whichever is greater.For purposes of calculating area,the building itself shall be used.The building facade of the leasehold shall not include the area of any canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one(1) foot from the leasehold boundar. II. Sign height shall not exceed the top of parapet wall or,of there is no parapet wall,sign height shall not exceed height of eaves. 3. On-Site Directional Signs.To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs_ are permitted,provided the sign does not exceed four(4) feet in height and two 2) square feet in size. The number and location of directional signs will be determined through sign permit review. c. C-4 Districts: 1. Single Occupant Building A. Under 100,000 square feet - One monument sign for each principal structure, unified development or legal parcel,whichever is more restrictive,however,lots adj scent to more than one street may have one(1) sign per street frontage. Signs shall not exceed fifty(50) square feet in area per sign with a maximum height of six (6) feet. B. Over 100,000 square feet — One monument sign for each principal structure, unified development or legal parcel,whichever is more restrictive,however,lots adjacent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed seven -five (75)square feet in area per sign with a maximum height of fifteen(15)feet, and a secondary street frontage sign shall not exceed fifty(50)square feet in area per Isign with a maximum height of six(6) feet. C. Wall, Canopy,or Marquee—Total sign area on any side of a building may not exceed five (5) percent of the building fagade on which the sign is erected, or forty_(40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 1. Multiple Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one 1) sign per street frontage. Primary sign shall not exceed one hundred(100)square feet in area per sign with a maximum height of twentyl20) feet, and a secondary street 14 frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six(6)feet.Monument si ns may include the name of the development and up to four(4)tenants of the development. B. Occupant Identification. Sign area may not exceed five(5)percent of the building fagade on which the sign is erected,or forty(40)square feet,whichever is greater.For p=oses of calculating area,the building itself shall be used.The building fagade of the leasehold shall not include the area of M canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one(1) foot from the leasehold boundary II. Sign height shall not exceed the top of parapet wall or,of there is no parapet wall,sign height shall not exceed height of eaves. 1. 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 fagade on which the sign is erected, or forty (40)square feet, whichever isegr .ater. 4. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signspermitted,provided the sign does not exceed four(4) feet in height and two 2) square feet in size. The number and location of directional signs will be determined through_sign permit review. e. I-1 and I-2 Districts: 1. One free sig monument sign for each principal structure or legal parcel,whichever is more restrictive, not to exceed 4-00 50 square feet in size and 29 6 feet in height. 2. Wall, Canopy,or Marquee Total sign area on any side of a building may not exceed five(5)percent of the building fagade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or,if there is no parapet wall, sign height shall not exceed height of eaves. 3. On-site directional signs for directing vehicular or pedestrian traffic in a safe and convenient manner are permitted provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location will be determined through sign permit review. f. "Downtown" Overlay District: 15 1. The "Downtown" Overlay District as established in this ordinance has a unique and historic character. Downtown Hastings is a remarkably intact and compact example of commercial architecture from the 1860's to the 1920's. This historic character is considered an important asset of"Downtown" and, therefore, it is the intent of the Sign Section that this character be preserved.To accomplish this objective all permanent signage within the"Downtown"Overlay District 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: c. 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. d. 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. e. 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. f. Plastic,aluminum and black 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. g. Signage shall be permitted on canvas or treated cloth awnings where they are compatible with the age of the building and character of"Downtown". h. Projecting signspermitted within the East 21d Street Historic District upon approval of the Heritage Preservation Commission. The signs must conform with the following_ 1. Minimum height above grade is eight(8)feet. Maximum height above grade is 11' for the sign, and 12' for the bracket. 2. Sign may not project more than two and one-half(2.5)feet from the face of the building 3. Total sign face may not exceed six (6) square feet. 4. Materials must be wood and/or metal. Plastic signs are not permitted. 5. Projecting signs may not be lit, internally or externally. 6. Plans must be submitted to show how the sign will be anchored to the building and masonry. 7. Only one projecting.sign permitted per business or building. 16 8. Signs must be advertising a specific business name,notaenteric product. 9. The sign area of the projecting sign comes off the total signage allowed for the building under the Downtown Overlay District requirements. PICTURE GOES HERE 2. All signs to be constructed within the "Downtown" Overlay District on properties that are designated as Heritage Preservation Sites or are in a Historic District are subject to approval by the Heritage Preservation Commission. 3. Freestanding signs are prohibited in the "Downtown" Overlay District. 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. 1. Sign applications are available from the Community Development Division. The applicant shall include sign dimensions,height,colors, construction materials,method of anchoring, content, and location. A sketch or photograph of the proposed sign is required and a site plan that adequately illustrates the location of the sign. In addition, the application shall include the location and size of all other signs at the subject property/development. 2. Once a completed sign application is filed with the Community Development Division, staff shall review the plans and specifications for the proposed sign(s).If the proposed sign(s)meets ordinance requirements,the building code and all other laws and ordinances of the City,a sign permit will be approved. 3. The required fee as established by resolution of the City Council shall be paid to the City before issuance of a sign permit. 17 SUBD 6. NONCONFORMING AND ILLEGAL SIGNS. a. Any sign legally existing on the effective date of this ordinance that does not conform to the requirements set forth in this ordinance shall become a nonconforming use and/or structure. Except as otherwise provided in this section,nonconforming signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance.Furthermore,nonconforming signs are subject to the provisions contained at Section 10.06. b. Any sign that is violation of this ordinance shall be removed or altered to comply with this section. c. Maintenance of existing signs, including the replacement of faceplates of the same size, shall be permitted on non-conforming si ng_s. SECTION 10.26. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision,paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful,or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof,shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. PASSED AND ADOPTED by the Hastings City Council on this day of 2001. Michael D. Werner,Mayor 18 ATTEST: Melanie Mesko,Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings,County of Dakota,Minnesota,on the of , 2001,as disclosed by the records of the City of Hastings on file and of record in the office. 19 Melanie Mesko, Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th ST. Hastings,MN 55033 20 VIII A-1 MEMO To: Honorable Mayor and City Council Members From: Tom Montgomery Subject: Second Reading and Public Hearing Proposed new Assessment Ordinance Policy _ Date: August 30,2001 The Operations Committee of the City Council unanimously recommended adopting the enclosed new assessment policy. Council is requested to hold the second reading of this ordinance revigion. The existing assessment policy is cumbersome to implement and difficult to explain and understand. In addition,with rising construction costs,proposed assessments under the existing policy may likely be exceeding the benefit to the property. The City is not allowed to assess a property for street and utility improvements more than the improvement increases the value of a property(typically defined as the special benefit to the property). The proposed new policy bases assessments on the special benefit to the property. A benefit option for a typical property will be prepared by a Certified General Real Estate Appraiser and used to determine proposed assessments against properties. For Municipal State Aid Streets and other high volume collector streets,the special benefit will be assumed to be equal to 25% of the estimated project cost. For residential street construction,property owners would be assessed at 90% of the estimated benefit to the property. The corner lot assessment share is also proposed to be changed from assessing 50% of the long side of a corner to assessing 25%of the long side of a corner lot. The reduction of assessments against the long side of a corner lot is consistent with a benefits appraisal completed two years ago for an assessment appeal on 12th Street. \\Cityha112\secretarys\Sam\Tom Montgomery\MEMO-8.30.O1Property Assessment.doc City of Hastings Notice of Public Hearing Chapter 6, Streets and Sidewalks Generally, and Chapter 12,Utilities Rules and Regulations Public Improvement Assessment Ordinance Amendment Notice is here given that the Hastings City Council will meet in a public hearing at 7:00 PM on September 4,2001,in the City Council Chambers located in the Hastings City Hall, 101 East St. for reviewing the following matter: AN ORDINANCE OF THE CITY OF HASTINGS,MINNESOTA AMENDING CHAPTERS 6.20 AND 12.31 OF.THE HASTINGS CITY CODE HAVING TO DO WITH REVISING THE ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS Chapters 6.20 and 12.3 1, are proposed to be amended to revise the assessment policy for public improvements: The proposed assessment policy revisions would base assessments for public improvements-on the-estimated benefit received.from such improvements,where benefit is defined by the increase in property value attributable to the public improvements. Before the date of the public hearing,persons may view exhibits concerning this matter that are available at the Hastings City Hall. City Hall hours are 8:00 AM to 4:30 PM Monday through Friday, excluding holidays. Persons may obtain copies of the exhibits at their own expense. All persons are welcome to attend this hearing and make comment. Thomas M.Montgomery Public Works Director Publish: Hastings Star Gazette,August 24 ORDINANCE NO. - SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS REPLACING CITY CODE CHAPTER 6.20 AND CITY CODE CHAPTER12.31,ESTABLISHING A NEW ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THAT CITY CODE SECTIONS 6.20 AND 12.31,BE REPLACED WITH THE FOLLOWING NEW SECTIONS: SECTION 6.20. STREET, SIDEWALK,AND STORM SEWER RVIPROVEMENT SPECIAL.ASSESSMENT POLICY. (Assessment Policy for utility improvements such as sanitary sewer and watermain,can be found in Chapter 12, Section 12.21.) . Subd. 1. GENERAL: Street,Sidewalk, and storm sewer improvements shall be assessed as one combined project cost based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to thepublic improvements. Siabd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council, and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3 STREET, SIDEWALK AND STORM SEWER IMPROVEMENTS: All street, sidewalk and storm sewer improvements shall be classified into two categories;New Construction and Reconstruction or Rehabilitation,which shall be defined as follows: A. New Construction.All public improvement construction where there is no existing platted right of way and improved,City maintained roadway prior to the commencement of construction. B. Reconstruction or Rehabilitation. All public improvements other than New Construction. Subd.4.NEW CONSTRUCTION STREET, STORM SEWER&SIDEWALK IMPROVEMENTS: A presumption will be made for New Construction street, storm sewer and sidewalk improvements that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit,or if the property owner(s)to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be prepared. Requests for an opinion of special benefit to be prepared should be made on or before the Improvement Hearing date. A per lot assessment basis shall be used for street, storm sewer, and sidewalk assessments for New Construction Improvements, except where inconsistencies in lot size, frontage and/or development densities exist,in which case assessments based on abutting frontage may be used. In general,there should be no City participation for street, storm sewer, and sidewalk assessments for New Construction Improvements. Subd. 5.RECONSTRUCTION OR REHABILITATION. All street, storm sewer, and sidewalk reconstruction improvements shall be classified into two categories;Collector and Municipal State Aid Streets,and Non-Collector and Non-Municipal State Aid Streets,which shall be defined as follows: A. Collector and Municipal State Aid Streets: Collector streets are those streets which have an average daily traffic count of 2,000 or-more vehicles per day.Municipal State Aid Streets are those streets within the City on the Minmesota Department of Transportation Municipal State Aid System. B. Non-Collector and Non-Municipal State Aid Streets: All streets other than Collector or Municipal State Aid Streets. Subd. 6. COLLECTOR AND MUNICIPAL STATE AID STREETS.All street., storm sewer, and sidewalk reconstruction improvements on collector or Municipal State Aid streets shall be constructed to Minnesota Department of Transportation State Aid standards.For reconstruction or rehabilitation of Collector Streets or State Aid Streets,a presumption will be made that 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The estimated project cost will be prepared by the Public Works Director and based on the low bids received for the improvement construction. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements may exceed special benefit, or if the property owner(s) to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. The division of 25%of the estimated project costs shall be . based on abutting frontage except as follows: A. Corner Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and twenty five percent of the long side of the lot.The City shall pay the remaining seventy five percent of the assessment on the long side of the corner lot. (2) For corner lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For comer lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. (4) For corner lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular,as in the case of curvilinear streets or cul-de-sacs,a per lot assessment basis may be used in lieu.of the formulas in this section. -The funds for the City's participation as described above for Municipal State Aid streets shall come from State Aid Funds,if available.Funding for the City's participation for Collector streets shall come from the assumption of that portion of the improvement bond Subd. 7.NON-COLLECTOR AND NON-MUNICIPAL STATE AID STREETS. All street, storm sewer,.and sidewalk reconstruction or rehabilitation improvements of non- Collector Streets or non-Municipal State Aid Streets shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed improvements. Properties benefitting from the street, storm sewer, and sidewalk improvements shall be assessed based on abutting frontage except as follows: A. Comer Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and twenty five percent of the long side of the lot. The City shall pay the remaining seventy five percent of the assessment on the long side of the corner lot. (2) For corner lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For corner lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. (4) For corner lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular, as in the case of curvilinear streets or cul-de-sacs, a per lot assessment basis may be used in lieu of the formulas in this section. - Subd. 8. SIDEWALK IlOROVEMENTS. All sidewalks shall be constructed a minimum of five feet in width. In general,where sidewalks are to be constructed in new developments,the sidewalks should be constructed one foot off the property line.Where sidewalks are to be constructed within existing developments,the walks should be constructed at least fifteen feet from existing homes. However,except in commercial or industrial areas,all sidewalks shall be constructed with a minimum five foot boulevard. Subd. 9. SIDEWALK ASSESSMENTS. Where sidewalk improvements are -� constructed aspart of a street and/or utility improvement project, assessments for sidewalks shall be included.with street and/or utility assessments as one combined project cost. Assessment credit shall be given for properties whose existing sidewalk is in good condition and does not need to be replaced as determined by the Public Works Director. The sidewalk assessment credit shall be determined by the Public Works Director and based on the project sidewalk construction costs. Assessments for sidewalks constructed as a stand alone project shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed'sidewalk. Corner lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd. 10. TRUNK STORM SEWER RVIPROVEMENTS. The assessment policy for trunk storm sewers shall be based on benefitted area. All lots contributing storm water runoff to the trunk storm sewer shall be assessed in the same proportion each lot has to the total area contributing storm water runoff to the trunk storm sewer. Subd. 11.LATERAL STORM SEWER IMPROVEMENTS. Where lateral storm sewer improvements are constructed as part of a street and/or utility improvement project, assessments for storm sewer shall be included with street and/or utility assessments as one combined project cost. Assessments for storm sewer constructed as a stand alone project shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed storm sewer. Comer lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd, 12.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions,the City reserves the right to levy an assessment for an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance No. 171, Second Series Effective Date: 1-24-85 Source: Ordinance No. 222;Second Series Effective Date: 5-14-87 Source: Ordinance No. 332, Second Series Entire Section 6.20 repealed and a new Section 6.20 adopted Effective Date: 3-18-93 (Sections 6.21 through 6.98,inclusive,reserved for future expansion). SEC. 12.31 Sanitary Sewer,Watermain,and Utility Service Improvement, Special Assessment Policy.- (Assessment Policy for street improvements such as street,storm sewer and sidewalks, can be found in Chapter 6, Section 6.20.) Subd. 1. GENERAL: Sanitary sewer,watermain,and utility service improvements shall be assessed as one combined project cost with street, sidewalk and storm sewer improvements based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to the public improvements: Subd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council,and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3. SANITARY SEWER,WATERMAIN,AND UTILITY SERVICE IMPROVEMENTS. Assessments for the construction of sanitary sewer lines greater than 10 inches in diameter shall be on the basis of an equivalent 10 inch diameter sanitary sewer. The additional cost for installing sanitary sewer lines greater than 10 inches in diameter shall be paid by the City. Assessments for the construction of watermains greater than 8 inches in diameter shall be on the basis of an equivalent 8 inch diameter watermain.The additional cost for installing watermains greater than 8 inches in diameter shall be paid by the City. The cost of replacing or repairing existing sanitary lines shall not be assessed against abutting property owners but shall be funded by the City's Waste Water Fund. The cost of replacing or repairing existing watermains shall not be assessed against abutting property owners but shall be funded by the City's Water Fund. A presumption will be made for new sanitary sewer,watermain and utility service it _,.::�.•• construction that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The project cost shall reflect the maximum equivalent costs of a 10 inch diameter sanitary sewer and 8 inch diameter watermain as listed above. The Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit,or if the property owner(s)to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. A per lot assessment basis shall be used for new sanitary sewer,watermain or utility service improvements, except where inconsistencies in lot size, frontage and/or development densities exist,in which case assessments based on abutting frontage may be used.In general, there should be no City participation for new sanitary sewer,watermain or utility service improvements except for large sanitary sewer or watermains, as listed above. Subd. 4.UTILITY SERVICE REPLACEMENTS. When replacing existing functional =t utility service lines within the street righi of way as part of an improvement project, a presumption will be made that the special benefit accrued by the serviced property will equal 50%of the service replacement project cost. The City shall pay the remaining fifty percent of the replacement cost of the utility service lines. Subd. 5.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions, the City reserves the right to levy an assessment or an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance 332, Second Series(Sec. 12.31) Effective bate: 3-18-93 This ordinance shall become effective upon passage and seven days after publication. ADOPTED BY THE CITY COUNCIL OF HASTINGS,MRMSOTA,THIS 4'h DAY OF SEPTEMBER,2001. Ayes: Nays: Michael D. Werner,Mayor ATTEST: Melanie Mesko, City Clerk (Seal) CITY OF HASTINGS Tuesday COUNCIL MEETING 7:00 P.M. DATE: September 04, 2001 I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes of the Regular Meeting of August 20, 2001 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay All Bills As Audited 2. Approve Application for One-Day Gambling Permit for Hastings Hockey Boosters—December 5, 2001 at the Hastings Civic Arena 3. First Reading & Schedule Public Hearing—Cable Television Franchise Ordinance 4. Mainstreet Festival Street Closing 5. 2001 Budget Adjustments 6. Industrial Park Land Sale—Forpack Final Approval 7. Industrial Park Land Sale—Hastings Gymnastics Academy Final Approval 8. Approving 2002 MnDOT Transit Funding VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award Contract—Ice ResurFacer for Civic Arena 2. Public Hearing—New Assessment Ordinance 3. Public Hearing—Zoning Code Amendment: Sign Ordinance Revisions VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Approve Second Reading of New Assessment Ordinance B. City Planner 1. Approve Second Reading—Zoning Code Amendment: Sign_ Ordinance Revisions 2. Table Item—Site Plan for Tom Thumb 3. First Reading & Schedule Public Hearing —Rezoning Featherstone Road (A:Agriculture to R-3:Medium High Density Residence) 4. Site Plan—Sunset Homes (Century South) 5. Site Plan—River Street 6. Variance (Non-Conforming Building)-2020 Forest Street 7. Variance (Accessory Structures)-115 17th Street West 8. Development Agreement—Riverdale 9. Preliminary Plat/Master Plan—Dakota Summit 10. Final Plat--Dakota Summit 11. Site Plan—Wal-Mart C. Administrator IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next Regular City Council Meeting on Monday, September 17, 2001 CITY OF HASTINGS Tuesday COUNCIL MEETING 7:00 P.M. DATE: September 04, 2001 I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes of the Regular Meeting of August 20, 2001 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay All Bills As Audited 2. Approve Application for One-Day Gambling Permit for Hastings Hockey Boosters—December 5, 2001 at the Hastings Civic Arena 3. First Reading & Schedule Public Hearing—Cable Television Franchise Ordinance 4. Mainstreet Festival Street Closing 5. 2001 Budget Adjustments 6. Industrial Park Land Sale—Forpack Final Approval 7. Industrial Park Land Sale—Hastings Gymnastics Academy Final Approval 8. Approving 2002 MnDOT Transit Funding VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award Contract—Ice Resurfacer for Civic Arena 2. Public Hearing—New Assessment Ordinance 3. Public Hearing—Zoning Code Amendment:Sign Ordinance Revisions VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Approve Second Reading of New Assessment Ordinance B. City Planner 1. Approve Second Reading—Zoning Code Amendment: Sign Ordinance Revisions 2. Table Item—Site Plan for Tom Thumb 3. First Reading & Schedule Public Hearing —Rezoning Featherstone Road (A:Agriculture to R-3:Medium High Density Residence) 4. Site Plan—Sunset Homes (Century South) 5. Site Plan—River Street 6. Variance (Non-Conforming Building)-2020 Forest Street 7. Variance (Accessory Structures)-115 17th Street West 8. Development Agreement—Riverdale 9. Preliminary Plat/Master Plan—Dakota Summit 10. Final Plat--Dakota Summit 11. Site Plan—Wal-Mart C. Administrator IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next Regular City Council Meeting on Monday, September 17, 2001 1 Hastings,Minnesota August 20,2001 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 20, 2001 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East,Hastings, Minnesota Members Present: Councilmembers Hazlet, Schultz, Moratzka, Riveness & Yandrasits Acting Mayor Hicks Members Absent: Mayor Werner Staff Members Present: David Osberg, City Administrator Shawn Moynihan, City Attorney; Matt Weiland,Planning Director; Tom Montgomery,Public Works Director; Mike McMenomy, Police Chief; Mark Holmes,Fire Chief; John Grossman,HRA Director; Stephanie Nornes,MIS Coordinator; and .Melanie Mesko,Administrative Assistant/City Clerk Approval of Minutes Acting Mayor Hicks asked if there were any corrections or additions to the minutes of the regular meeting of August 6, 2001. Hearing none, the minutes were approved as presented. Council Items to be Considered Moved by Councilmember Riveness, seconded by Councilmember Hazlet to add Item 1 under Public Works: 4th Street&General Sieben Drive. 6 Ayes;Nays,None. High School Alcohol Awareness Program Recognition Acting Mayor Hicks thanked the participants for coordinating this event. On behalf of the Council,he presented certificates of recognition to the participants. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Schultz, to approve the Consent Agenda as presented. 6 Ayes;Nays,None. Copy of resolutions on file. 1. Pay All Bills As Audited f Minutes of the Regular Meeting of August 20,2001 Page 2 of 5 _ 2. Approve Renewal of the Knights of Columbus 2001-2003 Gambling Premise Permit, located at the Columbian Hall, 3075 Vermillion Street 3. Approval of 2001/2002 Amusement Device Licenses 4. Approve Capital Outlay Reallocation from Elevator Repairs: City Hall to Office Chairs: Police Department 5. Joint Maintenance Facility—Change Order#1: SAC/WAC Fees 6. Dakota County Letter of Support for County Road#42 Trail 7. T-21 Grant Application for Pedestrian/Bike Bridge across Vermillion River from C.P.Adams Park to Progress Drive 8. Pay Estimate#1,2001 Improvement Program,Richard Knutson, Inc., $405,175.16 9. Pay Estimate#3, Lock and Dam#2 Access and Riverfront Trail Improvements, Holst Construction, $304,440.63 10. First Reading/Order Public Hearing for New Assessment Ordinance 11. Agreement for Acquisition of Utility Easements—Project 2001-9: Century South Utility Extensions - 12. Mississippi Mayors Flood Summit 13. Resolution—Livable Communities Program 14. Approve HEO Position Description 15. Request for Waiver of a Penalty Award Contract—Project 2001-9: Century South Utility Extensions Moved by Councilmember Moratzka, seconded by Councilmember Riveness to award the contract for Project 2001-9, Century South Utility Extensions to S.J. Lewis Construction in the amount of$259,711. 6 Ayes;Nays,none. Preliminary Plat/Master Plan: Dakota Summit& Site Plan—Wal-Mart Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to table these items until the September 4, 2001 Council meeting. 6 Ayes;Nays,none. Public Hearing—Road Easement Vacation (Conzemius Dairy Farm/Dakota Summit Plat) Acting Mayor opened the public hearing at 7:12 p.m. Hearing no comments, the public hearing was closed at 7:13 p.m. Road Easement Vacation (Conzemius Dairy Farm/Dakota Summit Plat) Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to approve the road easement vacation as presented. 6 Ayes;Nays, none. Public Hearing—Conzemius Farm Rezoning Minutes of the Regular Meeting of August 20,2001 Page 3 of 5 Planning Director Weiland stated that the Planning Commission recommended approval of the rezoning of this property from A:Agriculture to C-4:Regional Shopping Center at their July 23, 2001 Planning Commission meeting. Acting Mayor opened the public hearing at 7:16 p.m. Harold Featherstone expressed concern about a proposal to relocate a Wal-Mart store on this site. Mary Featherstone expressed concern about the size of any building on this site. Hearing no further comments, the public hearing was closed at 7:23 p.m. Final Reading—Conzemius Farm Rezoning Councilmember Yandrasits stated that this action is consistent with the City's Comprehensive Plan and this property has been guided as commercial development. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to approve the final reading for the rezoning. 6 Ayes;Nays,none. 4th Street& General Sieben Drive Moved by Councilmember Riveness, seconded by Councilmember Hazlet to order a traffic study of this area as recommended by the Public Safety Committee. 6 Ayes;Nays,none. First Reading & Order Public Hearing—Zoning Ordinance Amendment: Sign Ordinance Revisions Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the first reading and order a public hearing for September 4, 2001, with staff directed to meet with the Planning Committee and representatives from the business community to discuss the proposed changes. 6 Ayes;Nays,none. Special Use Permit—Hastings Gymnastics Center Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to approve the special use permit as presented. 6 Ayes;Nays,none. Variance-200-202 Seventh Street East Planning Director Weiland stated that the applicant is requesting a setback variance and for approval to continue to use the property as a duplex. Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to approve the setback variance with the conditions listed in the August 16, 2001 Planner's report. 6 Ayes;Nays, none. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the lot size interpretation to allow a duplex on the site. 6 Ayes;Nays, none. Shoreland Variance-623-629East 2nd Street Minutes of the Regular Meeting of August 20,2001 Page 4 of 5 _ Planning Director Weiland stated that the Planning Commission recommended denial of the shoreland variance because the applicant-has not demonstrated a hardship unique to the property. Moved by Councilmember Moratzka, seconded by Councilmember Schultz to deny the variance request. 6 Ayes;Nays,none. Final Plat—Century South Planning Director Weiland stated that the Planning Commission recommended approval of the final plat at their August 13, 2001 meeting with the conditions outlined in the Planner's August 15, 2001 report. Weiland stated that staff is also recommending an . additional condition to add a 5 foot trail easement on the south side of 36th Street as part of the approval. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the final plat with the conditions in the Planners report and the additional condition recommended by staff. 6 Ayes;Nays,none. Preliminary Pat—South Pines IV Planning Director Weiland stated that traffic concerns had been addressed and that the Planning Commission recommended approval of the preliminary plat at their August 13, 2001 meeting with the 25 considerations listed in the Planner's August 15, 2001 report. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to amend the motion to clarify that the City is not making any commitments regarding annexation of the 40 acres currently outside the City,but owned by the developer. 5 Ayes;Nays,none. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the preliminary plat with the conditions listed in the Planner's report and as amended. 6 Ayes;Nays,none. Final Plat—Pleasant Valley 11th Addition Moved by Councilmember Riveness, seconded by Councilmember Moratzka to approve the final plat as presented. 6 Ayes;Nays,none. Appeal of Historic Preservation Commission Decision-402 West 2nd Street HRA Director Grossman stated that the HPC recommended denial to a request for a permit for vinyl siding at this address, as that is not an approved material for a contributing building in the National Register Historic District. The HPC has recommended maintenance and repair of existing cedar shake siding or the clapboard. David Storholm stated that the house is being damaged by the gaps in the current siding. Vinyl siding would only be used if the existing shakes or clapboard could not be repaired at a reasonable cost. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to deny the issuance of a building permit for vinyl siding for 402 West 2nd Street. 6 Ayes;Nays,none. - Minutes of the Regular Meeting of August 20,2001 Page 5 of 5 Cable TV Franchise Renewal Ordinance Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to table this item. 6 Ayes;Nays,none. Wide Area Network Underground Fiber Installation Moved by Councilmember Moratzka, seconded by Councilmember Riveness to approve the installation of the fiber from City Hall to the Fire Department and the Police Department. 6 Ayes;Nays,none. Comments from Audience Herman Gast, Jr. questioned a letter he received regarding a proposed auction at his property. Staff was directed to work with Mr. Gast regarding this issue. Reports from Councilmembers Councilmember Moratzka thanked the Hastings Garden Club for all the work they do around the community. Adjournment Moved by Councilmember Hazlet, seconded by Councilmember Yandrasits to adjourn the meeting at 9:14 p.m. 6 Ayes;Nays,None. ATTEST Acting Mayor City Clerk i Date: 08/29/2001 Time: 15:07:30 Operator: LYNNE BENSON Page: 1 CITY OF HASTINGS ♦ 1-1 FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 819.65 OTTO EXCAVATING, INC UNUSED STREET OPENING PE 50.00 Total for Department 869.65* M.I.S. COMP USA INC. TRAINING CD'S 2.48 Total for Department 160 2.48* COUNCIL MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 52.50 Total for Department 6011 52.50* ADMINISTRATION IST CLASS PRINT SUPP REPLACMT LASERJET PRINTE 44.99 ADMINISTRATION CORPORATE EXPRESS FOLDERS/ENVELOPES/PRINT 348.33 ADMINISTRATION CORPORATE EXPRESS PENS/POST IT FLAGS 15.19 ADMINISTRATION CORPORATE EXPRESS PRINTER RIBBONS/BINDERS/ 56.03 ADMINISTRATION CORPORATE EXPRESS RACKS 63.79 T^MINISTRATION CORPORATE EXPRESS RETURN RACKS -31.90 iNISTRATION CORPORATE EXPRESS RIBBON/RCPT PRINTER 40.83 ADMINISTRATION CORPORATE EXPRESS SHARPENER/MARKERS 48:64 ADMINISTRATION CORPORATE EXPRESS TAPE/BINDERS/RACKS 183.94 ADMINISTRATION FARMER BROS CO. COFFEE 23.92 ADMINISTRATION FORTIS BENEFITS INS SEPT LTD 69.65 ADMINISTRATION GOVT TRAINING SERVIC MACA/MCMA CONF OSBERG. 207.00 ADMINISTRATION IOS CAPITAL COPY MACHINE 368.25 ADMINISTRATION IKON OFFICE SOLUTION FAX MACHINE 378.00 ADMINISTRATION MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 26.25 Total for Department 6020 1,842.91* CITY CLERK FORTIS BENEFITS INS SEPT LTD 19.25 CITY CLERK HASTINGS STAR GAZETT CHAPTER 10 ZONING ORD 21.75 CITY CLERK HASTINGS STAR GAZETT CHAPTER 6 & 12TH ST UTIL 21.75 CITY CLERIC HASTINGS STAR GAZETT LEGAL ADS 172.00 CITY CLERK HASTINGS STAR GAZETT ORDINANCE 457 29.00 CITY CLERK LATHAM, CAROL MILEAGE TO SEMINAR 24.15 CI'T'Y CLERK LATHAM, CAROL REIMBURSE BOOK 13.79 C CLERK MESKO, MELANIE LUNCH-MAUMA 15.00 CITY CLERK MESKO, MELANIE MILEAGE 81.42 CITY CLERK MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 4.95 CITY CLERK SKILLPATH SEMINARS SEMINAR-LATHAM 149.00 Total for Department 6040 552.06* ELECTIONS MESKO, MELANIE MILEAGE 13.11 Total for Department 6041 13.11* FINANCE AMERICAN PAYROLL ASS MEMBERSHIP 10/31/01-10/3 155.00 FINANCE FORTIS BENEFITS INS SEPT LTD 91.42 FINANCE MN TREASURY MANAGEME MEMBERSHIP CHAR STARK 75.00 FINANCE MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 37.50 FINANCE STARK, CHARLENE GFOA LUNCHEON 38.46 Total for Department 6050 397.38* M.I.S. Department COMP USA INC. TRAINING CD'S 47.27 } Date: 08/29/2001 Time: 15:07:31 Operator: LYNNE BENSON Page: 2 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ N.I.S. Department MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 7.50 N.I.S. Department SOLUTIONS 4SURE INC. CD REWRITER BACKPACK 260.24 Total for Department 6070 315.01* CITY FACILITIES CRAWFORD DOOR CO. 24 VOLT RELAY 15.98 CITY FACILITIES CRAWFORD DOOR CO. WATERPROOF MICRO SWITCH 36.45 CITY FACILITIES FORTIS BENEFITS INS SEPT LTD 13.46 CITY FACILITIES GORDY'S GLASS GLASS 30.42 CITY FACILITIES GRAINGER, W.W. INC. BALLAST 133.80 CITY FACILITIES GRAINGER, W.W. INC. EXIT SIGN 48.61 CITY FACILITIES GRAINGER, W.W. INC. SAFETY SWITCH 63.12 CITY FACILITIES MAINTENANCE ENGINEER 150T4Q 740.91 CITY FACILITIES MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 101.05 CITY FACILITIES MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 7.50 CITY FACILITIES ORKIN PEST CONTROL AUGUST SERVICE - 82.05 CITY FACILITIES R & 0 ELEVATOR CO. I SEPT SERVICE 147.00 CITY FACILITIES SCHILLING PAPER CO. PAPER SUPPLIES 113.34 CITY FACILITIES SUPERIOR LAMP & SUPP BULBS 702.58 CITY FACILITIES T.D.'S CLEANING AUGUST CLEANING POLICE D 1,150.80 CITY FACILITIES TERRY'S ACE HARDWARE FUSES 11.69 CITY FACILITIES TERRY'S ACE HARDWARE VACUUM PARTS 4.14 CITY FACILITIES TOWER CLEANING SYSTE CITY HALL CLEANING AUGUS 1,196.21 CITY FACILITIES XCEL ENERGY MONTHLY ELECTRICITY 1,259.06 Total for Department 6080 5,858.17* CITY FACILITIES LIGH MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 46.43 Total for Department 6081 46.43* PLANNING FORTIS BENEFITS INS SEPT LTD 36.54 PLANNING MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 13.88 Total for Department 6090 50.42* POLICE AMOCO OIL CO FUEL 39.38 POLICE ANDERSON, MARY JO UNIFORM PURCHASE ALLOWAN 300.00 POLICE BOISE CASCADE OFFICE CLOCKS 52.19 POLICE BOISE CASCADE OFFICE TONER 56.45 POLICE BOUND TREE/NORTH AME FIRST AID ITEMS 81.20 POLICE BUREAU OF CRIMINAL A CONFERENCE - RGNONTI 175.00 POLICE BUREAU OF CRIMINAL A TRAINING-RGNONTI/TOLLEFS 120.00 POLICE CITY OF ST. PAUL BIKE SCHOOL; CONNELL & J 450.00 POLICE COMP USA INC. COMPUTER SWITCH 138.88 POLICE EMERGENCY VEHICLE SU INSTALL MDT 158.08 POLICE EMERGENCY VEHICLE SU INSTALL MDT/LIGHT BAR 310.39 POLICE FORTIS BENEFITS INS SEPT LTD 454.18 POLICE GREAT LAKES FIRE & S RECOGNITION ITEMS 512.14 POLICE MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 2.85 POLICE NEXTEL COMMUNICATION CELL PHONE - POLICE 784.34 POLICE ON TRACK BIKE & SKI BIKE REPAIR 440.11 POLICE PITNEY BOWES DICTATION SYSTEM 742.00 POLICE TERRY'S ACE HARDWARE KEYS-BIKES 16.58 Date: 08/29/2001 Time: 15:07:32 Operator: LYNNE BENSON Page: 3 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ POLICE TRAFFIC CONTROL CORP OPTICOM FOR SQUAD 319.50 POLICE U.S. INTERNET MONTHLY FEE 44.95 POLICE WALMART COMMUNITY BR TAPES / BATTERIES 89.82 Total for Department 6210 5,288.04* CRIME WATCH/PREVENTI NAT'L ASSN OF TOWN W NAT'L NIGHT OUT ITEMS 894.29 Total for Department 6215 894.29* BUILDING BAKKEN, THOMAS REIMBURSE ICBO MTG 15.00 BUILDING FORTIS BENEFITS INS SEPT LTD 63.20 BUILDING LAKE COUNTRY CHAPTER ICBO SEMINAR BLDG INSP 700.00 BUILDING LAKE COUNTRY CHAPTER ICBO SEMINAR CODE ENFORC 175.00 BUILDING MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM -9.90 BUILDING NEXTEL COMMUNICATION CELL PHONE - ICE 112.67 Total for Department 6240 - 1,055.97* ANIMAL CONTROL SHAMROCK ANIMAL CLIN ANIMAL POUND 7/15-8/15 453.00 Total for Department 6270 453.00* ENGINEERING FORTIS BENEFITS INS SEPT LTD 72.40 ENGINEERING GURNEY, DAVID HANDHELD GPS 127.24 ENGINEERING GURNEY, DAVID PARKING 6.00 ENGINEERING GUSTAFSON, ANDREA MILEAGE 20.70 ENGINEERING MN DEPT OF TRANSPORT ENGINEERING SPEC MANUALS 85.00 ENGINEERING MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 35.00 ENGINEERING NORTHSTAR REPRO PROD COLOR BOND 99.86 ENGINEERING SEH ENGINEERS GIS TRAINING GUSTAFSON 222.00 ENGINEERING WALMART COMMUNITY BR FLASHLIGHT 3.73 Total for Department 6311 671.93* STREETS ANDERSEN, E.F. & ASS SIGNS 428.56 STREETS COMMERCIAL ASPHALT C 2 PAILS TACK 51.12 S- -'ETS COMMERCIAL ASPHALT C 7.03 TON ASPHALT 200.65 S ETS COOK, JORDAN SAFETY BOOTS 50.00 STREETS DIAMOND VOGEL PAINT YELLOW PAINT 291.70 STREETS DRESSER TRAP ROCK IN 3/8" CHIPS 1,994.74 STREETS FORTIS BENEFITS INS SEPT LTD 124.71 STREETS G & K SERVICES MATS & TOWELS 95.13 STREETS GRAYBAR ELECTRIC GE LAMP LEVITON 8.82 STREETS MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 35.83 STREETS MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 67.50 STREETS NINE EAGLES PROMOTIO SHIRTS - TERRY M 240.00 STREETS NINE EAGLES PROMOTIO SHIRTS-PAUL M 240.00 STREETS SOLBERG AGGREGATE CO RIP RAP 90.68 STREETS SPECIALIZED TURF SOD SOD 46.59 STREETS TERRY'S ACE HARDWARE DIE 1-7/16" 9.36 STREETS TERRY'S ACE HARDWARE FASTENERS/NUTSETTER 22.62 STREETS TERRY'S ACE HARDWARE NO TRESPASSING SIGN 5.50 STREETS TERRY'S ACE HARDWARE RSTP SPRY '12.43 STREETS TERRY'S ACE HARDWARE RULE TAPE/CHALK POWDER 17.97 Date: 08/29/2001 Time: 15:07:32 Operator: LYNNE BENSON Page: 4 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ STREETS TERRY'S ACE HARDWARE SAW HOLE/DRILL HIT/CHAIN 26.11 STREETS UNITED BUILDING CENT PAINTED LATHE 25.54 STREETS UNITED BUILDING CENT POINTED LATHE 63.85 STREETS WAHLSTROM, LAVERNE C STEPS 1017 PINE ST 975.00 STREETS WALMART COMMUNITY BR CARE CLELANER, FLAGS, SU 33.04 STREETS WASH.CNTY TREASURER RETURN PMT RC'D IN ERROR 738.16 STREETS XCEL ENERGY MONTHLY ELECTRICITY 381.41 Total for Department 6312 6,277.02* STREET LIGHTING GRAYBAR ELECTRIC GE LAMP LEVITON 126.06 STREET LIGHTING RADKE ELECTRIC REPAIR LIGHT 61/15TH STR 125.00 STREET LIGHTING XCEL ENERGY MONTHLY ELECTRICITY 1,703.07 Total for Department 6313 1,954.13* Senior Center FIRST NAT'L BANK SENIOR CENTER 1,527.35 Senior Center RAYCO CONSTRUCTION, SR CENTER ROOFING PROJEC 8,784.00 Total for Department 6521 10,311.35* Reforestation MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 3.75 Total for Department 6612 3.75* RETIREE'S HEALTH INS MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 79.08 Total for Department 6922 79.08* Total for Fund 101 36,988.68* PARKS AND RECREATION GRAPHIC DESIGN PUNCH CARDS 19.17 Total for Department 401 19.17* PARKS/RECREATION FORTIS BENEFITS INS SEPT LTD 124.31 PARKS/RECREATION IOS CAPITAL COPY MACHINE 172.53 PARKS/RECREATION LEEF BROTHERS, INC. TOWELS 66.99 PARKS/RECREATION MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 43.59 PARKS/RECREATION MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 58.73 PARKS/RECREATION NEXTEL COMMUNICATION'CELL PHONE - PARKS 225.68 PARKS/RECREATION RADKE ELECTRIC TEMP TRAILER FOR PARKS D 738.95 PARKS/RECREATION RENT 'N' SAVE PORTAB PORTABLE REST ROOMS 318.00 PARKS/RECREATION RENT 'N' SAVE PORTAB SALES TAX 8.27 PARKS/RECREATION SIMPLOT PARTNERS FERTILIZER 2,060.19 PARKS/RECREATION SPECIALIZED TURF SOD SOD 159.75 PARKS/RECREATION TERRY'S ACE HARDWARE CONN WIRE/NIPPLES 5.72 PARKS/RECREATION TERRY'S ACE HARDWARE COUPLING 3.17 PARKS/RECREATION TERRY'S ACE HARDWARE TEFLON PASTE/COUPLE/NIPP 13.36 PARKS/RECREATION TESSMAN SEED INC GRASS SEED 115.13 PARKS/RECREATION THERMOGAS CO OF HAST 20# CYLINDER FILL 13.85 PARKS/RECREATION UNITED BUILDING CENT CONCRETE MIX 5.30 PARKS/RECREATION UNITED BUILDING CENT TREATED PINE 28.97 PARKS/RECREATION UNITED RENTALS RENT CANOPE/TABLE/CHAIRS 370.83 PARKS/RECREATION XCEL ENERGY MONTHLY ELECTRICITY 1,533.27 Total for Department 6520 6,066.59* Date: 08/29/2001 Time: 15:07:33 Operator: LYNNE BENSON Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Fund 200 6,085.76* AQUATIC CENTER AMERICAN RED CROSS LIFEGUARD TRAINING FEE 145.00 AQUATIC CENTER MILLER ELECTRICAL I POWER OUTAGE-POLE RECEPT 174.46 AQUATIC CENTER MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 1,177.74 AQUATIC CENTER O'CONNOR PLBG & HEAT PLUMBING SERVICE 1,543.00 AQUATIC CENTER TERRY'S ACE HARDWARE BOLT CUTTER/MORTAR THINS 25.54 AQUATIC CENTER TERRY'S ACE HARDWARE FASTENERS/NUTS 2.72 AQUATIC CENTER TERRY'S ACE HARDWARE NUT LOCK/BOLT 1.30 AQUATIC CENTER WALMART COMMUNITY BR POOL SUPPLIES 106.18 AQUATIC CENTER WALMART COMMUNITY BR POOL; SUPPLIES 41.98 Total for Department 6511 3,217.92* Total for Fund 201 3,217.92* ,. ,ZARCH GRANT MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 1.13 Total for Department 6637 1.13* HISTORIC PRESERVATIO MN HISTORICAL SOCIET REG HPC CONF BOLER/LANGE 130.00 Total for Department 6638 130.00* HP HASTINGS AREA CHAMBE HISTORIC WALKING TOUR MA 1,000.00 Total for Department 6639 1,000.00* PIONEER ROOM IOS CAPITAL COPY MACHINE 174.22 Total for Department 6641 174.22* Total for Fund 210 1,305.35* FIRE AMOCO OIL CO GASOLINE 16.95 FIRE BIRCHEN ENTERPRISES FUEL 33.80 FIRE DANKO EMERGENCY EQUI SUSPENDERS 134.07 F- FAIR OFFICE WORLD OFFICE SUPPLIES 160.94 F. FORTIS BENEFITS INS SEPT LTD 133.29 FIRE IOS CAPITAL COPY MACHINE 180.50 FIRE JEFFERSON FIRE & SAF EMS MANUALS 152.06 FIRE MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 69.92 FIRE MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 90.00 FIRE MOTOR PARTS SERVICE BULBS 9.23 FIRE MOTOROLA PAGER BATTERIES 93.19 FIRE WALMART COMMUNITY BR CARTS 136.19 FIRE WALMART COMMUNITY BR SUPPLIES 264.40 FIRE XCEL ENERGY MONTHLY ELECTRICITY 1,137.82 Total for Department 6220 2,612.36* AMBULANCE BAKER TERRANCE OVERPAYMENT CALL 2001058 292.99 AMBULANCE EMERGENCY APPARATUS REPAIRS AMBULANCE 1463 3,984.67 AMBULANCE HAHN LUANN OVERPAYMENT CALL 2001021 754.80 AMBULANCE PARR EMERGENCY,INC AMBULANCE SUPPLIES 55.80 AMBULANCE TERRY'S ACE HARDWARE HEARING PROTECTION 13.30 Date: 08/29/2001 Time: 15:07:34 Operator: LYNNE BENSON Page: 6 CITY OF HASTINGS FM Entry -Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ AMBULANCE TERRY'S ACE HARDWARE NOZZLE/FASTENERS 15.33 AMBULANCE TERRY'S ACE HARDWARE SHIPPING 10.75 AMBULANCE USSATIS, BRIAN OVERPMT CALL 20010817 589.12 Total for Department 6230 5,716.76* Total for Fund 213 8,329.12* OTHER SERVICES/CHARG OTTO EXCAVATING, INC FLOOD CLEANUP E 4TH ST B 34,310.00 Total for Department 6700 34,310.00* Total for Fund 400 34,310.00* PARKS AND RECREATION U.S. BANK GO PUBLIC FACILITY BONDS 462.50 Total for Department 401 462.50* ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G GREENWAYS REPORT/PLAN PR 1,145.18 ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G IRRIGATION COORDINATION 416.56 ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G RIVERFRONT INTERPRETIVE 1,671.31 ADMINISTRATIVE/UNALL HOISINGTON KOEGLER G WALLIN PARK 617.50 Total for Department 6072 3,850.55* CP ADAMS PARK UNITED BUILDING CENT TIMBER/SPIKES 88.98 Total for Department 6720 88.98* ROADSIDE PARK HOISINGTON KOEGLER G ROADSIDE PARK 1,715.61 ROADSIDE PARK MIRACLE RECREATION E PLAYGROUND EQUIPMENT 5,496.70 Total for Department 6772 7,212.31* VETS BIKE TRAIL BARR ENGINEERING CO. BIKE TRAIL UNDERPASS 3,789.02 Total for Department 6788 3,789.02* WILSON PARK REUTER, MICHAEL C. REPAIR CEILING WILSON PA 1,950.00 Total for Department 6796 1,950.00* Total for Fund 401 17,353.36* ADMINISTRATION FORTIS BENEFITS INS SEPT LTD 11.03 ADMINISTRATION MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 6.38 Total for Department 6631 17.41* REHABILITATION BRADLEY & DEIKE PA PRESBYTERIAN HOUSE 12.50 REHABILITATION BRADLEY & DEIKE PA SHERMAN HOUSING 37.50 REHABILITATION PRESBYTERIAN PARISH REHAB LOAN 610 VERMILLIO 8,000.00 REHABILITATION YATES, PATRICK G. REIMB EXP HRA PROGRAM 500.00 Total for Department 6633 8,550.00* Total for Fund 404 8,567.41* OTHER SERVICES/CHARG FORTIS BENEFITS INS SEPT LTD 9.93 OTHER SERVICES/CHARG MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 1.13 Date: 08/29/2001 Time: 15:07:34 Operator: LYNNE BENSON Page: 7 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Department 6700 11.06* Total for Fund 407 11.06* OTHER SERVICES/CHARG BRAUN INTERTEC LOCK DAM ROAD IMPROVEMEN 1,466.50 OTHER SERVICES/CHARG ASSOC CONSTRUCTION P LEGAL AD 140.18 OTHER SERVICES/CHARG ASSOC CONSTRUCTION P LEGAL ADS 140.18 OTHER SERVICES/CHARG CONZEMIUS, NICHOLAS STORM SEWER UTILITY EASE 15,056.91 OTHER SERVICES/CHARG U.S. BANK GO IMPROVEMENT BONDS 200 462.50 Total for Department 6700 17,266.27* Total for Fund 491 17,266.27* WATER BARR ENGINEERING CO. WELLHEAD PROTECTION DELI 1_,408.00 v,R CONNELLY INDUSTRIAL REPROGRAM TELEPHONE DIAL 215.65 ....iER FORTIS BENEFITS INS SEPT LTD 97.54 WATER GRAYBAR ELECTRIC BUTT SPLICE CONN 99.07 WATER IOS CAPITAL COPY MACHINE 197.98 WATER MACQUEEN EQUIPMENT, GASKET 13.44 WATER MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 418.06 WATER MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 46.25 WATER MN PIPE & EQUIPMENT VALVE BOX VISER 99.26 WATER NEXTEL COMMUNICATION CELL PHONE - UTILITIES 440.65 WATER NEXTEL COMMUNICATION CELL PHONE UTILITIES 101.78 WATER SPECIALIZED TURF SOD SOD 14.64 WATER T.D.'S CLEANING AUG CLEANING PUBLIC WORK 319.50 WATER TERRY'S ACE HARDWARE ADAPTR HOSE HOOSNECK HBS 5.31 WATER TERRY'S ACE HARDWARE CABLE TIES/BATTERIES 43.64 WATER TERRY'S ACE HARDWARE HANDLE PRIER FROSTPROOF 4.25 WATER TERRY'S ACE HARDWARE SHIPPING SERVICE 20.97 WATER TERRY'S ACE HARDWARE TIEDOWN RATCHET 23.95 WATER TERRY'S ACE HARDWARE TISSUE/ADAPTORS 9.45 V R TERRY'S ACE HARDWARE VALVE REPAIR/FLAPPER 27.46 N._ ..R TERRY'S ACE HARDWARE VINYL TUBE/PIN TRAILR CO 15.42 WATER UNITED BUILDING CENT HARDBOARD 20.13 WATER WALMART COMMUNITY BR POLY WRAP, SUPPLIES 20.03 WATER XCEL ENERGY MONTHLY ELECTRICITY 405.02 Total for Department 7100 4,067.45* Total for Fund 600 4,067.45* WASTEWATER FORTIS BENEFITS INS SEPT LTD 35.95 WASTEWATER MACQUEEN EQUIPMENT, SCREENS, GASKETS 128.14 WASTEWATER MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 16.25 WASTEWATER MN PIPE & EQUIPMENT RINGS/SEALANT 64.97 WASTEWATER XCEL ENERGY MONTHLY ELECTRICITY 94:42 Total for Department 7300 339.73* Total for Fund 601 339.73* Date: 08/29/2001 Time: 15:07:35 Operator: LYNNE BENSON Page: B CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ TRANSIT DEALER AUTOMOTIVE SE RESISTOR 2.44 TRANSIT FORTIS BENEFITS INS SEPT LTD 13.32 TRANSIT MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 6.30 TRANSIT NEXTEL COMMUNICATION CELL PHONE - TRAC 153.38 TRANSIT WALMART COMMUNITY BR PAPER TOWLS 3.60 Total for Department 7500 179.04* TRANSIT-OPERATIONS FORTIS BENEFITS INS SEPT LTD 22.46 TRANSIT-OPERATIONS HASTINGS BUS CO TRAC ROUTE 700.00 TRANSIT-OPERATIONS MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 15.00 TRANSIT-OPERATIONS WALMART COMMUNITY BR PAPER TOWLS 55.36 Total for Department 7501 792.82* TRANSIT-MAINTENANCE DEALER AUTOMOTIVE BE RESISTOR 42.11 Total for Department 7502 42.11* Total for Fund 610 1,013.97* CIVIC ARENA FORTIS BENEFITS INS SEPT LTD 50.45 CIVIC ARENA MINNEGASCO,ACCT'S PA 7/15 - 8/15 GAS 203.50 CIVIC ARENA MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 20.03 CIVIC ARENA SHERWIN-WILLIAMS PAINT SUPPLIES 62.32 CIVIC ARENA TERRY'S ACE HARDWARE BLADE/DIAZINON PLUS 21.57 CIVIC ARENA TERRY'S ACE HARDWARE HOSE CLAMP/CONNECTORS/PR 17.84 CIVIC ARENA TERRY'S ACE HARDWARE PUTTY KNIFE 7.44 CIVIC ARENA TERRY'S ACE HARDWARE SANDPAPER/STEELWOOL/CLOT 10.25 Total for Department 7700 393.40* Total for Fund 615 393.40* HYDROELECTRIC ALLIANCE ENERGY SYST GENERATOR 18,531.00 HYDROELECTRIC COLT ELECTRIC INC. BALANCE - TRANSFORMER 10,117.00 HYDROELECTRIC COLT ELECTRIC INC. REPLACE PHASE PROTECTOR 420.00 HYDROELECTRIC FORTIS BENEFITS INS SEPT LTD 13.79 HYDROELECTRIC MINNESOTA MUTUAL SEPT LIFE INSURANCE PREM 7.47 HYDROELECTRIC NORTH AMERICAN HYDRO HYDRO SERVICES 6/23-7/31 68,528.91 HYDROELECTRIC TERRY'S ACE HARDWARE COPPER REFRIG TUBE 10.33 Total for Department 7900 97,628.50* Total for Fund 620 97,628.50* Grand Total 236,877.98* September 4,2001 APPROVED: City Administrator Finance Director Councilmember Hazlet Councilmember Riveness Councilmember Schultz Councilmember Moratzka Councilmember Hicks Councilmember Yandrasits Mayor Werner VI-2 MEMQRAN'DUM�{ To: Mayor Werner and City Councilmembers From: Melanie Mesko, Administrative Assistant/City Clerk Date: August 29, 2001 Re: Application for Gambling Premises Permit-Hastings Hockey Boosters-at Hastings Civic Arena Recommended City Council Action: Approve the attached Resolution, waiving the 30-day waiting period for the Hastings Hockey Boosters and authorizing the Hastings Hockey Boosters to conduct a raffle on December 5, 2001 at the Hastings Civic Arena. B�round: Application has been received from the Hastings Hockey Boosters to conduct a raffle for their organization on December 5, 2001 at the Hastings Civic Arena. If Council should approve thio application, the attached resolution will be sent to the Minnesota Lawful Gambling Board Showing the City's approval to allow the raffle and also to waive the 30-day waiting period. The Gambling Control Board allows up to 5 licenses of this type to be issued to a nonprofit organization per year. The HaStingS Hockey Boosters applied for,and was granted,a license in 2000. Should you have any concerns or questions, please do not hesitate to contact me. Attachment.• 1. Resolution- Waiving the 30 day waiting period for the Hastings Hockey Boosters to conduct a raffle at the Hastings Civic Arena. CITY OF HASTINGS DAKOTA COUNTY,MINNESOTA RESOLUTION NO. 09- -01 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS,MINNESOTA HELD: SEPTEMBER 4,2001 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings,Dakota and Washington Counties,Minnesota,was duly held at the City Hall in said City on the 0'of September 2001 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 09- -01,waiving the 30-day waiting period for the Hastings Hockey Boosters and authorizing the Hastings Hockey Boosters to conduct a raffle on December 5,2001 at the Hastings Civic Arena. The following Councilmembers were present: And the following Councilmembers were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 09- -01 RESOLUTION WAIVING THE 30-DAY WAITING PERIOD FOR THE HASTINGS HOCKEY BOOSTERS TO CONDUCT A RAFFLE WHEREAS, the Hastings Hockey Boosters has presented an application to the City of Hastings to conduct a raffle on June 18,2001, at the Hastings Civic Arena; and WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed to waive the 30-day waiting period; and WHEREAS, the application for Exemption from lawful Gambling license has been presented; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Gaming, Gambling Control Division,showing the 30-day waiver and the approval of this application for an Exemption from Lawful Gambling License. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon vote being taken thereon,the following voted in favor thereof: the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Michael D. Werner,Mayor ATTEST: Melanie Mesko, Administrative Assistant/City Clerk (SEAL) P.O.Box 541 • Hastings,Minnesota 55033-0541 VI-4 Dave Osberg August 17,2001 City Administrator Request for street closing The Hastings Downtown Business Association is holding Mainstreet Festival on September 15th. As part of the festival,we would like to hold an antique sale and auction downtown. We would like to use the north side of Ramsey street between the Gardner and the Second Street Antique Mall. We would fill the space with a hay wagon and tables that would display auction items until the end of the day at which time the items would be sold. The street that we are requesting be closed would be the north side of Ramsey street between Second street and the alley. The alley would remain open and the parking lots would be accessible. The street would be closed from 9:00 A.M. to 5:00 P.M. September 15th. We feel that the impact of having the street closed would be minimal. At best a couple of parking spaces would be lost and there would be no adverse affect on traffic. The property owners of the Gardner have been contacted; they have no objections to the street closing. We request to be scheduled on the September 4th City Council Agenda. We need the City Council to take action on our request so we can plan accordingly. If you need additional information,please call Barb Hollenbeck at 438-7949 or Judee Anderson at 480-0513. Sincerely, Barbara J. Hollenbeck President Hastings Downtown Business Association VI-5 MEMO To: Honorable Mayor and City council members From: Lori A. Webster, Finance Director Subject. 2001 Budget Transfer requests Date: September 13, 2000 Request s are being made for adjustments to the 2001 City budget for items budgeted but not spent in the following areas: *A transfer of $1,295.00 from equip lease to furniture and fixtures line item in the building inspections department. * A transfer of$ 750.00 from office equip(code enforcement)again to the furniture and fixtures line item. Bill Mesaro's request is to transfer these dollars to the furniture and fixture line item to purchase office furniture for the part time/seasonal position at a cost of$2,379.95 plus tax of $ 154.70 and shipping. These transfers plus funds already in the inspections budget will accommodate the full amount. Additional revenues for contracted security were received but had not been part of the 2001 budget. A budget adjustment is requested as follows to account for the additional revevnues and expenditures related to the contracted security. • Add$210.00 to general fund police revenue • Add $210.00 to general fund police contracted security salaries Increase to Fire budget for purchase of snowmobile - using proceeds from auction and donation. (Note these revenues were received in 2000 however the expenditure was made in the 2001 budget year. *Add $2,334.59 to Fire and Ambulance equipment line item If you should have any questions, please feel free to contact me. Memorandum To: Lori Webster Finance Director From William R. Mesaros Supervisor of Inspections and Code Enforcement C Date: August 13,2001 Subject: Budget funds transfer Dear Lori, With the growth of the Inspections and Code Enforcement department we need some additional office equipment. I am requesting approval to transfer some funds for the purchase of these office items. See the attached Budget/Account adjustment form for your review. Please contact me if you have any questions. CITY OF HASTINGS FINANCE DEPARTMENT BUDGET/ACCOUNT ADJUSTMENT Please Check one: Budget Adjustment r-- 1 �--� Account (Journal Entry) Adjustment Account Number(s) Affected: V 4 DEBT �a � G .. � CREDIT_ /621- P56"03 DEBT ./OZ ";230A CREDIT _/0 7e7-;P-3-0/ "-(l5 60 Explain: ZLLZ& G-rc� �� moi. r�i Requested By: Date Requested: OFFICE USE ONLY Finance Approval Date Requires Council Approval? If YES, Approved by council on JE Entered JE Number JE Date BUDGET.FRM/KLN OEM T Quotation GENERAL OFFICE PRODUCTS COMPANY 4521 HIGHWAY SEVEN MINNEAPOLIS,MN 55416-4098 PHONE(612)925-7500 FAX(612)925-7531 Page: 2 Quote QuoteCustomer Account Pro No. Number Date Customer Order Number Number' Representative 1 106515 08/08/01 206959 TIM GRAVES QUOTE TO: SHIP TO: TOM KUSSANT TOM. KUSSANT HASTINGS, CITY OF HASTINGS, CITY OF 101 4TH ST E 101 4TH ST E HASTINGS, MN 55033-1955 STINGS, MN 55033-1955 P: .4 0.&3'63 P: 651.480.2363 F: 5 .47.7082 F: 651.437.7082 Terme T 15 FROM INV DATE Line v Quantity Catalog Number De v Unit Price Extended Amount 6 1 9TT6560 TL 490.80 490.80 PANEL—ENHAN E , ACOUSTI 6 HINGE 1 WARM BROWN V2 SURF-1 VVV SURF-2 TRIM :4686 WARM BROWN V1 7 1 0 ST LC 420.00 420.00 BI - TORAGE,P SUPPORTED,2 D�,2 LOC , 4-7/ X16-5 8 BASIC 86 WARM W LOCK :9 01 POL E HROME KE 8 1 99B STLCSE 1,096.55 1,096.55 U T ASY-DESK,1 PED,FULL HGT FLUSH BP,LK,30X6OX30 BASIC :4686 WARM BROWN V1 LOCK :9201 POLISHED CHROME 7�r OUTER :4686 WARM BROWN V1 TOP—SURF: TRIM :4686 WARM BROWN V1 KEYS 9 1.00 LABOR GOP SER ACTUAL ACTUAL GOPC TO DELIVER AND INSTALL THE ABOVE SPECIFIED PRODUCTS PER THE CUSTOMERS REQUEST. ALL LABOR WILL BE BILLED AS ACTUAL LABOR COSTS OF $40.00 PER MAN HOUR PORT TO PORT. I HAVE READ AND AGREE WITH THE QUOTATION AND THE SALES TERMS AND CONDITIONS OF THE TERMS AND CONDITIONS PAGE MADE PART OF THIS QUOTATION ACCEPTED BY TITLE DATE ADDRESS sa g l Quotation GENERAL OFFICE PRODUCTS COMPANY 4521 HIGHWAY SEVEN MINNEAPOLIS,MN 55416-4098 PHONE(612)925-7500 FAX(612)925-7531 Page: 1 Quote Quote Customer, Account pro No. Number Date Customer Order Number Number Representative I 106515 08/08/01 206959 TIM GRAVES QUOTE TO: SHIP TO: TOM KUSSANT TOM KUSSANT HASTINGS, CITY OF HASTINGS, CITY OF 101 4TH ST E 101 4TH ST E HASTINGS, MN 55033-1955 HASTINGS, MN 55033-1955 P: 651.480.2363 P: 651.480.2363 F: 651.437.7082 F: 651.437.7082 Terms: NET 15 FROM INV DATE Line Quantity Catalog Number/Description Unit Price Extended Amount 1 2 9TT6542 STLCSE 425.40 850.80 PANEL-ENHANCED,TACKABLE ACOUSTICAL,42X65 HINGE :6617 WARM BROWN V2 SURF-1 SURF-2 TRIM :4686 WARM BROWN V1 2 1 9AB65 STLCSE 41.40 41.40 -BRACKET-WALL ATTACHMENT, ENHANCED,65H TRIM :4686 WARM BROWN V1 3 1 9T65 STLCSE 72. 60 72. 60 FILLER PACKAGE-"T" CONFIG, ENHANCED,FABRIC,65H COVER TRIM :4686 WARM BROWN V1 4 1 9L65 STLCSE 72.60 72.60 FILLER PACKAGE-"L" CONFIG, ENHANCED,FABRIC, 65H COVER TRIM :4686 WARM BROWN V1 5 1.00 SHIM GOP SER 300.00 300.00 GOP TO MAKE A CUSTOM SERIES 9000 WALL "! SHIM PER THE CUSTOMERS REQUEST. IT SHOULD BE 10" AND PAINTED 4686. I HAVE READ AND AGREE WITH THE QUOTATION AND THE SALES TERMS AND CONDITIONS OF THE TERMS AND CONDITIONS PAGE MADE PART OF THIS QUOTATION ACCEPTED BY TITLE DATE ADDRESS CITY OF HASTINGS FINANCE DEPARTMENT - BUDGET/ACCOUNT ADJUSTMENT Please Check One: 1 Account (lournal Entry)Adjustment X Budget Adjustment (Council Approval Required) O' Fund Transfer(Council Approval Required) Account Number(s)Affected: EXP REV Ol .aol ab , a c� � o-�- � o• a � � auto sya EXP REV 11 1 Qa Amount of Adjustment/Transfer: $ !0 a Reason for Adjustment/Transfer: 11.I )OOS Ccs _ 12ud,C,e It A 001 Requested By: Date Requested: ::ix::ii:{:::?:;:i't:i ................... . n. : ...:.::.:::::.::::::::.::.:.::::. WP51\Files\Finance\Budacctadj.wpd/kln 4 JAN. 5.3001 4:36PM HASTINGS FIRE DEPT NU.UUY r.e/4r .,{,Ar HASTINGS FIRE DEPARTMENT MARK J.HOLMES,CHIEF 115 West 5th Street - r Hastings,Minnesota 55033-1815 Business Office(651)437-5610 Fax(651)437-5956 TO: Dave Osberg Ci Administrator 3 FROM: Mark 1. Holm (ire Chief Zl SUBJECT: Snowmobile Purchase DATE: December.12, 2000 The City has in inventory a snowmobile for use by Fire and Police. This unit is kept on a trailer at the Fire Station for emergency response and has a companion patient Sled that can be pulled behind the snowmobile. Cby he current snowmobile was recovered by the Police Department as stolen and donated the insuring company to the City for emergency use. Unfortunately. this sled is in oor condition and would require ektensive repairs for continued operations. Even if paired, the existing snowmobile is not designed for the service we need, Recently,the Fire department was contacted by the local Sno Mos Snowmobile Club regarding upgrading our trail rescue capability. To assist in this upgrade, a commitment of$3,000,00 has been made and a check for that amount has been delivered to me. In researching this need together, the Fin and Police Departments have determined that the only weakness in our capability is the existing snowmobile. Discussions have occurred with 61 Sales, a local dealer who is willing to discount a desirable snowmobile that would meet our needs. To accomplish this upgrade, an additional$2,334.59 is needed.At the recent City auction, a snowmobile, utility vehicle and other miscellaneous items were sold and removed from the Fire Department inventory. At this time,I am requesting that funds tom the sale of the above mentioned equipment beyised to provide the additional funding to complete this upgrade. Attached you will find a copy of the check from the Sno Mos and the quotation from 61 Sales. , If you have any questions,please-feel free to contact me. • Attachments r,nr n1 rM,nr rnl,neT,n�, riot r3MC%1MK1r1nn1 _ eeeai 11 Anirc Q=rautre •;+ JAN. 5.2©01 4:39PM HASTINGS FIRE DEPT■�,.lr4�II at� �� �� NO. N P 3i4a1'�*w r?pe•;• . :� (C'``��„''i �'• •t�'H.�( ,+. •. .' , "�+_AIRI ESPORTS '�•'' y" A yl; `ri:• .}"�. r •I fi.�f t'K:���, 'h° .L �.l/ 11733 iM1iti r{f'' �' ""fftt 5, 11aw 33 P'r.DOUGLAS DRIVE SULI 19 r;� • HASTINGS,AIN 55039' , � 651•x! .*►?3 'r• • � •I ��� ,, '��•' - w.y 1 4. 4SrocktY: Dat■' ! / r� OV .,'.,, ,t'i �,r.R'lh�;, Selasporsom . ... Buyer Name:(Last) 1 ' i �.�4,e :fir IraO Idd►e) ' a.�"�;',,�'„�,,�T��_ Cc-Buyer Name: (Fired (Middle) Address: City: Stater Co Home Phone; Bus Phase: unry. r,•.� Ass�+ Buyer DOB Co Buyer 000.1 Buyer Ot8yi wy�t .L k: ClrBuyor O.L Buyers Insurance CD,: Policy ff; a•+kR:" �" PLEASE ENTER MY ORDER FOR; New.! Used 11 Doma:1 Lienholdar Address YFApIIAKIt, MO EL BODY ! fil N LOP ( IDR^ Vi ' r tl �'`c cif_ ;� -� r4 < 4 �" TRAN MI ,., ••arae' r N 0 LICA A A5 EXP.QATIFINTA M�LEAGO pEGvERED !, y.... L1 r� J V � � � r , � ON OR A80Ur. CASH PRICE OF VEHICLE COO FREIGHT U� DEALER INSTALLED OPTIONS y+•;1ttt�i�tr • �-�1.4•IlrY�� ''1n'L v TRADE-IN DATA �• DOES YOUR TRADE-IN HAVE:A BRANDED r TITLE OR INSURANCE SALVAGE HISTORY? YES a No,;]YEA ;i „i•+;,, R MA .� �f �•IR(OD aTYLC ,;",'�1: VIN a NAME - '•''ye':�'t� A OryESS h. U NfiE l NEE �'�v$ PUITI ■ STATII OATIt S MILEAGE TRAN$ I I N NOW 0. POLLUTION CO11110n.eye=niscLaauR _ -•,ecr .rya;. � tllJ .c-' Svy , , ' � .. fl1. .p.',-,a. n+�,•al�i5��+ •:��}' . ��+,4t1>ltADaaNvtnacuq 1: TOTAL r. �tr+• M drdtr v hel"c C�et I,IInneSaA eulvl.:,0e�an ettaa eQel,me pt►eon mev bander .slater vSM In Wtheut prow nti a wfmm dhaioeum to IM tr5ntftM(buyeq cet111ylna em Condition or the pahreton oonset eyetSnL LESS TRADE-IN ALLOWANCE FOR USED VEHICLE Tmrnrelor(t.lterl hereby amulet,to the bunt or hloAnr(thowledpe,thRtM paHinton coneot""e'"On mie rehtue wino traded In,Muding the mtoletgete mmowdw tble pot,hra L net been ,}tared,or rendwed Imp0Wvg, TRADE DIFFEg6NCE.. ° 'L' r ,•r. A. ;...,, LICENSE PLATE STATE 6 LOCAL TAKES eet�r agmnCm W ntEAL[A°e Olech•Atit[tt OFWARRANTV „ TIRE&TRANSFER FEES FEDERAL LUXURY TAX •':', IT the o.ener. LIEN RECORDING FEE 1.0 DOCUMENT v tax5ttly d}.tlalrnt d wartenlMt.ilgar eep:en or Implied an Ills vehicle DMINI6TiiATIVE FEE valid,e><eept any wermMI1111 onered A"eepr■hfed In her5arapht to Ihroughta an Me DAM or thl+tantmci Buyer at-rnawiedge5 reah"it Ihte Infoenetlon balm the 5914 end SERVICE CONTRACT nrnher ecknowledgen having tend end untlamlood the provltldn5 an the bm*of tole uorth5ac. , TOTAL IJCEN9E FEES SUBTOTAL 4/ DEALER'S POLLUTION CONTROLSY3TEM DISCLOSURE LESS CASH SUBMITTED WITH ORDER (—) (VEHICLE BEING SOLD) (+) Trantgrot(Dealerl hereby cenlllee,is Ria butt of h1wher Irnowledpe,that the pollution PLUS BALANCE OWING TO LIENHOLDER ON TRADE IN control symm an Ihit vehicle being sold.Including the ratipcted proline ppe,hie ITOTAL AMOUNT DUE ON DELIVERY no[been runlaved,altered,or rehdeed inciperniive. /i The front and back of thltl.CONTRACT cOTprlse the enure CONTRACT affecting info purchaval, The DEALER will not recognize any verbal agreement.or any other agreamen mderetanding of any nalure You cerilly thal.no credit has been extended by dealer:or the purchase of this motor VEHICLE. You cantly that you are 1B years of age or older.I icknowledge receiving a5mpy 61 this contract; . The terms of this CONTRACT wera4grssd upon and the CONTRACT signed In the IMPORTANT.. THIS MAY BE A BINDING CONTRA( feelarshlp On the delta noted Al top of this form, If DEALER In arranging credit for YOU,title AND YOU MAY LOSE ANY DEPOSITS IF YOU C :ONTRACT to not valid until a credit disclosure Is made an described In Regulation 2 and rou have accepted the Credit axtended. NOT PERFORM ACCORDING'TO ITS TERMS. 40TICE OF SA4ESPERSON'S LIMITED AUTHORITY. This contract li not valla unless signed and 21CCepted by Setas Manager or.-Officer of Dealerehtp• rccapted j "' Buyer e$IGnUUreAcceoiinoferrllt4l Coriirmt 'JAN. 5.2001 4:39PM HASTINGS FIRE DEPT � tr;NO.BBDk r; 'P.4/4 _ .. ' , ,I, 't'7''•.'G''�:+�,' •J�:'�• IlR,t'~0 ',•i 11!1' ��• t ' ',+�:vt•. '.i . t 1• 'ti'. �� i fil%jv+tl!' ,kl�t.a• ' 44",^;1• '� �1.�. I:,Rdj: '.i•-i r, r•. •�'; tr..,.., v l,,•u„��'l�i�ri�',.}�ay11•` 14 �1�1 11 r,� '�+yr�� s 4 i; ,.1..�y j i•!rl., .1 . •� „•' Y4:It.t��.� J,' "A`'.,1•.'1..•n I"'1'i U� i.'�.`1�1•t�f ' ,• 1 .�• Iq.'li},, r.tt i'•�N-•`a,1.J.+• t.�/ p,� \��Ai�'•�t'•�h� l,' .•,4, V• .. .•;i;•l i .1` 1' '..,;,;� . f ��r`!1� �.rL.11 C. Yl ,T t1,�F;�• . 1 4. f } f. •,! t.. ' ,'�•�. :. .rt 1, }•r•' •�ft' ,F:': �i.”' i't' ► Ir a(�a�,. Wh',� • ••^ •'+It'. ,,. 1 f.w. '� 'tr. t y ,1.11.4 {� ` A'terL''r iWd r �yJ1. •`�{�,7����lil'i \ G 1 A 1 ,1 , Lfe.. ,.r,:41+WY1•...r.11.L I.rA,.��r.��M•.,Yi.�{iy.Vi�., �•,1 �jlL•i.�i•'���L'S!{• I '.A° Y' ' ':1 •'I.i fwl+1.••1 u:.ir•�1w�f,r, 1 ' f ° •1' .. � . . 11a; 1 +U9lY�fiw`�`I►t••`�,++Me;��1s�Ni1 >ql• �ke+a.l el P Wl HASTINGS SNO MOS 05180 �• I• •: ,L•; PAYM TIM •► i,l. F'I kyF`'��'.1", �tlbA4t • � r t �t n11ti`. �. VERMILLION STATE BANK VORMILUON,MN 66005 • , r^�C � �' �'�', ~ages 1�� t:09 i91 3 ?oI: ,A �Ihl.fr�IMHMII NU./N11./IIIUY �.,r�y,l,y�-7711r,�1''yY • + • 1g Ae ' ' , , � ti. 'ft•►•' '.It}K,�v t . .,`,t_•�1.'�llA+it'fj[C�'.'� �S`la kf �•AI; ,YII �r `'��;'+'�•`,F'�Y�alsr•�t�S�:�f"riF;'1,..•.,,c•)`E�w�I ii� .,I'��"i. lid r 1 �t?':sA''.�htia1:. .�f�^\u;.. ,.1::. �' ./„ •:;�+ '`�1 �/G'�v��Glll �,670 N►A� i��i`1n�{�' {�1������� ��'�fF•11�•rp � •1 fgj JAN. 5.2001 4:38PM HASTINGS FIRE DEPT N0.Ge7 P.1/4 CITY OF HA,ST1NGS FIRE AND AM13ULA.NCE SERVICE 115 West Sth Street Hastings,MN 55933 Business Line 651-437-5610 FAX Line 651-437--595+6 FAX MEMO F_LY M04 MO FXY MEMO TO: ' a,0 FRO M: DATE: # of pages to follow Message: The information contained an this facsimile (fax) message is confidential and intended only for the use of the individual or entity named above. If you are not the _ intended recipient of this information or the person responsible for delivering it, you arc prohibited from disclosing, distributing, copying, or acting in reliance upon the attached material. If you have received this information in error, please contact the sender immediatcly. VI-6 Memo To: Mayor Werner and City Council From: Matthew Weiland,Planning Director Subject: Forpack,Inc.(Development/Business Subsidy Agreement for sale of Industrial Park Property. Date: - August 29,2001 CC: Loyd Lodewagon,Forpack Loyd Lodewagon of Forpack,Inc,has offered to purchase 1.00 acres of land land in the Industrial Park. The lot is legally described as Lot 2, Block 2, Hastings Industrial Park No. 6. The City Council recommended preliminary approval for the land sale and land credit program and their 8/6/01 City Council Meeting. The development/business subsidy agreements have now been prepared and are ready for final action. A Site Location map and these agreements are included with this memo. Background Information The applicant is proposing to construct an 8,000 sq ft building and will add at least two new jobs ($14.00/hour) over the next five years. He is estimating that he will add at least 4 new jobs in the next 5 years.The building will include offices,manufacturing space and rental space.This use would be allowed in the industrial park. The proposed site plan and building plans meet the design guidelines for the industrial park. This project would require the following items to be completed before the final land sale could be closed: 1. Site Plan Approval (pending- 9/4/01 City Council meeting) 2. Development/Purchase Agreement (pending- 9/4/01 City Council meeting) 3. Subsidy Agreement (pending- 9/4/01 City Council meeting) 4. Building Plans (submitted to building department 8/01 -pending approval Business Subsidy: Land Value: $43,560.00 Land Subsidy: $43,559.00 to finalized after 5 years Page 2 Industrial Park Board Recommendation:The Industrial Park Board recommended approval of the land sale and land credit program for Forpack. Requested Action: Motion to recommend final approval of the land sale of Lot 2, Block 2, Hastings Industrial Park No.6.To Forpack,INC. and the final approval of the development and business subsidy agreements for Forpack,INC. � J iiuu �.� 111191.111.J1111..: ME. fiWY VV IM 7 s yi� .a z,.,.5 � 4P F�.j 9"�vi.f8a i¢�d Pim �,�` t �. ` 'Pa^7,7- -z,,557. t, y '"7f. w :.��' g MR�Jlil ria # t � ll _ e�, E ,t(*tea k rp Y �yxi �� 9 to;j � RM /4111 g 1S'M f f t Ug LAI SLe a fr` b 55 i1 544, € � ®R� NP I r Kul 'i��� gw- 51 gum- RM P } ✓ t 4 �a "Imam � � a August 22,2001 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and LLOYD LODEWEGEN AND SUSAN LODEWEGEN Dated: 92001 This document was drafted by: BRADLEY & DEIKE, P. A. 5100 Eden Avenue, Suite 308 Edina, MN 55436 Telephone: (952) 926-5337 Rjd agrmAastings forpac TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE II Representations Section 2.1. Representations by the City 4 Section 2.2. Representations by the Developer 4 ARTICLE III Conveyance of Property Section 3.1. Status of Property 5 Section 3.2. Agreement to Sell 5 Section 3.3. Conditions Precedent to Conveyance 6 Section 3.4. Title 6 Section 3.5. Environmental Assessment 7 Section 3.6. Closing 7 Section 3.7. Access to Property 8 Section 3.8. Assessments 8 Section 3.9. Business Subsidy Agreement 10 Section 3.10.City Costs 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements 11 (i) Section 4.2. Construction Plans and Site Plan 11 Section 4.3. Commencement and Completion of Construction 11 ARTICLE V Insurance Section 5.1. Insurance 12 ARTICLE VI Taxes Section 6.1. Real Property Taxes 14 ARTICLE VII Financing Section 7.1. Mortgage Financing 14 Section 7.2. Limitation on Encumbrance of Property 14 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement 14 Section 8.2. Release and Indemnification Covenants 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 16 Section 9.2. Remedies on Default 16 Section 9.3. No Remedy Exclusive 17 (ii) Section 9.4. No Additional Waiver Implied by One Waiver 17 Section 9.5. Effect of Termination of Agreement 17 Section 9.6. Costs of Enforcement 17_ ARTICLE X Additional Provisions Section 10.1.Representatives Not Individually Liable 17 Section 10.2.Provisions Not Merged With Deed 18 Section 10.3.Titles of Articles and Sections 18 Section 10.4.Notices and Demands 18 Section 10.5.Disclaimer of Relationships 18 Section 10.6.Modifications 18 Section 10.7.Counterparts 18 Section 10.8.Judicial Interpretation - 18 Section 10.9. Severability 18 Section 10.10. Termination 19 SCHEDULE A Description of Property SCHEDULE B Business Subsidy Agreement (iii) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as.the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lloyd Lodewegen and Susan Lodewegen, a married couple (hereinafter collectively referred to as the "Developer"), having its principal office at 16905 Neill Path,Hastings,Minnesota 55033. WITNESSETH: WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota and is the owner of certain real property located in an industrial park within the City (which real property is referred to herein as the "Property"); and WHEREAS, the City has identified as one of its objectives the encouraging of economic development and job growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon a building of approximately 8,000 square feet with a market value for real property tax purposes of at least$160,000; and WHEREAS, the Developer has further proposed that in consideration of the City's conveyance of the Property the Developer will meet certain employment and wage requirements within specified times after conveyance of the Property; and WHEREAS, the Developer has represented to the City that the Developer is unable to secure the necessary financing to acquire the Property and construct the Improvements if the Developer is required to purchase the Property for its current market value; and WHEREAS, the City is willing to sell the Property to the Developer but only if the Developer complies with its construction, employment and other covenants under. this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessments means the assessments to be levied against the Property pursuant to Section 3.8 of this Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be .executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes, sections 1167.993 to 1167.995. "City" means the City of Hastings,Minnesota. "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County" means Dakota County,Minnesota. "Developer" means, collectively, Lloyd Lodewegen and Susan Lodewegen, a married couple, their representatives and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defined. Laws or Regulations mean and include the Comprehensive Environmental Response and Liability Act ("CERCLA" or the Federal Superfimd Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 U.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRX); the Clean Water Act, 33 U.S.C. 1321, et seq.;the Clean Air Act 42 U.S.C. 7401, et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder" means the owner of a Mortgage. "Improvements" means the construction by the Developer of a building of approximately 8,000 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part,by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer agrees to pay or assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota. "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement)which directly result in delays. 3 ARTICLE II Representations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief, at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely effect the contemplated use of the Property. (d) To the best of the City's knowledge and belief, no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used, incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape in,to, or upon the Property. (e) To the best of the City's knowledge and belief, no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed,threatened,.anticipated or in existence with respect to the Property. (f) The Property: (i) consists of approximately 1 acre; (ii) is currently zoned I-1; (iii) is not in the designated 100 year flood plain area; and (iv) does not currently receive preferential tax treatment(i.e. Green Acres). Section 2.2. Representations by the Developer. The Developer represents that: (a) The Developer consists of a married couple both of whom are residents of the State and both of whom have the legal capacity to enter into this Agreement and to perform the Developer's obligations set forth herein. (b) The Developer will construct the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including,but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans and site plan approved by the City. 4 (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of the Developer's knowledge, is aware of no facts the existence of which would cause the Developer to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City is required to take any action to obtain any necessary permits or approvals with respect to the Property under any local, state or federal environmental law or regulation,the Developer will cooperate with the City in connection with such action. (d) The Developer has or will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and operated. All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in all material respects as of the date of closing on conveyance of the Property to the Developer. ARTICLE III Conveyance of Property Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired the Property as part of an industrial park and developed the industrial park through the installation of infrastructure in order to provide readily available sites for businesses seeking industrial space. The public improvements to the industrial park benefited all parcels of property in the industrial park. The City is willing to initially convey the Property to the Developer for a purchase price less than the value of the Property and the costs that the City has incurred in developing the Property in consideration of the Developer's covenants and obligations under this Agreement. The Developer and the City have agreed that the value of the Property and public improvements that have been installed by the City that is in excess of the purchase price may be assessed against the Property and may be repayable in accordance with Section 3.8 of this Agreement. 3.2 Agreement to Sell. (a) The City and the Developer agree that the value of the Property in its current improved state is at least $43,560.00. However, the Developer has stated that it is unable to pay more than a nominal amount for the purchase of the Property. Therefore, the City agrees that it will sell the Property to the Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre ($1.00 total) and the performance of the Developer's other covenants under this Agreement. The Developer agrees that it will purchase the Property for the purchase price of$1.00 and that it will fulfill all of the other obligations of the Developer set forth herein. (b) The purchase price to be paid by the Developer to acquire the Property shall be payable by means of cash or certified funds on the date of closing on the sale of the Property to the Developer. 5 Section 3.3. Conditions Precedent to Conveyance. The City's obligation to sell and the Developer's obligation to purchase the Property shall be subject to satisfaction of all of the following conditions precedent: (a) The Developer having obtained the requisite approval of the City hereunder and all applicable governmental agencies and instrumentalities, municipal, county, state and federal, to the development of the Property through the construction of the Improvements in accordance with the Developer's Construction Plans and site plan. (b) The Developer having obtained: (i) amendments, revisions, exceptions or changes as may be necessary to applicable zoning codes and ordinances; (ii) special use permits, if applicable, (iii) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, if necessary; (vii)vacations and variances deemed necessary by Developer or as may be otherwise required to permit Developer to construct the Improvements in accordance with the Developer's Construction Plans and site plan; and (viii) the City's approval of the Developer's Construction Plans and site plan for the Improvements. (c) The Developer having determined that the Property has soil bearing characteristics sufficient to support the Improvements. (d) The Developer having reviewed and approved, or waived any objections to, title to the Property pursuant to Section 3.4 of this Agreement. (e) Developer shall have secured construction and permanent mortgage loan financing sufficient for the acquisition of the Property and construction of the Improvements, which financing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days from the date of this Agreement, either the City or Developer may terminate this Agreement by giving written notice of termination to the other party, whereupon this Agreement shall be null and void and the Developer and City shall execute an instrument in recordable form canceling this Agreement. Upon termination of this Agreement, the City and the Developer shall have no further obligations to the other under this Agreement, except as stated in Section 9.5 of this Agreement. Section 3.4. Title. (a) The Developer has obtained a commitment for the issuance of an owner's policy of title insurance for the Property naming the Developer as the proposed insured party. The Developer shall be allowed twenty (20) days after the date hereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Developer may not object to Permitted Encumbrances. The Developer's objections shall be made in writing or shall be deemed waived. If any objections are so made,the City shall be allowed ninety(90) days from notice thereof to cure the title defect or exception, either by the removal thereof or by the procurement of title insurance endorsements 6 satisfactory to Developer providing coverage against loss or damage as a result of such defect or exception. If the City does not cure such title defect or exception to Developer's satisfaction within said ninety (90) days, the Developer may, at its option, either(i) terminate the Agreement upon written notice to the City upon which this Agreement shall be null and void and the Developer and the City shall execute an instrument in recordable form canceling this Agreement; or (ii) waive the title defect or exception and proceed with the closing on the purchase of the Property. If the Developer waives the title defect or exception and proceeds to acquire the Property, the City shall have no further obligations with respect to any such defects or exceptions. The cost of obtaining the title insurance commitment and the cost of title insurance shall be borne by the Developer;provided that the City shall pay the cost of updating the abstract or registered property abstract for the Property or, if there is no abstract or registered property abstract in the possession of the City, the costs of updating title for purposes of the issuance of the title insurance commitment. (b) Within a reasonable time after the date hereof, the Developer shall obtain and furnish to the City, at the Developer's expense, a survey of the Property prepared by a registered surveyor certified to date, showing: (i) the number of square feet contained in the Property, measured to the right-of-way line'of public-roads upon which the property abuts; (ii) the exact legal description of boundary lines of the Property; (iii) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; (v) assumed bearings used by the surveyor; and (vi) direct legal access from a public road to the Property. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if it closes on the acquisition of the Property it will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy described in Section 3.4 (the premium for which and the cost of obtaining the commitment for which shall be paid by Developer); and (iii) a Seller's Affidavit, in customary form, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. (c) At closing on the conveyance of the Property the City will pay the following costs: (i) The cost of updating title to or continuing the abstract for the Property; (ii) State deed tax; 7 (iii) Conservation fee payable in connection with the conveyance; and (iv) The portion of the survey costs described in Section 3.4(b). At closing on the conveyance of the Property the Developer will pay the following costs: (i) The purchase price; (ii) The cost of obtaining the title insurance commitment and the premium for the policy of title insurance; (iii) The costs described in Section 3.10; (iv) The cost of the Survey related to preparing Developer's site plan showing the Improvements; (v) Recording fees for the deed, this Agreement and any other documents required to be recorded in connection with the conveyance; and (vi) Closing costs. Section 3.7 Access to Property. During the term of this Agreement, the Developer and his authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees and commissioners from and against any and all damage to property or injury to person arising out of the Developer's exercise of its right of access to the Property under this Section. The Developer shall be entitled to actual possession of the Property 'on the date of closing on conveyance of the Property to the Developer. Section 3.8. Assessments. (a) The Developer agrees that it will pay to the City the current value of the Property and the improvements that have been made to the land by the City prior to the date hereof if and to the extent required by this Section. The value of the land that is not being paid in the form of the purchase price paid at the time of conveyance of the Property is agreed to be $43,559.00. In order to secure the City's interest in being paid such amount the Developer and the City agree that the City may at the time of closing on the sale of the Property to the Developer or at any time thereafter assess such amount against the Property with the same force and effect as an assessment under Minnesota Statutes, Chapter 429. Such amount so assessed is referred to herein as the "Assessments" and shall constitute a special assessment lien against the Property enforceable in the manner applicable to the lien of assessments levied under said Chapter 429. The Developer agrees that this Agreement constitutes a petition to assess the Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that it will not contest the amount or validity of the Assessments on constitutional, statutory,procedural or other grounds and shall cause any Holder 8 and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrument, in a form acceptable to the City, acknowledging the validity of the lien of the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection of the lien of the Assessments as a first lien on the Property.. Payment of the principal amount of the Assessments shall be deferred but shall be due and payable on 1, 2006, unless accelerated pursuant to Section 9.2 or unless satisfied as provided in Section 3.8(e), except as the payment obligation may be reduced pursuant to Section 3.8(b) and (c). No interest shall accrue with respect to the Assessments until 1, 2006, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fails to pay any amount that is owed on 1, 2006, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest from such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Norwest Bank Hastings. (b) The amount of the Assessments to be paid by the Developer to the City on 1, 2006, shall be reduced by an amount referred to herein as the "Construction Credit". The Construction Credit shall be equal to the market value of the Improvements, exclusive of the value of the Property, for real property tax purposes, on the January 2nd prior to the date the Assessments are due, divided by 10. For example, if the value of the Improvements, exclusive of land value, on January 2, 2006, is $160,000.00 the amount of the Construction Credit available on 1, 2006, would be $16,000.00. No Construction Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. (c) The amount of the Assessments to be paid by the Developer to the City on 2006, shall be further reduced by an amount referred to herein as the "Jobs Credit". Prior to closing on the conveyance of the Property to the Developer the Developer shall furnish to the City payroll records in such form as the City may require documenting the wages paid by the Developer or Forpak, Inc., in the twelve month period preceding the closing. The City shall determine such total wage amount for such twelve month period and such amount shall be referred to as the "Existing Payroll". The Jobs Credit shall be equal to the annual payroll, in excess of the Existing Payroll, in the twelve (12)month period immediately preceding the date that the Assessments are due of the Developer's (or Forpak, Inc.'s as described in Section 8.1(b)) operations on the Property, divided by 27,000, with the result then being multiplied by $5,400.00. For example, if the annual payroll of the Developer or Forpak, Inc., for the twelve (12)month period in excess of the Existing Payroll is $200,000.00 the amount of the Jobs Credit (($200,000.00/27,000) x $5,400.00) shall be $40,000.00. For purposes of determining the Developer's annual payroll, only gross wages paid to employees shall be considered. A maximum of$50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in Forpak, Inc., may be included in the gross wages paid by Developer or Forpak, Inc. No Jobs Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. 9 If the Assessments as reduced by the Construction Credit and the Jobs Credit are less than zero, the Developer shall not be entitled to any payment from the City. (d) The Developer shall provide within ten (10) days of request by the City all documentation requested by the Authority to determine the amount of the Assessments that may be due under this Section. The City will, to the extent permitted by law, maintain the confidentiality of all information provided to the City under this subsection. (e) At any time prior to 1, 2006, the Developer may prepay the amount of the Assessments that are due at such time based on documentation provided to the City by the Developer as to the amount of the Jobs Credit and the Construction Credit to which the Developer is entitled at such time. The Developer's right to prepay the Assessments or seek a determination that no Assessments are payable shall be subject,however, to the conditions that (i) the Developer shall have completed construction of the Improvements as evidenced by the City's delivery of a certificate of occupancy, including all site improvements or, if items cannot be completed due to weather conditions, the Developer has established an escrow acceptable to the City to guarantee the completion of such unfinished items; and (ii) no uncured Event of Default shall have occurred under this Agreement. Upon such prepayment or upon the Developer's demonstration to the City that no amount of the Assessments is due, the City will execute a certification in recordable form certifying that the Assessments have been paid in full and discharged as a lien from the Property. Notwithstanding the full or partial termination of the Assessments that may be due under this Agreement, such payment shall not terminate or reduce the Developer's obligations, including possible repayment obligations, under the Business Subsidy Agreement. Section 3.9. Business Subsidy Agreement. The financial assistance being provided to the Developer by the City under this Agreement constitutes a "subsidy" within the meaning of Minnesota Statutes, sections 116J.993 to 116J.995. Therefore, at the time of closing on the conveyance of the Property to the Developer by the City, the City and the Developer shall enter into the Business Subsidy Agreement to satisfy the requirements under said statutory provisions. The repayment obligations set forth in the Business Subsidy Agreement are mandated by State law and are separate and distinct from the obligations of the Developer under this Agreement. Therefore, the Developer's repayment obligations under the Business Subsidy Agreement shall not be satisfied in whole or in part by any Construction Credit or Jobs Credit that the Developer may have earned under this Agreement. Section 3.10. City Costs. The Developer shall pay all of the City's out-of-pocket costs paid or payable by the City to attorneys or consultants in connection with the negotiation and preparation of this Agreement and related documents, financial reviews of this transaction,and the conveyance of the Property, including closing and recording costs. The City estimates that such costs will be approximately $1,000.00 and agrees that the maximum costs for which the Developer will be liable relative to the negotiation and preparation of this Agreement shall be $800.00. 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements. The Developer agrees that it will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain,preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof,in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a)The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that it will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore,within thirty(30) days from the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing if, in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part,by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and its successors and assigns, shall promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 of this Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by November 1, 2001, and shall complete such construction by March 1, 11 2002. The Developer shall, however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security from the Developer to assure that any uncompleted work is completed. (c) The Developer shall only be deemed to have fulfilled his obligations to construct the Improvements if upon completion of the Improvements the Improvements, exclusive of the value of the Property,have a market value for tax purposes of at least$160,000.00. ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (iii) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, all risk vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds 12 thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City which consent shall not be unreasonably withheld. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavating costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once very three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph(i)with respect to the Minimum Improvements shall be carried in the names of the Developer and the City as their respective interests may appear and shall contain standard clauses which provide for net proceeds of insurance resulting from claims per casualty thereunder to the Improvements to be made payable to the Developer. (ii) Comprehensive general public liability insurance, including personal injury. liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of,-the Improvements or any portion thereof resulting from fire or other casualty. In the event of any such damage or destruction, the Developer will forthwith repair, reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage. Failure by the Developer to rebuild the Improvements shall constitute an Event of Default under this Agreement which shall entitle the City to declare the Assessments due under Section-9.2 of this Agreement. (d) The City agrees that, `if requested by the Developer's lender of financing for the construction of the Improvements, it will subordinate its rights relative to the receipt and application of the proceeds of insurance under this Agreement to the lien of such lender's mortgage. 13 ARTICLE VI Taxes Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2001 shall be apportioned between the Developer and the City as of the date of conveyance of the Property, with the result that the City shall pay that portion of such taxes attributable to the period of the year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to the period of time commencing with the date of conveyance. Real estate taxes and assessments due and payable in the year 2000 and all prior years, deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any, shall be paid by the City. After its acquisition of the Property, the Developer shall pay all real property taxes and special assessments in a timely manner and prior to the imposition of penalties. ARTICLE VII. Financing Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has obtained mortgage or other construction and permanent financing in an amount sufficient for acquisition of the Property and construction of the Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer nor any successor in interest to the Property, or any part thereof, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements without the prior written approval of the City. All financing and other transactions shall contain an agreement in a form acceptable to the City by which a proposed Holder agrees to be bound by and subject to the Assessments. ARTICLE VIII Prohibitions Against Assignment and Transfer,Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) The Developer represents and agrees that prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of its obligations under the Business Subsidy Agreement, whichever, is later, except only by way of security for, and only for, the 14 purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to constructing the Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the City. The City may require as a condition to the approval of any transfer, sale or assignment that the Developer pay to the City the amount of the Assessments determined to be due on the date of the transfer, sale or assignment calculated in the manner provided in Section 3.8. (b) Notwithstanding subsection (a) above, the City acknowledges and agrees that the Developer will lease portions of the Improvements to industrial users. It is contemplated that a portion of the Improvements will be leased to tenants, including Forpak, Inc., a Minnesota corporation owned by the Developer. The City agrees that for purposes of determining the Jobs Credit under Section 3.8(c) and compliance with the Business Subsidy Agreement, the City will look at the employment and payroll records'of Forpak, Inc. The Developer shall, however, be the parry obligated under this Agreement. (b) In the absence of specific written agreement by the City to the contrary, no transfer of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, from any of its obligations hereunder. Section 8.2. Release and Indemnification Covenants. (a)The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements. (c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by the City of any immunity or limits on liability under State law, including, without limitation, Minnesota Statutes, Chapter 466,relative to tort or other claims. 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 of this Agreement. (c) Failure by the Developer to obtain financing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval pursuant to the terms, conditions and limitations of Article IV of this Agreement. (e) Failure by Developer to provide any documentation or information required to be provided under the terms of this Agreement. (f) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (g) The Developer does any of the following : (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an assignment for the benefit of its creditors; or (iii) admits, in writing, its inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the. Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty(60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take any one or more of the following actions after providing thirty (30) days written notice to the Developer of the Event of Default,but only if the Event of Default has not been cured within said thirty(30)days: 16 (a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2, 3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that it shall,within ten(10) days of written demand by the City,pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. 17 Section 10.2.Provisions Not Merged With Deed.None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 16905 Neill Path,Hastings,Minnesota.55033; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East,Hastings,Minnesota 55033-1955,, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary,principal and agent, limited or general partner, or joint venture between the City, the Developer and/or any third party. Section 10.6. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. Section 10.9. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 18 Section 10.10. Termination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due and upon Developer's satisfaction of all obligations under the Business Subsidy Agreement. Upon such termination, the City shall provide the Developer with a certificate evidencing the termination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date of termination of this Agreement. 19 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D.Werner,Mayor By Melanie Mesko, City Clerk DEVELOPER Lloyd Lodewegen Susan Lodewegen STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_day of , 2001, by Lloyd Lodewegen and Susan Lodewegen, a married couple. Notary Public 20 SCHEDULE A Description of Property Lot 2, Block 2, Hastings Industrial Park Number 6, according to the recorded plat thereof, Dakota County,Minnesota. SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and LLOYD LODEWEGEN AND SUSAN LODEWEGEN Dated: This document was drafted by: BRADLEY&DEIKE,P. A. 5100 Eden Avenue, Suite 308 Edina, MN 55436 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lloyd Lodewegen and Susan Lodewegen, a married couple (hereinafter collectively referred to as the "Developer"), having its principal office at 16905 Neill Path,Hastings,Minnesota 55033. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase and Development Agreement dated as of , 2001, (the "Contract") pursuant to which the Developer has agreed to construct certain improvements on real property within the City of Hastings, Minnesota; and WHEREAS,in order to induce the Developer to undertake such development, the City has agreed in the Contract to provide certain assistance to the Developer through its sale of the property subject to the Contract to the Developer at a cost below market value; and WHEREAS, Minnesota Statutes, sections 1167.993 to 116J.995, provides that a government agency. that provides financial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the financial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 116J.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act"means Minnesota Statutes, Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Benefit Date"means the date that the Property is conveyed by the City to the Developer. "City"means the City of Hastings,Minnesota. "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of , 2001. "Developer" means, collectively, Lloyd Lodewegen and Susan Lodewegen, a married couple, or their representatives and assigns, or any future owners of the Property. "Improvements" means the construction activities to be undertaken by the Developer pursuant to the Contract. "Property" means the real property described as such in the Contract. "State"means the State of Minnesota. "Subsidy" means on any particular date $43,559.00, less any portion of such amount that the Developer has as of such date repaid to the City pursuant to the terms of the Contract. ARTICLE II Job and Wage Goals; Required Provisions Section 2.1. Employment and Wage Requirements. The Developer shall meet or cause to be met within two (2) years of the Benefit Date the wage and job goals set forth on the attached Exhibit A. Section 2.2. Reports. The Developer agrees that it will provide to the City all reports required by the Act. Such reports shall be submitted at the times required by the Act. Section 2.3. Continuing Obligation. -The Developer agrees that it will continuously operate the Improvements for the purposes described in the Contract for a period of at least five (5)years from the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: (a) By providing the Subsidy to the Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State, creating new job opportunities within the City at competitive wages for low and moderate income persons and facilitating the expansion of a local business. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of the size and quality proposed. By reducing the front end costs of the Developer's business expansion, more funds will be available for ongoing operations costs and the risk of failure will thereby be reduced. (c) The Developer has no parent corporation. (e) The following is a list of all financial assistance from all other state or local government agencies: None. ARTICLE III Default Section 3.1. Defaults Defined. It shall be a default under this Agreement if the Developer fails to comply with any term or provision of this Agreement, and fails to cure such failure within thirty (30) days written notice to the Developer of the default, but only if the default has not been cured within said thirty(30) days. Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable loan, repayable only if the Developer fails to fulfill its obligations under sections 2.1 and 2.3 of this Agreement. Upon the occurrence of a failure to create jobs as required by Section 2.1 or a failure to continue operations as required by Section 2.3 the Developer shall repay to the City upon written demand from the City a"pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term"pro rata share"means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b)if the failure relates to wages,the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Minimum Improvements in accordance with Section 2.3, sixty (60) less the number of months of operation (where any month in which the Improvements are in operation for at least fifteen (15) days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Developer ceases operation as reasonably determined by the City,divided by 60; and (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages,not to exceed 100%. Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the City shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the City for the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the City prevails in such collection or enforcement action. ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. This Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for- convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. The Developer and City agree that if the Act is amended by the State legislature so as to shorten or eliminate the requirement that this Agreement contain the operating covenant contained in Section 2.2 and such amendment applies to this Agreement, the Developer and City.will amend this Agreement to reflect such amendment to the law. Section 4.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. The City and Developer agree that this Agreement is intended to satisfy the requirements of the Act, which is incorporated herein and made a part hereof by reference. In the event that any provision of this Agreement conflicts with the terms of the Act,the terms of the Act shall govern. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner,Mayor By Melanie Mesko, City Clerk DEVELOPER Lloyd Lodewegen Susan Lodewegen STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of , 2001, by Lloyd Lodewegen and Susan Lodewegen, a married couple. Notary Public EXHIBIT A Wage and Job Goals The Developer will create not less than 2 new full time or full time equivalent jobs at a wage of not less than$14.00 per hour. Me o VI-7 To: Mayor Werner and City Council From: Matthew Weiland,Planning Director Subject: Hastings Gymnastic Center- Development/Business Subsidy Agreement for sale of Industrial Park Property Date: August 29, 2001 CC: Lawrence Belk Lawrence Belk of the Hastings Gymnastics Center has offered to purchase 1.21 acres of land land in the Industrial Park.The lot is legally described as Lot 3,Block 1,Hastings Industrial Park No.2. The City Council recommended preliminary approval for the land sale and land credit program and their 8/6/01 City Council Meeting. The development/business subsidy agreements have now been prepared and are ready for final action. A Site Location map and these agreements are included with this memo. Background Information The applicant is proposing to construct an 10,000 sq ft building and will add at least two new jobs ($10.00/hour)over the next five years.The building will include offices,bathrooms,and a gymnastic center. This use would be allowed by special use permit,which was approved by the City Council at their 8/20/01 meeting. The preliminary site plan and building elevations meet the design guidelines for the Industrial Park. The front of the building is well done with rock face block and accent banding. Further landscaping will enhance this site.This project would require the following items to be completed before the final land sale could be closed:: 1. Special Use Permit(Approval 8/20/01 ) 2. Site Plan Approval(pending- 9/4/01 City Council meeting) 3. Development/Purchase Agreement (pending-9/4/01 City Council meeting) 4. Subsidy Agreement (pending- 9/4/01 City Council meeting) 5. Building Plans (submitted to building department 8/01 -pending approval) Business Subsidy: Land Value: $52,000.00 Land Subsidy: $51,199.00 to finalized after 5 years Page 2 Industrial Park Board Recommendation:The Industrial Park Board recommended approval of the land sale and land credit program for Hastings Gymnastics Center. Requested Action: Motion to recommend final approval of the land sale of Lot 3,Block 1,Hastings Industrial Park No.2 to the Hastings Gymnastics Center and the final approval of the development and business subsidy agreements for the Hastings Gymnastics Center kk k 2 2 ! / �} � � ) ) kt ! ca � � JB & ■ c A� % 7 s § 2 $ ! ! 6 _ B6CL33C ( ( ' . 2 rF CY) � . . � ... / b � - 7 M B � � � ■ : � � � August 22,2001 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and LAWRENCE BELK Dated: ,2001 This document was drafted by: BRADLEY & DEIKE, P. A. 5100 Eden Avenue, Suite 308 Edina, MN 55436 Telephone: 926-5337 Rjd ag rat/hastings gymnastics center TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE II Representations Section 2.1. Representations by the City 4 Section 2.2. Representations by the Developer 4 ARTICLE III Conveyance of Property Section 3.1. Status of Property 5 Section 3.2. Agreement to Sell 5 Section 3.3. Conditions Precedent to Conveyance 6 Section 3.4. Title 6 Section 3.5. Environmental Assessment 7 Section 3.6. Closing 7 Section 3.7. Access to Property 8 Section 3.8. Assessments 8 Section 3.9. Business Subsidy Agreement 10 Section 3.10.City Costs 10 ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements 11 W Section 4.2. Construction Plans and Site Plan 11 Section 4.3. Commencement and Completion of Construction 11 ARTICLE V Insurance Section 5.1. Insurance 12 ARTICLE VI Taxes Section 6.1. Real Property Taxes 14 ARTICLE VII Financing Section 7.1. Mortgage Financing 14 Section 7.2. Limitation on Encumbrance of Property 14 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement 14 Section 8.2. Release and Indemnification Covenants 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 16 Section 9.2. Remedies on Default 16 Section 9.3. No Remedy Exclusive 17 (ii) Section 9.4. No Additional Waiver Implied by One Waiver 17 Section 9.5. Effect of Termination of Agreement 17 Section 9.6. Costs of Enforcement 17 ARTICLE X Additional Provisions Section 10.1.Representatives Not Individually Liable 17 Section 10.2.Provisions Not Merged With Deed 18 Section 10.3.Titles of Articles and Sections 18 Section 10.4.Notices and Demands 18 Section 10.5.Disclaimer of Relationships 18 Section 10.6.Modifications 18 Section 10.7.Counterparts 18 Section 10.8.Judicial Interpretation 18 Section 10.9. Severability 18 Section 10.10. Termination 19 SCHEDULE A Description of Property SCHEDULE B Business Subsidy Agreement (iii) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of ; 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lawrence Belk, a individual(hereinafter referred to as the "Developer"),having his principal office at 851 Ventnor Avenue, Eagan,Minnesota 55123. WITNESSETH: WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota and is the owner of certain real property located in an industrial park within the City (which real property is referred to herein as the "Property"); and WHEREAS, the City has identified as one of its objectives the encouraging of economic development and job growth within the City by inducing and assisting new business to locate in the City and existing businesses to expand their operations; and WHEREAS, the Developer has presented to the City a proposal by which it would purchase the Property from the City and construct thereon a building of approximately 10,000 square feet with a market value for real property tax purposes of at least $435,000; and WHEREAS, the Developer has further proposed that in consideration of the City's conveyance of the Property the Developer will meet certain employment and wage requirements within specified times after conveyance of the Property; and WHEREAS, the Developer has represented to the City that the Developer is unable to secure the necessary financing to acquire the Property and construct the Improvements if the Developer is required to purchase the Property for its current market value; and WHEREAS, the City is willing to sell.the Property to the Developer but only if the Developer complies with his construction, employment and other , covenants under this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessments"means the assessments to be levied against the Property pursuant to Section 3.8 of this Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes, sections 1161993 to 1167.995. "City"means the City of Hastings,Minnesota. "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Developer on the Property which shall be at least as detailed as the plans to be submitted to the building inspector of the City and shall include such supplemental information as the City may require. "County"means Dakota County,Minnesota. "Developer" means Lawrence Belk, a individual, his representatives and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates, chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defined. Laws or Regulations mean and include the Comprehensive Environmental Response and Liability Act ("CERCLA" or the Federal Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 U.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRA"); the Clean Water Act, 33 U.S.C. 1321, et seq.;the Clean Air Act 42 U.S.C. 7401, et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, law ordinance or 2 regulation which may relate to or deal with human health or the environment including, without limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or ordinance. "Holder"means the owner of a Mortgage. "Improvements" means the construction by the Developer of a building of approximately 10,000 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part,by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer .agrees to pay or assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota. "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in enforcing its rights under this Agreement)which directly result in delays. 3 ARTICLE II Representations Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is a home rule charter city organized and existing under the laws of the State. Under the laws of the State, the City has the power to enter into this Agreement and to perform its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief, at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely effect the contemplated use of the Property. (d) To the best of the City's knowledge and belief, no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used,incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape in,to, or upon the Property. (e) To the best of the City's knowledge and belief, no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed,threatened, anticipated or in existence with respect to the Property. (f) The Property: (i) consists of 1.21 acres; (ii) is currently zoned I-1; (iii) is not in the designated 100 year flood plain area; and (iv) does not currently receive preferential tax treatment(i.e. Green Acres). Section 2.2. Representations by the Developer. The Developer represents that: (a) The Developer is a Minnesota resident who has the legal capacity to enter into this Agreement and to carry out the Developer's obligations under this Agreement. (b) , The Developer will construct the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including,but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans and site plan approved by the City. 4 (c) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of his knowledge, is aware of no facts the existence of which would cause him to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City is required to take any action to obtain any necessary permits or approvals with respect to the Property under any local, state or federal environmental law or regulation, the Developer will cooperate with the City in connection with such action. (d) The Developer has or will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed and operated. All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in all material respects as of the date of closing on conveyance of the Property to the Developer. ARTICLE III Conveyance of Property Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired the Property as part of an industrial park and developed the industrial park through the installation of infrastructure in order to provide readily available sites for businesses seeking industrial or other commercial space. The public improvements to the industrial park benefited all parcels of property in the industrial park. The City is willing to initially convey the Property to the Developer for a purchase price less than the value of the Property and the costs that the City has incurred in developing the Property in consideration of the Developer's covenants and obligations under this Agreement. The Developer and the City have agreed that the value of the Property and public improvements that have been installed by the City that is in excess of the purchase price may be assessed against the Property and may be repayable in accordance with Section 3.8 of this Agreement. 3.2 Agreement to Sell. (a) The City and the Developer agree that the value of the Property in,its current improved state is at least $52,707.60 However, the Developer has stated that he is unable to pay more than a nominal amount for the purchase of the Property. Therefore, the City agrees that it will sell the Property to the Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre ($1.00 total) and the performance of the Developer's other covenants under this Agreement. The Developer agrees that he will purchase the Property for the purchase price of$1.00 and that he will fulfill all of his other obligations set forth herein. (b) The purchase price to be paid by the Developer to acquire the Property shall be payable by means of cash or certified funds on the date of closing on the sale of the Property to the Developer. 5 Section 3.3. Conditions Precedent to Conveyance. The City's obligation to sell and the Developer's obligation to purchase the Property shall be subject to satisfaction of all of the following conditions precedent: (a) The Developer having obtained the requisite approval of the City hereunder and all applicable governmental agencies and instrumentalities, municipal, county, state and federal, to the development of the Property through the construction of the Improvements in accordance with the Developer's Construction Plans and site plan. (b) The Developer having obtained: (i) amendments, revisions, exceptions or changes as may be necessary to applicable zoning codes and ordinances; (ii) special use permits, if applicable, (iii) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, if necessary; (vii)vacations and variances deemed necessary by Developer or as may be otherwise required to permit Developer to construct the Improvements in accordance with the Developer's Construction Plans and site plan; and (viii) the City shall have approved the Developer's Construction Plans and site plan for the Improvements: (c) The Developer having determined that the Property has soil bearing characteristics sufficient to support the Improvements. (d) The Developer having reviewed and approved, or waived any objections to, title to the Property pursuant to Section 3.4 of this Agreement. (e) Developer shall have secured construction and permanent mortgage loan financing sufficient for the acquisition of the Property and construction of the Improvements, which financing shall contain terms acceptable to the City by which the Developer's lender agrees to be bound by and subject to the Assessments. (f) If the Developer is married, the Developer shall have delivered to the City an instrument, in a form acceptable to the City, by which the Developer's spouse consents to the Assessments as a lien on the Property and subjects her interest in the Property to such lien. In the event that the above conditions precedent have not been satisfied, or waived in writing by both the City and Developer, by a date forty five (45) days from the date of this Agreement, either the City or Developer may terminate this Agreement by giving written notice of termination to the other party, whereupon this Agreement shall be null and void and the Developer and City shall execute an instrument in recordable form canceling this Agreement. Upon termination of this Agreement, the City and the Developer shall have no further obligations,to the other under this Agreement, except as stated in Section 9.5 of this Agreement. Section 3.4. Title. (a) The Developer has obtained a commitment for the issuance of an owner's policy of title insurance for the Property naming the Developer as the proposed insured party. The Developer shall be allowed twenty (20) days after the date hereof for examination of said title and the making of any objections thereto, said objections to be made in writing or 6 deemed to be waived. The Developer may not object to Permitted Encumbrances. The Developer's objections shall be made in writing or shall be deemed waived. If any objections are so made,the City shall be allowed ninety(90) days from notice thereof to cure the title defect or exception, either by the removal thereof or by the procurement of title insurance endorsements satisfactory to Developer providing coverage against loss or damage as a result of such defect or exception. If the City does not cure such.title defect or exception to Developer's satisfaction within said ninety(90) days, the Developer may, at his option, either(i)terminate the Agreement upon written notice to the City upon which this Agreement shall be null and void and the Developer and the City shall execute an instrument in recordable form canceling this Agreement; or (ii) waive the title defect or exception and proceed with the closing on the purchase of the Property. If the Developer waives the title defect or exception and proceeds to acquire the Property, the City shall have no further obligations with respect to any such defects or exceptions. The cost of obtaining the title insurance commitment and the cost of title insurance shall be borne by the Developer;provided that the City shall pay the cost of updating the abstract or registered property abstract for the Property or, if there is no abstract or registered property abstract in the possession of the City, the costs of updating title for purposes of the issuance of the title insurance commitment. (b) Within a reasonable time after the date hereof, the Developer shall obtain and furnish to the City, at the Developer's expense, a survey of the Property prepared by a registered surveyor certified to date, showing: (i) the number of square feet contained in the Property, measured to the right-of-way line of public roads upon which the property abuts; (ii) the exact legal description of boundary lines of the Property; (iii) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; (v) assumed bearings used by the surveyor; and (vi) direct legal access from a public road to the Property. The City will reimburse the Developer for the above portions of the survey but not those portions that are attributable to the Developer's preparation of his site plan for the Improvements. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if he closes on the acquisition of the Property he will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy described in Section 3.4 (the premium for which and the cost of obtaining the commitment for which shall be paid by Developer); and (iii) a Seller's Affidavit, in customary form, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. 7 (c) At closing on the conveyance of the Property the City will pay the following costs: (i) The cost of updating title to or continuing the abstract for the Property; (ii) State deed tax; (iii) Conservation fee payable in connection with the conveyance; and (iv) The portion of the survey costs described in Section 3.4(b). At closing on the conveyance of the Property the Developer will pay the following costs: (i) The purchase price; (ii) The cost of obtaining the title insurance commitment and the policy of title insurance; (iii) The costs described in Section 3.10; (iv) The cost of the Survey related to preparing Developer's site plan showing the Improvements. (v) Recording fees for the deed, this Agreement and any other documents required to be recorded in connection with the conveyance; and (vi) Closing costs. Section 3.7 Access to Property. During the term of this Agreement, the Developer and his authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees and commissioners from and against any and all damage to property or injury to person arising out of the Developer's exercise of his right of access to the Property under this Section. The Developer shall be entitled to actual possession of the Property on the date of closing on conveyance of the Property to the Developer. Section 3.8. Assessments. (a) The Developer agrees that he will pay to the City the current value of the Property and the improvements that have been made to the land by the City prior to the date hereof if and to the extent required by this Section. The value of the land that is not being paid in the form of the purchase price paid at the time of conveyance of the Property is agreed to be $52,706.60. In order to secure the City's interest in being paid such amount the Developer and the City agree that the City may at the time of closing on the sale of the Property to the Developer or at any time thereafter assess such amount against the Property with the same force and effect as an assessment under Minnesota Statutes, Chapter 429. Such amount so 8 assessed is referred to herein as the "Assessments" and shall constitute a special assessment lien against the Property enforceable in the manner applicable to the lien of assessments levied under said Chapter 429. The Developer agrees that this Agreement constitutes a petition to assess the Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that he will not contest the amount or validity of the Assessments on constitutional, statutory, procedural or other grounds and shall cause any Holder and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrument, in a form acceptable to the City, acknowledging the validity of the lien of the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection of the lien of the Assessments as a first lien on the Property. Payment of the principal amount of the Assessments shall be deferred but shall be due and payable on 1, 2006, unless accelerated pursuant to Section 9.2 or unless satisfied as provided in Section 3.8(e), except as the payment obligation may be reduced pursuant to Section 3.8(b) and (c). No interest shall accrue with respect to the Assessments until 1, 2006, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fails to pay any amount that is owed on 1, 2006, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest from such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Norwest Bank Hastings. (b) The amount of the Assessments to be paid by the Developer to the City on July 1, 2005, shall be reduced by an amount referred to herein as the "Construction Credit". The Construction Credit shall be equal to the market value of the Improvements, exclusive of the value of the Property, for real property tax purposes, on the January 2nd prior to the date the Assessments are due, divided by 10. For example, if the value of the Improvements, exclusive of land value, on January 2, 2006, is $435,000.00 the amount of the Construction Credit available on 1, 2006, would be $43,500.00. No Construction Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. (c) The amount of the Assessments to be paid by the Developer to the City on 1, 2006, shall be further reduced by an amount referred to herein as the "Jobs Credit". Prior to closing on the conveyance of the Property to the Developer the Developer shall furnish to the City payroll records in such form as the City may require documenting the wages paid by the Developer or Hastings Gymnastics Center, Inc., in the twelve month period preceding the closing. The City shall determine such total wage amount for such twelve month period and such amount shall be referred to as the "Existing Payroll". The Jobs Credit shall be equal to the annual payroll, in excess of the Existing Payroll, in the twelve (12) month period immediately preceding the date that the Assessments are due of the Developer's (or Hastings Gymnastics Center, Inc.'s as described in Section 8.1(b)) operations on the Property, divided by 27,000, with the result then being multiplied by $5,400.00. For example, if the annual payroll of the Developer or Hastings Gymnastics Center, Inc. for the twelve (12)month period in excess of the Existing Payroll is $65,000.00 the amount of the Jobs Credit (($65,000.00/27,000) x 9 $5,400.00) shall be $12,960.00. For purposes of determining the Developer's annual payroll, only gross wages paid to employees shall be considered. A maximum of $50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in Hastings Gymnastics Center, Inc., may be included in the gross wages paid by Developer or Hastings Gymnastics Center, Inc. No Jobs Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved Construction Plans. If the Assessments as reduced by the Construction Credit and the Jobs Credit are less than zero, the Developer shall not be entitled to any payment from the City. (d) The Developer shall provide within ten (10) days of request by the City all documentation requested by the Authority to determine the amount of the Assessments that may be due under this Section. The City will, to the extent permitted by law, maintain the confidentiality of all information provided to the City under this subsection. (e) At any time prior to -1, 2006, the Developer may prepay the amount of the Assessments that are due at such time based on documentation provided to the City by the Developer as to the amount of the Jobs Credit and the Construction Credit to which the Developer is entitled at such time. The Developer's right to prepay the Assessments or seek a determination that no Assessments are payable shall be subject, however, to the conditions that: (i) the Developer shall have completed construction of the Improvements as evidenced by the City's delivery of a certificate of occupancy or, if items cannot be completed due to weather. conditions, the Developer has established an escrow acceptable to the City to guarantee the completion of such unfinished items; and (ii) that no uncured Event of Default shall have occurred under this Agreement. Upon such prepayment or upon the Developer's demonstration to the City that no amount of the Assessments is due, the City will execute a certification in recordable form certifying that the Assessments have been paid in full and discharged as a lien from the Property. Notwithstanding the full or partial termination of the Assessments that may be due under this Agreement, such payment shall not terminate or reduce the Developer's obligations, including possible repayment obligations, under the Business Subsidy Agreement. Section 3.9. Business Subsidy Agreement. The financial assistance being provided to the Developer by the City under this Agreement constitutes a "subsidy" within the meaning of Minnesota Statutes, sections 116J.993 to 116J.995. Therefore, at the time of closing on the conveyance of the Property to the Developer by the City, the City and the Developer shall enter into the Business Subsidy Agreement to satisfy the requirements under said statutory provisions. The repayment obligations set forth in the Business Subsidy Agreement are mandated by State law and are separate and distinct from the obligations of the Developer under this Agreement. Therefore, the Developer's repayment obligations under the Business Subsidy Agreement shall not be satisfied in whole or in part by any Construction Credit or Jobs Credit that the Developer may have earned under this Agreement. Section 3.10. City Costs. The Developer shall pay all of the City's out-of-pocket costs paid or payable by the City to attorneys or consultants in connection with the negotiation and preparation of this Agreement and related documents, financial reviews of this transaction, and the conveyance of the Property, including closing and recording costs. The City estimates that 10 such costs will be approximately $1,000 and agrees that the maximum costs for which the Developer will be liable relative to the negotiation and preparation of this Agreement shall be $800. ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements. The Developer agrees that he will construct the Improvements on the Property in accordance with the approved Construction Plans and site plan and at all times will operate and maintain,preserve and keep the Improvements or cause the Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans and Site Plan. (a) The City's willingness to convey the Property to the Developer is predicated upon and subject to the Developer's agreement that -he will construct the Improvements and that the Improvements will be of such quality and nature as will satisfy the City's goals for the development of the Property. Therefore, within thirty(30) days from the date of this Agreement, the Developer shall provide to the City for its review and approval Construction Plans and a site plan for the Improvements. The Construction Plans and site plan shall provide for the construction of the Improvements and shall be in conformity with this Agreement and all applicable state and local laws and regulations. The City shall approve the Construction Plans and site plan in writing if, in the sole discretion of the City, the proposed Improvements are of such a nature and quality as to justify the City's conveyance of the Property. Such Construction Plans and site plan shall, in any event, be deemed approved unless rejected in writing by the City, in whole or in part within thirty (30) days after the date of their receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's obligations to comply with the requirements of the City's normal construction permitting process. (b) If the Developer desires to make any material change in any Construction Plans or site plan after their approval by the City, the Developer shall submit the proposed change to the City for its approval. If the Construction Plans and site plan, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the Developer in writing of its approval. Any requested change in the Construction Plans or site plan shall, in any event, be deemed approved by the City unless rejected, in whole or in part,by written notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) The Developer agrees for himself, his representatives and assigns, and every successor in interest to the Property, or any part thereof, that the Developer, and his representatives and assigns, shall 11 promptly begin and diligently prosecute to completion construction of the Improvements within the period specified in this Section 4.3 of this Agreement. (b) Subject to Unavoidable Delays, the Developer shall commence construction of the Improvements by August 31, 2001, and shall complete such construction by July 31, 2002. The Developer shall, however, be entitled to request additional time to complete the Improvements, together with any site improvements shown on the site and building plans approved by the City; provided, that any such request shall be made prior to the date that completion is required and that the City may require security from the Developer to assure that any uncompleted work is completed. (c) The Developer shall only be deemed to have fulfilled his obligations to construct the Improvements if upon completion of the Improvements the Improvements, exclusive of the value of the Property,have a market value for tax purposes of at least$435,000.00. ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (iii) Worker's compensation insurance, with statutory coverage and employer's liability protection. (b) Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of his obligations under the Business Subsidy Agreement, whichever, is later, the Developer shall maintain, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Improvements under a policy or policies covering such risk as are ordinarily insured against by similar businesses, 12 including (without limiting the generality of the foregoing) fire, extended coverage, all risk vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City which consent shall not be unreasonably withheld. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavating costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once very three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the City. All policies evidencing insurance required by this subparagraph (i)with respect to the Minimum Improvements shall be carried in the names of the Developer and the City as their respective interests may appear and shall contain standard clauses which provide for net proceeds of insurance resulting from claims per casualty thereunder to the Improvements to be made payable to the Developer. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for- each year of $1,000,000.00, for public liability and shall be endorsed to show the City as an additional insured. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the City and shall be placed with financially sound and reputable insurers licensed to transact business in the State, the liability insurer to be rated A or better in Best's Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the coverage thereunder. (c) The Developer agrees to notify the City immediately in the case of damage to or destruction of, the Improvements or any portion thereof resulting from fire or other casualty. In the event of any such damage or destruction, the Developer will forthwith repair,reconstruct and restore the Improvements to substantially the same or an improved condition or value as existed prior to the event causing such damage. . Failure by the Developer to rebuild the Improvements shall constitute an Event of Default under this Agreement which shall entitle the City to declare the Assessments due under Section 9.2 of this Agreement. (d) The City agrees that, if requested by the Developer's lender of financing for the construction of the Improvements, it will subordinate its rights relative to the receipt and application of the proceeds of insurance under this Agreement to the lien of such lender's mortgage. 13 ARTICLE VI Taxes Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2001 shall be apportioned between the Developer and the City as of the date of conveyance of the Property, with the result that the City shall pay that portion of such taxes attributable to the period of the year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to the period of time commencing with the date of conveyance. Real estate taxes and assessments due and payable in the year 2000 and all prior years, deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any, shall be paid by the City. After his acquisition of the Property, the Developer shall pay all real property taxes and special assessments in a timely manner and prior to the imposition of penalties. ARTICLE VII Financing Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has obtained mortgage or other construction and permanent financing in an amount sufficient for acquisition of the Property and construction of the Improvements. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of his obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer nor any successor in interest to the Property, or any part thereof, shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining funds only to the extent necessary for acquiring and constructing the Improvements without the prior written approval of the City. All financing and other transactions shall contain an agreement in a form acceptable to the City by which a proposed Holder agrees to be bound by and subject to the Assessments. ARTICLE VIII Prohibitions Against Assignment and Transfer,Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) The Developer represents and agrees that prior to the date that the Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it is determined that no amount is due or the date that the Developer has fulfilled all of his obligations under the Business Subsidy Agreement, whichever, is later, except only by way of security for, and only 14 for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform his obligations with respect to constructing the Improvements under this,Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest herein or therein, or any contract or agreement to do any of the same, without the prior written approval of the City. The City may require as a condition to the approval of any transfer, sale or assignment that the Developer pay to the City the amount of the Assessments determined to be due on the date of the transfer, sale or assignment calculated in the manner provided in Section 3.8. (b) Notwithstanding subsection (a) above, the City acknowledges and agrees that the Developer will lease portions of the Improvements to a tenant. It is contemplated that a portion of the Improvements will be leased to Hastings Gymnastics Center, Inc., a Minnesota corporation owned by the Developer. The City agrees that for purposes of determining the Jobs Credit under Section 3.8(c) and compliance with the Business Subsidy Agreement, the City will look at the employment and payroll records of Hastings Gymnastics Center. The Developer shall,however,be the party obligated under this Agreement. (c) In the absence of specific written agreement by the City to the contrary, no transfer of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement, from any of its obligations hereunder. Section 8.2. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the following named parties, the Developer agrees to protect and defend the City and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements. (c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by the City of any immunity or limits on liability under State law, including, without limitation, Minnesota Statutes, Chapter 466,relative to tort or other claims. 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement(unless the context otherwise provides), any one or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 of this Agreement. (c) Failure by the Developer to obtain financing, if required, for construction of the Improvements pursuant to the terms and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval pursuant to the terms, conditions and limitations of Article IV of this Agreement. (e) Failure by Developer to provide any documentation or information required to be provided under the terms of this Agreement. (f) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (g) The Developer does any of the following : (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an assignment for the benefit of its creditors; or (iii) admit, in writing, his inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty(60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take any one or more of the following actions after providing thirty(30) days written notice to the Developer of the Event of Default,but only if the Event of Default has not been cured within said thirty(30)days: 16 (a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach hereunder. Section 9.5. Effect of Termination of Agreement. In the event that this Agreement is terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except that Sections 2.2, 3.10, 8.2, and 9.6 shall survive such termination and any cause of action arising hereunder prior to such termination shall not be affected. Section 9.6. Costs of Enforcement. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the City prevails in such action or effort, the Developer agrees that he shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms of the Agreement. 17 Section 10.2. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 851 Ventnor Avenue, Eagan,Minnesota 55123; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East,Hastings,Minnesota 55033-1955, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary,principal and agent, limited or general partner, or joint venture between the City, the Developer and/or any third party. Section 10.6. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. Section 10.9. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 18 Section 10.10. Termination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due and upon Developer's satisfaction of all obligations under the Business Subsidy Agreement. Upon such termination, the City shall provide the Developer with a certificate evidencing the termination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date of termination of this Agreement. 19 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner,Mayor By Melanie Mesko, City Clerk LAWRENCE BELK STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of , 2001,by Lawrence Belk, a individual. Notary Public 20 SCHEDULE A Description of Property Lot 3, Block 1, Hastings Industrial Park Number 2, according to the recorded plat thereof, Dakota County,Minnesota. SCHEDULE B BUSINESS SUBSIDY AGREEMENT By and Between CITY OF HASTINGS and LAWRENCE BELK Dated: This document was drafted by: BRADLEY&DEIKE,P.A. 5100 Eden Avenue, Suite 308 Edina,MN 55436 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of , 2001, by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101 4th Street East, Hastings, Minnesota 55033-1955, and Lawrence Belk, a individual (hereinafter referred to as the "Developer"), having his principal office at 851 Ventnor Avenue, Eagan,Minnesota 55123. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase . and Development Agreement dated as of , 2001, (the "Contract") pursuant to which the Developer has agreed to construct a certain improvements on real property within the City of Hastings, Minnesota; and WHEREAS,in order to induce the Developer to undertake such development, the City has agreed in the Contract to provide certain assistance to the Developer through its sale of the property subject to the Contract to the Developer at a cost below market value; and WHEREAS, Minnesota Statutes, sections 116J.993 to 116J.995, provides that a government agency that provides financial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the financial obligations of the recipient of the assistance if the goals are not met; and WHEREAS, the City and the Developer agreed in the Contract that they would enter into this Business Subsidy Agreement to satisfy the requirement of sections 116J.993 to 116J.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Defmitions Section I.I. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Benefit Date"means the date that the Property is conveyed by the City to the Developer. "City" means the City of Hastings,Minnesota. "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of , 2001. "Developer" means Lawrence Belk, a individual, or his representatives and assigns, or any future owners of the Property. "Improvements" means the construction activities to be undertaken by the Developer pursuant to the Contract. "Property" means the real property described as such in the Contract. "State"means the State of Minnesota. "Subsidy" means on any particular date $52,706.60, less any portion of such amount that the Developer has as of such date repaid to the City pursuant to the terms of the Contract. ARTICLE II Job and Wage Goals; Required Provisions Section 2.1. Employment and Wage Requirements. The Developer shall meet or cause to be met the within two (2) years of the Benefit Date the wage and job goals set forth on the attached Exhibit A. Section 2.2. Reports. The Developer agrees that he will provide to the City all reports required by the Act. Such reports shall be submitted at the times required by the Act. Section 2.3. Continuing Obligation. The Developer agrees that he will continuously operate the Improvements for the purposes described in the Contract for a period of at least five (5)years from the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: (a) By providing the Subsidy to the.Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State, creating new job opportunities within the City at competitive wages for low and moderate income persons and facilitating the expansion of a local business. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of he size and quality proposed. By reducing the front end costs of the Developer's business expansion, more funds will be available for ongoing operations costs and the risk of failure will thereby be reduced. (c) The Developer has no parent corporation. (e) The following is a list of all financial assistance from all other state or local government agencies: None. ARTICLE III Default Section 3.1. Defaults Defined. It shall be a default under this Agreement if the Developer fails to comply with any term or provision of this Agreement, and fails to cure such failure within thirty (30) days written notice to the Developer of the default, but only if the default has not been cured within said thirty(30) days. Section 3.2. Remedies on Default. The parties agree that the Subsidy is a forgivable loan, repayable only if the Developer fails to fulfill his obligations under sections 2.1 and 2.3 of this Agreement. Upon the occurrence of a failure to create jobs as required by Section 2.1 or a failure to continue operations as required by Section 2.3 the Developer shall repay to the City upon written demand from the City a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term"pro rata share"means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Minimum Improvements in accordance with Section 2.3, sixty (60) less the number of months of operation (where any month in which the Improvements are in operation for at least fifteen (15) days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Developer ceases operation as reasonably determined by the City, divided by 60; and (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages,not to exceed 100%. .Section 3.3. Costs of Enforcement. Whenever any default occurs under this Agreement and the City shall employ attorneys or incur other expenses for the collection of payments due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer shall be liable to the City for the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the City prevails in such collection or enforcement action. ARTICLE IV Miscellaneous Section 4.1. Provisions of Agreement Not Affected. This Agreement is not intended to modify or limit in any way the terms of the Contract. Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 4.3. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the City. The Developer and City agree that if the Act is amended by the State legislature to as to shorten or eliminate the requirement that this Agreement contain the operating covenant contained in Section 2.2 and such amendment is applies to this Agreement, the Developer and City will amend this Agreement to reflect such amendment to the law. Section 4.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 4.5. Judicial Interpretation. Should any provision of this Agreement require judicial interpretation,the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent or attorney prepared the same, it being agreed that the agents and attorneys of both parties have participated in the preparation hereof. The City and Developer agree that this Agreement is intended to satisfy the requirements of the Act, which is incorporated herein and made a part hereof by reference. In the event that any provision of this Agreement conflicts with the terms of the Act,the terms of the Act shall govern. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner,Mayor By Melanie Mesko, City Clerk LAWRENCE BELK STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of , 2001, by Lawrence Belk, a individual. Notary Public EXHIBIT A Wage and Job Goals The Developer will create not less than 2 new full time or full time equivalent jobs at a wage of not less than$10.00 per hour. CITY OF HASTINGS VI-8 RESOLUTION NO. 09- -01 Resolved that the City of Hastings enter into an Agreement with the State of Minnesota to provide public transportation service in the City of Hastings. Further resolved that the City of Hastings agrees to provide a local share of 20 percent of the total operating cost and 20%of the total capital costs. Further resolved that the City of Hastings authorizes the City Administrator and the Administrative Assistant/City Clerk to execute the aforementioned Agreement and any amendments thereto. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Hastings City Council at a duly authorized meeting thereof held on the 4h day of September,2001 as shown by the minutes of said meeting in my possession. Michael Werner,Mayor Melanie Mesko,Administrative Assistant/City Clerk SEAL VII-1 MEMO TO: MXor d City Council FROM: 7iee and hyLamara SUBJECT: Ice-Resurfacer Civic Arena DATE: August 28, 2001 - In the 2001 budget, Civic Arena Staff budgeted $70,000 for the purchase of a new Ice- Resurfacer for the Civic Arena. Bids for the Resurfacer were received on Monday, August 27, 2001. The following bids were submitted: ZAMBONI - $58,250 +tax BECKER - $59,995 +tax COUNCIL ACTION Accept the low bid for a Zamboni Ice-Resurfacer from R&R Specialties in the amount of$58,250+ $3,786.25 tax= $62,036.25. Bid Form Hastings civic arena 1. Basic Ice resurface (include choice of fuels CNG/LPG) $ 58,250.00 2. Board brush assembly $ Included in line item 1 3. LPG low fuel light $ Not available w/ CNG 4. 3 -way catalytic converter $ Included with line item 1 5. Fuel management system $ Included with line item 1 6. Paint-White/Blue $ Standard 7. CNG Fill system/related equipment $ Not available from FJZ (call for what my be needed) 8. Total cost to the City of Hastings $ 58,250.00 * Price does not include any applicable sales tax as we do not collect sales tax for any states other than California. 8-23-01 *9ignature Date Regional Sales Manager Title � w Bid Form Hastings civic arena 1. Basic Ice resurface ( include choice of fuels CNG/LPG) $ 59,995.00 2. Board brush assembly $ Included in base bid 3. LPG low fuel light $ Included in base bid 4. 3 -way catalytic converter $ Included in base bid 5. Fuel management system s Included in base bid 6. Paint-White/Blue S Included in base bid 7. CNG Fill system/related equipment S No information furnished ( call for what my be needed) 8. Total cost to the City of Hastings 59,995.00 Minnesota sales tax. 6.5% $ 3,899.68 y August 23, 2001 Signature Date President Title l VIII A-1 MEMO AND VII-2 To: Honorable Mayor and City Council Members From: Tom Montgomery Subject: Second Reading and Public Hearing Proposed new Assessment Ordinance Policy Date: August 30,2001 The Operations Committee of the City Council unanimously recommended adopting the enclosed new assessment policy. Council is requested to hold the second reading of this ordinance revision. The existing assessment policy is cumbersome to implement and difficult to explain and understand. In addition,with rising construction costs,proposed assessments under the existing policy may likely be exceeding the benefit to the property. The City is not allowed to assess a property for street and utility improvements more than the improvement increases the value of a property(typically defined as the special benefit to the property). The proposed new policy bases assessments on the special benefit to the property. A benefit option for a typical property will be prepared by a Certified General Real Estate Appraiser and used to determine proposed assessments against properties. For Municipal State Aid Streets and other high volume collector streets,the special benefit will be assumed to be equal to 25%of the estimated project cost. For residential street construction,property owners would be assessed at 90%of the estimated benefit to the property. The corner lot assessment share is also proposed to be changed from assessing 50% of the long side of a corner to assessing 25%of the long side of a corner lot. The reduction of assessments against the long side of a corner lot is consistent with a benefits appraisal completed two years ago for an assessment appeal on 12th Street. \\Cityha112\secretarys\Sam\Tom Montgomery\MEMO-8.30.O1Property Assessment.doc City of Hastings Notice of Public Hearing Chapter 6,Streets and Sidewalks Generally, and Chapter 12,Utilities Rules and Regulations Public Improvement Assessment Ordinance Amendment Notice is here given that the Hastings City Council will meet in a public hearing at 7:00 PM on September 4,2001,in the City Council Chambers located in the Hastings City Hall, 101 East St. for reviewing the following matter: AN ORDINANCE OF THE CITY OF HASTINGS,MINNESOTA AMENDING CHAPTERS 6.20 AND 12.31 OF.THE HASTINGS CITY CODE HAVING TO DO WITH REVISING THE ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS Chapters 6.20 and 12.3 1,are proposed to be amended to revise the assessment policy for public improvements: The proposed assessment policy revisions would base assessments for public improvements`on the-estimated benefit received.from such improvements,where benefit is defined by the increase in property value attributable to the public improvements. Before the date of the public hearing,persons may view exhibits concerning this matter that are available at the Hastings City Hall. City Hall hours are 8:00 AM to 4:30 PM Monday through Friday, excluding holidays. Persons may obtain copies of the exhibits at their own expense. All persons are welcome to attend this hearing and make comment. Thomas M.Montgomery Public Works Director Publish: Hastings Star Gazette,August 24 ORDINANCE NO. - SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS REPLACING CITY CODE CHAPTER 6.20 AND CITY CODE CHAPTER12.311,ESTABLISHING A NEW ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THAT CITY CODE SECTIONS 6.20 AND 12.319 BE REPLACED WITH THE FOLLOWING NEW SECTIONS: SECTION 6.20. STREET, SIDEWALK,AND STORM SEWER IMPROVEMENT SPECIAL.ASSESSMENT POLICY. (Assessment Policy for utility improvements such as sanitary sewer and watermain,can be found in Chapter 12, Section 12.21.) . Subd. 1. GENERAL: Street, Sidewalk,and storm sewer improvements shall be assessed as one combined project cost based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to the public improvements. Subd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council, and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3 STREET,SIDEWALK AND STORM SEWER IMPROVEMENTS: All street, sidewalk and storm sewer improvements shall be classified into two categories;New Construction and Reconstruction or Rehabilitation,which shall be defined as follows: A. New Construction.All public improvement construction where there is no existing platted right of way and improved, City maintained roadway prior to the commencement of construction. B. Reconstruction or Rehabilitation. All public improvements other than New Construction. Subd. 4.NEW CONSTRUCTION STREET, STORM SEWER&SIDEWALK IMPROVEMENTS: A presumption will be made for New Construction street,storm sewer and sidewalk improvements that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit, or if the property owner(s)to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be prepared. Requests for an opinion of special benefit to be prepared should be made on or before the Improvement Hearing date. 7, - _ v A per lot assessment basis shall be used for street, storm sewer, and sidewalk assessments for New Construction Improvements, except where inconsistencies in lot size, frontage and/or development densities exist,in which case assessments based on abutting frontage may be used. In general,there should be no City participation for street, storm sewer, and sidewalk assessments for New Construction Improvements. Subd. 5.RECONSTRUCTION OR REHABILITATION. All street, storm sewer, and sidewalk reconstruction improvements shall be classified into two categories; Collector and Municipal State Aid Streets,and Non-Collector and Non-Municipal State Aid Streets,which shall be defined as follows: A. Collector and Municipal State Aid Streets: Collector streets are those streets which have an average daily traffic count of 2,000 ormore vehicles per day. Municipal State Aid Streets are those streets within the City on the Minnesota Department of Transportation Municipal State Aid System. B. Non-Collector and Non-Municipal State Aid Streets: All streets other than Collector or Municipal State Aid Streets. Subd. 6. COLLECTOR AND MUNICIPAL STATE AID STREETS.All.street,, ' storm sewer, and sidewalk reconstruction improvements on collector or Municipal State Aid streets shall be constructed to Minnesota Department of Transportation State Aid standards.For reconstruction or rehabilitation of Collector Streets or State Aid Streets;a presumption will be made that 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The estimated project cost will be prepared by the Public Works Director and based on the low bids received for the improvement construction. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements may exceed special benefit, or if the property owner(s) to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. The division of 25% of the estimated project costs shall be . based on abutting frontage except as follows: A. Corner Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and twenty five percent of the long side of the lot.The City shall pay the remaining seventy five percent of the assessment on the long side of the comer lot. (2) For corner lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For corner lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. - (4) For comer lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular, as in the case of curvilinear streets or cul-de-sacs, a per lot assessment basis may be used in lieu.of the formulas in this section. -The funds for the City's participation as described above for Municipal State Aid streets shall come from State Aid Funds,if available.Funding for the City's participation for Collector streets shall come from the assumption of that portion of the improvement bond Subd. 7.NON-COLLECTOR AND NON-MUNICIPAL STATE AID STREETS. All street, storm sewer,.and sidewalk reconstruction or rehabilitation improvements of non- Collector Streets or non-Municipal State Aid Streets shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed improvements. Properties benefitting from the street, storm sewer, and sidewalk improvements shall be assessed based on abutting frontage except as follows: A. Comer Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and.twenty five percent of the long side of the lot. The City shall pay the remaining seventy five percent of the assessment-on the long side of the corner lot. (2) For comer lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For comer lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. (4) For corner lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular, as in the case of curvilinear streets or cul-de-sacs, a per lot assessment basis may be used in lieu of the formulas in this section. Subd. 8. SIDEWALK IMPROVEMENTS: All sidewalks shall be constructed a minimum of five feet in width. In general,where sidewalks are to be constructed in new developments,the sidewalks should be constructed one foot off the property line.Where sidewalks are to be constructed within existing developments,the walks should be constructed at least fifteen feet from existing homes.-However, except in commercial or industrial areas, all sidewalks shall be constructed with a minimum five foot boulevard. Subd. 9. SIDEWALK ASSESSMENTS. Where sidewalk improvements are constructed as partof a street and/or utility improvement project, assessments for sidewalks shall be included.with street and/or utility assessments as one combined project cost. Assessment credit shall be given for properties whose existing sidewalk is in good condition and does not need to be replaced as determined by the Public Works Director. The sidewalk assessment credit shall be determined by the Public Works Director and based on the project sidewalk construction costs. Assessments for sidewalks constructed as a stand alone project shall be assessed onn-a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed*sidewalk. Corner lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd. 10. TRUNK STORM SEWER IMPROVEMENTS. The assessment policy for trunk storm sewers shall be based on benefitted area. All lots contributing storm water runoff to the trunk storm sewer shall be assessed in the same proportion each lot has to the total area contributing storm water runoff to the trunk storm sewer. Subd. 11.LATERAL STORM SEWER IMPROVEMENTS. Where lateral storm sewer improvements are constructed as part of a street and/or utility improvement project, assessments for storm sewer shall be included with street and/or utility assessments as one combined project cost. Assessments for storm sewer constructed as a stand alone project shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed storm sewer. Corner lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd. 12.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions,the City reserves the right to levy an assessment for an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance No. 171, Second Series Effective Date: 1-24-85 Source: Ordinance No.222;Second Series - Effective Date: 5-14-87 Source: Ordinance No. 332, Second Series Entire Section 6.20 repealed and a new Section 6.20 adopted Effective Date: 3-18-93 (Sections 6.21 through 6.98,inclusive,reserved for future expansion). SEC. 12.31 Sanitary Sewer,Watermain,and Utility Service Improvement, Special Assessment Policy.- (Assessment Policy for street improvements such as street, storm sewer and sidewalks, can be found in Chapter 6, Section 6.20.) Subd. 1. GENERAL: Sanitary sewer,watermain,and utility service improvements shall be assessed as one combined project cost with street, sidewalk and storm sewer improvements based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to the public improvements: Subd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council,and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3. SANITARY SEWER,WATERMAIN,AND UTILITY SERVICE IMPROVEMENTS. Assessments for the construction of sanitary sewer lines greater than 10 inches in diameter shall be on the basis of an equivalent 10 inch diameter sanitary sewer. The additional cost for installing sanitary sewer lines greater than 10 inches in diameter shall be paid by the City. Assessments for the construction of watermains greater than 8 inches in diameter shall be on the basis of an equivalent 8 inch diameter watermain. The additional cost for installing watermains greater than 8 inches in diameter shall be paid by the City. The cost of replacing or repairing existing sanitary lines shall not be assessed against abutting property owners but shall be funded by the City's Waste Water Fund. The cost of replacing or repairing existing watermains shall not be assessed against abutting property owners but shall be funded by the City's Water Fund. A presumption will be made for new sanitary sewer,watermain and utility service construction that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The project cost shall reflect the maximum equivalent costs of a 10 inch diameter sanitary sewer and 8 inch diameter watermain as listed above. The Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit,or if the property owner(s)to be assessed request(s) _ an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. A per lot assessment basis shall be used for new sanitary sewer,watermain or utility service improvements, except where inconsistencies in lot size, frontage and/or development densities exist, in which case assessments based on abutting frontage maybe used. In general, there should be no City participation for new sanitary sewer,watermain or utility service improvements except for large sanitary sewer or watermains, as listed above. Subd. 4.UTILITY SERVICE REPLACEMENTS. When replacing existing functional utility service lines within the street right of way as part of an improvement project, a presumption will be made that the special benefit accrued by the serviced property will equal 50%of the service replacement project cost. The City shall pay the remaining fifty percent of the replacement cost of the utility service lines. Subd. 5.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions, the City reserves the right to levy an assessment or an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance 332,Second Series(Sec. 12.31) Effective Date: 3-18-93 This ordinance shall become effective upon passage and seven days after publication. ADOPTED BY THE CITY COUNCIL OF HASTINGS,MINNESOTA,THIS 4* DAY OF SEPTEMBER,2001. Ayes: Nays: Michael D. Werner,Mayor ATTEST: Melanie Mesko, City Clerk (Seal) , Elm LVA FLUEGEL & MOYNIHAN P.A. Attorneys At Law Donald J.Fluegel* 1303 South Frontage Road,Suite 5 Telephone 651-438-9777 Shawn M.Moynihan Hastings,MN 55033-2477 Fax 651-438-9775 Joan M.Fluegel Daniel J.Fluegel August 30, 2001 Mayor Michael D.Werner and City Council Members Hastings City Hall 101 East 4b Street Hastings,MN 55033 RE: Proposed Revised Assessment Policy Dear Mayor and City Council Members: At the.September 4,2001 city council meeting,the council will be asked to approve the second reading of a revised assessment policy. I was asked by Public Works Director,Tom Montgomery, to review the proposed ordinance and provide comments to him and the city council. Since Tom is out of the office this week,I have not been able to discuss my proposed changes with him. I thought I would send these comments to the council so that you would have them prior to the council meeting. I will also be discussing these proposed changes with Tom upon his return. We will be ready to make a recommendation to_the council at the council meeting. I will show any additions I propose by underlining words and any deletions by crossing out words. SECTION 6.20. STREET, SIDEWALK, AND STORM SEWER IMPROVEMENT SPECIAL ASSESSMENT POLICY. Subd.2. DETERMINATION OF BENEFIT:The estimate benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council, and.when deemed necessary by the City Council or Public Works Director,based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd. 3. STREET, SIDEWALK AND STORM SEWER IMPROVEMENTS: All street, sidewalk and storm sewer improvements shall be classified into two categories;New Construction and Reconstruction or Rehabilitation,which shall be defined as follows: A. New Construction. All public improvement construction where there is no existing pla improved right of way and improved, maintained roadway prior to the commencement of construction. B. Reconstruction or Rehabilitation. All public improvements other than New Construction. Subd. 4. NEW CONSTRUCTION STREET, STORM SEWER & SIDEWALK IMPROVEMENTS:A presumption will be made forNew Construction street,storm sewer and sidewalk improvements that the project cost ofthe ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. However, the Public Works Director may order an opinion of special benefit if the Public Works Director or City Council questions whether the project cost may exceed special benefit-, riftlie- property owner(s)to be assessed request(s)an opinion of special benefit and the City Council orders the *Also admitted to practice in Wisconsin Mayor Michael D. Werner and City Council Members Proposed Revised Assessment Policy Page 2 August 30,2001 opinion of special benefit to be prepared. Requests for an opinion of special benefit to be prepared should be made on or before the Improvement Hearing date. Subd. 5. COLLECTOR AND MUNICIPAL STATE AID STREETS. All street, storm sewer, and sidewalk reconstruction improvements on collector or Municipal State Aid streets shall be constructed to Minnesota Department of Transportation State Aid standards. For reconstruction or rehabilitation of Collector Streets or State Aid Streets, a presumption will be made that 25% of the estimated project cost of the ordered street,storm sewer and sidewalk improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The estimated project cost will be prepared by the Public Works Director and based on the low bids received for the improvement construction. However,the Public Works Director may order an opinion of special benefit if the City Council or Public Works Director questions whether 25%of the estimated project costs of the ordered street, storm sewer and sidewalk improvements may exceed special benefit.or if the property owner(s)to be assessed requesqs)an opinion of speciai ben and the eity eouncii�rders the opinion of special benefit to be perfbrmed. The division of 25%of the estimated project costs shall be based on abutting frontage except as follows: SECTION 12.31. Sanitary Sewer, Watermain and Utility Service Improvement, Special Assessment Policy. Subd.2. DETERMINATION OF BENEFIT:The estimated benefit of the public improvements shall be determined by the Public Works Director,subject to the approval by the City Council,and when deemed necessary by the City Council or Public Works Director,based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd. 3. Paragraph 3. A presumption will be made for new sanitary sewer,watermain and utility service construction that the project costs of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The project cost shall reflect the maximum equivalent costs of a 10 inch diameter sanitary sewer and S inch diameter watermain as listed above. The Public Works Director may order an opinion of special benefit if the City Council or Public Works Director questions whether the project cost may exceed special benefit.; or if the propetty owner(s)to be assessed request(s)an opinion of speciai benefit and the eity eotincif Very truly yours, FLUEGEL &MOYNIHANP.A. Shawn M. Moym an City Attorney SM-No srk cc: omas M. Montgomery,Public Works Director VII-3 MemoVIII-B-1 To: Mayor Werner and City Council From: Kris Jenson Date: August 29, 2001 Subject: Public Hearing - Chapter 10, Section 10.08 - Sign Ordinance City Staffhave been working on revising the existing sign ordinances.The purpose of this ordinance is to improve the aesthetics appearances of signage within the City of Hastings. Several other Twin City area communities have adopted similar ordinances to apply to their existing business areas. Perhaps the most notable in this area is West St. Paul, in the area of Robert Street, which is a commercial area comparable to Hwy 61Nermillion Street in Hastings. Background Information: City staff recognizes that signs are an integral advertisement tool for most businesses, but they are also a major source of visual pollution in commercial areas. A well maintained site with good landscaping, good building design, and an attractive sign is a very effective advertisement tool. The following sign changes are being proposed for the Hastings sign ordinance. The changes are based on staff research of other communities and sign resources and through planning workshops with the Hastings Planning Commission. These ordinance revisions would apply to all new development and existing developments when they replaced their existing signs. City staff will be proposing an incentive program to work with existing businesses to replace their non-conforming signs. Major Sign Ordinance Revisions 1. Most businesses would be allowed one monument sign per street frontage,not to exceed 50 sq ft in size or 6 ft in height. 2. Shopping centers along Vermillion Street would be allowed one area identification monument sign per street frontage,of which the primary sign could not to exceed 100 sq ft in size or 10 ft in height. Shopping Centers along Hwy 55 would be permitted one area identification sign per street frontage, of which the primary sign could not exceed 100 square feet in size or 20 feet in height. 1 h 3. Wall signage will be limited to 5%of the wall area or 40 sq ft in size,whichever is greater. Other revisions include the prohibition of off-premise signs and requiring directional signs to have a sign permit and be reviewed by the Planning Department. The major issue with ordinance revisions is that everyone is treated fairly. Existing businesses would not have to replace their existing signs,unless they were damaged or are proposed to be replaced with new signs. City staff are proposing these changes to increase the vitality and appearance of commercial areas. These changes will not only appeal to the larger residential community,but will also enhance commercial areas of the community. Planning Commission recommendation: The Planning Commission held a public hearing on August 13', 2001, at which they received no public comment. The Planning Commission unanimously recommended approval of the ordinance changes. Planning Committee recommendation: The Planning Committee met on August 28 , 2001 and recommended the addition of language to clarify that replacement of face plates in signs is classified as maintenance and may be done without requiring the actual sign structure to be upgraded.This language has been added under Section 10.06 Subd. 6 Nonconforming and Illegal Signs. Recommendation: Recommendation to approve the ordinance amending Chapter 10 Land Use Regulations,Section 10.02 Definitions and Section 10.06 Sign Ordinance. 2 t SECTION 10.02. DEFINITIONS. The following terms, as used in this Chapter, shall have the meaning stated: Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni- directional antennas, such as whip antennas. Bed and breakfast: An owner or manager occupied dwelling in which a room or rooms are rented on a nightly basis for periods of less than a week. Meals may or may not be provided. Bed and breakfast unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Buildable area: The portion of a lot remaining after required yards have been provided. Commercial wireless telecommunications service: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enchanced specialized mobilized radio (ESMR), paging, and,similar services that are marketed to the general public. Conversion: The converting of any one-family dwelling to a multiple-family dwelling. "Downtown" Overlay District: That area zoned C-3 bounded by the Mississippi River to the North, 4th Street to the South, Bailly Street to the East, and Eddy Street to the West. Drive-in restaurant or refreshment stand: Any place or premises used for sale, dispensing, or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on site. Dwelling, multiple-family: A residential building designed for two or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single family: A detached residential dwelling unit other than a manufactured home, designed for and occupied by one-family only. Dwelling, two-family: A detached residential dwelling building containing two dwelling units. Dwelling unit: A building or portion thereof constituting a independent housekeeping establishment for owner occupancy, rental or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities. Family: A group of individuals living under one roof. Home occupation: An occupation conducted in a dwelling unit. Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries. Lot: A separate parcel, tract, or area of land undivided by any public street or approved private road, established by plat, metes and bounds subdivision, or as otherwise permitted by law, and occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilitized for a principal use and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this Ordinance for such building, use or development. Lot-corner (corner lot): A lot at the intersection of two or more streets. Lot frontage: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sizes of a lot next to streets shall be considered frontage, and yards shall be provided as indicated under"yards" in this Section. Lot-interior(interior lot): A lot other than a corner lot with only one frontage on a street. Lot measurement: The depth of a lot shall be considered the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.Width of a lot shall be considered the distance between straight lines connecting the front lot width at setback. Lot of record: A lot that is part of a plat recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of that has been so recorded. Y Lot-through (through_lot): A lot other than a corner lot with frontage on more than one street. Manufactured Home (Mobile Home): A single family detached housing built to the National Manufactured Housing Construction and Safety Standards Act of 1974 or as may be amended. Measured distances: That all distances expressed in feet shall be to the nearest tenth of a foot. Motor vehicle impound lot: A facility for the temporary storage of motor vehicles, as defined by Minnesota Statutes Chapter 169. This definition does not include the storage of motor vehicles for salvaging, repairing, stripping, dismantling, sales or storage beyond time limits provided by ordinance. Principle Structure: A structure in which is conducted the primary use of the lot. Public Utility: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, personal wireless service shall not be considered public utility uses, and are defined separately. Public Safety Telecommunications Services: Licensed telecommunications systems used by local governments and all other public and private entities eligible under Part 90 of the FCC rules for public safety purposes including police, fire, emergency medical, highway maintenance, and forestry conservation radio service. Residential Care Facility- Dependent: A residential facility licensed in accordance with Minnesota Rules Chapter 4655.0100, Subpart 8 now in effect, or as may be amended in the future, and used to provide full dependent care for aged or infirm persons who require nursing care and related services. Residential Care Facility- Semi-independent: A state licensed residential facility for aged and/or disabled persons within which provides only personal or custodial care. Residential Senior Facility- independent: A residential facility in which at least one resident per dwelling unit is 55 or older. The dwelling units must be self- contained and physically accessible to aged persons. Roof Line: That line in which an exterior wall surface of a building structure departs from a vertical plane. Senior/Disabled Citizen Dwelling Unit: Is defined pursuant to Section 10.12, Subd. 313(1). Service Station: A retail station for servicing motor vehicles especially with gasoline, oil and other accessories. Shopping Center: A group of commercial retail establishments with multiple tenants that share parking and have a visual appearance as a contiguous structure that may or may not be planned, constructed or managed as a total entity. Sian: Any letter work, symbol, model, printed, projected or affixed device, poster, picture, reading matter, or other representation in the nature of an advertisement, announcement, direction or informative device including structural and compound parts that is located outdoors and is larger than one square foot in area. Banners: Attention getting devices that resemble flags and are of a paper, cloth or plastic like consistency. Construction Sign: Any sign that displays information regarding the construction or development of the site in which it is displayed. Directional Sign: A sign that serves primarily to direct traffic to the location of a place, area or activity. Flag: A rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a nation), signaling device (nautical), or attention getting device (advertising). Freestanding Sign: A sign that is self supporting and affixed to a frame structure, not attached to a building. Grade of Sign: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the sign and a line 10 feet from the sign. Sign Height: The height of a sign shall be measured from the grade of the sign. Identification Sign: A sign that displays only the name, address and title of an occupant or the name and address of a building or development. Sign Illumination: A light source within or directed at the sign. Monument Sign: any freestanding sign with it's sign face mounted on the .ground or mounted on a base at least as wide as the sign. Non-conforming Sign: Any sign that does not conform to the regulations of this ordinance. Off-Premise Sign: Any sign which advertises anything other than the business located on the same lot. Permanent Sign: Any sign other than a temporary sign. Portable Sign: A sign so designed as to be movable from one location to another that is not permanently attached to the ground, sales display device or structure. Projecting Sign: Any sign affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit. Public Sign: Any sign display intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news, etc. This does not include any information that would be related to the products or services at the display site. Real Estate Sign: Any sign about the sale, lease or rental of land or buildings. Roof Line: That line at which an exterior wall surface of a building structure departs from a vertical plane. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Shopping Center Area Identification Siqn: A freestanding sign used to identify single tenant or multi-tenant buildings. Sign Area: That area within the marginal lines or extreme outside edge of the surface that bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area included in the smallest rectangle that can be made to circumscribe any message, figure or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area. Temporary Sian: Any sign used only temporarily and is not permanently mounted. Traffic Sign: A sign erected by a governmental agency for guiding vehicular traffic and providing information to motorists. Wall Sign: A sign affixed to the exterior wall, mansard roof or soffit of a building that is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, or extend beyond the top of the parapet wall. Special use: A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety and welfare. Special uses may be permitted in a zoning district if specific provision for such special uses is made in this Zoning Ordinance. Street right-of-way: The line dividing privately owned property from property dedicated or conveyed for public use. Structure: Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, manufactured homes and fences. Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Tower. Multi-User: A tower designed for the antennas of more than one commercial wireless telecommunications service provider or governmental agency. Tower, Single-User: A tower designed for only the antennas of a single user. Travel trailer: A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes. Variance: A modification from the literal requirements of this ordinance. Yard: A required open space on a lot adjoining a lot line, containing only landscaping or other uses and structures provided by this zoning ordinance. Yard, front: A yard extending along the full width of a front line between side lot lines and from the front lot line to the front building line in depth. Yard side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or without either a front or rear yards, to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot. Yard, rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. Yard, special: A yard behind any required yard next to a public street, required to perform the same functions as a side or rear yard, but next to a lot line so placed or oriented that neither the term "side" nor"rear" yard clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be - located to the adjoining lot or lots, with due regard to the orientation and location of structures areas thereon. Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line. Source: Ordinance No. 417, Second Series Effective Date: October 20, 1997 SECTION 10.08 SIGN ORDINANCE SUBD. 1. GENERAL PROVISIONS. a. Purpose: The purpose of these provisions is to: 1. Establish standards that would permit businesses in the city a reasonable and equitable opportunity to advertise. 2. Preserve and promote civic beauty and not allow signs that would detract from this purpose because of unusual size, shape, height, location, condition or illumination. 3. Insure that signs shall not create a safety hazard. 4. Preserve and protect the value of land and buildings and also preserve and protect landscapes. b. Definitions: See Section 10.02 (DEFINITIONS). c. General: The following are minimum requirements: 1. All signs shall be erected or installed according to state building and electrical codes. Furthermore, all electrical signs shall require underground wiring. 2. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris, bushes, high grass/weeds or anything else that would be a nuisance. 3. Address signs that are clearly legible from the street which access is gained shall be required for each principal structure, except in nonsewered areas where addresses shall be affixed and visible from both sides of the mailbox and/or a separate structure visible from the access or street. 4. Illuminated signs shall be designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. 5. Except as otherwise regulated herein, the minimum setback from property lines for all signs may be zero feet provided that no portion of the sign extends into public right of way. 6. Signs permitted by this section shall be designed and constructed to resist wind and seismic forces as specified in the 1982 Uniform Sign Code. 7. Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section, the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. 8. Portable signs are allowed in all commercial districts, except within the Downtown Overlay District, in addition to permanent signs, only by temporary permit issued by the Community Development Division according to provisions established under Subdivision 5 of this Section. Portable signs may not exceed 32 square feet in size or six feet in height. The length of permits for portable signs shall be either 15 or 30 days. Permits for portable signs may be obtained for no more than 60 days per legal parcel per year. Only one portable sign per legal parcel may be permitted at a time. Portable signs may not be situated within any public street right-bf-way or easement. Temporary sign permit fees shall be established by resolution of City Council. SUBD 2. PROHIBITED SIGNS AND SIGN STRUCTURES. a. No sign shall be located within or over a public right of way unless otherwise specifically permitted by this section or the City Council. b. No illuminated flashing or revolving signs shall be permitted except movie theaters, time and temperature provided such signs are designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. Furthermore, movie theaters with illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and shall not be operated between midnight and 6:00 a.m. c. No sign shall be erected or maintained in a way that obstructs, obscure or otherwise physically interfere with an official traffic sign, signal/device or driver's view of approaching, merging or intersecting traffic. d. No sign shall be erected or maintained which imitates or resembles any 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 fire escapes. h. No sign shall be supported by guy wires. L 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. No off-premise signs permitted. k. Any sign not expressly permitted by the provisions of Section 10.08. 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. G. On site direGtienal signs in�rm ial industrial and puhlin_ zoning distriGts for direntinn v iGUI& nr in a s -rvr-vn-ccamg--ve�l,vu.ur-vr-�e�eS�FFaR-�f 6-�ru� nGivenient-manner, ttetl�+crtv eiivn Anes not adyeFtice nr list the name of a business. � d. Election/campaign signs on private property provided such signs are posted no sooner than 100 days before a city, school, county, state or federal election and removed within 10 days following an election. No election signs shall be affixed to utility poles. e. Real estate, lease and rental signs not more than 15 square feet for residentially zoned property and 32 square feet for nonresidentially zoned property provided only one sign per street frontage upon which the property to be sold or leased abuts. f. Open house signs no larger than five square feet that state that a particular home, commercial, industrial or public institutional structure will be open for public inspection for a limited number of hours on a specific day. Said signs may be placed in the city boulevard area on the same day of the open house and only during the open house. g. 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. h. 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 1.0 feet in height may be allowed up to - seven days. L Name plate signs displaying only the name or address of the owner not to exceed two square feet. j. 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. k. No trespass/no hunting and similar signs not to exceed two square feet in size may be placed on private property. I. Ribbons, banners, pennants, and similar devices are allowed in commercial, industrial and public institution districts. Such devices are intended to be temporary and if they become torn, discolored or in any way damaged to modify their original appearance, said devices shall be removed. m Temporary holiday signs or displays relating noncommercial messages associated with national, state or local holidays or festivals. n. One temporary seasonal farm products sales sign not to exceed 32 square feet in size. o. Flags or insignia of any government. SUBD 4. SIGNS REQUIRING A PERMIT. a. "A". "R" and "P-I" Districts: 1. One monument identification sign not to exceed 50 square feet in size or five feet in height for residential developments with six or more single family or multiple family dwelling units. 2. One monument identification sign not to exceed 50 square feet in size or five feet in height for each church, public or parochial school, hospital and residential care facility. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. b. C-1 and 0-1 Districts: 1. One free standing monument sign for each principal structure or legal parcel, whichever is more restrictive, not to exceed 50 square feet in size or 20 6 feet in height. 2. Wall signs not to n ed 10 per-Gent of the wall aFea that the_sinn(s) is to he {lased: Wall, Canopy, or Marquee. Total sign area on any one side of a building may not exceed five percent (5%) of the building fagade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of the parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. c. C-2 District: 1. One free standing monument sign for each principle structure or legal parcel, whichever is more restrictive, however, lots adiacent to more than one street - may have one (1) sign per street frontage. Signs shall not to exceed 400 50 square feet in size or 20 6 feet in height. 2. Additional fre ging monument signs permitted for Automobile Dealerships: L One freestanding monument sign not to exceed 4W 50 square feet or 20 6 feet in height for advertisement of sale of preowned automobiles. ii. One freestanding monument sign not to exceed 400 50 square feet or 2-G 6 feet in height for each additional new automobile product line (automobile make) sold on the premises. 3. Wall signs not to exGeed 20 per-Gent of the wall aFea that the sign(s) is to be placed:-Wall, Canopy, or Marquee. Total sign area on any one side of a building may not exceed five percent (5%) of the building fagade on which the sign is erected, or forty (40) -square feet, whichever is greater. Sign height shall not exceed the top of the parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. d. C-3-and-G4 and-" Districts: One free standing sign ffGF eaGhnn%3trrantUre, unified development Gr legal nwrnel� ,�ih�hey--'_ nre VStFiGtive, not to ex-Geed 1 aFee feet "Downtown" `7`" size or 20 feet in height exGept the buildings ever 20e 000 square feet ' _i Wall signs not to ex-Geed 20 pement of the wall area that the sign(s) is to be ' n n 000 squaFe feet in size not • One fFee standinge to evneed '17r. squaFe fee* in size or 20 fee* in height. ,(i One free cta dingnfGF eaGh building eve; 30,000 ysquare fee* in size not to ex-Geed 150 c q sere fee* in size OF 20 fee*in height 4. One-area-idee ;hopping GenteF meFe than 100,000 square feet not to exneeeQ 150 ft in .size OF 30 that shall identify n ` 1,1 size � businesses therein and may ,Qe�t+#y-tl�eflte�enly;-fleesadvert+�.�e-tqt��.�--�R�.,,,-�.-n,�- ineh p_ fGUF(4) hcino ce H*hamthe sheppiAg Gen 1. Single Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area ger'sign with a maximum height of six (6) feet. B Wall Canopy, or Marquee - Total sign area on any side of a building may not exceed five (5) percent of the building fagade on which the sign is erected or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 2. Multiple Occupant Building A Area identification. One (1) monument sign may be erected on a lot. The sign shall not exceed one hundred (100) square feet in area nor be higher than ten (10) feet. Monument signs may include the name of the development and up to four(4) tenants of the development. B Occupant Identification. Sign area may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet whichever is greater. For purposes of calculating area, the building itself shall be used. The building fapade of the leasehold shall not include the area of any canopy. I. Wall siqns shall be erected within the leasehold and their width shall not extend to any point less than one (1) foot from the leasehold boundary. II. Sign height shall not exceed the top of parapet wall or, of there is no parapet wall, sign height shall not exceed height of eaves. 3. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted, provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location of directional signs will be determined through sign permit review. e. C-4 Districts: 1. Single Occupant Building A. Under 100,000 square feet - One monument sign for each principal structure unified development or legal parcel, whichever is more restrictive however, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. C. Over 100,000 square feet - One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive however, lots adjacent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed seventy-five- (75) square feet in area per sign with a maximum height of fifteen (15) feet, and a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six(6) feet. B. Wall, Canopy, or Marquee - Total sign area on any side of a building may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet-whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 2. Multiple Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Primary siqn shall not exceed one hundred (100) square feet in area per sign with a maximum height of twenty (20) feet, and a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. Monument signs may include the name of the development and up to four (4) tenants of the development. B. Occupant Identification. Sian area may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. For purposes of calculating area, the building itself shall be used. The building facade of the leasehold shall not include the area of any canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one (1) foot from the leasehold boundary. ll. Sign height shall not exceed the top of parapet wall or, of there is no parapet wall, sign height shall not exceed height of eaves. 3. Movie theatres. The primary wall sign may not exceed ten (10) percent of the building facade on which the sign is erected. Secondary signs on the other building facades may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. 4. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted, provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location of directional signs will be determined through sign permit review. e. 1-1 and 1-2 Districts: 1. One #Fee standing monument sign for each principal structure or legal parcel, whichever is more restrictive, not to exceed 4wW 50 square feet in size and 20 6 feet in height. 2. Wall signs not to exGeed 20 perGent of the wall aFea that the sign(s) is to be phased:Wall, Canopy, or Marquee —Total sign area on any side of a building may not exceed five (5) percent of the building fagade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. - 3. On-site directional signs for directing vehicular or pedestrian traffic in a safe and convenient manner are permitted provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location will be determined through sign permit review. f. "Downtown" Overlay District: 1. The "Downtown" Overlay District as established in this ordinance has a unique and historic character. Downtown Hastings is a remarkably intact and compact example of commercial architecture from the 1860's to the 1920's. This historic character is considered an important asset of "Downtown" and, therefore, it is the intent of the Sign Section that this character be preserved. To accomplish this objective all permanent signage within the "Downtown" Overlay District 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: c. 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. d. 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. e. 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. f. Plastic, aluminum and black 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. g. Signage shall be permitted on canvas or treated cloth awnings where they are compatible with the age of the building and character of"Downtown". h. Proiectina signs are permitted within the East 2nd Street Historic District upon approval of the Heritage Preservation Commission The signs must conform with the following: 1. Minimum height above grade is eight (8) feet Maximum height above grade is 11' for the sign, and 12' for the bracket. 2: Sian may not project more than two and one-half (2.5) feet from the face of the building. 3. Total sign face may not exceed six(6) square feet 4. Materials must be wood and/or metal. Plastic signs are not permitted 5. Proiecting signs may not be lit, internally or externally. 6. Plans must be submitted to show how the sign will be anchored to the building and masonrv. 7. Only one Proiectina sign permitted per business or building 8. Signs must be advertising a specific business name not a generic product. 9. The sign area of the projecting sign comes off the total signage allowed for the building under the Downtown Overlay District requirements. PICTURE GOES HERE 2. All signs to be constructed within the "Downtown" Overlay District on properties that are designated as Heritage Preservation Sites or are in a Historic District are subject to approval by the Heritage Preservation Commission. 3. Freestanding signs are prohibited in the "Downtown" Overlay District. 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. 1. Sign applications are available from the Community Development Division. The applicant shall include sign dimensions, height, colors, construction materials, method of anchoring, content, and location. A sketch or photograph of the proposed sign is required and a site plan that adequately illustrates the location of the sign. In addition, the application shall include the location and size of all other signs at the subject property/development. 2. Once a completed sign application is filed with the Community Development Division, staff shall review the plans and specifications for the proposed sign(s). If the proposed sign(s) meets ordinance requirements, the building code and all other laws and ordinances of the City, a sign permit will be approved. - 3. The required fee as established by resolution of the City Council shall be paid to the City before issuance of a sign permit. SUBD 6. NONCONFORMING AND ILLEGAL SIGNS. a. Any sign legally existing on the effective date of this ordinance that does not conform to the requirements set forth in this ordinance shall become a nonconforming use and/or structure. Except as otherwise provided in this section, nonconforming signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance. Furthermore, nonconforming signs are subject to the provisions contained at Section 10.06. b. Any sign that is violation of this ordinance shall be removed or altered to comply with this section. c. Maintenance of existing signs, including the replacement of faceplates of the same size, shall be permitted on non-conforming signs. 0 ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS,ME14NESOTA AMENDING CHAPTER 10 LAND USE REGULATIONS OF THE HASTINGS CITY CODE HAVING TO DO WITH: SEC. 10.02 DEFINITIONS AND SEC. 10.06 SIGN ORDINANCE BE IT ORDAINED by the City Council of the City of Hastings as follows: SEC.10.02 DEFINITIONS AND SEC 10.06 SIGN ORDINANCE of the Hastings City code is amended by adding following text: SECTION 10.02.DEFINITIONS. The following terms, as used in this Chapter, shall have the meaning stated: Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to,the principal use or structure. Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Bed and breakfast: An owner or manager occupied dwelling in which a room or rooms are rented on a nightly basis for periods of less than a week. Meals may or may not be provided. Bed and breakfast unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping,but not for cooking or eating purposes. Buildable area: The portion of a lot remaining after required yards have been provided. Commercial wireless telecommunications service: Licensed commercial wireless telecommunication services including cellular,personal communication services(PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),paging, and 1 similar services that are marketed to the general public. Conversion: The converting of any one-family dwelling to a multiple-family dwelling. "Downtown" Overlay District: That area zoned C-3 bounded by the Mississippi River to the North,4th Street to the South,Bailly Street to the East, and Eddy Street to the West. Drive-in restaurant or refreshment stand: Any place or premises used for sale, dispensing, or servicing of food,refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food,refreshments or beverages on site. Dwelling, multiple-family: A residential building designed for two or more families,with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single family:.A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. Dwelling, two-family: A detached residential dwelling building containing two dwelling units. Dwelling unit: A building or portion thereof constituting a independent housekeeping establishment for owner occupancy,rental or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities. Family: A group of individuals living under one roof. Home occupation: An occupation conducted in a dwelling unit. Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries. Lot: A separate parcel,tract, or area of land undivided by any public street or approved private road, established by plat,metes and bounds subdivision, or as otherwise permitted by law, and occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilitized for a principal use and uses accessory 2 thereto, including such open spaces and yards as are designed and arranged or required by this Ordinance for such building,use or development. Lot-corner(corner lot),A lot at the intersection of two or more streets. Lot frontage: The front of a lot shall be construed to be the portion nearest the street.For the purposes of determining yard requirements on corner lots and through lots, all sizes of a lot next to streets shall be considered frontage, and yards shall be provided as indicated under"yards" in this Section. Lot-interior(interior loth A lot other than a corner lot with only one frontage on a street. Lot measurement: The depth of a lot shall be considered the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Width of a lot shall be considered the distance between straight lines connecting the front lot width at setback. Lot of record: A lot that is part of a plat recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds,the description of that has been so recorded. Lot-through(through loth A lot other than a corner lot with frontage on more than one street. Manufactured Home(Mobile Home): A single family detached housing built to the National Manufactured Housing Construction and Safety Standards Act of 1974 or as may be amended. Measured distances: That all distances expressed in feet shall be to the nearest tenth of a foot. Motor vehicle impound lot: A facility for the temporary storage of motor vehicles, as defined by Minnesota Statutes Chapter 169. This definition does not include the storage of motor vehicles for salvaging,repairing, stripping, dismantling, sales or storage beyond time limits provided by ordinance. Principle Structure: A structure in which is conducted the primary use of the lot. Public Utility: Persons, corporations, or governments supplying gas, electric,transportation, 3 water, sewer, or land line telephone service to the general public. For the purpose of this ordinance,personal wireless service shall not be considered public utility uses, and are defined separately. Public Safety Telecommunications Services: Licensed telecommunications systems used by local governments and all other public and private entities eligible under Part 90 of the FCC rules for public safety purposes including police, fire, emergency medical,highway maintenance, and forestry conservation radio service. Residential Care Facility-Dependent: A residential facility licensed in accordance with Minnesota Rules Chapter 4655.0100, Subpart 8 now in effect, or as may be amended in the future, and used to provide full dependent care for aged or infirm persons who require nursing care and related services. Residential Care Facility- Semi-inde enn dent: A state licensed residential facility for aged and/or disabled persons within which provides only personal or custodial care. Residential Senior Facili , -independent: A residential facility in which at least one resident per dwelling unit is 55 or older. The dwelling units must be self-contained and physically accessible to aged persons. Roof Line: That line in which an exterior wall surface of a building structure departs from a vertical plane. Senior/Disabled Citizen Dwelling Unit: Is defined pursuant to Section 10.12, Subd. 3B(1). Service Station: A retail station for servicing motor vehicles especially with gasoline, oil and other accessories. Shopping Center: A group of commercial retail establishments with multiple tenants that share parking and have a visual appearance as a contiguous structure that may or may not be planned, constructed or managed as a total entity. Sig_ Any letter work, symbol,model,printed,projected or affixed device,poster,picture, reading matter, or other representation in the nature of an advertisement, announcement, 4 direction or informative device including structural and compound parts that is located outdoors and is larger than one square foot in area. Banners: Attention getting devices that resemble flags and are of a paper, cloth or plastic like consistency. Construction Sign: Any sign that displays information regarding the construction or development of the site in which it is displayed. Directional gign: A sign that serves primarily to direct traffic to the location of a place, area or activity. Flay: A rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a nation), signaling device(nautical), or attention getting device(advertising). Freestanding Sign: A sign that is self supporting and affixed to a frame structure,not attached to a building. Grade of Signe: The lowest point of elevation of the finished surface of the ground,paving or sidewalk within the area between the sign and a line 10 feet from the sign. Sight: The height of a sign shall be measured from the grade of the sign. Identification Sign: A sign that displays only the name, address and title of an occupant or the name and address of a building or development. Sign Illumination: A light source within or directed at the sign. Monument Sign: my freestanding sign with it's sign face mounted on the ground or mounted on a base at least as wide as the sign. Non-conformingSign:ign: Any sign that does not conform to the regulations of this ordinance. Off-Premise Sign: Any sign which advertises g&ything�other than the business located on the same lot. 5 Permanent Sign: Any sign other than a temporary sign. Portable Sign: A sign so designed as to be movable from one location to another that is not permanently attached to the ground, sales display device or structure. Projecting Sign: Any sign affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit. Public Sign: Any sign display intended primarily to promote items of general interest to the community such as time,temperature, date, atmospheric conditions,news, etc. This does not include any information that would be related to the products or services at the display site. Real Estate &M Any sign about the sale, lease or rental of land or buildings. Roof Line: That line at which an exterior wall surface of a building structure departs from a vertical plane. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Shopping Center Area Identification-&=A freestanding sign used to identify single tenant or multi-tenant buildings. Sign Area: That area within the marginal lines or extreme outside edge of the surface that bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area included in the smallest rectangle that can be made to circumscribe any message, figure or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area. TemporM&M Any sign used only temporarily and is not permanently mounted. Traffic Sign: A sign erected by a governmental agency for guiding vehicular traffic and providing information to motorists. 6 Wall Sign: A sign affixed to the exterior wall,mansard roof or soffit of a building that is parallel to the building wall.A wall sign does not project more than twelve (12)inches from the surface to which it is attached, or extend beyond the top of the parapet wall. Special use: A use that would not be appropriate generally or without restriction throughout the zoning district but,if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety and welfare. Special uses may be permitted in a zoning district if specific provision for such special uses is made in this Zoning Ordinance. Street right-of-way The line dividing privately owned property from property dedicated or conveyed for public use. Structure: Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings,manufactured homes and fences. Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables,wires,braces,masts,intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Tower, Multi-User: A tower designed for the antennas of more than one commercial wireless telecommunications service provider or governmental agency. Tower, Single-User: A tower designed for only the antennas of a single user. Travel trailer: A vehicular,portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes. Variance: A modification from the literal requirements of this ordinance. Yard: A required open space on a lot adjoining a lot line, containing only landscaping or other uses and structures provided by this zoning ordinance. Yard, front: A yard extending along the full width of a front line between side lot lines and from the front lot line to the front building line in depth. 7 Yard side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or without either a front or rear yards, to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot. Yard,rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. Yard, special: A yard behind any required yard next to a public street,required to perform the same functions as a side or rear yard,but next to a lot line so placed or oriented that neither the term "side" nor "rear" yard clearly applies. In such cases,the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots,with due regard to the orientation and location of structures areas thereon. Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line. Source: Ordinance No. 417, Second Series Effective Date: October 20, 1997 SECTION 10.08 SIGN ORDINANCE SUBD. 1. GENERAL PROVISIONS. a. P=ose: The purpose of these provisions is to: 8 1. Establish standards that would permit businesses in the city a reasonable and equitable opportunity to advertise. 2. Preserve and promote civic beauty and not allow signs that would detract from this purpose because of unusual size, shape,height, location, condition or illumination. 3. Insure that signs shall not create a safety hazard. 4. Preserve and protect the value of land and buildings and also preserve and protect landscapes. b. Definitions: See Section 10.02 (DEFINITIONS). c. General: The following are minimum requirements: 1. All signs shall be erected or installed according to state building and electrical codes. Furthermore, all electrical signs shall require underground wiring. 2. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris,bushes,high grass/weeds or anything else that would be a nuisance. 3. Address signs that are clearly legible from the street which access is gained shall be required for each principal structure, except in nonsewered areas where addresses shall be affixed and visible from both sides of the mailbox and/or a separate structure visible from the access or street. 4. Illuminated signs shall be designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. 5. Except as otherwise regulated herein, the minimum setback from property lines for all signs may be zero feet provided that no portion of the sign extends into public right of way. 6. Signs permitted by this section shall be designed and constructed to resist wind and seismic forces as specified in the 1982 Uniform Sign Code. 7. Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section,the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. 8. Portable signs are allowed in all commercial districts, except within the Downtown Overlay District, in addition to permanent signs, only by temporary permit issued by the Community Development Division according to provisions established under Subdivision 5 of this Section. 9 Portable signs may not exceed 32 square feet in size or six feet in height.The length of permits for portable signs shall be either 15 or 30 days.Permits for portable signs may be obtained for no more than 60 days per legal parcel per year. Only one portable sign per legal parcel may be permitted at a time.Portable signs may not be situated within any public street right-of-way or easement. Temporary sign permit fees shall be established by resolution of City Council. SUBD 2. PROHIBITED SIGNS AND SIGN STRUCTURES. a. No sign shall be located within or over a public right of way unless otherwise specifically permitted by this section or the City Council. b. No illuminated flashing or revolving signs shall be permitted except movie theaters,time and temperature provided such signs are designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. Furthermore, movie theaters with illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and shall not be operated between midnight and 6:00 a.m. c. No sign shall be erected or maintained in a way that obstructs,obscure or otherwise physically interfere with an official traffic sign,signal/device or driver's view of approaching,merging or intersecting traffic. d. No sign shall be erected or maintained which imitates or resembles any 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 ofpaper,cardboard or similar material and attached directly to a building. g. No sign/structure shall be placed that will obstruct safe access to doors,windows or fire escapes. h. No sign shall be supported by guy wires. i. No sign shall be placed on a rooftop or project above the roof line when attached to a structure except as may be permitted by the City Council under Subd. 1, of this section. j. No off-premise signs permitted. k. Any sign not expressly permitted by the provisions of Section 10.08. 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. 10 direeting ve�Aettlar or pedestrian traffie in a safe and eonvettient mamer,provided the sign not advertise or list the name of a bitsines�.- d. Election/campaign signs on private property provided such signs are posted no sooner than 100 days before a city, school, county, state or federal election and removed within 10 days following an election.No election signs shall be affixed to utility poles. e. Real estate,lease and rental signs not more than 15 square feet for residentially zoned properly and 32 square feet for nonresidentially zoned property provided only one sign per street frontage upon which the property to be sold or leased abuts. f. Open house signs no larger than five square feet that state that a particular home,commercial, industrial or public institutional structure will be open for public inspection for a limited number of hours on a specific day. Said signs may be placed in the city boulevard area on the same day of the open house and only during the open house. g. 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. h. 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. i. Name plate signs displaying only the name or address of the owner not to exceed two square feet. j. 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. k. No trespass/no hunting and similar signs not to exceed two square feet in size may be placed on private property. 1. Ribbons, banners, pennants, and similar devices are allowed in commercial, industrial and public institution districts. Such devices are intended to be temporary and if they become torn, discolored or in any way damaged to modify their original appearance, said devices shall be removed. in Temporary holiday signs or displays relating noncommercial messages associated with national, 11 state or local holidays or festivals. n. One temporary seasonal farm products sales sign not to exceed 32 square feet in size. o. Flags or insignia of any government. SUBD 4. SIGNS REQUIRING A PERMIT. a. "A", "R" and"P-I" Districts: 1. One monument identification sign not to exceed 50 square feet in size or five feet in height for residential developments with six or more single family or multiple family dwelling units. 2. One monument identification sign not to exceed 50 square"feet in size or five feet in height for each church,public or parochial school, hospital and residential care facility. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. b. C-1 and 0-1 Districts: 1. One free standing monument sign for each principal structure or legal parcel,whichever is more restrictive,not to exceed 50 square feet in size or 20 6 feet in height. 2. Wall, Canopy,or Marquee.Total sign area on any one side of a building may not exceed five percent (5%) of the building facade on which the sign is erected, or f L 40) square feet, whichever is greater. Sign height shall not exceed the top of the parapet wall or,if there is no parapet wall, sign height shall not exceed height of eaves. c. C-2 District: 1. One free standiing monument sign for each principle structure or legal parcel,whichever is more restrictive, however, lots adjacent to more than one street may have one (1) signer street frontage. Sims shall not to exceed+00 50 square feet in size or 20 6 feet in height. 2. Additional monument signs permitted for Automobile Dealerships: i. One freestarxEng monument sign not to exceed 4.00 50 square feet or 20 6 feet in height for advertisement of sale of preowned automobiles. ii.- One freestanding monument sign not to exceed 400 50 square feet or 20 6 feet in height for each additional new automobile product line (automobile make) sold on the premises. 12 3. Wall signs not to exeeed 29 pereent of the wa4l area that the sign(s) is to . Wall. Canopy,or Marquee.Total sign area on any one side of a building mu not exceed five percent (5%) of the building facade on which the sign is erected, or forty(40) square feet.whichever is greater. Sign height shall not exceed the top of the parapet wall or,if there is no para en t wall, sign height shall not exceed height of eaves. d. C-3-, and-C-4 ate-§Districts: > > wltiehe v eiiiartivre restrietive,not to exeeed 100 square feet in size or 29 feet in height exeept. > • 2. WaR signs not to exeeed:20 pereent afthe waR area that the sign(s) is to be plaeed exeept th-a "Downtown" Overlay Dist4et-. 3. Gne free standing sigft for eaelt beilding over 20,000 square feet in size not to exeeed 125. sqttare feet itt size or 20 feet in height. 4. 9ne ftee standing sign fbr eaeh building over 30,009 square feet irt size not to exeeed 150 square feet itt size or 29 feet itt lteigbA. 3. E)tte area identifieation sign per shopping eenter more than 109,999 square feet not to exeeed 150 square feet in size or 30 feet in height that sha4l idetifify the eenter,only,not advertise btisinesses therein and may inelude up to four(4)businesses within the shopping eenter. 1. Single Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive,however,lots ad j scent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fi , (50) square feet in area per sign with a maximum hei ht of six 6) feet. B. Wall.Canopy,or Marquee-Total sign area on any side of a building may not exceed five (5)percent of the building fagade on which the sign is erected, or f M(40) square feet, whichever is greater. Sign height shall not exceed the In of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 1. Multiple Occupant Building A. Area identification. One(1)monument sign may be erected on a lot. The sign shall ,not exceed one hundred (100) square feet in area nor be higher than ten (10) feet. Monument signsmgy include the name of the development and up to four 4)tenants of the development. 13 B. Occupant Identification. Sign area may not exceed five(5)percent of the building fagade on which the sign is erected,or folly(40)square feet,whichever is greater.For purposes of calculating area,the building itself shall be used.The building facade of the leasehold shall not include the area of any canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one(1) foot from the leasehold boundar. II. Sign height shall not exceed the top of parapet wall or,of there is no parapet wall,sign height shall not exceed height of eaves. 3. On-Site Directional Signs.To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs_ are permitted,provided the sign does not exceed four(4) feet in height and two 2) square feet in size. The number and location of directional signs will be determined through sign permit review. c. C-4 Districts: 1. Single Occupant Building A. Under 100,000 square feet - One monument sign for each principal structure, unified development or legal parcel,whichever is more restrictive,however,lots adj scent to more than one street may have one(1) sign per street frontage. Signs shall not exceed fifty(50) square feet in area per sign with a maximum height of six (6) feet. B. Over 100,000 square feet — One monument sign for each principal structure, unified development or legal parcel,whichever is more restrictive,however,lots adjacent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed seven -five (75)square feet in area per sign with a maximum height of fifteen(15)feet, and a secondary street frontage sign shall not exceed fifty(50)square feet in area per Isign with a maximum height of six(6) feet. C. Wall, Canopy,or Marquee—Total sign area on any side of a building may not exceed five (5) percent of the building fagade on which the sign is erected, or forty_(40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 1. Multiple Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one 1) sign per street frontage. Primary sign shall not exceed one hundred(100)square feet in area per sign with a maximum height of twentyl20) feet, and a secondary street 14 frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six(6)feet.Monument si ns may include the name of the development and up to four(4)tenants of the development. B. Occupant Identification. Sign area may not exceed five(5)percent of the building fagade on which the sign is erected,or forty(40)square feet,whichever is greater.For p=oses of calculating area,the building itself shall be used.The building fagade of the leasehold shall not include the area of M canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one(1) foot from the leasehold boundary II. Sign height shall not exceed the top of parapet wall or,of there is no parapet wall,sign height shall not exceed height of eaves. 1. 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 fagade on which the sign is erected, or forty (40)square feet, whichever isegr .ater. 4. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signspermitted,provided the sign does not exceed four(4) feet in height and two 2) square feet in size. The number and location of directional signs will be determined through_sign permit review. e. I-1 and I-2 Districts: 1. One free sig monument sign for each principal structure or legal parcel,whichever is more restrictive, not to exceed 4-00 50 square feet in size and 29 6 feet in height. 2. Wall, Canopy,or Marquee Total sign area on any side of a building may not exceed five(5)percent of the building fagade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or,if there is no parapet wall, sign height shall not exceed height of eaves. 3. On-site directional signs for directing vehicular or pedestrian traffic in a safe and convenient manner are permitted provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location will be determined through sign permit review. f. "Downtown" Overlay District: 15 1. The "Downtown" Overlay District as established in this ordinance has a unique and historic character. Downtown Hastings is a remarkably intact and compact example of commercial architecture from the 1860's to the 1920's. This historic character is considered an important asset of"Downtown" and, therefore, it is the intent of the Sign Section that this character be preserved.To accomplish this objective all permanent signage within the"Downtown"Overlay District 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: c. 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. d. 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. e. 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. f. Plastic,aluminum and black 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. g. Signage shall be permitted on canvas or treated cloth awnings where they are compatible with the age of the building and character of"Downtown". h. Projecting signspermitted within the East 21d Street Historic District upon approval of the Heritage Preservation Commission. The signs must conform with the following_ 1. Minimum height above grade is eight(8)feet. Maximum height above grade is 11' for the sign, and 12' for the bracket. 2. Sign may not project more than two and one-half(2.5)feet from the face of the building 3. Total sign face may not exceed six (6) square feet. 4. Materials must be wood and/or metal. Plastic signs are not permitted. 5. Projecting signs may not be lit, internally or externally. 6. Plans must be submitted to show how the sign will be anchored to the building and masonry. 7. Only one projecting.sign permitted per business or building. 16 8. Signs must be advertising a specific business name,notaenteric product. 9. The sign area of the projecting sign comes off the total signage allowed for the building under the Downtown Overlay District requirements. PICTURE GOES HERE 2. All signs to be constructed within the "Downtown" Overlay District on properties that are designated as Heritage Preservation Sites or are in a Historic District are subject to approval by the Heritage Preservation Commission. 3. Freestanding signs are prohibited in the "Downtown" Overlay District. 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. 1. Sign applications are available from the Community Development Division. The applicant shall include sign dimensions,height,colors, construction materials,method of anchoring, content, and location. A sketch or photograph of the proposed sign is required and a site plan that adequately illustrates the location of the sign. In addition, the application shall include the location and size of all other signs at the subject property/development. 2. Once a completed sign application is filed with the Community Development Division, staff shall review the plans and specifications for the proposed sign(s).If the proposed sign(s)meets ordinance requirements,the building code and all other laws and ordinances of the City,a sign permit will be approved. 3. The required fee as established by resolution of the City Council shall be paid to the City before issuance of a sign permit. 17 SUBD 6. NONCONFORMING AND ILLEGAL SIGNS. a. Any sign legally existing on the effective date of this ordinance that does not conform to the requirements set forth in this ordinance shall become a nonconforming use and/or structure. Except as otherwise provided in this section,nonconforming signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance.Furthermore,nonconforming signs are subject to the provisions contained at Section 10.06. b. Any sign that is violation of this ordinance shall be removed or altered to comply with this section. c. Maintenance of existing signs, including the replacement of faceplates of the same size, shall be permitted on non-conforming si ng_s. SECTION 10.26. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision,paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful,or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof,shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. PASSED AND ADOPTED by the Hastings City Council on this day of 2001. Michael D. Werner,Mayor 18 ATTEST: Melanie Mesko,Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings,County of Dakota,Minnesota,on the of , 2001,as disclosed by the records of the City of Hastings on file and of record in the office. 19 Melanie Mesko, Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th ST. Hastings,MN 55033 20 VIII A-1 MEMO To: Honorable Mayor and City Council Members From: Tom Montgomery Subject: Second Reading and Public Hearing Proposed new Assessment Ordinance Policy _ Date: August 30,2001 The Operations Committee of the City Council unanimously recommended adopting the enclosed new assessment policy. Council is requested to hold the second reading of this ordinance revigion. The existing assessment policy is cumbersome to implement and difficult to explain and understand. In addition,with rising construction costs,proposed assessments under the existing policy may likely be exceeding the benefit to the property. The City is not allowed to assess a property for street and utility improvements more than the improvement increases the value of a property(typically defined as the special benefit to the property). The proposed new policy bases assessments on the special benefit to the property. A benefit option for a typical property will be prepared by a Certified General Real Estate Appraiser and used to determine proposed assessments against properties. For Municipal State Aid Streets and other high volume collector streets,the special benefit will be assumed to be equal to 25% of the estimated project cost. For residential street construction,property owners would be assessed at 90% of the estimated benefit to the property. The corner lot assessment share is also proposed to be changed from assessing 50% of the long side of a corner to assessing 25%of the long side of a corner lot. The reduction of assessments against the long side of a corner lot is consistent with a benefits appraisal completed two years ago for an assessment appeal on 12th Street. \\Cityha112\secretarys\Sam\Tom Montgomery\MEMO-8.30.O1Property Assessment.doc City of Hastings Notice of Public Hearing Chapter 6, Streets and Sidewalks Generally, and Chapter 12,Utilities Rules and Regulations Public Improvement Assessment Ordinance Amendment Notice is here given that the Hastings City Council will meet in a public hearing at 7:00 PM on September 4,2001,in the City Council Chambers located in the Hastings City Hall, 101 East St. for reviewing the following matter: AN ORDINANCE OF THE CITY OF HASTINGS,MINNESOTA AMENDING CHAPTERS 6.20 AND 12.31 OF.THE HASTINGS CITY CODE HAVING TO DO WITH REVISING THE ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS Chapters 6.20 and 12.3 1, are proposed to be amended to revise the assessment policy for public improvements: The proposed assessment policy revisions would base assessments for public improvements-on the-estimated benefit received.from such improvements,where benefit is defined by the increase in property value attributable to the public improvements. Before the date of the public hearing,persons may view exhibits concerning this matter that are available at the Hastings City Hall. City Hall hours are 8:00 AM to 4:30 PM Monday through Friday, excluding holidays. Persons may obtain copies of the exhibits at their own expense. All persons are welcome to attend this hearing and make comment. Thomas M.Montgomery Public Works Director Publish: Hastings Star Gazette,August 24 ORDINANCE NO. - SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS REPLACING CITY CODE CHAPTER 6.20 AND CITY CODE CHAPTER12.31,ESTABLISHING A NEW ASSESSMENT POLICY FOR PUBLIC IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THAT CITY CODE SECTIONS 6.20 AND 12.31,BE REPLACED WITH THE FOLLOWING NEW SECTIONS: SECTION 6.20. STREET, SIDEWALK,AND STORM SEWER RVIPROVEMENT SPECIAL.ASSESSMENT POLICY. (Assessment Policy for utility improvements such as sanitary sewer and watermain,can be found in Chapter 12, Section 12.21.) . Subd. 1. GENERAL: Street,Sidewalk, and storm sewer improvements shall be assessed as one combined project cost based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to thepublic improvements. Siabd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council, and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3 STREET, SIDEWALK AND STORM SEWER IMPROVEMENTS: All street, sidewalk and storm sewer improvements shall be classified into two categories;New Construction and Reconstruction or Rehabilitation,which shall be defined as follows: A. New Construction.All public improvement construction where there is no existing platted right of way and improved,City maintained roadway prior to the commencement of construction. B. Reconstruction or Rehabilitation. All public improvements other than New Construction. Subd.4.NEW CONSTRUCTION STREET, STORM SEWER&SIDEWALK IMPROVEMENTS: A presumption will be made for New Construction street, storm sewer and sidewalk improvements that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit,or if the property owner(s)to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be prepared. Requests for an opinion of special benefit to be prepared should be made on or before the Improvement Hearing date. A per lot assessment basis shall be used for street, storm sewer, and sidewalk assessments for New Construction Improvements, except where inconsistencies in lot size, frontage and/or development densities exist,in which case assessments based on abutting frontage may be used. In general,there should be no City participation for street, storm sewer, and sidewalk assessments for New Construction Improvements. Subd. 5.RECONSTRUCTION OR REHABILITATION. All street, storm sewer, and sidewalk reconstruction improvements shall be classified into two categories;Collector and Municipal State Aid Streets,and Non-Collector and Non-Municipal State Aid Streets,which shall be defined as follows: A. Collector and Municipal State Aid Streets: Collector streets are those streets which have an average daily traffic count of 2,000 or-more vehicles per day.Municipal State Aid Streets are those streets within the City on the Minmesota Department of Transportation Municipal State Aid System. B. Non-Collector and Non-Municipal State Aid Streets: All streets other than Collector or Municipal State Aid Streets. Subd. 6. COLLECTOR AND MUNICIPAL STATE AID STREETS.All street., storm sewer, and sidewalk reconstruction improvements on collector or Municipal State Aid streets shall be constructed to Minnesota Department of Transportation State Aid standards.For reconstruction or rehabilitation of Collector Streets or State Aid Streets,a presumption will be made that 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The estimated project cost will be prepared by the Public Works Director and based on the low bids received for the improvement construction. However,the Public Works Director may order an opinion of special benefit if the Public Works Director questions whether 25%of the estimated project cost of the ordered street, storm sewer and sidewalk improvements may exceed special benefit, or if the property owner(s) to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. The division of 25%of the estimated project costs shall be . based on abutting frontage except as follows: A. Corner Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and twenty five percent of the long side of the lot.The City shall pay the remaining seventy five percent of the assessment on the long side of the corner lot. (2) For corner lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For comer lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. (4) For corner lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular,as in the case of curvilinear streets or cul-de-sacs,a per lot assessment basis may be used in lieu.of the formulas in this section. -The funds for the City's participation as described above for Municipal State Aid streets shall come from State Aid Funds,if available.Funding for the City's participation for Collector streets shall come from the assumption of that portion of the improvement bond Subd. 7.NON-COLLECTOR AND NON-MUNICIPAL STATE AID STREETS. All street, storm sewer,.and sidewalk reconstruction or rehabilitation improvements of non- Collector Streets or non-Municipal State Aid Streets shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed improvements. Properties benefitting from the street, storm sewer, and sidewalk improvements shall be assessed based on abutting frontage except as follows: A. Comer Lot Assessments. (1) For corner lots with improvements along more than one side of abutting frontage,the assessed frontage shall be considered the entire length of the short side and twenty five percent of the long side of the lot. The City shall pay the remaining seventy five percent of the assessment on the long side of the corner lot. (2) For corner lots with improvements along the abutting frontage of the long side,the assessment shall be twenty five percent of the abutting frontage with the City paying the assessment on the remaining seventy five percent of the abutting frontage. (3) For corner lots with improvements along the abutting frontage of the short side,the assessment shall be 100%of the abutting frontage. (4) For corner lots with two or more sides of equal length the short side frontage shall be defined as the side on which the house fronts or will front. B. Irregular Shaped Lots. For lots whose shapes are irregular, as in the case of curvilinear streets or cul-de-sacs, a per lot assessment basis may be used in lieu of the formulas in this section. - Subd. 8. SIDEWALK IlOROVEMENTS. All sidewalks shall be constructed a minimum of five feet in width. In general,where sidewalks are to be constructed in new developments,the sidewalks should be constructed one foot off the property line.Where sidewalks are to be constructed within existing developments,the walks should be constructed at least fifteen feet from existing homes. However,except in commercial or industrial areas,all sidewalks shall be constructed with a minimum five foot boulevard. Subd. 9. SIDEWALK ASSESSMENTS. Where sidewalk improvements are -� constructed aspart of a street and/or utility improvement project, assessments for sidewalks shall be included.with street and/or utility assessments as one combined project cost. Assessment credit shall be given for properties whose existing sidewalk is in good condition and does not need to be replaced as determined by the Public Works Director. The sidewalk assessment credit shall be determined by the Public Works Director and based on the project sidewalk construction costs. Assessments for sidewalks constructed as a stand alone project shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed'sidewalk. Corner lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd. 10. TRUNK STORM SEWER RVIPROVEMENTS. The assessment policy for trunk storm sewers shall be based on benefitted area. All lots contributing storm water runoff to the trunk storm sewer shall be assessed in the same proportion each lot has to the total area contributing storm water runoff to the trunk storm sewer. Subd. 11.LATERAL STORM SEWER IMPROVEMENTS. Where lateral storm sewer improvements are constructed as part of a street and/or utility improvement project, assessments for storm sewer shall be included with street and/or utility assessments as one combined project cost. Assessments for storm sewer constructed as a stand alone project shall be assessed on a front foot basis at a rate determined by the Public Works Director. The front foot assessment rate shall be based on 90%of the estimated special benefit to the assessed properties accruing from the constructed storm sewer. Comer lots and irregular shaped lots shall be assessed as described previously in Subdivision 7 of this Section. Subd, 12.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions,the City reserves the right to levy an assessment for an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance No. 171, Second Series Effective Date: 1-24-85 Source: Ordinance No. 222;Second Series Effective Date: 5-14-87 Source: Ordinance No. 332, Second Series Entire Section 6.20 repealed and a new Section 6.20 adopted Effective Date: 3-18-93 (Sections 6.21 through 6.98,inclusive,reserved for future expansion). SEC. 12.31 Sanitary Sewer,Watermain,and Utility Service Improvement, Special Assessment Policy.- (Assessment Policy for street improvements such as street,storm sewer and sidewalks, can be found in Chapter 6, Section 6.20.) Subd. 1. GENERAL: Sanitary sewer,watermain,and utility service improvements shall be assessed as one combined project cost with street, sidewalk and storm sewer improvements based on estimated benefit of the improvements to the property assessed. Benefit shall be defined as the increase in property value attributable to the public improvements: Subd 2. DETERMINATION OF BENEFIT: The estimated benefit of the public improvements shall be determined by the Public Works Director, subject to approval by the City Council,and based on an opinion of special benefit for a typical property prepared by a Certified General Real Estate Appraiser. Subd.3. SANITARY SEWER,WATERMAIN,AND UTILITY SERVICE IMPROVEMENTS. Assessments for the construction of sanitary sewer lines greater than 10 inches in diameter shall be on the basis of an equivalent 10 inch diameter sanitary sewer. The additional cost for installing sanitary sewer lines greater than 10 inches in diameter shall be paid by the City. Assessments for the construction of watermains greater than 8 inches in diameter shall be on the basis of an equivalent 8 inch diameter watermain.The additional cost for installing watermains greater than 8 inches in diameter shall be paid by the City. The cost of replacing or repairing existing sanitary lines shall not be assessed against abutting property owners but shall be funded by the City's Waste Water Fund. The cost of replacing or repairing existing watermains shall not be assessed against abutting property owners but shall be funded by the City's Water Fund. A presumption will be made for new sanitary sewer,watermain and utility service it _,.::�.•• construction that the project cost of the ordered improvements divided among the improved properties will be less than or equal to the special benefit of the improvements to the properties being assessed. The project cost shall reflect the maximum equivalent costs of a 10 inch diameter sanitary sewer and 8 inch diameter watermain as listed above. The Public Works Director may order an opinion of special benefit if the Public Works Director questions whether the project cost may exceed special benefit,or if the property owner(s)to be assessed request(s) an opinion of special benefit and the City Council orders the opinion of special benefit to be performed. A per lot assessment basis shall be used for new sanitary sewer,watermain or utility service improvements, except where inconsistencies in lot size, frontage and/or development densities exist,in which case assessments based on abutting frontage may be used.In general, there should be no City participation for new sanitary sewer,watermain or utility service improvements except for large sanitary sewer or watermains, as listed above. Subd. 4.UTILITY SERVICE REPLACEMENTS. When replacing existing functional =t utility service lines within the street righi of way as part of an improvement project, a presumption will be made that the special benefit accrued by the serviced property will equal 50%of the service replacement project cost. The City shall pay the remaining fifty percent of the replacement cost of the utility service lines. Subd. 5.UNUSUAL CONDITIONS. This assessment policy is intended to set guidelines for assessing improvements and yet to be general and flexible enough so that the most logical method may be chosen to fit individual circumstances. To meet extreme or unusual conditions, the City reserves the right to levy an assessment or an improvement in a manner not outlined in this policy without affecting or negating any portion of this policy for use in normal conditions. Source: Ordinance 332, Second Series(Sec. 12.31) Effective bate: 3-18-93 This ordinance shall become effective upon passage and seven days after publication. ADOPTED BY THE CITY COUNCIL OF HASTINGS,MRMSOTA,THIS 4'h DAY OF SEPTEMBER,2001. Ayes: Nays: Michael D. Werner,Mayor ATTEST: Melanie Mesko, City Clerk (Seal) VII-3 Mem ® VIII-B-1 To: Mayor Werner and City Council From: Kris Jenson Date: August 29, 2001 Subject: Public Hearing- Chapter 10, Section 10.08 - Sign Ordinance City Staff have been working on revising the existing sign ordinances.The purpose of this ordinance is to improve the aesthetics appearances of signage within the City of Hastings. Several other Twin City area communities have adopted similar ordinances to apply to their existing business areas. Perhaps the most notable in this area is West St. Paul, in the area of Robert Street, which is a commercial area comparable to Hwy 61Nermillion Street in Hastings. Background Information: City staff recognizes that signs are an integral advertisement tool for most businesses, but they are also a major source of visual pollution in commercial areas. A well maintained site with good landscaping, good building design, and an attractive sign is a very effective advertisement tool. The following sign changes are being proposed for the Hastings sign ordinance. The changes are based on staff research of other communities and sign resources and through planning workshops with the Hastings Planning Commission. These ordinance revisions would apply to all new development and existing developments when they replaced their existing signs. City staff will be proposing an incentive program to work with existing businesses to replace their non-conforming signs. Major Sign Ordinance Revisions 1. Most businesses would be allowed one monument sign per street frontage,not to exceed 50 sq ft in size or 6 ft in height. 2. Shopping centers along Vermillion Street would be allowed one area identification monument sign per street frontage,of which the primary sign could not to exceed 100 sq ft in size or 10 ft in height. Shopping Centers along Hwy 55 would be permitted one area identification sign per street frontage, of which the primary sign could not exceed 100 square feet in size or 20 feet in height. 1 3. Wall signage will be limited to 5%of the wall area or 40 sq ft in size, whichever is greater. Other revisions include the prohibition of off-premise signs and requiring directional signs to have a sign permit and be reviewed by the Planning Department. The major issue with ordinance revisions is that everyone is treated fairly. Existing businesses would not have to replace their existing signs,unless they were damaged or are proposed to be replaced with new signs. City staff are proposing these changes to increase the vitality and appearance of commercial areas. These changes will not only appeal to the larger residential community,but will also enhance commercial areas of the community. Planning Commission recommendation: The Planning Commission held a public hearing on August IY% 2001, at which they received no public comment. The Planning Commission unanimously recommended approval of the ordinance changes. Planning Committee recommendation: The Planning Committee met on August 28th, 2001 and recommended the addition of language to clarify that replacement of face plates in signs is classified as maintenance and may be done without requiring the actual sign structure to be upgraded.This language has been added under Section 10.06 Subd. 6 Nonconforming and Illegal Signs. Recommendation: Recommendation to approve the ordinance amending Chapter 10 Land Use Regulations,Section 10.02 Definitions and Section 10.06 Sign Ordinance. 2_ SECTION 10.02. DEFINITIONS. The following terms, as used in this Chapter, shall have the meaning stated: Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni- directional antennas, such as whip antennas. Bed and breakfast: An owner or manager occupied dwelling in which a room or rooms are rented on a nightly basis for periods of less than a week. Meals may or may not be provided. Bed and breakfast unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Buildable area: The portion of a lot remaining after required yards have been provided. Commercial wireless telecommunications service: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enchanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Conversion: The converting of any one-family dwelling to a multiple-family dwelling. "Downtown" Overlay District: That area zoned C-3 bounded by the Mississippi River to the North, 4th Street to the South, Bailly Street to the East, and Eddy Street to the West. Drive-in restaurant or refreshment stand: Any place or premises used for sale, dispensing, or servicing of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on site. Dwelling, multiple-family: A residential building designed for two or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single family: A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. Dwelling, two-family: A detached residential dwelling building containing two dwelling units. Dwelling unit: A building or portion thereof constituting a independent housekeeping establishment for owner occupancy, rental or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities. Family: A group of individuals living under one roof. Home occupation: An occupation conducted in a dwelling unit. Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries. Lot: A separate parcel, tract, or area of land undivided by any public street or approved private road, established by plat, metes and bounds subdivision, or as otherwise permitted by law, and occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilitized for a principal use and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this Ordinance for such building, use or development. Lot-corner(corner lot): A lot at the intersection of two or more streets. Lot frontage: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sizes of a lot next to streets shall be considered frontage, and yards shall be provided as indicated under"yards" in this Section. Lot-interior(interior lot): A lot other than a corner lot with only one frontage on a street. Lot measurement: The depth of a lot shall be considered the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.Width of a lot shall be considered the distance between straight lines connecting the front lot width at setback. Lot of record: A lot that is part of a plat recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds, the description of that has been so recorded. Lot-through (through lot): A lot other than a corner lot with frontage on more than one street. Manufactured Home (Mobile Home): A single family detached housing built to the National Manufactured Housing Construction and Safety Standards Act of 1974 or as may be amended. Measured distances: That all distances expressed in feet shall be to the nearest tenth of a foot. Motor vehicle impound lot: A facility for the temporary storage of motor vehicles, as defined by Minnesota Statutes Chapter 169. This definition does not include the storage of motor vehicles for,salvaging, repairing, stripping, dismantling, sales or storage beyond time limits provided by ordinance. Principle Structure: A structure in which is conducted the primary use of the lot. Public Utility: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, personal wireless service shall not be considered public utility uses, and are defined separately. Public Safety Telecommunications Services: Licensed telecommunications systems used by local governments and all other public and private entities eligible under Part 90 of the FCC rules for public safety purposes including police, fire, emergency medical, highway maintenance, and forestry conservation radio service. Residential Care Facility- Dependent: A residential facility licensed in accordance with Minnesota Rules Chapter 4655.0100, Subpart 8 now in effect, or as may be amended in the future, and used to provide full dependent care for aged or infirm persons who require nursing care and related services. Residential Care Facility- Semi-independent: A state licensed residential facility for aged and/or disabled persons within which provides only personal or custodial care. Residential Senior Facility- independent: A residential facility in which at least one resident per dwelling unit is 55 or older. The dwelling units must be self- contained and physically accessible to aged persons. Roof Line: That line in which an exterior wall surface of a building structure departs from a vertical plane. Senior/Disabled Citizen Dwelling Unit: Is defined pursuant to Section 10.12, Subd. 313(1). Service Station: A retail station for servicing motor vehicles especially with gasoline, oil and other accessories. Shopping Center: A group of commercial retail establishments with multiple tenants that share parking and have a visual appearance as a contiguous structure that may or may not be planned, constructed or managed as a total entity. Sign: Any letter work, symbol, model, printed, projected or affixed device, poster, picture, reading matter, or other representation in the nature of an advertisement, announcement, direction or informative device including structural and compound parts that is located outdoors and is larger than one square foot in area. Banners: Attention getting devices that resemble flags and are of a paper, cloth or plastic like consistency. Construction Sign: Any sign that displays information regarding the construction or development of the site in which it is displayed. Directional Sign: A sign that serves primarily to direct traffic to the location of a place, area or activity. Flag: A rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a nation), signaling device (nautical), or attention getting device (advertising). Freestanding Sign: A sign that is self supporting and affixed to a frame structure, not attached to a building. Grade of Sign: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the sign and a line 10 feet from the sign. Sign Height: The height of a sign shall be measured from the grade of the sign. Identification Sign: A sign that displays only the name, address and title of an occupant or the name and address of a building or development. Sign Illumination: A light source within or directed at the sign. Monument Sign: any freestanding sign with it's sign face mounted on the ground or mounted on a base at least as wide as the sign. Non-conforming Sign: Any sign that does not conform to the regulations of this ordinance. Off-Premise Sign: Any sign which advertises anything other than the business located on the same lot. Permanent Sign: Any sign other than a temporary sign. Portable Sign: A sign so designed as to be movable from one location to another that is not permanently attached to the ground, sales display device or structure. Projecting Sign: Any sign affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit. Public Sign: Any sign display intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions, news, etc. This does not include any information that would be related to the products or services at the display site. Real Estate Sign: Any sign about the sale, lease or rental of land or buildings. Roof Line: That line at which an exterior wall surface of a building structure departs from a vertical plane. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Shopping Center Area Identification Sign: A freestanding sign used to identify single tenant or multi-tenant buildings. Sign Area: That area within the marginal lines or extreme outside edge of the surface that bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area included in the smallest rectangle that can be made to circumscribe any message, figure or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area. Temporary Sign: Any sign used only temporarily and is not permanently mounted. Traffic Sign: A sign erected by a governmental agency for guiding vehicular traffic and providing information to motorists. Wall Sign: A sign affixed to the exterior wall, mansard roof or soffit of a building that is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, or extend beyond the top of the parapet wall. Special use: A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety and welfare. Special uses may be permitted in a zoning district if specific provision for such special uses is made in this Zoning Ordinance. Street right-of-way: The line dividing privately owned property from property dedicated or conveyed for public use. Structure: Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, manufactured homes and fences. Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Tower. Multi-User: A tower designed for the antennas of more than one commercial wireless telecommunications service provider or governmental agency. Tower, Single-User: A tower designed for only the antennas of a single user. Travel trailer: A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes. Variance: A modification from the literal requirements of this ordinance. Yard: A required open space on a lot adjoining a lot line, containing only landscaping or other uses and structures provided by this zoning ordinance. Yard, front: A yard extending along the full width of a front line between side lot lines and from the front lot line to the front building line in depth. Yard side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or without either a front or rear yards, to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot. Yard. rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. Yard, special: A yard behind any required yard next to a public street, required to perform the same functions as a side or rear yard, but next to a lot line so placed or oriented that neither the term "side" nor"rear" yard clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district,determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures areas thereon. Zero.lot line: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line. Source: Ordinance No. 417, Second Series Effective Date: October 20, 1997 SECTION 10.08 SIGN ORDINANCE SUBD. 1. GENERAL PROVISIONS. a. Purpose: The purpose of these provisions is to: 1. Establish standards that would permit businesses in the city a reasonable and equitable opportunity to advertise. 2. Preserve and promote civic beauty and not allow signs that would detract from this purpose because of unusual size, shape, height, location, condition or illumination. 3. Insure that signs shall not create a safety hazard. 4. Preserve and protect the value of land and buildings and also preserve and protect landscapes. b. Definitions: See Section 10.02 (DEFINITIONS). c. General: The following are minimum requirements: 1. All signs shall be erected or installed according to state building and electrical codes. Furthermore, all electrical signs shall require underground wiring. 2. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris, bushes, high grass/weeds or anything else that would be a nuisance. 3. Address signs that are clearly legible from the street which access is gained shall be required for each principal structure, except in nonsewered areas where addresses shall be affixed and visible from both sides of the mailbox and/or a separate structure visible from the access or street. 4. Illuminated signs shall be designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. 5. Except as otherwise regulated herein, the minimum setback from property lines for all signs may be zero feet provided that no portion of the sign extends into public right of way. 6. Signs permitted by this section shall be designed and constructed to resist wind and seismic forces as specified in the 1982 Uniform Sign Code. 7. Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section, the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. 8. Portable signs are allowed in all commercial districts, except within the Downtown Overlay District, in addition to permanent signs, only by temporary permit issued by the Community Development Division according to provisions established under Subdivision 5 of this Section. Portable signs may not exceed 32 square feet in size or six feet in height. The length of permits for portable signs shall be either 15 or 30 days. Permits for portable signs may be obtained for no more than 60 days per legal parcel per year. Only one portable sign per legal parcel may be permitted at a time. Portable signs may not be situated within any public street right-of-way or easement. Temporary sign permit fees shall be established by resolution of City Council. SUBD 2. PROHIBITED SIGNS AND SIGN STRUCTURES. a. No sign shall be located within or over a public right of way unless otherwise specifically permitted by this section or the City Council. b. No illuminated flashing or revolving signs shall be permitted except movie theaters, time and temperature provided such signs are designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. Furthermore, movie theaters with illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and shall not be operated between midnight and 6:00 a.m. c. No sign shall be erected or maintained in a way that obstructs, obscure or otherwise physically interfere with an official traffic sign, signal/device or driver's view of approaching, merging or intersecting traffic. d. No sign shall be erected or maintained which imitates or resembles any 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 fire escapes. h. No sign shall be supported by guy wires. L 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. No off.-premise signs permitted. k. Any sign not expressly permitted by the provisions of Section 10.08. 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. Genvenient FnanneF, provided the i_ ot adveFt*se OF, list the name of a d. Election/campaign signs on private property provided such signs are posted no sooner than 100 days before a city, school, county, state or federal election and removed within 10 days following an election. No election signs shall be affixed to utility poles. e. 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. f. Open house signs no larger than five square feet that state that a particular home, commercial, industrial or public institutional structure will be open for public inspection for a limited number of hours on a specific day. Said signs may be placed in the city boulevard area on the same day of the open house and only during the open house. g. 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. h. 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. L Name plate signs displaying only the name or address of the owner not to exceed two square feet. j. 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. k. No trespass/no hunting and similar signs not to exceed two square feet in size may be placed on private property. I. Ribbons, banners, pennants, and similar devices are allowed in commercial, industrial and public institution districts. Such devices are intended to be temporary and if they become torn, discolored or in any way damaged to modify their original appearance, said devices shalt be removed. m Temporary holiday signs or displays relating noncommercial messages associated with national, state or local holidays or festivals. n. One temporary seasonal farm products sales sign not to exceed 32 square feet in size. o. Flags or insignia of any government. SUBD 4. SIGNS REQUIRING A PERMIT. a. "A "R" and "P-I" Districts: 1. One monument identification sign not to exceed 50 square feet in size or five feet in height for residential developments with six or more single family or multiple family dwelling units. 2. One monument identification sign not to exceed 50 square feet in size or five feet in height for each church, public or parochial school, hospital and residential care facility. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. b. C-1 and 0-1 Districts: 1. One free standing monument sign for each principal structure or legal parcel, whichever is more restrictive, not to exceed 50 square feet in size or 29 6 feet in height. 2. Wall signs n9t to exGeed 10 perGent of the wall area that the sign(s) is to be placed Wall Canopy, or Marquee. Total sign area on any one side of a building may not exceed five percent (5%) of the building fagade on which the sign is erected or forty(40) square feet whichever is greater. Sign height shall not exceed the top of the parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. c. C-2 District: 1. One free sta;dir g monument sign for each principle structure or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not to exceed 400 50 square feet in size or 28 6 feet in height. 2. Additional #ee—s r1i^^ monument signs permitted for Automobile Dealerships: L One ffeectanding monument sign not to exceed 480 50 square feet or 28 6 feet in height for advertisement of sale of preowned automobiles. ii. One freestanding monument sign not to exceed 480 50 square feet or 20 6 feet in height for each additional new automobile product line (automobile make) sold on the premises. 3. Wall signs not to exGeed 20 pement of the wall aFea that the sign(s) is to be glared--Wall, Canopy, or Marquee. Total sign area on any one side of a building may not exceed five percent (5%) of the building fagade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of the parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. d, C-3-am-G-4 aP -G4 Districts: 1. One fFee standing sign feF eaGh pOnGipal StFUGtuFe, unified development GF legal paFGel, whirhev �estftfive, not to exGeed 100 square feet p �Ia or 20 feet in height evnent the "R' ewn u n Oveday PStftt and evnen} 77iTi Q �ni�+/�v�.. tVYPT�PVTIL�'-VI.Z.RT ,Q�Ri'fQ�raJCQi.�7T buildings oder 20,000 sq aFe feet in cite 2.-Wall-signs-not to ex-Geed 20 neF6erof all aFea that the sign(s) is to h e 3. One fFee standing SigR fGF eaGh building eyeF 20,000 squaFe feet in size not +n evneed 126 cq aFe feet in cite or 20 feet in height e 000 squaFe feet in size not to evneed 160 squaFe feet in size or 20 feet in height 4. 109,000 squaFe feet not to evoeer- 1�50ft-flsize or 30 feet in height that W,,,a# ick ohly, not advertise the businesses therein e�'i—und may irsnlf1e n+o fog F(4) businesses ines es Yn e nenvener n Athithe hppig t , 1. Single Occupant Building A. One monument sign for each principal structure, 'unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. B Wall Canopy, or Marquee — Total sign area on any side of a building may not exceed five (5) percent of the building facade on which the sign is erected or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wail, sign height shall not exceed height of eaves. 2. Multiple Occupant Building - A Area identification. One (1) monument sign may be erected on a lot. The sign shall not exceed one hundred (100) square feet in area nor be higher than ten (10) feet. Monument signs may include the name of the development and ug to four(4) tenants of the development. B Occupant Identification. Sign area may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet whichever is greater. For purposes of calculating area, the building itself shall be used. The building facade of the leasehold shall not include the area of any canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one (1) foot from the leasehold boundary. Il. Sign height shall not exceed the top of parapet wall or, of there is no parapet wall, sign height shall not exceed height of eaves. 3. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted, provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location of directional signs will be determined through sign permit review. e. C-4 Districts 1. Single Occupant Building A. Under 100,000 square feet - One monument sign for each principal _ structure unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. C. Over 100.000 square feet — One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed seventy-five (75) square feet in area per sign with a maximum height of fifteen (15) feet and a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. B. Wall Canopy, or Marquee — Total sign area on any side of a building may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 2. Multiple Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed one hundred (100) square feet in area per sign with a maximum height of twenty (20) feet, and a secondary street frontage sign shall not exceed fifty (50) square feet in area per sign with a maximum height of six (6) feet. Monument signs may include the name of the development and up to four (4) tenants of the development. B. Occupant Identification. Sign area may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. For purposes of calculating area, the building itself shall be used. The building fagade of the leasehold shall not include the area of any canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one (1) foot from the leasehold boundary. 11. Sign height shall not exceed the top of parapet wall or, of there is no parapet wall, sign height shall not exceed height of eaves. 3. Movie theatres. The primary wall sign may not exceed ten (10) percent of the building facade on which the sign is erected. Secondary signs on the other building facades may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. 4. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location of directional signs will be determined through sign permit review. e. 1-1 and 1-2 Districts: 1. One frec�e + „g monument sign for each principal structure or legal parcel, whichever is more restrictive, not to exceed 48A 50 square feet in size and 2A 6 feet in height. 2. -'--$i- set-to exGeed 20 per-Gent of the wall area that the siyn(n)-ta be placed:Wall, Canopy, or Marquee —Total sign area on any side of a building may not exceed five (5) percent of the building facade on which the sign is erected, or forty (40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 3. On-site directional signs for directing vehicular or pedestrian traffic in a safe and convenient manner are permitted provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location will be determined through sign permit review. f. "Downtown" Overlay District: 1. The "Downtown" Overlay District as established in this ordinance has a unique and historic character. Downtown Hastings is a remarkably intact and compact example of commercial architecture from the 1860's to the 1920's. This historic character is considered an important asset of "Downtown" and, therefore, it is the intent of the Sign Section that this character be preserved. To accomplish this objective all permanent signage within the "Downtown" Overlay District 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: c. 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. d. 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. e. 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. f. Plastic, aluminum and black 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. g. Signage shall be permitted on canvas or treated cloth awnings where they are compatible with the age of the building and character of"Downtown". h. Proiectinq signs are permitted within the East 2nd Street Historic District upon approval of the Heritage Preservation Commission. The siqns must conform with the followinq: 1. Minimum height above grade is eight (8) feet. Maximum height above grade is 11' for the sign, and 12' for the bracket. 2. Sign may not project more than two and one-half (2.5) feet from the face of the building. 3. Total siqn face may not exceed six (6) square feet. 4. Materials must be wood and/or metal. Plastic signs are not permitted 5. Proiectinq signs may not be lit, internally or externally. 6. Plans must be submitted to show how the sign will be anchored to the building and masonrv. 7. Only one projecting sign permitted per business or building, 8. Signs must be advertising a specific business name not a generic product. 9. The sign area of the proiecting sign comes off the total signage allowed for the building under the Downtown Overlay District requirements. PICTURE GOES HERE 2. All signs to be constructed within the "Downtown" Overlay District on properties that are designated as Heritage Preservation Sites or are in a Historic District are subject to approval by the Heritage Preservation Commission. 3. Freestanding signs are prohibited in the "Downtown" Overlay District. 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. 1. Sign applications are available from the Community Development Division. The applicant shall include sign dimensions, height, colors, construction materials, method of anchoring, content, and location. A sketch or photograph of the proposed sign is required and a site plan that adequately illustrates the location of the sign. In addition, the application shall include the location and size of all other signs at the subject property/development. 2. Once a completed sign application is filed with the Community Development Division, staff shall review the plans and specifications for the proposed sign(s). If the proposed sign(s) meets ordinance requirements, the building code and all other laws and ordinances of the City, a sign permit will be approved. 3. The required fee as established by resolution of the City Council shall be paid to the City before issuance of a sign permit. SUBD 6. NONCONFORMING AND ILLEGAL SIGNS. a. Any sign legally existing on the effective date of this ordinance that does not conform to the requirements set forth in this ordinance shall become a nonconforming use and/or structure. Except as otherwise provided in this section, nonconforming signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance. Furthermore, nonconforming signs are subject to the provisions contained at Section 10.06. b. Any sign that is violation of this ordinance shall be removed or altered to comply with this section. c. Maintenance of existing signs, including the replacement of faceplates of the same size, shall be permitted on non-conforming signs. ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS,MINNESOTA AMENDING CHAPTER 10 LAND USE REGULATIONS OF THE HASTINGS CITY CODE HAVING TO DO WITH: SEC. 10.02 DEFINITIONS AND SEC. 10.06 SIGN ORDINANCE BE IT ORDAINED by the City Council of the City of Hastings as follows: SEC. 10.02 DEFINITIONS AND SEC 10.06 SIGN ORDINANCE of the Hastings City code is amended by adding following text: SECTION 10.02.DEFINITIONS. The following terms, as used in this Chapter, shall have the meaning stated: Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to,the principal use or structure. Antenna: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. . Bed and breakfast: An owner or manager occupied dwelling in which a room or rooms are rented on a nightly basis for periods of less than a week. Meals may or may not be provided. Bed and breakfast unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping,but not for cooking or eating purposes. Buildable area: The portion of a lot remaining after required yards have been provided. Commercial wireless telecommunications service: Licensed commercial wireless telecommunication services including cellular,personal communication services(PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),paging, and 1 similar services that are marketed to the general public. Conversion: The converting of any one-family dwelling to a multiple-family dwelling. "Downtown" Overlay District: That area zoned C-3 bounded by the Mississippi River to the North,4th Street to the South,Bailly Street to the East, and Eddy Street to the West. Drive-in restaurant or refreshment stand: Any place or premises used for sale, dispensing, or servicing of food,refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food,refreshments or beverages on site. Dwelling,multiple-family A residential building designed for two or more families,with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single family A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. Dwelling, two-family: A detached residential dwelling building containing two dwelling units. Dwelling unit: A building or portion thereof constituting a independent housekeeping establishment for owner occupancy,rental or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities. Family: A group of individuals living under one roof. Home occupation: An occupation conducted in a dwelling unit. Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries. Lot: A separate parcel,tract, or area of land undivided by any public street or approved private road, established by plat,metes and bounds subdivision, or as otherwise permitted by law, and occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilitized for a principal use and uses accessory 2 thereto, including such open spaces and yards as are designed and arranged or required by this Ordinance for such building,use or development. Lot-corner(corner loth A lot at the intersection of two or more streets. Lot frontage: The front of a lot shall be construed to be the portion nearest the street. For the- purposes hepurposes of determining yard requirements on corner lots and through lots, all sizes of a lot next to streets shall be considered frontage, and yards shall be provided as indicated under"yards" in this Section. Lot-interior(interior loth A lot other than a corner lot with only one frontage on a street. Lot measurement: The depth of a lot shall be considered the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Width of a lot shall be considered the distance between straight lines connecting the front lot width at setback. Lot of record: A lot that is part of a plat recorded in the office of the County Register of Deeds, or a lot or parcel described by metes and bounds,the description of that has been so recorded. Lot-through(!Dough lotj A lot other than a corner lot with frontage on more than one street. Manufactured Home(Mobile Homed A single family detached housing built to the National Manufactured Housing Construction and Safety Standards Act of 1974 or as may be amended. Measured distances: That all distances expressed in feet shall be to the nearest tenth of a foot. Motor vehicle impound lot: A facility for the temporary storage of motor vehicles, as defined by Minnesota Statutes Chapter 169. This definition does not include the storage of motor vehicles for salvaging,repairing, stripping, dismantling, sales or storage beyond time limits provided by ordinance. Principle Structure: A structure in which is conducted the primary use of the lot. Public Utility: Persons, corporations,or governments supplying gas, electric,transportation, 3 water, sewer, or land line telephone service to the general public.For the purpose of this ordinance,personal wireless service shall not be considered public utility uses, and are defined separately. Public Safety Telecommunications Services: Licensed telecommunications systems used by local governments and all other public and private entities eligible under Part 90 of the FCC rules for public safety purposes including police, fire, emergency medical,highway maintenance, and forestry conservation radio service. Residential Care Facility-Dependent: A residential facility licensed in accordance with Minnesota Rules Chapter 4655.0100, Subpart 8 now in effect, or as may be amended in the future, and used to provide full dependent care for aged or infirm persons who require nursing care and related services. Residential Care Facility- Semi-independent: A state licensed residential facility for aged and/or disabled persons within which provides only personal or custodial care. Residential Senior Facility-independent: A residential facility in which at least one resident per dwelling unit is 55 or older. The dwelling units must be self-contained and physically accessible to aged persons. Roof Line: That line in which an exterior wall surface of a building structure departs from a vertical plane. Senior/Disabled Citizen Dwelling Is defined pursuant to Section 10.12, Subd. 3B(1). Service Station: A retail station for servicing motor vehicles especially with gasoline, oil and other accessories. Shopping Center: A group of commercial retail establishments with multiple tenants that share parking and have a visual appearance as a contiguous structure that may or may not be planned, constructed or managed as a total entity. Sign_ Any letter work, symbol,model,printed,projected or affixed device,poster,picture, reading matter, or other representation in the nature of an advertisement, announcement, 4 direction or informative device including structural and compound parts that is located outdoors and is larger than one square foot in area. Banners: Attention getting devices that resemble flags and are of a paper, cloth or plastic like consistency. Construction Sign:Any sign that displays information regarding the construction or development of the site in which it is displayed. Directional Sign: A sign that serves primarily to direct traffic to the location of a place, area or activity. Flag: A rectangular piece of fabric of distinctive design mounted on a pole used as a symbol (as a nation), signaling device(nautical), or attention getting device(advertising). Freestanding_Sign: A sign that is self supporting and affixed to a frame structure,not attached to a building. Grade of Sign: The lowest point of elevation of the fmished surface of the ground,paving or sidewalk within the area between the sign and a line 10 feet from the sign. Sign Height: The height of a sign shall be measured from the grade of the sign. Identification Sign: A sign that displays only the name, address and title of an occupant or the name and address of a building or,development. Sign Illumination: A light source within or directed at the sign. Monument Sign: freestanding sign with it's sign face mounted on the ground or mounted on a base at least as wide as the sign. Non-conforming Sigma Any sign that does not conform to the regulations of this ordinance. Off-Premise Sign: Ansign which advertises anping other than the business located on the same lot. 5 Permanent Sign: Any sign other than a temporary sign. Portable Sign: A sign so designed as to be movable from one location to another that is not permanently attached to the ground, sales display device or structure. Projecting Sign:ig_Any sign affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit. Public Sign: Any sign display intended primarily to promote items of general interest to the community such as time, temperature, date, atmospheric conditions,news, etc. This does not include any information that would be related to the products or services at the display site. Real Estate Sign: Any sign about the sale, lease or rental of land or buildings. Roof Line: That line at which an exterior wall surface of a building structure departs from a vertical plane. Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Shopping Center Area Identification Sign: A freestanding sign used to identify single tenant or multi-tenant buildings. Sim That area within the marginal lines or extreme outside edge of the surface that bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area included in the smallest rectangle that can be made to circumscribe any message,figure or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area. Temporar, &M Any sign used only temporarily and is not permanently mounted. Traffic Sign: A sign erected by a governmental agency for guiding vehicular traffic and providing information to motorists. 6 Wall Si n: A sign affixed to the exterior wall,mansard roof or soffit of a building that is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, or extend beyond the top of the parapet wall. Special use: A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety and welfare. Special uses may be permitted in a zoning district if specific provision for such special uses is made in this Zoning Ordinance. Street right-of-wa : The line dividing privately owned property from property dedicated or conveyed for public use. Structure: Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings,manufactured homes and fences. Tower: Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables,wires,braces,masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Tower.Multi-User: A tower designed for the antennas of more than one commercial wireless telecommunications service provider or governmental agency. Tower, Single-User: A tower designed for only the antennas of a single user. Travel trailer: A vehicular,portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes. Variance: A modification from the literal requirements of this ordinance. Yard: A required open space-on a lot adjoining a lot line, containing only landscaping or other uses and structures provided by this zoning ordinance. Yard, front: A yard extending along the full width of a front line between side lot lines and from the front lot line to the front building line in depth. 7 Yard side: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard,or without either a front or rear yards,to the front or rear lot lines. Side-yard width shall be measured at right angles to side lines of the lot. Yard,rear: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear-yard depth shall be measured at right angles to the rear line of the lot. Yard, special: A yard behind any required yard next to a public street,required to perform the same functions as a side or rear yard,but next to a lot line so placed or oriented that neither the term "side" nor"rear" yard clearly applies. In such cases,the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots,with due regard to the orientation and location of structures areas thereon. Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line. Source: Ordinance No. 417, Second Series Effective Date: October 20, 1997 SECTION 10.08 SIGN ORDINANCE SUBD. 1. GENERAL PROVISIONS. a. Purpose: The purpose of these provisions is to: 8 1. Establish standards that would permit businesses in the city a reasonable and equitable opportunity to advertise. 2. Preserve and promote civic beauty and not allow signs that would detract from this purpose because of unusual size, shape,height, location, condition or illumination. 3. Insure that signs shall not create a safety hazard. 4. Preserve and protect the value of land and buildings and also preserve and protect landscapes. b. Definitions: See Section 10.02 (DEFINITIONS). c. General: The following are minimum requirements: 1. All signs shall be erected or installed according to state building and electrical codes. Furthermore, all electrical signs shall require underground wiring. 2. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris,bushes,high grass/weeds or anything else that would be a nuisance. 3. Address signs that are clearly legible from the street which access is gained shall be required for each principal structure, except in nonsewered areas where addresses shall be affixed and visible from both sides of the mailbox and/or a separate structure visible from the access or street. 4. Illuminated signs shall be designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. 5. Except as otherwise regulated herein, the minimum setback from property lines for all signs may be zero feet provided that no portion of the sign extends into public right of way. 6. Signs permitted by this section shall be designed and constructed to resist wind and seismic forces as specified in the 1982 Uniform Sign Code. 7. Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section,the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or.freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. 8. Portable signs are allowed in all commercial districts, except within the Downtown Overlay District, in addition to permanent signs, only by temporary permit issued by the Community Development Division according to provisions established under Subdivision 5 of this Section. 9 Portable signs may not exceed 32 square feet in size or six feet in height.The length of permits for portable signs shall be either 15 or 30 days.Permits for portable signs may be obtained for no more than 60 days per legal parcel per year. Only one portable sign per legal parcel may be permitted at a time.Portable signs may not be situated within any public street right-of-way or easement. Temporary sign permit fees shall be established by resolution of City Council. SUBD 2. PROHIBITED SIGNS AND SIGN STRUCTURES. a. No sign shall be located within or over a public right of way unless otherwise specifically permitted by this section or the City Council. b. No illuminated flashing or revolving signs shall be permitted except movie theaters,time and temperature provided such signs are designed so as not to be obtrusive to adjacent property or to passing motorists on private or public right of ways. Furthermore, movie theaters with illuminated flashing or revolving signs shall use light bulbs that are 25 watts or less and shall not be operated between midnight and 6:00 a.m. c. No sign shall be erected or maintained in a way that obstructs,obscure or otherwise physically interfere with an official traffic sign,signal/device or driver's view of approaching,merging or intersecting traffic. d. No sign shall be erected.or maintained which imitates or resembles any 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 ofpaper,cardboard or similar material and attached directly to a building. g. No sign/structure shall be placed that will obstruct safe access to doors,windows or fire escapes. h. No sign shall be supported by guy wires. i. No sign shall be placed on a rooftop or project above the roof line when attached to a structure except as may be permitted by the City Council under Subd. 1, of this section. j. No off-premise signs permitted. k. Any sign not expressly permitted by the provisions of Section 10.08. 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. 10 direeting vel�ettlar or pedestrian tmffie itt a safe and eenyenietA mamer,provided the sign does d. Election/campaign signs on private property provided such signs are posted no sooner than 100 days before a city, school, county, state or federal election and removed within 10 days following an election.No election signs shall be affixed to utility poles. e. Real estate,lease and rental signs not more than 15 square feet for residentially zoned property and 32 square feet for nonresidentially zoned property provided only one sign per street frontage upon which the property to be sold or leased abuts. f. Open house signs no larger than five square feet that state that a particular home,commercial, industrial or public institutional structure will be open for public inspection for a limited number of hours on a specific day. Said signs maybe placed in the city boulevard area on the same day of the open house and only during the open house. g. 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. h. 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. i. Name plate signs displaying only the name or address of the owner not to exceed two square feet. j. 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. k. No trespass/no hunting and similar signs not to exceed two square feet in size may be placed on private property. 1. Ribbons, banners, pennants, and similar devices are allowed in commercial, industrial and public institution districts. Such devices are intended to be temporary and if they become torn, discolored or in any way damaged to modify their original appearance, said devices shall be removed. m Temporary holiday signs or displays relating noncommercial messages associated with national, 11 state or local holidays or festivals. n. One temporary seasonal farm products sales sign not to exceed 32 square feet in size. o. Flags or insignia of any government. SUBD 4. SIGNS REQUIRING A PERMIT. a. "A". "R" and"P-I" Districts: 1. One monument identification sign not to exceed 50 square feet in size or five feet in height for residential developments with six or more single family or multiple family dwelling units. 2. One monument identification sign not to exceed 50 square feet in size or five feet in height for each church,public or parochial school, hospital and residential care facility. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. b. C-1 and 0-1 Districts: 1. One free standiii g monument sign for each principal structure or legal parcel,whichever is more restrictive,not to exceed 50 square feet in size or-0 6 feet in height. 2. Wall, Canopy,or Marquee Total sign area on any one side of a building_may not exceed fiveeU rcent (5%) of the building faade on which the sign is erected, or forty 40) square feet,whichever is Qreater. Sign height shall not exceed the top of the parapet wall or,if there is no parapet wall, sip-n height shall not exceed height of eaves. c. C-2 District: 1. One freestandi-mg monument sign for each principle structure or legal parcel,whichever is more restrictive, however, lots adjacent to more than one street may have one (1) sign per street frontage. Sims shall not to exceed 400 50 square feet in size or 20 6 feet in height. 2. Additional free standing monument signs permitted for Automobile Dealerships: i. One Freestmiding monument sign not to exceed 400 50 square feet or 29 6 feet in height for advertisement of sale of preowned automobiles. ii. One freestan4ing monument sign not to exceed 4-00 50 square feet or-0 6 feet in height for each additional new automobile product line (automobile make) sold on the premises. 12 3• W-a4l signs riot to exeeed 219 pereent of the wa4l area that the sign(s) is to be . Wall, Canopy,or Marquee.Total sign area on any one side of a building may not exceed five percent (5% of the building fagade on which the sign is erected or forty(40)square feet whichever is greater.Sian height shall not exceed the top of the parapet wall or,if there is no parapet wall sign height shall not exceed height of eaves. d. C-3, ..- 5 Districts: - W-hiehever is more-treestrietive,not to emeeed 109 square f�et in size or 20 f�et in height emeept the "Dowritown" Over4ay Distriet, and exeeptbuildings ever 20,000 square feet A'.,,.ai/Ul- 2. WaR signs not to exeeed 29 pereent of the waH area that the sign(s) is to be plaeed emeept the 3. Gne free standing sign for eaeh building ever 29,900 square feet in size not to exeeed 125. square feet in size or 20 feet in leight. 4. ()ne free standing sign for eaeh building aver 30,000 square feet in size not to exeeed 159 square feet in size or 20 feet in height-. 3. E)ne area identifiestion sign per shopping eenter more than 100,000 square feet not to exeeed 150 square feet itt size or 3 0 feet in height that sha4l idert*the eenter,only,mt a&vertise businesses therein and may inelude tip to fiDur(4)businesses within the shopping eenter. 1. Single Occupant Building A. One monument sign for each principal structure, unified development or legal parcel whichever is more restrictive,however,lots adjacent to more than one street may have one (1) sign per street frontage. Signs shall not exceed fift(50) square feet in area per sign with a maximum height of six (6) feet. B. Wall,Canopy,or Marquee-Total sign area on any side of a building_may not exceed five (5)percent of the building facade on which the sign is erected or forty 40) square feet whichever is greater. Sign height shall not exceed the top of pKapet wall or, if there is no parapet wall, sign height shall not exceed height of eaves. 1. Multiple Occupant Building A. Area identification. One(1)monument sign may be erected on a lot. The sign_shall not exceed one hundred (100) square feet in area nor be higher than ten (10) feet. Monument signs may include the name of the development and W to four(4)tenants of .the development. 13 B. Occupant Identification. Sian area may not exceed five(5)percent of the building facade on which the sign is erected,or fogy L40) feet,whichever is greater.For purposes of calculating area,the building itself shall be used.The building fagade of the leasehold shall not include the area of an��y. I. Wall signs shall be erected within the leasehold and their width shall not extend to anv point less than one(1) foot from the leasehold boundary, II. Sign height shall not exceed the top of parapet wall or,of there is no parapet wall,sign height shall not exceed height of eaves. 3. On-Site Directional Signs.To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signspermitted,provided the sign does not exceed four(4) feet in height and two 2) square feet in size. The number and location of directional signs will be determined through sign permit review. c. C-4 Districts: 1. Single Occupant Building A. Under 100,000 square feet - One monument sign for each principal structure, unified development or legal parcel,whichever is more restrictive,however,lots adj acent to more than one street may have one(1)sign per street frontage. Signs shall not exceed fifty(50) square feet in area per sign with a maximum height of six 6) feet. B. Over 100,000 square feet — One monument sign for each principal structure, unified development or legal parcel,whichever is more restrictive,however,lots adjacent to more than one street may have one (1) sign per street frontage. Primary sign shall not exceed seven -five 751 square feet in area per sign with a maximum height of fifteen(15)feet, and a secondary street frontage sign shall not exceed fifty(50) square feet in area per sign with a maximum height of six(6) feet. C. Wall,Canopy,or Marquee—Total sign area on anv side of a building may not exceed five (5)percent of the building facade on which the sign is erected, or forty(40) square feet, whichever is greater. Sign height shall not exceed the top of parapet wall or,if there is no parapet wall, sign height shall not exceed height of eaves. 1. Multiple Occupant Building A. One monument sign for each principal structure, unified development or legal parcel, whichever is more restrictive,however, lots adjacent to more than one street may have one(1) sign per street frontage. Primary sign shall not exceed one hundred(100) square feet in area per sign with a maximum height of twenty(20) feet, and a secondar street treet 14 frontage siLyn shall not exceed fifty (50) square feet in area per sign with a maximum height of six(6)feet.Monument signs may include the name of the development and up to four(4) tenants of the development. B. Occupant Identification. Sign area may not exceed five(5)percent of the building_fagade on which the sign is erected,or forty(40)square feet,whichever is greater.For purposes of calculating area,the building itself shall be used. The building fagade of the leasehold shall not include the area of any canopy. I. Wall signs shall be erected within the leasehold and their width shall not extend to any point less than one(1) foot from the leasehold boundga., U. gign height shall not exceed the top of parapet wall or,of there is no parapet wall,sign height shall not exceed height of eaves. 1. 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 fagade on which the sign is erected, or forty (40)yuare feet, whichever is greater. 4. On-Site Directional Signs. To direct vehicular and pedestrian traffic in a safe and convenient manner, directional signs are permitted,provided the sign does not exceed four(4) feet in height and two 2) square feet in size. The number and location of directional signs will be determined through sign permit review. e. I-1 and I-2 Districts: 1. One free standing monument sign for each principal structure or legal parcel,whichever is more restrictive,not to exceed 4-69 50 square feet in size and 26 6 feet in height. 2. . Wall, Canopy,or Marquee—Total sign area on any side of a building may_not exceed five(5)percent of the building fagade on which the sign is erected, or forty_(40) square feet, whichever is greater. Signheight shall not exceed the top of parapet wall or,if there is no parapet wall, sign height shall not exceed height of eaves. 3. On-site directional signs for directing vehicular or pedestrian traffic in a safe and convenient manner are permitted provided the sign does not exceed four (4) feet in height and two (2) square feet in size. The number and location will be determined through sign permit review. £ "Downtown" Overlay District: 15 1. The"Downtown" Overlay District as established in this ordinance has a unique and historic character. Downtown Hastings is a remarkably intact and compact example of commercial architecture from the 1860's to the 1920's. This historic character is considered an important asset of"Downtown" and, therefore, it is the intent of the Sign Section that this character be preserved.To accomplish this objective all permanent signage within the"Downtown"Overlay District 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: c. 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. d. 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. e. 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. f. Plastic,aluminum and black 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. g. Signage shall be permitted on canvas or treated cloth awnings where they are compatible with the age of the building and character of"Downtown". h. Projecting signs ss are permitted within the East 2nd Street Historic District upon approval of the Heritage Preservation Commission. The signs must conform with the following: 1. Minimum height above grade is eight(8)feet.Maximum height above grade is 11' for the sign, and 12' for the bracket. 2. Sign may not project more than two and one-half(2.5)feet from the face of the building. 3. Total sign face may not exceed six(6) square feet. 4. Materials must be wood and/or metal. Plastic signs are not permitted. 5. Projecting signs may not be lit, internally or externally. 6. Plans must be submitted to show how the sign will be anchored to the building and masonry. 7. Only one projecting sign permitted per business or building. 16 8. Signs must be advertising a specific business name,nota enericrow 9. The sign area of the projecting sign comes off the total signage allowed for the building under the Downtown Overlay District requirements. PICTURE GOES HERE 2. All signs to be constructed within the "Downtown" Overlay District on properties that are designated as Heritage Preservation Sites or are in a Historic District are subject to approval by the Heritage Preservation Commission. 3. Freestanding signs are prohibited in the "Downtown" Overlay District. 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. 1. Sign applications are available from the Community Development Division. The applicant shall include sign dimensions,height,colors, construction materials,method of anchoring,content, and location. A sketch or photograph of the proposed sign is required and a site plan that adequately illustrates the location of the sign. In addition, the application shall include the location and size of all other signs at the subject property/development. 2. Once a completed sign application is filed with the Community Development Division, staff shall review the plans and specifications for the proposed sign(s).If the proposed sign(s)meets ordinance requirements,the building code and all other laws and ordinances of the City,a sign permit will be approved. 3. The required fee as established by resolution of the City Council shall be paid to the City before issuance of a sign permit. 17 SUBD 6. NONCONFORMING AND ILLEGAL SIGNS. a. Any sign legally existing on the effective date of this ordinance that does not conform to the requirements set forth in this ordinance shall become a nonconforming use and/or structure. Except as otherwise provided in this section,nonconforming signs shall be allowed to continue, but shall not be rebuilt, relocated, replaced or altered without being brought into compliance with all the requirements of this ordinance.Furthermore,nonconforming signs are subject to the provisions contained at Section 10.06. b. Any sign that is violation of this ordinance shall be removed or altered to comply with this section. c. Maintenance of existing signs, including the replacement of faceplates of the same size, shall be permitted on non-conforming si ns. SECTION 10.26. VIOLATION A MISDEMEANOR Every person violates a section, subdivision,paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful,or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof,shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. PASSED AND ADOPTED by the Hastings City Council on this day of 2001. Michael D. Werner,Mayor 18 ATTEST: Melanie Mesko,Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings,County of Dakota,Minnesota,on the of , 2001, as disclosed by the records of the City of Hastings on file and of record in the office. 19 Melanie Mesko,Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th ST. Hastings,MN 55033 20 MEMO V111 B-3 To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: August 28,2001 Re: I'Reading/Order Public Hearing-Rezone 1457 Featherstone Road(A Agriculture to R-3 Medium High Density Residence) Ronald Jones has requested that the property located at 1457 Featherstone Road, from A Agriculture to R-3 Medium High Density Residence.The property proposed for development is.51 acres in size(see site location map). The property in question is legally described below: That part of the Northwest Quarter of the Northeast Quarter of Section 29,Township 115 N.,Range 17 W., described as follows: Commencing at the North Quarter corner of said Section 29; thence southerly, on the north-south quarter line, a distance of 33.00 feet;thence easterly, parallel with the north line of said Section 29, a distance of 160.2 feet to the point of beginning of the land to be described;thence southerly,parallel with the north-south quarter line,a distance of 300.00 feet;thence easterly,parallel with the north line of said Section 29,a distance of 75.00 feet;thence northerly,parallel with the north-south quarter line a distance of 300.00 feet; thence westerly, parallel with the north line of said Section 29, a distance of 75.00 feet, to the point of beginning. Containing 22500 square feet, more or less. Subject to easements of record, if any. Background Information: Comprehensive Plan Classification: The subject property is currently classified U-II(Medium Density Urban Residential 4-8 residential units/acre). The proposed R-3 Medium High Density Residence is a consistent zoning for this land use. Zoning Classification:The subject property is currently zoned A Agriculture.The Applicants are requesting the property be rezoned to R-3 Medium High Density Residence.This zoning classification is consistent with the rest of the residential zoning in the area. Surrounding Properties:The area to the north and south of this property is zoned R-3 Medium high Density Residential, and the area to the west and the east is zoned A Agriculture. Planning Consideration: The applicants have submitted a building permit for a single-family home for this property, which required rezoning prior to a permit being issued. Planning Commission Action: At their August 27, 2001 meeting, the Planning Commission unanimously recommended approval of this rezoning. Recommended Action: Recommendation to approve the first reading of an ordinance rezoning the property to R-3 Medium High Density Residence and to order a public hearing for September 4th,2000. 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 properties are hereby zoned from A Agriculture to R-3 Medium High Density Residence: That part of the Northwest Quarter of the Northeast Quarter of Section 29,Township 115 N., Range 17 W., described as follows: Commencing at the North Quarter corner of said Section 29;thence southerly,on the north-south quarter line, a distance of 33.00 feet; thence easterly, parallel with the north line of said Section 29, a distance of 160.2 feet to the point of beginning of the land to be described; thence southerly, parallel with the north-south quarter line, a distance of 300.00 feet;thence easterly,parallel with the north line of said Section 29, a distance of 75.00 feet;thence northerly, parallel with the north-south quarter line a distance of 300.00 feet;thence westerly,parallel with the north line of said Section 29,a distance of 75.00 feet,to the point of beginning. Containing 22500 square feet, more or less. Subject to easements of record, if any. ADOPTED BY THE CITY COUNCIL THIS DAY OF , 2000. Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the day of 2001, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko,Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th St. Hastings,MN 55033 • fill `� �O r z I i �a • rte'�L f�jos i '."'.� LAND USE APPLICATION CITY OF HASTINGS 101 4th Street East,Hastings,MN 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: 'e — Legal Description of Property Involved: Applicant: Official Use Only Name i11 �' Date Rec'd Address 'Lj� "� ,il, ���, A/C? File No. ,L-efflj � S' �� -p� Fee Paid Phone trc oRec'd by Fax Ordinance# Section Owner(If different from Applicant): A Com. Name Address Phone AUG 0 0 2001 Fax CITY en' rIW3's N'G'33 Request: Special Use: Rezone: ':-:P 2W Subdivision: Comp Plan Amend: Vacation: Site Plan: Other: Variance: TOTAL: . Description of Request(include site plan, survey, and/or plat if applicable): Signature of A t ate ignature of Owner Date Applicant Name and Title-Please Print Owner Name Please Print VIII B-4 Memo To: Mayor Werner and City Council From: Matthew Weiland, City Planning Director Date: August 29,2001 Subject: Site Plan- Sunset Homes (Century South) CC: Don Lentsch Sunset Homes Corporation have requested site plan approval for a quad home development in the Century South•Residential Development.The Century South project has been approved by the City of Hastings. Background information from the Century South project is included in this memo. The proposed site plan includes 18 quad homes for a total of 72 units. The property proposed for development is 12.62 acres in size. A site location map is enclosed. Included with this memo is the site plan, a site location map and land use application. Background Information: Comprehensive Plan Classification: The subject property is classified U-II(Urban Residential 4-8 residential units/acre)in the City's 2020 Comprehensive Plan. The proposed development density for the site plan is @ 5.7 units per acre. This is a consistent use with the comprehensive plan. Zoning Classification: The subject property is zoned R-3 Medium-High Density Residence. The proposed development is a permitted use in this zoning district. Surrounding Properties: The property to the north is developed with rental housing. The rest of the surrounding property undeveloped property being developed as part of the Century South proj ect. Site Access: Access to the subject property will be provided off of 361 St and Cannon St. These roads are being constructed as part of the Century South project. Streets: There will be internal private drives connecting this project to 36' St and Cannon St. A condition of site plan approval shall be that all private drives and related utilities be designed and constructed according to City policies as determined by the Public Works Director. Furthermore, 1 it shall be required that the applicant provide evidence that all private drives and utilities will be maintained by a homeowner's association or other entity and not by the City. Utilities: The developer shall have separate water meters and water lines installed for all irrigation systems. Lot and Street Layout: The project is laid out rationally. No units will access 36' St directly, which is a collector road. Landscaping Plan:The landscape plan includes an overall plan as well as a"typical"plan for each unit.It includes a wide variety of trees and foundation plantings. The plan is well done. A 6ft high screening wall is also be constructed on the northen side of the project. Fire Protection: The Fire Marshall has approved the site plan with the following comments. B. Three additional fire hydrants shall be added to the site plan in the following •locations to ensure adequate-fire protection, subject to the approval of the Fire Marshall: 1. Across from quad home identified as Q4. 2. At the end of the private Dr between the quad homes identified as Q14 and Q15. 3. At the end of the private Dr between the quad homes identified as Q16 and Q17. Architectural Building elevations: The proposed units will be single level homes. The units are comprised of good building materials with interesting roof lines that break up the mass if the buildings. The units will be about 1,500 sq ft in size and the price range will start in the $160,000.00. Planning Consideration: This property is well designed with a functional layout and high quality buildings. Planning Commission Recommendation: The Planning Commission recommended approval of the Sunset Homes Site Plan at their 8/27/01 Planning Commission meeting, subject to the conditions listed below. Recommended Action: Motion to recommend approval of the Sunset Homes Site Plan,with the following conditions: 2 1. The proposed structures and accessory items including,but not limited to,the cul-de- sac landscaping shall be completed pursuant to the approved site plan.Upon request for occupancy of the units, all uncompleted items contained within the site plan shall be addressed pursuant to city code escrow requirements. 2. That all private drives and related utilities be designed and constructed according to City policies as determined by the Public Works Director. 3. That the developer shall provide evidence that all private drives and utilities will be maintained by a homeowner's association not by the City. 4. That the developer shall install separate water meters and water lines installed for all irrigation systems. 5. That Three additional fire hydrants.shall be added to the site plan in the following locations to ensure adequate fire protection, subject to the approval of the Fire Marshall: 1. Across from quad home identified as Q4. 2. At the end of the private Dr between the quad homes identified as Q14 and Q15. 3. At the end of the private Dr between the quad homes identified as Q16 and Q17. 3 -!L-12-2001 13 11 CITY OF HASTINGS 6514377082 P.02 LAND USE APPLI_ AC TION r -2 : 20Q1 MY OF HASTINGS 101 4th Street East, Hastings,UN 55033 Phone(651)437.4127 Fax (651)427.7082 Address of Property involved: Legal Description of Property Involved: Sl1 t>7" Applicaut: P/"6- "r-, p04w/l t/ Official Use Only Name /y4aAfO-S C10tC;O Date Rec'd Address 7 f (' azxe File No. - ,� Fee Paid Phone 7G 3 - s`3f- zs-�/Y �167 Recd by Fax Ordinance# Section Owner(If different from Applicant): App. Com. Name 1L Y/' ryaOP/4E-#.,r r Address Phone Fax Request: 5517-e PI-11A) IMP Special Use: Rezone: Subdivision: Comp Plan Amend: Vacation: Site Plan: Other: Variance: TOTAL: Description of Request (include site plan, survey, and/or plat applicable): ('-77/. Signature of Afplicant Date Signature of Owner Date PAUL a` 110 t9 Aq Applicant Name and Title-Please Print Owner Name-Please Print I_ � c 3„�� �iJr�C���R11�it11!►rr� r 9� HIM �1■ 5�k y �ddnpppdd� ~ rf � � ? . d & .... 9y :.......... -?i+ 5 .4 \ � 1 yygg 1 / .:.....: I3 6FRo 5q fNEE � ? f _ L t�t.W�. 1 �.. °°O°` nee...e................................._mm.v.u.mvm 4L FNN _ � - it � >�`� I� f► � ��� - ` ■a �1rILiLS >t�� ------------- C7 ^J�'til Ampf E :.a s T ` �: � � A,gyH" .PiffA 1'k N dwt x � E ' < Zftwsl so � \ f ■R�■ ■iwti; riiiifmEL Aw L�=J .:-� ■raw-i1 mr" LEMi. -�. tae_ ;♦ � ��� '�iv�` r:til%/ �'; w 3w _� •c` �at uwwn nww,■ uwwu uwwu i„�,� ��„ ii�Sn nlwu i1WS1. ii)S i kz �M FSI F F_�I -- rCJr -L'Jr aLJ� +^s■� � �\\\ _ W22.r; rATI. ..+f - fr - - �■ �i�� ��-� ■lam lt*' fit- ■�- ,�A wt� k kar k�l v J� Jt .Jr. Jir_ - 11 � - ■G��■ � _ •♦ � �_ MEN 7mFIN ■ ��•r. l i�� Vuu�/ �� • - eNam �. • - o umci4 s r— _ V z z CL F e O � .i ————————————————- I \ e w •�� « Y�` \ w 1E O , o � N ® K t4 ro O O a Iloilo NINE IN MEN MEN NO !��► � �i cry. � � � � � � 3m m o �: i�•, rlU,��,� F 0 � - WN ° 1,�� ,o •. ;. tel. � k �-t.>_�� ,rte � ♦ �� L � �ti"_,_., "' 'moi>i � +�f•�i� /��. p�;uaiai►�7 c``—��o ���� - `1•.. 3 - Y��b w _ 1�-f ..� -1 Ili. NVI sJN115HH ` Hlnos),NniNao �• ��� S3WOHNMOl11Nn-V LI —i 'ONI`s3WOi4 i-as s s • A A t i • is I I •' . i f f • � 1 NW'SEJNIISVM . y Hinos A MN33 S c S3W0HNMO111Nn-4 DNI S3WOH13SNns ,aL 0 0 o I� � om �o rnv 0 0 � Egli Cl ��; oo �1 0 I I � r VIII B-5 Me o To: Mayor Werner and City Council From: Matthew Weiland, City Planning Director Date: August 29,2001 Subject: Site Plan-River St CC: Duane Markuson Duane Markuson has requested site plan approval for a new twin home to be located on River St. This project is required to go through site plan review based on conditions in a development agreement for the property dated August 31It, 1990. Included with this memo is a site location map, site plan, and development agreement. Background Information: Zoning Classification:The subject property is zoned R-2 Medium Density Residence.Two-family homes are allowed in this district that meet lot size and setback requirements. The proposed project meets the minimum zoning standards for a twin home. Surrounding Properties: The subject property is currently vacant and is adjacent to developed single-family homes to the north,east and west. Hwy 55 is located to the south(site location map is enclosed). Site Access:Access to the subject property will be provided off of River St. There is a requirement that this access be located at the northwest corner of the property. It would be difficult to locate a shared access at the northwest corner of the lot, but it could be done. Staff would suggest that a driveway in the proposed location with turn around areas would safely address traffic concerns. The driveway would line up with a driveway across the street. Lot and Street Layout:The applicant is proposing to split the lot into two separate lots with a twin home sharing a zero lot line. A minor subdivision will have to be approved to split the lots. Landscaping Plan: Two font yard trees shall be installed for each dwelling unit, prior to a certificate of occupancy being issued. 1 Declaration of Minor Subdivision : The original minor subdivision for this property included a declaration ofminor subdivision which outlined specific conditions for development ofthis property (attached). There was concern about the property's location in relation to the intersection of HWY 55 and River St. The proposed site plan is meeting the requirements of the declaration of minor subdivision. There is also a requirement that the existing detached garage is removed. This shall be done prior to a new structure being built on the property. There is also a requirement that only right turns may be made from this location. This can be required,but may be hard to enforce. Planning Consideration: The proposed project is meeting the requirements of the declaration of minor subdivision. Planning Commission Recommendation:The Planning Commission recommended approval of the Sunset Homes Site Plan at their 8/27/01 Planning Commission meeting,subject to the conditions listed below. - Recommended Action: Motion to recommend approval of the River St Site Plan,with the following conditions: 1. That the developer plant two front yard trees per dwelling unit. 2. That the developer get minor subdivision approval to split the lots into two twin home lots with a zero lot line. 3. That the existing detached garage is removed, prior to a new structure being built on the property. 4. That the driveway shall be installed with turn-arounds as identified on the submitted survey. 5. The proposed structures and accessory items including,but not limited to,the cul-de- sac landscaping shall be completed pursuant to the approved site plan.Upon request for occupancy of the units, all uncompleted items contained within the site plan shall be addressed pursuant to city code escrow requirements. 2 ,R. I >: -- 1 ><� ■� _> ::r� ■` i Certificate of House Location For: Sheet 1 of 2 Duane Markuson H01100 all H01100 Plot File 94/13 DELMAR K 'SCHWANZ LAND SURVEYORS INC. " RWAV a UAMr tare W r:Dnb M MMnwM. 14750 SOUTH ROBERT TRAIL ROSEMOUNT•MINNESOTA Z501111 651!42.".1768 SURVEYOR'S CERTIFICATE See Sheet 2 For Descriptions I ( 125 I I 1 Io I Sl .: 1 inch= 30 feet 0 _ Irm pipe taxiument 0 -Set wood hi&at building offset 25 I I ;f.;a I odstinq spot elevation � 1 O 75 S89'55'20tE EXI TINS GAR BE I a W I� Proposed elevation LJJ 776 20 .2 \35.00 . 3 3 r a Proposed direction of drainage s3 77 . [[ I 776.4 7 s — �• 777 775.4 7 .5 I� l J + 25.00 n n � ]74.7— � q � 1 GARAGE W N90*35 .0 1 I GARAGE § / H Q� 77 s 3C In ' m ' 73 l.. M 35 l Q c.e.77 .3 c I S h ' I 20-bib 25 00 /1 15+• + 774.. I _ I !775.6 1 ' 77 77 .4 o I 775.3 775.0 I o77 .! _ C.B.773 o I + +. o I N.NInnN 33 1 7A 7+3.3 CON ETE WALK, �� } 772. 7 3 .73.0 773.3 ' 75 N89'55'208N STATE HIGHWAY N0 . 55 IDH HALE. So=mur Proposed garage floor elev. '7775' 7776; _ Proposed,tW of block elev. 7. Proposed lowest level elev. 7r7 ��r5 Proposed lowest foundation 44-ning X97,S X99, Nli'hI �Ar�i..,�� *' DELMAR H. 'I ' I hereby certify That this mrvgy,plan.or report was SCHWANZ )'Of red by me or under myolireet*uparvbbn and t , that 1 am a duly Registered Land Surveyor under fA„a .// ✓i the laws of the Slate of Minnesota. ��tk r0 R Delmar H.Schwartz (l r,_._,. July 27, 2001'-7`�i�4!tER° � Minnesota Registration No.5625 ' DECLARATION OF MINOR SUBDIVISION THIS DECLARATION is made by Mark Morstad and Sherry Morstad, husband and wife, herein referred to as "owners", and the City of Hastings, herein referred to as "City", which declaration shall include the following described property in the City of Hastings, Dakota County, Minnesota, ("subject property") to-wit: Parcel A: The North 104.67 feet of Lot 10 and the North '104.67 feet of the West 25.00 feet of Lot 9, Block 45, Addition No. 13 to the City of Hastings, according to the recorded plat thereof, Dakota County, Minnesota. Parcel B: Lot 11 and the West 25.00 feet of Lot 12 and that part of Lot 10 lying south. of the North 104.67 feet thereof and that part of the West 25.00 feet of Lot 9 lying_south of the North 104.67 feet, all in Block 45, Addition No. 13 to the City of Hastings, according to the recorded plat thereof, Dakota County, Minnesota. Subject to easements of record. WHEREAS, owners certify and affirm that they are the fee owners of the property referred to above and that they have good right, title and interest therein, sufficient to enter into this declaration; and WHEREAS, on December 14, 1989, owners applied to the City of Hastings for a minor subdivision of the subject property; and WHEREAS, this "minor subdivision" was approved by the City Council of the City of Hastings at its regular meeting held on February 20, 1990; and WHEREAS, it is understood that the successors and assigns as owners of the property involved will hereafter be required to comply with the City's zoning and subdivision regulations based upon the realigned descriptions as set forth above as Parcel A and Parcel B; and WHEREAS, owners agree to certain conditions regarding this minor subdivision; and WHEREAS, owners request that pursuant to the authorization of the City Council , a formal declaration be executed and filed against the subject property confirming the minor subdivision approval. NOW, THEREFORE, IT IS DECLARED AS FOLLOWS: 1. That hereafter the subject property shall be described as follows: Parcel A: The North 104.67 feet of Lot 10 and the North 104.67 feet of the West 25.00 feet of Lot 9, Block 45, Addition No. 13 to the City of Hastings, according to the recorded plat thereof, Dakota County, Minnesota. Parcel B: Lot 11 and the West 25.00 feet of Lot 12 and that part of Lot 10 lying south of the North 104.67 feet thereof and that part of the West 25.00 feet of Lot 9 lying south of the North 104.67 feet, all in Block 45, Addition No. 13 to the City of Hastings, according to the recorded plat thereof, Dakota County, Minnesota. Subject to easements. of record. 2. That owners for themselves and their successors and assigns, as owners of said property agree to be bound by this agreement and declaration. 3. That for purposes of compliance with the zoning and subdivision - control regulations and other similar regulations, it is agreed that the legal descriptions for Parcel A and Parcel B set forth above, shall control. 4. All subsequent owners of Parcel- A and Parcel B shall be bound by these lot line designations. 5. It is agreed that the following conditions shall apply only to . Parcel B: (a) A 25 foot setback shall be maintained from the northerly easement line along Highway 55 for any structure constructed on Parcel B so as to ensure proper site lines at the intersection of River Street and Highway 55 and to ensure adequate -distance from the structure and the eventual Highway 55 location. -(b) Any future driveway on Parcel B shall be located at the far northwesterly corner of Parcel B. (c) Prior to the development of Parcel B, a site plan must .be submitted to the Planning Commission and City Council for its approval. The site plan shall illustrate a driveway design which provides for a back up/turn around area so that vehicles may drive forward out _of Parcel B rather than back out onto River Street. (d) To improve safety when leaving Parcel B, egress from the property to River Street shall be by a right turn only onto River Street. The developer of Parcel B shall be required to install proper signage on the driveway which gives notice.of the restrictions for egress from Parcel B. (e) Owners and their successors and assigns shall. not provide an access easement over Parcel B to serve any properties lying to the east of Parcel B. 6. It is agreed the following conditions shall apply only to Parcel A: (a) To ensure proper visibility at the intersection of any future driveway on Parcel B, the existing garage on Parcel A, which encroaches on City right-of-way, shall be removed or relocated, at owner's expense, to meet City code requirements not later than when a structure is built on Parcel B. (b) Owners, for themselves and their successors and assigns, agree not to provide an access over Parcel A to serve any properties lying to the east. 7. Owners agree that this Declaration of Minor. Subdivision may be recorded against the subject property at the office of the Dakota County Recorder. 8. The City of Hastings hereby confirms that this minor subdivision was approved at a regular meeting of the Hastings City Council held on February 20, 1990, as stated above. Dated this day ofL -GtS i 1990. OWNERS: . l Mark Morstad Sherry Mor" CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION B .� LuA Stof or By arbara C. Thompson, City Clerk .r STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) OG - T foregoing instrument was acknowledged before this 31st day of i 1990, b Mark Morstad and Sherr Morstad, husband. an wife. sa nrvvvvvwvvi�vJ�r,Kq�v�vRn� JOYCE M.MURPHY NOTARY PUBLIC—MINNESOTA DAKOTA COUNTYNotar Pu 1 i c My Commission Expires Nov.5,1993 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) T e foregoing instrument was acknowledged before this day of ,In v,6, 1990, by LuAnn Stoffel and Barbara C. Thompson, the Mayor and City C erk of the City.of Hastings, a Minnesota Municipal Corporation. ` 'JANE E. TOENJES NOTARY PUBLIC—MINNESOTA DAKOTA COUNTY My Comm.Expires Mar,19, 1995 Notary ub 1 i c r INSTRUMENT DRAFTED BY: Hertogs, Fluegel , Sieben, Polk, Jones &- LaVerdiere, P.A. 999 Westview Drive Hastings, Minnesota 55033 Tele hone: (612) 437-3148 (SA VIII B-6 MEMORANDUM TO: Mayor Werner and City Council FROM: Kris Jenson,Associate Planner DATE: 08/28/01 SUBJECT: Variance-2020 Forest Street Kraig and Sandra Kersetter are requesting a variance to permit the construction of a second story on their existing home. Background Information: 1. Current Zoning: R-2 Medium Density Residential 2. Setback Requirements:The Zoning Code prohibits the enlargement of a non-conforming structure, which this home is classified as,because it does not meet the setback requirements.The setback requirement of a corner side is 10'. 3. Existing Conditions: See site location plan. The house sits approximately 7 feet from the side property line,where a 10'setback is required. 4. Proposed Conditions:The applicant is proposing to construct a partial second story at their existing home,which is currently a ranch-style home. 5. Adjacent Properties:The area is primarily surrounded by single family homes. 6. Variance Criteria: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands,structures,or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non- conforming use of neighboring lands,structures,or buildings in the same district,and no permitted or nonconforming use of lands,or buildings in other districts shall be considered grounds for the issuance of a variance. The applicant has submitted an elevation plan showing the proposed addition. Planning Commission Action: The Planning Commission reviewed this item at their August 27, 2001 meeting and unanimously recommended approval of the variance. Action Requested: Approval of a variance from Chapter 10 Sec 10.06 Non-Conforming Lots,Uses of Land,Structures,Uses of Structures and Premises, and Characteristics of Use to permit a non-conforming structure to be increased in size,based on these findings of fact: A. That the addition of a second story in that location doesn't affect sight lines of the street intersection. B. That the lot has a peculiar shape. C. That the City encourages re-investment in existing homes. D. That the lot has a wider boulevard along Maple Street in that area. cc:Kraig&Sandra Kersetter 1 �^.'�� ��v � 4 rr �. t ��cewn,—_m 1 • �� � �� tieiiieeia:::�!:� ��:: 1 1 1 �''uiiu�iE9iii3e=�; �' iuwi�i �� + �unu� 1 43� .in"� � [y i\ 1 �c��-� � r ���°ems � - 1 S • ■ ' i ): LAND USE APPLICATION CITY OF HASTINGS 101 4th Street East,Hastings,MN. 55033 Phone (651)437.4127 Fax (65-1)427.7082 "y Address of Property Involved: 0,0W Fpf'P..4 :j+,^ee,+ Legal Description of Property Involved: r90�LO Ponf+cq- p'c& b Applicant: Official Use Only Name -t jr rL K P +e+fe-t- Date Recd Address 3534' File No. a�a�iylc MPJ 6S033 Fee Paid Phone 51 A3 Recd by Fax C �rre Ordinance# Section Owner(If different from Applicant): A Com. Name Address Phone Fax Request: Special Use: Rezone: Subdivision: Comp Plan Amend: Vacation: Site Plan: Other: Variance: TOTAL: Description of Request (include site plan, survey, and/or plat if applicable): ,tet P 1A I i Ke' -F6 QJ<4 a 6 eft TOt'4f c(i f/'d mc���l f s�s��� me, SrnatI !SA Pl-f � - � d� � P A�j GXS►Str� %paide of Applicant Date S'gi e of er Date c e f�+fey- l-PE dC c� e � AppRant ant Name and title -PleasP t Owne ame-Please Print e, k'L 77 N: jt( .......... ze 45 4 VIII B-7 MEMORANDUM TO: Mayor Werner and City Council FROM: Kris Jenson,Associate Planner DATE: 08/21/01 SUBJECT: Accessory Structure Variance- 115 West 17'Street Paul Wilson is requesting a variance to the accessory structure ordinance which states that no accessory structure may be constructed in the required front or side yard fronting a public street or right of way.He is proposing to construct a detached garage between the front of his home and the public ROW. Background Information: 1. Current Zoning: R-2 Medium Density Residential 2. Setback Requirements:Chapter 4 Construction Regulations Sec 4.15 Accessory Structures Subd. 4 states that"No accessory structure shall be erected in any required front or side yard fronting a public street or right of way." 3. Existing Conditions: See site location plan. 4. Proposed Conditions:The applicant is proposing to construct a 30'by 32'detached garage 15'in front of his home. The garage doors would not face the street, they would face the west. The applicant's home currently sits approximately 100'from the front property line. 5. Adjacent Properties:The area is primarily surrounded by single family homes.The property to the east is retail space(Quiznos). The applicant states that he does not want to construct the garage on the adjacent vacant property because he would like to keep it vacant for possible future sale. 6. Variance Criteria: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands,structures,or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non- . 1 conforming use of neighboring lands,structures,or buildings in the same district,and no permitted or nonconforming use of lands,or buildings in other districts shall be considered grounds for the issuance of a variance. The applicant has submitted a letter addressing the issues with the lot and reasons for the request. Planning Commission Action: The Planning Commission reviewed this item at their August 28, 2001 meeting, and unanimously recommended approval to the City Council. Action Requested: Approval of a variance from Chapter 4 Sec 4.15 Subd.4 Accessory Structures to permit construction of an accessory structure within the required front yard Chapter 4 Sec 4.15 Subd.4 Accessory Structures, based on these findings of fact: A. That the lot shape is peculiar in that it is very long and narrow. B. The lot is currently adjacent to a commercial area and the applicant's would like to block the view and noise from that commercial area. C. That the current home setback limits options for placement of a detached garage. cc:Paul Wilson �`V::••••:�:...�..�� 11111•' i OB/16/2001 16:00 PRECISION WATER 4 6514377082 NO.301 904 s N.8B°58'34"E SOUTH LINE OF SEVENTEENTH STREET'' .: ----.. .....146.72-.. ..... 68.72 -. 68.00 - 0.2- t0 0.72 1 � a tL m — — --78.00 i W 6_30+ x ..: }Lo 802.06 ELEV.• ••�i�I —{-- s� ' ..I.146CC).. . .FIr I •7 1 d 10 I� — n N -::F. -T • :••!i.{:.:]:�:{:�moi:;:i�:j::`.`�•t�:Y�.•:•''�.�..':':.:!:•:�'�:•i:?:::: fm r� I N+ K1 w Li w N N as O W uj Z G r v w l I v \J W _Z r• _ J y 'm _78.00 - - - - - ----- Iqi � t P ' ' to _.. 68.00" 78.00 NN `13f x5.01 K X K—fix X--x 11S_ n:m: 18 L514I6.00• 09LINK FENCE� 1.20 ti ' Z — ::: fsAfiAfhs. c ....... .....:.. .. 08/16/2001 16:00 PRECISION WATER 4 6514377082 NO.301 D01 LAD USE APPLICATION CITY OF HASTINGS ,, 101 4th Street East,Hastings,MN 55033 Phone(651)437.4127 Fax(65'1)427.7082 Address of Property Involved: 1�� �1•E .� ��(���,. Legal De cnpti n of Prop Inv ye l Applicant: Official Use Only Name p�,�,�, m . ���.j�1� Date Rec'd Address Fj File No. Fee Paid Phone �, � _' Recd by Fax Ordinance# Section Owner(If different from Applicant): JApp. Com. Name Address Phone Fax Request: Special Use: Rezone: Subdivision: Comp Plan Amend: Vacation: Site Plan. Other: Variance: TOTAL: Description of Request(include site pl survey d/or plat if applicable): w Signature of Applicant Date Signature of bwrier Date WIQW , OWNEk PAU- rn L-SW Applicant Name and Title-Please Print Owner Name-Please Print 08/16/2001 16:00 ���;(P,R�EEC,IISION WATER � 6514377082 N0.301 D02 Paul M. ■>�i[s[ 115 West 17"Street Hastings,MN 55033 651.437-5915 August 16,2001 City of Hastings 1014r^Street Hastings,MN 55033 Dear Sir or Madam: We have enclosed our land use application along with survey sheet and check for fee. Here is our request. We would like to build a 30X32 foot garage in the front of our existing house. We are Wng to try to meet deadline for August 2744 meeting. I will mail original documents along with check for$75.00 immediately. 1. We do not want to use Parcel A for garage. Parcel A is free and clear of all building and is a separate entity. a. We might consider selling in future years. b. Do not want any building on clean lot. 2. We do not want to put garage in back of house. a. We have a lot of big,beautiful old oak trees that provide a lot of shade and shelter and do not want to tear them down. b. We also want to put a deck on the back of the house in the future to enjoy our backyard. c. If we put a garage in the back we would need to make new driveway around the side of house on Parcel A to get to garage. d. Neighbor has garage in front of house. 3. Specifics: a. Would like to be able to walk out on front small deck to step down to get to garage. b. We look at the back of existing building already(Quiznos). c. Our garage would go back to back with existing building. d. We are re-siding and putting in new windows and garage will be done to match house. e. We would use existing driveway for new garage. f. It would also benefit by cutting down noise levels from street Sincerely, Paul M.Wilson Property Owner VIII B-8 Me o To: Mayor Werner and City Council From: Matthew Weiland, City Planner Subject: Development Agreement -Riverdale Date: August 29, 2001 CC: DR Horton The Hastings City Council approved the Riverdale final plat at their 5/21/01 City Council meeting. This was a complex project. There were numerous issues and conditions identified with the approvals of this project. The conditions for approval of this project are to be agreed upon in a Development Agreement between the developers and the City.The Development Agreement must be signed by the two parties in order for this project to move on. Background Information: The development agreement is based on'tle conditions of approval for the final plat and other issues raised during the approval process. Development Agreement Summary The main issues of this project focused around the environmental concerns of the bluffs and existing vegetation. The MNDNR did review the referenced covenants and conservation area management standards and recommended changes that have been incorporated into the final documents. Many of the development agreement conditions have already been addressed.' PIease review the attached development agreement, restrictive covenants, and conservation area management standards for comments. Action Requested: Motion to approve the Riverdale Development Agreement. Development Agreement Riverdale Dakota County,Minnesota This agreement is made and entered into as of the day of , 2001, by and between the City of Hastings, a Municipal Corporation("City"), and D.R. Horton, , ,Inc. —Minnesota Whereas,Developer plans to undertake the development and construction of a single family home development in the City of Hastings, on property hereinafter described,which development requires certain approval by the City of Hastings: and WHEREAS,public hearings have been held allowing for comments by neighbors and other interested persons; and WHEREAS,the parties desire to memorialize their agreement concerning matters of mutual interest and concern regarding this development. NOW, THEREFORE,in consideration of the mutual agreement of the parties and certain authorizations by the City of Hastings, it is agreed as follows: 1. Subject Property. The real estate in this plat,hereinafter referred to as the"subject property,"is located in the City of Hastings,Dakota County,Minnesota, and proposed to be legally described as follows,to wit: RIVERDALE ACCORDING TO THE RECORDED PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE DAKOTA COUNTY RECORDER. THIS DEVELOPMENT AGREEMENT SHALL APPLY TO ALL LOTS AND OUTLOTS CONTAINED WITHIN RIVERDALE. 2. Authorization to Plat. Developer warrants that it owns the subject property and is authorized by virtue of said ownership to develop it without consent,participation or permission of any other person or entity. Developer further warrants that it has the authority to enter into a development agreement and to perform the conditions herein. 3. Access. The access to the subject property shall be finalized with an agreement between the Developer and Dakota County,before the final plat hard-shells are released. 4. Private Roads. All private drives and related utilities shall be designed and constructed according to City policies as determined by the Public Works Director. The developer shall provide evidence that all private drives and utilities will be maintained by a homeowner's association and not by the City. 1 5. Streets. A. Grading. Streets shall be graded to the full width of the right-of-way in accordance with street grades submitted to and approved by the Public Works Division. All street grading and gravel base construction will be in accordance with specifications on file in the Public Works Division. Grading will be complete prior to installation of applicable underground utilities, either private or public in nature. Gravel base construction shall be undertaken after completion of the installation of underground utilities. B. Surfacing. Following Public Works Division approval of street grading and after utility installation, streets shall be surfaced and provided with concrete curbs and gutters in accordance with the latest recommended plans and specifications prepared by the Public Works Division, approved by the Council, and on file at the City. C. Boulevard Sod-The developer shall install a 3 ft strip of sod directly behind the curb as part of the street construction process. This boulevard sod strip shall be planted prior to the development being approved for building permits. If weather or sod supply does not allow the sod to be installed before building permits are requested,then the developer shall provide the City a letter of credit for the sod installation and shall install the sod as soon as feasible. . Boulevard areas that are also within Conservation Areas shall be planted in accordance with the Covenants and Restrictions for Riverdale. 6. Sidewalks and Driveways. A. Grading of boulevards in all new developments shall be accomplished so as to accommodate construction of sidewalks thereon regardless of whether said boulevard is part of the Sidewalk Plan on file at City Halla Any sidewalk located in the plat shall be dedicated to the public.Any sidewalks constructed in any subdivision shall be in accordance with specifications established by the Public Works Division. Sidewalks shall be a minimum of five feet in width, and located one foot off the property line in the street right of way. B. Each and every driveway shall be constructed in accordance with specifications established by the Public Works Division. If a sidewalk is to be constructed,the concrete driveway shall extend through to the property line side of the walk. The remainder of the driveway shall be concrete or asphalt from the end of the concrete apron to the garage. In cases where driveways are constructed after curbing and sidewalks are in place,the sidewalk shall be reconstructed in accordance with driveway specifications for the width of the driveway. C. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Said driveway access shall not exceed 24 feet in width for residential uses. D. All single-family homes, duplexes,4-plexes,townhomes, and townhouse quadraminiums developed as part of plats approved after January 1, 1994 shall be required to have mail delivery serviced by United States Postal Service approved Neighborhood Delivery and Collection Box units or similar City approved grouped boxes. Individual mailboxes will be permitted only upon receiving handicap exemption status from the Hastings area office of the United States Postal Service,with appeal rights to the St. Paul district office of the United States Postal Service. Mailbox unit foundations and concrete pads shall be 2 constructed with the development's street improvements, and in accordance with the latest recommended plans and specifications prepared by the Public Works Division and on file at City Hall. The Public Works Director in consultation with the U.S. Post Office will determine the location and number of mailbox units. 7. Specifications-Inspections. A. Unless otherwise stated, all of the required improvements shall conform to engineering standards and specifications as required by the City. Such improvements shall be subject to inspection and approval by, and shall be made in sequence as determined by the Public Works Division. Plans and specifications for the required improvements shall be submitted to the Public Works Division in a type and format specified by the Public Works Division for review and approval. The required improvement plan review fee as established by City Council resolution shall be paid at this time. B. Grading Inspection-All development site grading one acre in size or larger shall be inspected by a City designated grading inspector,who will review and inspect maintenance of erosion control measures and compliance with City standards, and the approved grading plan and specifications. The Developer contracting these grading improvements will be required to post a cash escrow with the City of Hastings in the amount of 135% of the estimated cost of the inspection services prior to receiving approval to commence grading. The Public Works Director shall determine the estimated cost of inspection services. The City will pay all grading inspection costs incurred from these escrowed funds, and furnish the Developer with copies of all invoices received. The City will also charge 10%of the consultant fees to cover City overhead and administrative costs connected to the consultant inspection services. Excess funds will be returned to the Developer upon completion of the grading project. If the funds deposited with the City are insufficient to cover the inspection costs,the Developer will be required to deposit additional funds with the City to cover the estimated overage. The Uniform Building Code grading permit fee will be waived for those grading projects that require a grading inspection cash escrow. C. As-Built Grading Plan-Upon completion of site grading,the Developer shall submit to the Public Works Division for review, an as-built grading plan in a type and format specified by the Public Works Division showing the newly graded elevations at all lot corners, critical elevations in drainageways, one foot contours at ponding and sedimentation basins, and at ponding level control points for ponding basin emergency overflow swales. D. Inspection of Public Improvements - Construction of all subdivision street and utility improvements and other required subdivision improvements shall be inspected by a City designated inspector for compliance with City standards, and the approved improvement plans and specifications. The Developer contracting these improvements will be required to post a cash escrow with the City of Hastings in the amount of 135% of the estimated cost of the inspection services prior to receiving approval to commence construction. The Public Works Director shall determine the estimated cost of inspection services. The City will pay all improvement inspection costs incurred from these escrowed funds, and 3 furnish the Developer with copies of all invoices received. The City will also charge 10% of the consultant fees to cover City overhead and administrative costs connected to the inspection services. Excess funds will be returned to the Developer upon completion and acceptance of the improvement project. If the funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. E. As-Built Improvement Plan-Upon completion of the required public improvements, the City inspector shall prepare a record as-built drawing of the constructed improvements. 8. Required Surety. . A. Developer Financed and Constructed Improvements: Developer shall provide the City a letter of credit, cash escrow, or other approved form of surety, in the amount of 125%of the estimated cost of furnishing and installing the required improvements. This surety shall be used to cover failure of the Developer to construct the improvement in accordance with the approved plans and specifications and City standards, or failure complete the improvements as approved. B. Maintenance Bond: Prior to accepting or approving the completed Developer financed and constructed grading and/or street and utility improvements,the Developer must submit a maintenance bond from his contractor in the amount of 20%of the improvement costs, covering a period of one year after City acceptance of the improvements. C. Privately Constructed Improvements: In the event the developer elects to pay one hundred percent(100%) of all costs incurred by installation of the improvements, outside of the normal assessment procedure,he may do so providing he complies with the following requirements: 1. All construction shall be in accordance with plans and specifications approved by the Public Works Division. 2. The developer must retain a registered civil engineer to design and inspect the improvements and to certify that the improvements were constructed in accordance with the approved plans. 3. Complete the required improvements within a two-year period. 4. Provide the City with reproducible as-built drawings of the improvements within two months of completion of the improvements. 9. Utilities. The developer shall modify the utility plan according to the following items, subject to the approval of the Public Works Director: A. The developer shall have a separate water meter and water line installed for all irrigation systems. B. All homes shall have individual pressure reducing valves installed due to the high water pressure in this area. C. The sanitary sewer invert into the site shall be lowered to accommodate sanitary flows for 4 future growth outside the City. The sanitary sewer mains may also have to be lowered to . accommodate future sanitary flows. 10. Utility over sizing and lowering. The City agrees to pay the difference in the cost of City directed oversizing and lowering of the sanitary sewer mains. This cost shall be approved by the Public Works director. 11.Property Monuments. Steel monuments shall be placed at all block corners, lot corners, angle points,points of curves in streets and at intermediate points as shown on the Final Plat. Such installation shall be the developer's expense and responsibility. All U.S., State, County, or other official benchmarks,monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. The developer shall replace all monuments displaced, damaged or removed during grading operations. The monuments shall be installed after the final grading has been completed. The developer shall provide required certification of installation to the County. A copy of this certification shall also be sent to the City. 12. Public Land Dedication. The park dedication has been satisfied for this project through and agreement the City of Hastings made with the previous landowners. The agreement was made as part of the trail connection through the property. 13. Interceptor Sewer Charges. At the time the City signs the final plat, Developer agrees to pay the City Twenty Thousand Four Hundred Sixty and 00/100 ($20,460.00) for interceptor sewer charges. This total is based on a rate of$310.00 for the 66 proposed single-family home lots. 14. Zoning Classification. Subject property has been zoned to R- 1 Low Density Residence zoning classification. Developer shall adhere to all standards for the zoning district,which are not in effect and amended from time to time. 15. Grading Plan. Developer shall provide the City with a certified survey illustrating that all of the subject property has been graded pursuant to the approved grading plan prior to the issuance of any building permits. Further, all disturbed areas shall be seeded and mulched before issuance of any building permits. 5 16.REQUIREMENTS FOR A BUILDING PERMIT A. No building permits shall be granted on the platted property until such time as a certified copy of the recorded plat has been filed with the City and production of proof that all conditions of plat approval have been met. In a case where the City of Hastings is a party to the platting, a copy of the plat, certified by the City Clerk as true and correct, shall satisfy the requirements of this section. B. No building permits shall be granted on the platted property until such time that the subdivider provides the City with a certified survey indicating that the entire site as shown on the preliminary and final plats has been graded pursuant to the approved elevations shown on the preliminary and final plats. D. No building permits, except for approved sales models, shall be granted on platted property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer,water main and storm sewer improvements tested and accepted 17.Building Permit Submittal Requirements An original certificate of survey from a licensed surveyor is required for all new development, including expansions of existing buildings. The Building Official may for accessory structures or minor additions (decks, porches, attached garages), waive the Certificate of Survey submittal requirements in favor of an approved site plan indicating the location of existing and proposed structures in relation to lot lines. a. The certificate of survey shall reference and be based on an approved grading plan. b. The Certificate of Survey shall include at a minimum the following information: 1. property boundaries 2. existing structures 3. proposed structures (including driveways) 4. existing and proposed lot corner elevations 5. proposed drainage flow(arrows) 6 6. proposed garage floor elevation 7. proposed lowest floor elevation 8. proposed lowest foundation opening 9. proposed top of foundation elevation(front and rear) 10.proposed finish grade elevations at building corners 11. street right-of-way (to center line) 12. existing property monuments 13.Detailed spot elevations for drainage swales based on the approved grading plan. 14. existing and proposed mid point elevations on side lot lines 15. existing top of curb elevations at the extension of side lot lines and at the mid point of the lot 16. On-site sewage treatment system location and potable well location, if applicable c. Survey benchmarks shall be identified on certificate of survey. d. Field hubs shall be placed on site by a licensed surveyor to show top of foundation elevation and setbacks. 18. Erosion Control Plan Requirements (May be identified on Certificate of Survey). a. Silt Fence—A silt fence shall be identified on the erosion control plan. The silt fence shall be located along the front yard(3 feet from curb or behind sidewalk), along existing developed yards, and where needed for erosion control as determined by the City's Engineering Department. b. Rock Driveways- A rock driveway shall be identified on the erosion control plan. The rock driveway shall be constructed of CAl/CA2 Course Aggregate 1-2"rock— 6"deep per MPCA Manual. 19. Natural Resources Management Plan Requirements (all plans can be on same survey) a. Tree Plans- Shall identify boulevard/street tree and front yard tree location and type of tree(based on approved tree plan). b. Tree Protection—Shall identify protected trees and tree protection systems. . 7 20. Sales Models. The City will permit the construction of 4 model homes at the intersection of Riverdale Dr and Liddle Lane. Building permits for these units may be taken out after water service is provided to these lots and a temporary access road is in place. The issuance of the building permits is subject to the approval of the Building Official and Fire Marshall. Certificate of surveys and full building plans are required as part of these building permits. 21. Occupancy of Sales Units (Model Homes). Sales units must receive a sales certificate of occupancy before they are used as models, subject to the approval of the Building Official and the following conditions:. A. Hard surfaced roads with curb and gutter shall be installed to the sales units. B. Adequate parking for visitors is available on a gravel or hard surface. C. Lighting is operable for any evening activities. E. The entire dwelling, interior and exterior, is complete, landscaping is underway, and all utilities are complete and accepted by the City. 22. Occupancy of Dwelling Units. No permanent occupancy of any dwelling unit in the subject property shall occur until the City has accepted all utilities and until the base course of pavement has been installed on the streets, etc. 23. Shade Tree Requirement. The builders in the subdivision shall plant"boulevard"trees according to the submitted tree plan and one front yard tree per lot. These trees shall be at least two inches in diameter at the base and the species of the tree should be on the list of approved trees Created by the city Forester. An escrow is required for any unplanted trees before a certificate of occupancy is issued for any units without trees are allowed. 24. Removed Trees. The Developer shall be responsible for a portion of the cost to remove trees, due to grading operations, along the City's Bike Trail. The Developer shall also be responsible for the full cost of replacing these trees on the property. The location and species of the new trees, shall be subject to the approval of the City Forester. The trees shall be planted immediately after the grading in the area is completed. 25. Maintenance of common open space and ponding basins. The developer shall provide documentation that a development association and not the city shall privately maintain common open space and ponding basins. 26.MNDNR Requirements. The Minnesota Department of Natural Resources must approve the Shore Land PUD,prior to the release of the final plat hard-shells. 27. Conservation Areas. Conservation areas shall be regulated by enforcement of Exhibit B— Conservation and Management Standards. Exhibit B—Conservation and Management Standards, shall be recorded with every lot in the Riverdale Subdivision. 28. Conservation Area Monuments. Permanent monuments shall be placed on the property 8 identifying the restricted and protected areas. 29. Barn Foundation. The barn foundation located in Lot 23,Block 5 shall be removed or buried and any impact to the bluff shall be restored with native vegetation. 30. Riverdale Terrace Cul-De-Sac Island. Developer shall provide to the City documentation that landscape plantings within the Riverdale Terrace Cul-de-Sac island shall privately be maintained by homeowners' association agreement. 31. Storm Water Review. The Developer shall be responsible for the costs of the BARR Engineering stormwater plan review. 32. Outlot A(Park). Outlot A shall be deeded to the City for a Park. 33. Outlot C. The Developer shall deed Outlot C to the City. 33. Bike Trail. The proposed realignment of the bike trail shall be constructed to MNDOT bike trail standards, subject to the approval of the Public Works Director. This trail realignment shall be constructed first to minimize the impact to the bike trail and allow for use during construction on the property. 34. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto and shall run with the land. 35. Recording of Agreement. An original executed copy of this agreement shall be filed with the Dakota County Recorders Officer,which shall give notice to all subsequent purchasers of the property within the subject property of the provisions of this Agreement. 36. Miscellaneous. A. Any breach of the terms of this Agreement by Developer shall be grounds for denial of building permits for construction in the subject property. B. If any portion of this Agreement is held invalid for any reason, that decision shall not affect the validity of the remaining portions of this Agreement. C. The action or inaction of the city shall not constitute a waiver or amendment to the provisions of this Agreement. All amendments or waivers to this Agreement shall be in writing, signed by all parties and approved written resolution of the City Council. Dated this day of , 2001 City of Hastings, A Minnesota Municipal Corporation 9 By: Michael D. Werner, Mayor By: Melanie Mesko, City Clerk SEAL D.R. Horton, Inc. -Minnesota By: Neil G. Hansen,President Acknowledgment State of Minnesota) ) SS. County of Dakota) The foregoing instrument was acknowledged before me this day of , 2001,by Michael D. Werner and Melanie Mesko,the Mayor and City Clerk of the City of Hastings,A Minnesota Municipal Corporation Notary Public State of Minnesota) ) SS. County of Dakota) 10 The foregoing instrument was acknowledged before me on this_day of 2001, by Neil G. Hansen,President,D.R. HORTON,Inc. -Minnesota, a Delaware Corporation, on behalf of the Corporation. Notary Public This instrument drafted by City of Hastings 101 E 4t' St Hastings,MN 55033 11 Riverdale Covenants Pagel of 8 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR RIVERDALE THIS DECLARATION is made this day of 2001 by the undersigned, being all of the owners and encumbrances of the land located in Dakota County,Minnesota, described as follows: Block 1, Lots 1 through 4 Block 2,Lots 1 through 17 Block 3,Lots 1 through 16 Block 4, Lots 1 through 5 Block 5, Lots 1 through 21 Outlots A and B all in Riverdale WHEREAS, the Riverdale Homeowners Association,Inc,has been incorporated,under the laws of the State of Minnesota, as a non-profit corporation for the purpose of exercising the functions and powers set forth herein. NOW THEREFORE, Declarant hereby declares that all the properties described above shall be held, sold and conveyed subject to the following easements,restrictions, covenants, and conditions,which are for the purpose of protecting the value and desirability of, and which shall run with,the real property and be binding on all parties having any right,title or interest in the described properties or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Definitions. For the purposes of brevity and clarity,the following words shall have meanings as follows: "City"means the City of Hastings, and shall include all of its ordinances and rules that have been adopted for its governance. "DNR"means the Minnesota Department of Natural Resources, which has certain oversight regulations that pertain to the land uses with Riverdale and adjoining lands. "MNNRA"means the Mississippi National River and Recreation Area, a unit of the National Park System, and is also the state-designated Mississippi River Critical Area Corridor. Lands and waters within MNNRA shall be used and developed to maintain the present diversity of uses; to protect,historical sites and areas, natural scenic and environmental resources; and to expand public access to and enjoyment of the river. Riverdale is being developed in accordance with all regulations pertaining to MNNRA. "Conservation Area Plan"means all the area indicated on Exhibit B for the entire Riverdale plat which is impacted by MNNRA standards. "Conservation Area"or"Restricted Area"means all the area noted in a Lot Survey that is limited in its use by a Lot Owner. Lot Owners use, enjoyment, and maintenance of Conservation Areas shall be in compliance with the stated goals and regulations of MNNRA. These areas will be posted with signage at Lot intersections. Riverdale Covenants Page 2 of 8 "COE"means the United States Army Corp of Engineers,which governs the navigational uses within the Mississippi River corridor. "COE Area"means that area of Riverdale adjacent to the Mississippi River that is subject to a Navigation and Flowage Easement in favor of the COE to maintain the navigational characteristics of the river. This area is also noted in Exhibit B and in Lot Surveys. "Declarant"means D.R. Horton,Inc.-Minnesota, a Delaware Corporation,which is the present fee owner of the Riverdale land. "Lot"means any Lot or Outlot shown on the recorded plat of Riverdale and any Lots or Outlots created in the future on said plat by combining parts of existing Lots or Outlots, subject to Association approval and City Ordinances. There are currently 66 Lots and 2 Outlots on the platted property of Riverdale. "Outlot"means any parcel of the plat that is recorded for the use of signage, dedicated public right-of-way, or portions of Lots used for signage;fences,trails, and related improvements that are part of the Common Areas. "Lot Survey"means the individual lot surveys as required by City ordinance to obtain a building permit upon any Lot or Outlot. Each Lot Survey shall indicate to what extent the Lot is subject to Conservation Area and COE Area limitations. "Common Areas"means all real property and the improvements thereon owned and maintained by the Association for the common use and enjoyment of the Owners,including monuments. The Common Area to be owned and maintained by the Association includes Outlots A and B. "Lot Owner"means the record fee owner. If the land is sold on a Contract for Deed, the contract vendee is the owner. If the land is subject to a life estate, the life estate tenant is the owner. "Association"means the Riverdale Homeowners Association Inc., a Minnesota non-profit corporation, comprising all the Lots and outlots that will be platted from Riverdale. 2. Residential Use Only. No Lot shall be used for any purpose other than that allowed under City ordinance within a residential zoning district. No obnoxious, annoying or offensive activity shall be allowed on any Lot nor shall any activity be allowed which may be a nuisance to the neighborhood. 3. Conservation Areas. All Owners must follow and adhere to the rules and regulations set out in these covenants,which are based upon MNNRA regulations and City ordinances that minimize the impact of improvements, construction, and maintenance of Lot property within Conservation Areas. 1. Conservation Area Management Standards. Attached to and made a part of this Covenant is Exhibit B, "Conservation Area Management Standards". This quantifies dimensions and tolerances for grading, landscaping,planting,trimming, cutting, and general maintenance; and the allowable construction of accessory structures within Conservation Areas. 2. Compliance with Development Contract. There is a certain Development Contract between the City and Declarant, dated ,which is incorporated herein, Riverdale Covenants Page 3 of 8 including any amendments thereto whether before or after the date of this Declaration. This Contract contains various restrictions and requirements with respect to the development of Riverdale, the construction of homes and other Improvements, and the use and maintenance of various land and spaces owned or to be owned by the Declarant and the Lot Owners. The Declarant and the Association shall comply in all respects with the Contract. . 3. Noncompliance. In the event of a failure to comply,the city, or the proper governmental enforcement agency,may(i) enter the Property and cure the non-compliance or(ii) compel compliance by any legal or administrative means available to it under existing laws, ordinances, codes or regulations. 4. Notices. Prior to undertaking any action to cure the non-compliance, the city, or the proper governmental enforcement agency, shall give written notice to the Association and to the Declarant,responsible for the non-compliance and the responsible parry shall have thirty(30) days thereafter to cure the non-compliance(or cease), except that in the event of an emergency, the City may act immediately provided that it makes a reasonable effort to give the described notice. 5. Easement Rights for Corrective Actions. The city, or the proper governmental enforcement agency, shall have easements over the Property for reasonable access in the event that it is required to enforce its rights under the Agreement. 4. Architectural Controls and Standards. Each structure on each Lot shall conform to the following: 1. Single Family Buildings. No structure shall be allowed on any Lot other than one detached single-family dwelling per Lot. 2. Building Heights. No structure may exceed the City's height limitation as prescribed by local ordinances. 3. Minimum Size Structures. The square footage of the ground floor of the main structure, exclusive of open porches and garages, shall not be less than 2000 square feet. 4. Garages. The garage and storage area internal to the garage shall be at least 400 square feet in area. Attached garages are preferred,but if unattached,the garage structure shall be finished with materials in harmony with the house. 5. Accessory Structures. The Association may permit accessory structures, such as workshops, storage buildings,trellises, decks,barns,patios, sheds, and the like,provided the structure is finished with materials in harmony with the house and erected in compliance with City ordinances. Accessory structures to be placed in Conservation Areas shall also comply with the Conservation Area Management Standards. 6. Harmony: Any structure on a Lot, including porches, enclosures connecting the garage to the dwelling, accessory buildings, storage sheds, etc.must have similar design, materials, color, and workmanship to the main structure. 7. Temporary Residence. No trailer, tent shack, garage,barn, accessory building, or shed shall be used or occupied for a temporary or permanent residence. 8. Temporary Structures. No trailer, tent shack, garage,barn, accessory building, or shed shall be erected as a temporary use or structure. Riverdale Covenants Page 4 of 8 9. Trash Receptacles. No outside incinerators, trash burners, or garbage receptacles shall be allowed on any Lot. 10.Barbecues. Outdoor barbecues and fireplaces shall be allowed if they are not used to store or burn trash. 11.Unfinished Exteriors. All structures shall be completely finished on the exterior within six (6)months of commencement of the construction of the structure. 12.Fences. Any fences that are installed in front,back or side yards shall comply with City ordinances and shall be designed and built with materials in harmony with the house. Chain link fences,where permitted by City ordinance, shall be of a vinyl coated construction that is harmony with the main residence. 13.Swimming Pools. Owners may erect pools,provided that are constructed in compliance with all City ordinances and limitations within Conservation Areas and COE Areas. Privacy fences will be allowed,provided that they are designed and built in accordance with the guidelines noted above. 5. Landscaping and Sodding. The entire Lot, except for Conservation Areas, front to back, side-to-side, and adjacent boulevard from the curb to the property line, shall be sodded within 60 days after the dwelling is occupied. The entire boulevard shall be sodded to the Lot corners. If weather does not permit sodding within that time,the sodding shall be done as soon as the weather permits. Native grasses or temporary vegetation such as annual oats or rye must be planted in Conservation Areas during the 1St growing season the home is occupied. If temporary vegetation is planted in Conservation Areas, it must be replaced with the seeding of native grasses by the following growing season. Lot Owners are encouraged to landscape in a manner such that materials,plantings, and landscape structures in unrestricted areas are in harmony with the home and the desired effect of native landscaping within Conservation Areas. 6. Animals. Dogs, cats or other common household pets are allowed if they are not kept for commercial purposes and are housed in the main dwelling or garage. Outbuildings,kennels, or sheds shall not be used to house any animals on any Lot. 7. Easements. Easements for installation and maintenance of utilities, entrance monuments, drainage facilities,vegetative and topographical maintenance are reserved as shown on the recorded plat. Within these easements,no structure,planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities,which may obstruct or retard the flow of water through drainage channels, or which may change the direction of flow of drainage in the easements. The Owner of a Lot is responsible to continuously maintain the easement area and all improvements on it, except for those improvements forwhich the Association, a public authority or utility company is responsible. 8. Signs. No signs shall be allowed on any Lot except that one sign at a time is allowed for the purpose of selling and promoting the sale of the Lot and structures. The sign shall not be illuminated and shall not exceed six (6) square feet in area. A sign shall not be higher than four(4) feet above grade unless attached to the residential structure. No sign shall be placed on the roof or extend above the caves of the roof. Riverdale Covenants Page 5 of 8 9. Erosion Control. It is the responsibility of the Lot owner to maintain erosion control devices in existence until turf is established. Erosion, including damage to adjacent lands that occurs after the home is built and the buyer takes possession or ownership is transferred, which ever is first,is the responsibility of the person owning the Lot when the erosion occurs. 10.Maintenance of Boulevard. The City and/or Declarant do not maintain the boulevards in front of the Lots. Such maintenance is the responsibility of the affected and adjacent Lot owners. 11.Association Committee. The Association Committee shall oversee the necessity of any maintenance or improvements necessary within Common Areas,including entrance monuments, trails,parkways,boulevards, and the like. This committee shall have the power to undertake the contracting for any services necessary, including those provided by the Association. The committee shall be made up of three(3) different Lot owners, and not more than seven(7)Lot owners. The committee will have the power to collect from all other Lot Owners an annual assessment in an equal share per lot for the fees expended for Common Areas operations, and to contract with service providers for maintenance activities, accounting, and collections. 1. Annual Assessments. Annual assessments shall be established and levied by the Committee subject only to the limitations set forth below. Each annual assessment shall cover all of the anticipated Common Expenses of the Association,which are shared equally by all Lots. Annual assessments shall be payable in equal monthly, quarterly or annual installments, as directed by the committee. 2. Special Assessments. In addition to Annual Assessments, the Committee may in any assessment year assess a Special Assessment against all Lots equally for the purposes described in this Declaration. Among other things, Special Assessments shall be used for the purpose of defraying in whole or in part the cost of any unforeseen or unbudgeted Common Expenses. 3. Limited Assessments. In addition to Annual Assessments and any Special Assessments, the Committee may, at its discretion, levy and allocate Limited Assessments among only certain Lots where there have been expenses benefiting fewer than all of the Lots,which may be assessed exclusively against the Lot or Lots benefited. 4. Liability of Owners for Assessments. The obligation of an Owner to pay assessments shall commence at the later of(i)the time at which the Owner acquires title to the Lot(ii) the due date of the first Assessment levied by the Board;provided,that no unsold Lot owned by the Declarant shall be subject to any Assessment nor Assessment lien,nor shall said Persons be personally liable for Assessments, for any period before a certificate of occupancy(or comparable municipal occupancy approval)has been issued with respect to a Dwelling located on such Lot by the municipality in which the Lot is located. The Owner at the time an Assessment is payable with respect to that Lot shall be personally liable for the share of the Common Expenses assessed against such Lot. Such liability shall be joint and several where there are multiple Owners of the Lot. The liability is absolute and unconditional,to the extent available by law. Except as provided in this Section,no Owner is exempt from liability for payment of Assessments by right of set- Riverdale Covenants Page 6 of 8 off,by waiver of use or enjoyment of any part of the Property,by absence from or abandonment of the Lot,by the waiver of any other rights, or by reason of any claim against the Association or its Officers,Directors or agents, or for their failure to fulfill any duties. 5. Assessment Lien. The Association has a lien on a Lot for any Assessment levied against that Lot from the time the Assessment becomes due. If an Assessment is payable in installments,the full amount of the Assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association are liens, and are enforceable as Assessments,under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. The release of the lien shall not release the Owner from personal liability unless agreed to in writing by the Association. 6. Foreclosure of Lien and Remedies. A lien for Assessments may be foreclosed against a Lot under the laws of the State of Minnesota(i)by action, or(ii)by advertisement in a like manner as a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire,hold, lease,mortgage and convey any Lot so acquired. The Owner and any other Person claiming an interest in the Lot,by the acceptance or assertion of any interest in the Lot, grants to the Association a power of sale and full authority to accomplish the foreclosure by advertisement. The Association shall, in addition to its other remedies,have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Lot. 7. Lien Priority--Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except(i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Lot, and(iii) liens for real estate taxes and other governmental assessments or charges against the Lot. 8. Voluntary Conveyances-- Statement of Assessments. In a voluntary conveyance of a Lot, the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Lot prior to the time of conveyance to the buyer,unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Lot until released and satisfied. Any seller or buyer shall be entitled to.a statement, in recordable form,from the Association setting forth the amount of the unpaid Assessments against the Lot, including all assessments payable in the Association's current fiscal year,which statement shall be binding on the Association, seller and buyer. 12.Improvements Within COE Areas. The COE flowage easement was put in place for the construction of the dike and Lock and Dam No. 2 on the Mississippi River,just below the Riverdale plat. This easement allows the COE to take whatever actions they deem necessary to protect or improve the navigation channel,the dam, and locks. The COE has stated that it is highly unlikely that the COE will ever again use the easement. Lot Owners adjacent to the COE Area have from 40 to 80 feet of backyard space before reaching the COE Area easement line. The unlikely use of the easement, combined with the minimal improvements that could be allowed to be constructed within Conservation Areas suggests that Lot Owners may not require COE consent to the use of the easement area. However, if in compliance Riverdale Covenants Page 7 of 8 with any Conservation Area Management Standards, a Lot Owner or the Association may request from the COE consent or license to erect improvements with the easement area if deemed necessary by the Owner or Association. As a practical matter, it is unlikely that Lot Owners would face any significant problems in constructing such structures within the COE easement area, following compliance with the Conservation Area Management Standards. 13.Boat Docks and Access. The Association, and/or an individual owner(s)will be allowed to build and maintain a boat dock, as permitted by the City,DNR and COE, on or contiguous to the Mississippi River. Access to the docks will be available in two ways. First, if an Owner has a river bluff Lot,that Owner may erect an incline lift, stairs, or trail to access the river shore. The installation of such an access shall be reviewed and approved by the City in accordance with state and City standards. Secondly,the public access trail leading from Riverdale to the river shall be available to the public for walking access to the shore. The Association, or an individual Lot Owner,may erect docks, access ways,boardwalks, or other such facilities leading from the public trail to docks or other water-oriented facilities as may be permitted by the City,DNR and COE. Any individual river bluff Lot Owner shall be permitted to erect docks, access facilities, and the like without the approval of the Association, except that any such endeavor shall comply with City ordinances and DNR and COE regulations. The public access trail is shown in Exhibit A. No motorized access or launching shall be allowed at the public access trail connection to the river bluff lots, .No roads may be constructed through the Conservation Area for motorized access or launching. The City and DNR will encourage and may require a centralized docking location upon further review. 14.Covenants to Run With the Land. The covenants shall run with the land and shall be binding on all parties to this Declaration and all persons claiming under them for a period of thirty(30) years from the date the covenants are recorded, after which said covenants shall be automatically extended for successive periods of then ten(10)years, unless an instrument signed by a majority of the then owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. For the purposes of determining the majority of owners pursuant to this paragraph, a registered abstractor stating the ownership of each parcel may be recorded and by prima facie evidence of the ownership of the subject Lots. 15.Severability. If any of the terms, covenants,provisions, or any portion of this instrument is held to be invalid or unenforceable for any reason, such determination shall not be deemed to alter, affect, or impair any other portion of this instrument. 16.Amendment. This Declaration may be amended, except for Section 3. Conservation Areas and Section 13.boat docks and access,by a written document signed by eighty percent (80%) of the Lot owners. Each Lot shall have one vote. If the Declarant owns any of the outlots, it may amend this Declaration as it affects those outlots. Amendments to the Conservation Area Management Standards also require the approval of the City and DNR. An amendment to this Declaration shall be effective on approval and recording with the Dakota County Register of Titles. An owner's report by a registered abstractor shall be prima facie evidence of the Lot ownership for purposes of amendments to this Declaration.- Riverdale Covenants Page 8 of 8 [ THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ] EXECUTION PAGE—RIVERDALE COVENANTS IN WITNESS WHEREOF,this Declaration has been executed as of the date first above written. DECLARANT: D.R. HORTON,INC. -Minnesota By: Neil G. Hansen,President STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me on this_day of 2001,by Neil G. Hansen, President,D.R. HORTON,Inc. -Minnesota, a Delaware Corporation, on behalf of the Corporation. Notary Public Document prepared by: Paul L. Hellickson Attorney at Law Exhibit B -- Conservation Area Management Standards Page 1 of 2 Each Lot Owner shall comply with the following provisions that guide the use and enjoyment of Conservation Areas within Lots. . 1. Steep Zones. The steep sloped areas—also called bluffs --within Conservation Areas are slopes that exceed 18 percent. Generally speaking, the bluffs adjacent to the river—the north side of the Riverdale plat-- exceed 40 percent slope. The south side of the Riverdale plat has a bluff that varies up to 30 percent slope. 2. Flat Zones. At the top or bottom of a steep slope or bluff the grade changes to less than 18 percent. From the point at which the grade changes, the Conservation Area continues for an additional 40 feet away from the change in grade. 3. Vegetation Management. In Conservation Areas, clear cutting or intensive reduction of vegetation shall not be permitted. Certain vegetation management can occur, subject to these provisions. (a) The City may permit the selective cutting of trees greater than 4" in diameter when the cutting is appropriately spaced and staged so that a continuous natural tree canopy cover is maintained. (b) A minimum amount of vegetative cutting is permitted for the development allowed and approved under Items 5 and 6. The essential character, quality and density of existing growths shall be preserved and a continuous natural canopy cover is maintained. , paths, (c) The screening of the development allowed and approved under Items 5 and 6, as viewed from the water, shall not be substantially reduced, assuming leaf-on conditions. (d) Adjacent to the river shore, existing shading of water surfaces shall be preserved, except as allowed in this Item. (e) Maintenance trimming or pruning for the health of the vegetation is permitted, as long as the essential character, quality and density of existing growths is preserved and a continuous natural canopy cover is maintained. (f) Exotic invasive species listed on the DNR-approved list may be cleared by a Lot Owner at any time. (g) A Lot Owner may at any time remove dead or diseased trees, limbs, and branches; or those that pose safety hazards or have suffered storm damage. (h) Any vegetative management allowed in this Item shall be done in accordance with Best Management Practices to protect the Steep Slope areas from erosion and runoff caused by root removal. Allowed vegetation removal should be done in small areas that can be stabilized before proceeding to another management area. Replacement of removed species with native species is encouraged. Exhibit B -- Conservation Area Management Standards Page 2 of 2 4. Additional Plantings and Landscaping. Areas within Conservation Zones are to be preserved in a natural state when at all possible. Lot Owners may plant additional vegetation such as grasses, perennials, wild flowers, and trees and shrubs native to the area. Lot Owners are encouraged to provide natural cover and habitat that is attractive to wildlife in the area. Flat Zones shall not be manicured lawn areas. Landscaping and any structures erected in Flat Zones should be of natural materials and colors harmonious with the setting. Lot Owners are encouraged to landscape in such a manner that the natural materials are carried throughout the entire Lot, if possible. 5. Development in Steep Zones. Absolutely no structures or development except stairways, lifts, landings, pervious access paths, and watercraft access areas are allowed in Steep Zone areas. Such structures are subject to any COE Area limitation and City ordinance requirements, including all ordinance requirements for stairways, lifts, and landings. If such structures and development are proposed, the following conditions shall be met. (a) Any work performed must be accomplished without increasing erosion. (b) If it cannot be avoided, topographic, soil and vegetative displacement is minimized to the extent possible. (c) The soil types and geology to support the structure are suitable. (d) There is proper management of vegetation to control and minimize runoff. 6. Development in Flat Zones. No structures or development except stairways, lifts, picnic areas, benches, pervious access paths, and watercraft access areas are permitted in Flat Zones, subject to any COE Area limitation and City ordinance requirements. If such structures are proposed, the following conditions shall be met. (a) Any work performed must be accomplished without increasing erosion. (b) If it cannot be avoided, soil and vegetative displacement is minimized to the extent possible. (c) The soil types and geology to support the structure are suitable. (d) There is proper management of vegetation to control and minimize runoff. (e) The structure is constructed of natural materials and colors harmonious with the setting. (f) Portions of stairways and lifts in the Flat Zone shall be the minimal amount necessary to continue validly constructed stairways and lifts in the Steep Zone. 7. Topographic Alterations. Topographic alterations, such as grading and filling and excavation, are not permitted, except for a minimum amount of alteration for development allowed and approved under Items 5 and 6. Topographic alterations necessary for the development allowed and approved under Items 5 and 6 do not require the issuance of a separate grading and filling permit. Lot Owners or contractors for Lot Owners must secure separate grading permits from the City if the proposed work will displace more than 10 cubic yards of material in Conservation Exhibit B -- Conservation Area Management Standards Page 3 of 2 Areas, or more than 50 cubic yards of material outside Conservation Areas. All topographic alterations shall ensure that; (a) Soil displacement, erosion, vegetative cutting, and the destruction of natural amenities are minimized and are the minimal amount necessary for the development. (b) The smallest amount of ground is exposed for as short a time as feasible. (c) Temporary ground cover, such as mulch, is used and permanent native ground cover is. planted as soon as possible. (d) Best Management Practices to prevent erosion, trap sediment, and minimize runoff are employed. (e) Any fill is placed to accepted engineering and construction standards, and free of pollutants. (f) All disturbed areas shall be restored at the completion of the project and be in conformity with the topography of the surrounding land. VIII B-9 Me o To: Mayor Werner and City Council From: Matthew Weiland,Planning Director Subject: Preliminary Plat/Master Site Plan -Dakota Summit Date: August 29, 2001 CC: Conzemius Dairy Farm Note:This item was tabled at the 8/20/01 City Council meeting at the request of the developers. The developers have since submitted a revised final plat addressing staff and Planning Commission conditions. The final plat should be reviewed concurrently with the preliminary plat. Conzemius Dairy Farm has made application and requested preliminary plat approval and Master Plan approval for 29 acres of property located northwest of the intersection of HWY 55 and General Sieben Dr. A site location map is included in this memo. The preliminary plat proposes to divide this property into 2 commercial lots and one Outlot. This proposed development would include a 149,551 sq ft Wal-Mart retail store with a future expansion space of 63,000 sq ft, a gas station,and 4 retail outlots totaling another possible 140,000 sq ft of retail space. This project may add a total of 253,350 sq ft of retail space to the City. A Master Plan is being reviewed as part of the preliminary plat review due to the size of this project. The Master Plan gives a broad perspective of how the property could ultimately be developed. It identifies possible future uses as well as lot layout,traffic access and circulation,and parking. The Master Plan will be used as a guide for future site plan approvals.The Master Plan only grants concept plan approval. The Developer will still be required to submit detailed site plans for every phase of the development. Conditions may be attached to the Master Plan approval that will guide future development of the property. Included with this memo are the following: Master Plan,Preliminary Plat, Land Use Application form, and a Site Location Map. Background Information: This is a large project with numerous issues to discuss. The City has already spent a lot of time meeting with the Developers and reviewing the project. Many recommendations and changes to the project have already been made prior to this meeting.This memo will outline and highlight the main issues and concerns surrounding approval of this project. Dakota Summit Page 2 Background Information Comprehensive Plan Classification:The subject property is classified as Commercial in the City's 2020 Comprehensive Plan. Zoning Classification:The subject property has been re-zoned to C-4 Regional Shopping Center. The proposed development would be a permitted use in this district. Surrounding Properties: The new Hastings High School is being built north of this property,the Dakota County Government Center is located east of the property,vacant farm land is located to the west, and HWY 55 is located to the south. Preliminary Plat Approval Subdivision Ordinance Requirements:The submittal provided for the Dakota Summit Subdivision meets subdivision ordinance requirements for a preliminary plat submittal. The applicant is currently proposing to plat the property into 2 lots and one outlot . 1. High School Plat: The Hastings High School Plat shall be recorded before this plat is recorded. Approval of this preliminary plat is contingent upon the recording of the High School Plat. 2. Streets and Access:The main access to the property will be from General Seiben Dr. This access will be built as an extension of the North frontage through the property from General Sieben Dr to the western property line. There will be sidewalks constructed on both sides of the street. This road shall be platted as a 40 ft public right of way. This road will allow future access to the west of this property. It is anticipated that the Developer will design,finance and construct this road privately. This should be memorialized in a development agreement between the Developer and City which should be recorded against the subject property. There will also be two separate accesses to 4' St W. All private drives through the project will be privately built and maintained. 3. Site Grading & Storm Water Management: The stormwater plan has been reviewed and approved by the Public Works Director with the following comments: Dakota Summit Page 3 1. The stormwater plan shall be reviewed by BARR Engineering and any BARR Engineering comments shall be incorporated into the stormwater plan. 2. The Developer shall be responsible for the costs of the BARR Engineering stormwater plan review. 3. The storm water pond shall be sealed and the slopes of the pond shall not exceed 5 to 1 slopes. 4. If the developer fences the pond,the fence shall be a decorative fence, subject to the approval of the City Planner. 5. The developer shall provide documentation that common open space and ponding basins shall be privately maintained by a development association and not the city. 3. Utilities:The Public Works Director has reviewed the utility plans and has approved them with the following comment: 1. A fire hydrant shall be placed within 50 ft of the"Y"connection on the rear of the building. 4. Public Land Dedication/Sidewalk Trails: The Park land dedication for this development is$1,500 per acre. This amounts to$43,500 for the 29 acres. The park dedication shall be paid prior to the release of the final plat hard shells. 5. Interceptor Sewer Fee: Per City Ordinance, a condition of this plat approval shall be that the applicant shall pay 6 interceptor sewer charges per developable acre at a rate of$310.00 per sewer interceptor charge. The sewer interceptor fee amounts to $53,940.00 for the 29 acres. This fee shall be paid at time of final platting. 6. Drainage and Utility Easements: Drainage and Utility easements on the final plat shall be modified as follows: 1. The drainage and utility easement along the southern property line of outlot A shall be increased 20 ft. 2. 10 ft drainage and utility easements shall be added to the north and south side of the North Frontage Rd Right of Way. Dakota Summit Page 4 7. Sidewalk and Trail Easements:The following Sidewalk and Trail Easements shall be prepared as part of the final plat. 1. 10 ft sidewalk/trail easements shall be prepared for the north and south side of the North Frontage Rd Right of Way. 2. 10 ft Trail easements shall be prepared for the bike trail long the eastern property line,where the bike trail is located out of the public right of way. 8. Road Improvements:The City had planned on resurfacing General Sieben Dr this year(2001) and adding bike trails to both sides of the street. The City has decided to postpone the road construction until next summer(2002),based on the impacts of the new retail development.The new retail development will involve a major road reconstruction with the addition of turn lanes. The additional right of way (14 ft) needed for the road improvements will come form the Dakota Summit Plat. This additional right of way shall be identified on the final plat as General Sieben Dr right of way. No retail development on the Dakota Summit property will be allowed to open to the public,until the road improvements have been constructed. The cost for the new road improvements shall be agreed to in the development agreement. A bike trail may still be constructed on the eastern side of the road this year(2001),if trail easements can be obtained form Dakota County. 9. Traffic Issues: Traffic is a major concern for this project. A traffic study was done as part of EAW for this project (enclosed). The traffic study outlined recommendations for traffic control in this area as the project is developed.The main traffic issue is for people leaving the Dakota County Government Center. People will have a difficult time taking a left turn south to Hwy 55. This movement fails after the first phase of development. Over time,people will learn to use the other exit north of the main access to go left.The traffic study did recommend an all-way stop for this intersection,but the City and County do not agree with this recommendation. This could create major peak hour traffic problems. The intersection would meet warrants for a traffic signal at full development,but this also presents issues for peak hour travel. The City is currently working with the County to resolve this traffic issue. The intersection of General Sieben Dr and HWY 55 continues to operate at a level of service "C"or better through full development of the property. Dakota Summit Page 5 1_0. Traffic Controls : A traffic signal may ultimately be installed as part of this proposed development. The proposed signal would be installed at the intersection of the main access (north frontage Rd access)and General Sieben Dr. The Traffic Study has demonstrated that this signal may be required at some point in time based on full development of the project. The timing of when these signals get installed it as the discretion of the City. The cost and timing of these traffic signals should be addressed as part of the development agreement. A feasibility study should be prepared to determine trips. Costs should be divided based on benefit, such as the General Sieben Dr/Hwy 55 Traffic Signal. The City may ultimately be responsible for a percentage of the cost of a traffic signal. 11. EAW Issues: A number of issues were raised as part of the EAW for this project. The main concerns were with traffic and the geology in the area. Dakota County raised the following concerns: The EAW states that groundwater was not encountered in the soil borings conducted to depths of20 feet. The geotechnical borings were notprovided for review.No environmental borings were conducted, and no other environmental investigations were considered. The property's pre-development surface elevation ranges from 920 feet above mean sea level (amsl) on the southwest to 890 feet amsl on the northeast. The estimated elevation of the unconfined Prairie du Chien dolostone aquifer is about 720 feet amsl,with approximately a northeasterly gradient. The EAW does not address the possibility of subsurface karst landforms on the proposed developmentproperty,such as sinkholes and solution cavities.Although no such phenomena are known to be located on the property,they are known to exist 1/4-mile east at the Dakota County Government Center. Based on the above comments, the structural stability of buildings,tanks,utility runs,etc.,should be evaluated.Surface geophysical surveys followed by ground-trathed borings, wells and trenches may better evaluate such potential site hazards. The developer will be required to address the County's concerns before grading permits are issued. Master Site Plan Approval Background Information: The concept plan outlines a total of 253,350 sq ft of retail space. This plan was created to demonstrate the ultimate development of this site so the environmental/traffic impacts could be measured. The Master plan will be used as a guide to review and approve future phases of the development. The Developer will be required to submit detailed site plans for each phase of the development. The Master Plan is currently proposing the following uses: Dakota Summit Page 6 Wal-Mart 150,000 Wal-Mart Expansion 63,000 Retail Outlots 40,000 total 253,350 Future uses for this site may differ,but the overall site layout will not. Changes to the proposed Master Plan lot layout will be reviewed for its impact to traffic and circulation and its impact to the overall site design. The Master Plan displays a rational layout for this kind of development. This is a good location for this kind of development. Proposed Uses and Lot Layout: The proposed uses and lot layout are appropriate. The retail outlots on the front of the site will buffer and break up both the large building and parking lots. The ponding basin to the north also provides a green space buffer between this development as it transitions into the high school campus. Gas Station: The gas station shall be required to obtain a special use permit as part of the site plan approval for the gas station. Zoning Setback requirements: Proposed parking areas are in compliance with zoning ordinance parking lot setback requirements Building setbacks in the C-4 Zone District are established through site plan review. It is the opinion of staff that the proposed buildings are rationally sited relative to other structures in the general area. Number of Parking Spaces: The Zoning Ordinance requires a standard of 1 parking space per 200 sq.ft.of gross building area for general retail use and slightly different standards for restaurants and gas stations. The developer has demonstrated on the Master Plan that the parking requirement for the proposed uses can be met on site and that the site is not over parked. Traffic Circulation Issues:Traffic Circulation within the site flows well. There is one main access to General Sieben Drive and two accesses to 4'St W. The North Frontage Rd extension through the property will allow future connections to the property to the west. Trail Connections: There will be a 10 ft bike trail extended along the western side General Sieben Dr. A sidewalk will be extended from the General Sieben Dr Bike Trail west through the parking lot to the front of the Wal-Mart Store. A bike trail connection also extends to the sidewalk in the retail outlot area. Bike racks should be placed at the front of the store. Dakota Summit Page 7 Sanitary,Water,Storm Sewer and Grading Plans:The Public works Director has reviewed the proposed grading and utility plans and has submitted his comments to the applicants. The applicants are revising their plans accordingly. Lighting: The applicant shall submit a detailed lighting plan for this project as part of the site plan review for each development in this project. Site Landscaping: The applicant will have to submit detailed landscape plans with each site plan. Building Elevations: The applicant will have to submit detailed architectural building elevations with each site plan. Waste Disposal: The applicant will have to indicate plans for waste disposal with each site plan. outdoor dumpsters must be enclosed and screened form view with complimentary building materials. MNDOT (Minnesota Department of Transportation) The city is currently waiting for comments form MNDOT on the proposed plat and site plan. MNDOT has review authority over property adjacent to their right ofway. It is anticipated that since this project has no direct connection to HWY 55,that MNDOT's comments will focus on the traffic issues and signals and not on the actual plat or site plan. A condition of preliminary and site plan approval will be to incorporate any of MNDOT's comments into the plat or site plan. Summary:The proposed Dakota Summit prof ect is consistent with the City's 2020 Comprehensive Plan. The project will add jobs and an increase to the City's tax base.It will enhance the Western side of the City and will compliment the buildings in the area. The traffic issues along General Sieben Dr would have to be addressed as part of any development of the property. Public Hearin:Please refer to the attached minutes of the 8/13/01 Planning Commission meeting to review public comment. Most comments revolved around the impact of Wal-Mart moving. Planning Commission Recommendation:The Planning Commission recommended approval of the Dakota Summit Preliminary Plat/Master Plan at their 8/13/01 Planning Commission meeting, subject the conditions listed below. Upon vote taken,Ayes 7,Nays 0.Motion carried. Recommended Action: There are two separate items requiring City Council action on this project listed below: Preliminary Plat Dakota Summit Page 8 Motion to recommend approval of the Dakota Summit Preliminary Plat subject to the following conditions: 1. That the property is rezoned to C-4 Regional Shopping Center 2. That the Hastings High School Plat shall be recorded before this plat is recorded. 3. That the North Frontage Rd is extended through this property and platted with 40 ft of right of way. 4. The stormwater plan shall be reviewed by BARR Engineering and any BARR Engineering comments shall be incorporated into the stormwater plan. 5. The Developer shall be responsible for the costs of the BARR Engineering stormwater plan review. 6. That the storm water pond shall be sealed and the slopes of the pond shall not exceed 5 to 1 slopes. 7. That if the developer fences the pond, the fence shall be a decorative fence, subject to the approval of the City Planner. 8. The developer shall provide documentation that common open space and ponding basins shall be privately maintained and not the city. 9. All disturbed areas on this property shall be stabilized with appropriate cover to eliminate erosion problems. 10. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 11. That a fire hydrant shall be placed within 50 ft of the "Y" connection on the rear of the building. 12. That park dedication fees of$43,500,for the 29 acres,shall be paid prior to the release of the final plat hard shells. 13. That the Developer shall incorporate MNDOT's comments into the preliminary plat or site plan. Dakota Summit Page 9 14. That the developer shall pay 6 interceptor sewer charges per developable acre at a rate of $310.00 per sewer interceptor charge. These fees amount to $53,940.00 for the 29 acres.These fees shall be paid prior to City release of final plat hardshells. 15. That the Developer shall obtain Site Plan approval from the City prior to issuance of any building permits for any future proposed developments on property. 16. That Drainage and Utility easements on the final plat shall be modified as follows: a. The drainage and utility easement along the southern property line of outlot A shall be increased 20 ft. b. 10 ft drainage and utility easements shall be added to the north and south side of the North Frontage Rd Right of Way 17. That the following Sidewalk and Trail Easements shall be prepared as part of the final plat. a. 10 ft sidewalk/trail easements shall be prepared for the north and south side of the North Frontage Rd Right of Way. b. 10 ft Trail easements shall be prepared for the bike trail long the eastern property line, where the bike trail is located out of the public right of way. 18. That the final plat shall be modified to include 14 ft of additional platted General Sieben Dr right of way for a total of 80 ft of right of way. 19. That no retail development on the Dakota Summit property will be allowed to open to the public,until the General Sieben Dr road improvements have been constructed. 20. That the cost for the General Sieben Dr road improvements shall be agreed to in the development agreement. 21. That the timing,cost share and design of future traffic signals for this project shall be agreed to in a development agreement. Wal-Wart is requested to pay for the cost of the signal. Dakota Summit Page 10 22. That the developer shall address Dakota County's concerns about the geology of the property, prior to the City issuing grading permits. 23. That the gas station shall obtain a special use permit as part of the site plan approval for the gas station. 24. That the Developer shall be required to replat outlots before they may be developed 25. That the Developer shall enter into a Development Agreement with the City to memorialize conditions of preliminary plat approval and that the executed Agreement shall be recorded against the subject property prior to issuance of an grading and/or building permits. Master Plan Motion to Recommend approval of the Dakota Summit Master Plan, subject to following: 1. Future uses proposed on the site shall be consistent with the Master Plan layout. 2. Detailed site plans shall be submitted for each phase of the project. 3. That the proposed structure and accessory items including, but not limited to, the parking lot and landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building,all uncompleted items contained within the site plan shall be addressed pursuant to city code escrow requirements. LAND USE APPLICATION CITY OF HASTINGS 101 4th Street East,Hastings,MN 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: SOUTHWEST CORNER OF GENERAL S 1 EBEN DRIVE & WEST 4TH STREET Legal Description of Property Involved: (ATTACHED) Applicant: Official Use Only Name CONZEM I US DA I RY FARM Date Rec'd Address 124 FARM STREET File No. HASTINGS,.MN 55033 Fee Paid Phone 651-437-6809, Rec'd by Fax 952-831-8023 Ordinance# ATM: N 1 CK CONZEM I US Section Owner(If different from Applicant): '`" ' App. Com. Name NICK CONZEM I US ET AL Address 124 FARM STREET NASTINCSMN 55033 Phone 651-437-6809 Fax 952-831-8023 Request: Special Use: $200 (GAS STATION AND TIRE/LUBE ON STORE) Rezone: $250 (C-4 FROM AG) Subdivision: $320 (PRELININARY AND FINAL PLAT) Comp Plan Amend: N/A Vacation: $100 (RIGHT-OF-WAY OLD FRONTAGE ROAD) Site Plan: $200 (RETAIL STORE.ON LOT 1, BLOCK 1) Other: (CONCEPT PLAN FOR OUTLOT) Variance: N/A TOTAL: $1,070 Description of Request(include site plan, survey, and/or plat if applicable): REZONE 29-ACRE PARCEL TO C-4 (PER LAND USE PLAN) FROM AG; PRELIMINARY AND FINAL PLAT FOR 29-ACRE PARCEL INTO ONE 24-ACRE LOT AND ONE 5-ACRE OUTLOT; SITE PLAN FOR 24-ACRE PARCEL FOR A RETAIL STORE AND A SPECIAL USE PERMIT FOR THE RETAIL STORE SITE FOR GASOLINE SALES AND TIRE/ L E EXPRESS (AUTOMOTIVE SERVICE); CONCEPT PLAN FOR 5-ACRE OUTLET PARCEL; AND VACATION OF RIGHT-OF-WAY. r ` ` 2 no Sign of ApplicanIQ Date Ifigna I of 0 er Date Applicant Name and Title-Please Print Owner Name-Please Print J'A t InJIiII¢� w e f -.r i1 �I .R ■ SOME � 1 Mal ■ iOO Lj- Ri J Lk 7 ala - I • 1111 :r il�r1 I i z uV - E a 7. �. I1 IIL_111111 ♦111;1111 F.�.., 4 � k lav f F•,11,I ` , gra f•�< I 1. x 1:�, f /:•�i TXT ..1..::�.... ...... .. �1 r 1 oil fisc ,� , �� a, 1 �E as 1 121.5 P12 I I IN fill Ag' r r • r: 01�A: a?$Rd6b R.� Ra a 110 J Z5 w'j, w' li � 7a c � Z S •7. CO � a tr ~\ C z Dill Mg � , g � •�� a �` s l milli 116 lel ------------------- E r I u --- t- �1 � sueoae\wan a.an alr� r '- SKIS I \ ��_• � i i i o � ��I11 ` I f_. I• 1, q aloanuno`axa,lww-cam._______________ R I � I b8 I \ '` ..� \ _— •y----------•_---i{'[M—_—J�—La_-----•----� L.�_—f6 tR---J I�I•/ • ��• aen�• t � atyilltCa2Nt aty 'wt� w►xD,.�. .I I ' �1 1 oNESO). s �o zo Minnesota Department of Transportation n a �F Metropolitan Division tir OF TPPay Waters Edge 1500 West County Road B2 Roseville, MN 55113 July 10,2001 Mr.Matt Weiland,City Planner City of Hastings 1010 Street East Hastings,Minnesota 55033 SUBJECT: Dakota Summit Mn/.DOT Review EAWO1-019 North of Trunk Highway 55 and West of General Sieben Drive Hastings,Dakota County Control Section 1910 Dear Mr.Weiland: The Minnesota Department of Transportation(Mn/DOT)has reviewed the above referenced Environmental Assessment Worksheet(EAW)and finds it acceptable for further development with consideration of the following comments: ■ IN order to verify the traffic study results,the City/developer should submit a Synchro/Sim5 Traffic Software Analysis at Trunk Highway 55 to Jim McBroom(651-634-2143)in Mn/DOT's Traffic section. ■ The proposed development will need to maintain existing drainage rates(i.e.,the rate at which storm water is discharged from the site must not increase). The City or project developer will need to submit before/after hydraulic computations for both 10 and 100 year rainfall events verifying that all existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please direct questions concerning these issues to Eric Kasa(651-634-2076)of Mn/DOT's Water Resources section. ■ Any use of or work within Mn/DOT's right of way will require a permit.A Mn/DOT drainage permit may also be required. Please direct questions regarding permit applications to Keith Van Wagner (651-582-1443)of Mn/DOT's Permits section. ■ As a reminder, General Sieben Drive is Hastings Municipal State Aid Route 136.Any work on a MSA route must meet State Aid rules and policies.Also,the City must review any changes to its Municipal State Aid system so that they stay within its system limitations. You may obtain additional information regarding State Aid rules and policies in any of the following ways: ➢ hq://www.dot.state.mn.us/stateai.d/shows or has links to the applicable forms and the Mn/DOT State Aid Manual. ➢ Refer to the Mn/DOT State Aid Manual,Chapter 5-892.200 for information regarding standards and policies. ➢ Please go to http://www.revisor.l.eg.state.mn.us/arule/8820/for information regarding State Aid Operations Rules Chapter 8820. An equal opportunity employer ➢ For driveway standards,the designer is directed to refer to the Mn/DOT Road Design Manual (English)Table 5-3.04A and Figure 5-3.04A for guidance and policies. Driveway widths,other than those recommended,up to 50 feet will be permitted only by special permission of the Commissioner of Transportation or designee. Please contact Jim Deeny in our State Aid section at(651)582-1389 with any additional questions. Please address all future correspondence for development activity such as plats, site plans, environmental reviews, and comprehensive plan amendments to: Paul Czech Mn/DOT-Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Please note that Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two .(2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. Feel free to contact me at(651) 582-1378 if should have any questions. Sincerely, jennifer Chut Senior Transportation Planner cc: Gary Stevenson,Dakota County Surveyor Pete Sorenson,Dakota County Engineer Mn/DOT Division File C.S. 1910 Mn/DOT LGL—Hastings 2 pF MIN/yFso�9 Minnesota Department of Natural Resources v N m w v yoJ¢ 500 Lafayette Road St.Paul,Minnesota.5.5155-40_ NATUR July 23, 2001 Mr.Matt Weiland Hastings City Planner City of Hastings 101 Fourth Street East Hastings,MN 55033-1944 RE: Dakota Summit Environmental Assessment Worksheet(EAW) Dear Mr. Weiland: The Department of Natural Resources (DNR) has reviewed the EAW for the proposed Dakota Summit project in the City of Hastings in Dakota County. The proposed project involves approximately 253,000 square feet for a commercial shopping center, and smaller retail, restaurant, and commercial uses on a 29-acre parcel of land. Item 1 Lb. of the EAW addresses fish, wildlife and ecologically sensitive resources. There are six known occurrences of rare species or natural communities in the project vicinity. The DNR does not have further concerns about these occurrences. Based on the information presented in the EAW, the DNR does not have comments at this time related to natural resources impacts or concerns. We are concerned by an incomplete aspect of the EAW in that the EAW was not signed and was absent the certifications required by the Responsible Government Unit. Thank you.for the opportunity to review this project and the EAW. We look forward to receivingyour record of decision and responses to comments at the conclusion of environmental review. Minnesota Rules part 4410.1700, subparts 4 and 5, require you to send us your Record of Decision within five days of your decision on this action. DNR Information: 651-296-6157 • 1-888-646-6367 • TTY:651-296-5484 1-800-657-3929 An Equal Opportunity Employer h Printed on Recycled Paper Containing a Who Values Diversity 1F.0 Minimum of 10%Post-Consumer Waste Mr. M.Weiland July 23, 2001 Page 2 If you have questions about this letter,please contact Charlotte Cohn of my staff at(651) 296-4790. Sincerely, Thomas W.Balcom, Supervisor Environmental Review Section Office of Management and Budget Services c: Kathleen Wallace Steve Colvin .Wayne Barstad Sarah Hoffinan Joe Oschwald Jon Larsen,EQB Nick Conzemius, Conzemius Dairy Farm #20010975-0002 DAKOTA SUMMIT EAW.DOC Minnesota Pollution Control Agency F July 24,2001 Mr.Matt Weiland City Planner,.City of Hastings 101 Fourth Street East Hastings,MN 55033-1944 RE: Environmental Assessment.Worksheet(EAW)—Dakota Summit Dear Mr.Weiland: Thank you for the opportunity to comment on the EAW for the proposed project to construct an approximately 253,000-square foot commercial shopping center.. The proposed project would include a Wal-Mart and restaurants on an approximately 30-acre parcel. The site is by the intersection of Trunk Highway 55 and General Sieben Drive. The Minnesota Pollution Control Agency(MPCA)staff has reviewed the EAW for this project. The staff has provided the following comments for your consideration and response in determining the need for an Environmental Impact Statement(EIS)for the proposed project. Traffic Air Quality Impacts An Indirect Source Permit(ISP)is no longer required for the project_since.the ISP program ended . effective July 1,2001. A detailed traffic impact analysis was conducted for the proposed development and included as an appendix to the EAW. The traffic analysis identified and evaluated traffic impacts associated with the proposed shopping center. The traffic analysis report recommended installation of a traffic signal at the General Sieben/Wal-Mart access intersection. With this signal,all movements at the intersection will operate at a better level of service. No significant traffic impacts are expected as a result of this project. The EAW also conducted a detailed air quality analysis to assess carbon monoxide(CO)emissions generated by traffic from the proposed project by estimating CO concentrations at sensitive receptor sites at congested traffic areas near the project site. The analysis assumed two build scenarios,using the years 2003 and 2005 with full development. The results of the analysis showed that CO concentrations are well below that state ambient standards. Therefore,no significant air quality impacts are expected from the proposed project. You may contact Innocent Eyoh at(651)296-7739,if you have questions about the above comments. Storm Water Runoff As noted in Item 8,this project would require the application for and issuance of a National Pollutant Discharge Elimination System General Storm Water Permit for Construction Activity. This project will create approximately 23 acres of new impervious surface. Projects that create more than one acre of new impervious surface require permanent wet sedimentation ponds. These ponds will have to be designed to meet the requirements of the MPCA's permit. In designing the project and permanent sedimentation ponds;the post development rate of runoff should be equal to the pre-development rates for the 2, 10, and 100-year storm events. After the stormwater is routed through the ponds,we strongly recommend that it be infiltrated or sent to grass swales or rain gardens. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651)296-6300(Voice); (651)282-5332(TTY) St. Paul - Brainerd - Detroit Lakes - Duluth - Mankato - Marshall - Rochester - Willmar;www.pca.state.mn.us Equal Opportunity Employer - Printed on recycled paper containing at least 20%fibers from paper recycled by consumers. Mr.Matt Weiland Page Two Questions regarding the MPCA's storm water permit requirements may be directed to Michael Findorff at (651)296-6798. General We encourage the city of Hastings and developers of the site to strive for human scale,pedestrian oriented developments including plans for safe pedestrian movement between businesses and neighboring facilities such as the government center. We also suggest the developers employ energy efficient and/or clustered buildings as much as possible.'The site developers have an opportunity for generating favorable publicity by demonstrating more environmentally friendly development. Staff are aware that Wal-Mart has several eco-marts that pilot a variety of green building technologies in Lawrence,Kansas;Moore, Oklahoma; and City of Industry,California. Will Wal-Mart will make use of the green technologies that they have already put to use in these other locations at this site? Thank you for the opportunity to review this project. This comment letter addresses matters of concern to MPCA staff reviewing the EAW and is submitted for consideration-by the city of Hastings,the responsible governmental unit,in deciding whether an EIS should be prepared on the project. It does not constitute approval by the MPCA of any or all elements of the project for the purpose of pending or future permit action(s)by the MPCA. We have attempted to identify and consult with interested program staff to identify the MPCA permits that may be required. Additional comments or requests for information may be submitted in the future to address specific issues related to the development of such permit(s). Ultimately,it is the responsibility of the project proposer to secure any required permits and to comply with any requisite permit conditions. As required by Minn.R.4410.1700,we look forward to receiving written responses to our comments on the EAW and a record of the decision on the need for an EIS. If you have other questions concerning our review of this EAW,please contact me at(651)296-6703. Sincerely, _ Barbara Conti Plaimer Principal Operations and Planning Section - Metro District BC:sjs cc: Gregg Downing,Environmental Quality Board Mike Findorff,MPCA,MD/CAP Innocent Eyoh,MPCA,PP/CAP C O U N T Y Office of Planning Lynn MOratzka,AICP Director Matthew Weiland July 25,2001 -City Planner Dalaota County City of Hastings Western Service Center 101 Fourth Street East 14955 Galaxle Avenue AppleValley,MN 55124 Hastings, MN 55033 612.891.7030 Dear Mr.Weiland: Fax 612.891.7031 www.co.dakota.mmus The Office of Planning has received and reviewed the Dakota Summit Shopping Center (WalMart)EAW. Our comments follow the sequence of items in the EAW. Please call me at 952-891-7022 if you have any questions. 9. Land Use The EAW states"There was (sic) no Recognized Environmental Conditions (RECs) identified during a Phase 1 Environmental Site Assessment of the property(Braun Intertec,April 17,2001)." While the County agrees that there are no known solid and hazardous waste disposal and/or contaminant release sites on the 29.4-acre parcel being proposed for development,there are such known siteswithin %-mile to V2-mile of the proposed-development. Dakota County maintains an inventory of these sites but was not contacted by the environmental consultant or its client about the sites, as required. This information will be provided at no cost when a contact is made.. There are three petroleum-related leak sites at the Dakota County Government Center immediately east of the proposed development. At least one leak has substantially contaminated the unconfined aquifer, and it is under remediation at the present time. 17. Soils, 18. Water Quality,and 20. Ground Water—Potential for Contamination (The following comments apply to all three sub-sections.) 20. a. The EAW states that groundwater was not encountered in the soil borings conducted to depths of 20 feet. The geotechnical borings were not provided for review. No environmental borings were conducted, and no other environmental investigations were considered. The property's pre-development surface elevation ranges from 920 feet above mean sea level (amsl) on the southwest to 890 feet amsl on the northeast. The estimated elevation of the unconfined Prairie du Chien dolostone aquifer is about 720 feet amsl,with approximately a northeasterly gradient. 20.b. The EAW does not address the possibility of subsurface karst landforms on the proposed development property,such as sinkholes and solution cavities. Although no such phenomena are known to be located on the property,they are known to exist'/e- mile east at the Dakota County Government Center. Prit on retyded paper with 30%paseconsumer waste. AN EQUAL cffonuNny E oym As noted in the comments on item 9,the original 35,000-gallon heating oil tank for the Center was placed in an excavation that turned out to be a soil-covered sinkhole. When the tank and recirculation line leaked, an immediate pathway to groundwater was provided by the solution- enlarged bedding planes and joints. When monitoring wells and a recovery well were drilled to remediate the release, void spaces in the dolostone were encountered. Some heating oil was recovered from the groundwater below, and the remedial efforts continue 15 years later. The potential exists that similar subsurface features may exist on the proposed development property, especially due Wits proximity to the Government Center and the shallow soil cover, which affords little protection. Standard geotechnical investigations of soils and bedrock do not adequately explore for such phenomena. Also, bedrock structures may be associated with the Empire Fault,a notable fault located within a half-mile east-southeast of the property'. There maybe secondary faults or other structures under the property that could enhance bedrock infiltration of contaminants and influence groundwater permeability and contaminant migration. These structures may be related to the Hastings Fault and the Vermillion Anticline 2. Finally,the silts and very fine-to-fine sands may be prone to solifluxion 3 where surface water is diverted and temporarily ponded and/or directed underground through soil-covered sinkholes and sediment-filled cavities. The large surface areas covered by buildings,structures, and impermeable pavement will lead to significant temporary flows and ponding,which may compound such subsurface erosion. Soil piping is well•documented in some loess-derived silts and till-derived sifts and fine sands. Based on the above comments,the structural stability of buildings,tanks, utility runs, etc.,should be evaluated. Surface geophysical surveys followed by ground-truthed borings,wells and trenches may better evaluate such potential site hazards. 21. Solid Wastes, Hazardous Wastes,Storage Tanks If hazardous wastes are generated on-site,the general contractor and the business(WalMart) may be required to be licensed as a hazardous waste generator by Dakota County(referto EAW Section 8"Permits and Approvals Required'. Contact the Environmental Management Department at telephone (952) 891-7557 for assistance. ' The Empire Fault is believed to be located between City Well No. 5 and the Government Center in the vicinity of Pleasant Drive, Hastings. Several years ago,test holes drilled by Keys Well Drilling for a new City well south of the proposed development and Trunk Highway 55 probed the up-faulted and down-faulted blocks of the structure. Consequently, no new City well was drilled in that location. 2 Mossler,John H.,1972, "Paleozoic Structure and Stratigraphy of the Twin City Region", pp. 485-497,in Sims, P.K., and Morey, G.B., eds., Geology of Minnesota:A Centennial Volume, Minnesota Geological Survey, Saint Paul, MN. 3 Solifluxion or soil piping is the subsurface, internal erosion of fine soils caused by steep hydraulic gradients of subsurface water,which leads to the formation of"soil pipes", coalescing of pipes creating larger cavities,soil subsidence, and ultimately catastrophic soil failure (collapse). 22. Traffic The EAW indicates that 85 percent of the trips coming to the Wal-Mart site will exit TH 55 onto General Sieben Drive. The Wal-Mart Proposal concentrates customer traffic at one access point, along General Sieben Drive across from the south access to the Government Center. This layout creates a conflict between high volume turning movements that will result in delay and operational problems during the weekday PM peak. The traffic impact analysis gives a detailed explanation of the expected traffic volume for the site during the PM peak. However, it does not consider traffic volumes for the rest of the day,traffic generated from the new high school, expanded Government Center,or future developments. Traffic impacts during the rest of the day may be different, as a result of other traffic movements (such as afternoon school traffic, or traffic at the conclusion of County court sessions). The study recommends an all-way stop to handle the delay problems identified with this proposed access configuration. However,driveway accesses intersecting a collector roadway are generally poor locations for all-way stops/traffic signals because the crossroad only services higher traffic volumes for a very limited amount of the day. We suggest the City should provide more access points to distribute traffic and allow better access to the collector roadway, and consider re-orienting the building if necessary. However, there should be no additional access south of the proposed access driveway, in order to maintain proper traffic movements to and from TH 55. The current concentration of traffic at one access point will be further complicated by future development west of the proposed development. We suggest that providing better distribution of the traffic generated by Wal-Mart to 4th Street would reduce the adverse impact of this development and future developments. The proposed plan indicates that the through lanes shift to accommodate the proposed left turn lanes. We suggest the City consider redesigning General Sieben Drive with continuous or straight through-traffic lanes. We suggest that the City consider making the east/west driveway (parallel to Hwy 55)that serves multiple businesses a city street and serve a frontage road function along Hwy 55. The frontage road would serve not only this property, but could potentially serve property to the west in the future and limit the need for direct access to Hwy 55. Dakota County is willing to work with the City and the developer to address traffic movement and access in this.area. In conclusion,thank you for the opportunity to comment on this EAW. We look forward to working with you and the City on future plans and.project reviews. Sincerely, Kurt Chatfield Principal Planner cc: Joseph A. Harris,Commissioner, District 1 Brandt Richardson, County Administrator Taud Hoopingarner, Operations Management Director Ken Harrington, Director, Capital Facilities Department Susan Hoyt, Director, Physical Development Division Lynn Moratzka, Director,Office of Planning Don Theisen, County Engineer Barry Schade, Director, Environmental Management Department Brian Watson, Manager, Dakota County SWCD Phyllis Hanson, Planning and Technical Assistance, Metropolitan Council BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR BOULEVARD,SUITE TWO/HOPKINS,MN 55343/(952)238-1667/FAX(952)238-1671 May 24,2001 Refer to File: 01-30 MEMORANDUM TO: Greg Frank,McCombs Frank Roos Associates FROM: Edward F.Terhaar E RE: Results of Traffic Study for Proposed Wal-Mart Store in Hastings,MN PURPOSE AND BACKGROUND The purpose of this memorandum is to present the results of our traffic study for the proposed Wal-Mart store in Hastings. Based on discussions with City staff, our analysis has focused on the following areas: • T.H. 55/General Sieben Drive • General Sieben Drive intersection with the Wal-Mart access In order to address the operations at the above locations,forecasts and analysis were prepared for the weekday p.m.peak hours. Proposed Development Characteristics The proposed development is expected to initially consist of a 149,551 square foot Wal- Mart store and separate gasoline sales area. The gasoline sales area will consist of 16 vehicle fueling positions and a small building to house the cashier. The site also includes four outlots located in the southern portion of the property. The exact land uses for the outlots have not yet been determined. The Wal-Mart store will be built to allow for a future expansion,which would increase the building size to 213,350 square feet. The entire development will be located in the northwest quadrant of the T.H.55/General Sieben Drive intersection, as shown in Figure 1. Access to and from the site will be provided via one direct access to General Sieben Drive and two accesses to 0 Street,as shown in Figure 2. The initial Wal-Mart development is expected to be completed by the end of 2002. Mr. Greg Frank -2- May 24, 2001 Existing Traffic Conditions T.H. 55 is a major east/west roadway that runs through Hastings. T.H. 55 is a four lane, divided roadway with turn lanes at major intersections. The intersection with General 'Sieben Drive is controlled with a traffic signal. At General Sieben Drive,T.H. 55 consists of two through lanes, one left tum lane,and one right turn lane in both the eastbound and westbound directions. -General Sieben Drive consists of one left tum lane, one through lane,and one right turn lane on n both the northbound and southbound approaches to T.H.55. General Sieben Drive consists of one through lane in each direction at the proposed Wal- Mart access location. The proposed Wal-Mart access would be located directly across from the southern access for the government center. 1271" ST' �) LOCK & DAM\% N0.2 \ eon L32nd ST. E. (2 Rs6rasl LAA i M,DSS Off`ti HA1ID.TON ]� 450N ST. �! u N N 140th ST. E. FEATHERSTONE RD. W. it ST. < w d � I ' W. I N H h N W. 4th ST. o w W. .r•��j. � W = x. PROJECT ir';�:; �Sa .y�¢ W. 5s LOCATION ;iii, �. FRONTAGE RD. x. 145th ST. E. x' FRONTAGE RD. FRONTAGE RD. 55' S. d I �L 'W 12th ST. 291jw1yj 11R. Q V' X, pv...Y E RRY m x. 14sr. � w � DFL � L0. CT:� 14 th ST T� � s mo WMT II r TzERNv c� a ROSEWRT Ci YIEx CT. Ptd STEEPLE �c• uMpN�Y 5 y fly HILLSIDE 15D+h ST: V u g u°i W. ►- w 85th ST.� CT. .9 H N OOs Ytc* x.16th ST. `W' ZxEBER LA. cc TIL o x. 17th ST. yt� w d W i IV 18th x.181"ST. L t• c W.19+h ST. CT,Q $� - N V "L <<�� tIp• x.W+h ST. •Yd_r 3 YANOR 1 tS j w. 21st ST. `C QO4 v� 3 3CT. { a Rm GE OOO W.zbw sr. BEST Lk $ . tCF. X.23rd ST. 21 et ST. APPROXIMATE SCALE RN p b' r�iHRao�E CT, swrdVIEM I ��'A y1p1 pO1NT !:4 t a„•�QGE g Ci. x 9R• F' . 1 o'k v �NYSEM �4 ` rvp 0 2000' 41 sD R t Y MCCOMBS FRANK ROOS TRAFFIC STUDY FOR FIGURE 1 ASSOCIATES, INC. PROPOSED WAL-MART IN HASTINGS, MN PROJECT LOCATION Pwo-BENSHOOF&ASSOCIATES,INC. `] TRANSPORTATIONENGINEERSAMOPUNNERS i i i G 0) Lo Qj' . .> . .; m m® o •ro •li• 0 0 o r• • ■. ' E7� � ■r �w ri d� V /� Ii �\ V �� V V a.a V �► � aft • MCCOMBS FRANK R• • TRAFFICFIGURE 2 • ASSOCIATES, PROPOSED • r • , 7 IN HASTINGS, MN INITIAL SITE PLAN �-. . TRANSPORTATIONPLANNERY Mr. Greg Frank -5- May 24,2001 TRAFFIC FORECASTS Trip Generation For the proposed development,trip generation was estimated for the weekday p.m.peak hours using information from the Institute of Transportation Engineer's Trip Generation, 6'h Edition. Trip general estimates were developed for each development scenario.. Table 1 presents the results of the trip generation'estimate. Table 1 Weekday P.M.Peak Hour rip Generation Estimates Scenario/Land Use Size P.M.Peak Hour Trips In Tris Out Initial Wal-Mart Store Only Wal-Mart 149,551 sq. ft. 253 264 Gasoline sales .16vfpl 80 80 Totals 333 344 Initial Wal-Mart plus Outlots Wal-Mart 149,551 sq. ft. 253 264 Gasoline sales 16 vfp 1 80 80, Outlot A—Fast Food Restaurant 3;000 sq. ft. 47 43 Outlot B—Sit Down Restaurant 6,000 sq. ft.. 35 23 Outlot C—Retail 5,000 sq. ft. 8 9 Outlot D—Fast Food Restaurant 3,000 sq. ft. 47 43 Totals 470 462 Ez anded Wal-Mart plus Outlots Wal-Mart 213,350 sq. ft. 372 389 Gasoline sales 16 80 80 Outlot A—Fast Food Restaurant 3,000 sq. ft. 47 43 Outlot B—Sit Down Restaurant 6,000 sq. ft. 35 23 Outlot C—Retail 5,000 sq. ft.. 8 9 Outlot D—Fast Food Restaurant 3,000 sq. ft. 47 43 Totals 589 '587 1 Vehicle Fueling Positions The trip generation estimates shown in Table 1 include 10 percent reductions to account for motorists that stop at both the gasoline sales area and the Wal-Mart store and motorists that stop at the both outlot uses and the Wal-Mart store. These trips are known as multi-purpose trips because they involve more than one stop within the same development. It is necessary to account for these trips to accurately estimate the number of generated trips. The net trips generated by the development are grouped in terms of two categories: Mr. Greg Frank -6- May 24,2001 • New Trips—Trips solely to and from the proposed development. • Pass-By Trips—Existing"through"trips on T.H. 55 that will include a stop at the proposed development in the future. The percentage of the net trips assigned to each trip type was based on the following factors: the location of the proposed development relative to the existing roadway system and existing population centers,traffic volume data collected for roadways surrounding the site,and on past experience developing traffic impact analyses for retail developments throughout the upper Midwest. Based on these factors,the percentages by type of trip for the retail development are as follows: 80%new trips and 20%pass-by trips. Trip Distribution Based-on the locations of major population areas and other retail areas, distribution percentages were developed for new trips to and from the site. These distribution percentages represent the anticipated portion of trips traveling to/from the site by - direction. The distribution percentages for new trips and pass-by trips are shown in Figure 3. Traffic Volumes Traffic volumes were forecasted for the weekday p.m.peak.hour for the following five scenarios: 1)2001 existing(2001),2)2003 without any of the proposed development (2003 Base),3)2003 with the initial Wal-Mart store only(2003 Phase 1),4) 2003 with the initial Wal-Mart store and the four outlot uses(2003 Phase 2),and 5)2005 with the expanded Wal-Mart store and the four outlot uses (2005 Full Development). All of the forecasted volumes are based on the existing counts recorded at each intersection. A growth factor of 1.5 percent per year was applied to the existing volumes to arrive at 2003 and 2005 baseline volumes. The expected development traffic was then added to the baseline,resulting 2003 and 2005 post-development traffic volumes. The resultant weekday p.m.peak hour are shown in Figure 4. NEW TRIP DISTRIBUTION 1% 10% FEATHERSTONE RD 4% 4TH ST. 10% 50% �Q TH 0 eld��'° 25% N PASSBY TRIP DISTRIBUTION NOTTO SCALE FEATHERSTONE RD 4TH ST. 30% TH 55 70% 5` MCCOMBS FRANK ROOS TRAFFIC STUDY FOR FIGURE 3 ASSOCIATES, INC. PROPOSED WAL-MART IN HASTINGS, MN TRIP DISTRIBUTION BENSHOOF&ASSOCIATES,INC. PERCENTAGES TRANSPORTATIONENOINEERSANDPLANNERS FEATHERSTONE RD r a� � A57/68 io 8518$(88J88/90 NAINA/304/409/529 ONO 4TH ST. a WAL-MART GOVERNMENT CENTER ACCESS SOUTH ACCESS AL TH 55 r r 40 N� N 04 �_2/2/'(551218/273 � 3=0220201= NOT TO SCALE41 804/828/7811762/770 =� 87/'90/90==2 2001 T 2003 NO BUILD 2003 PHASE 1 WAL-MART ONLYr 2003 PHASE 1 WAL-MART+OUTLETS c i ' 2005 EXPANDED WAL-MART+OUTLETS I�N MCCOMBS FRANK ROOS TRAFFIC STUDY FOR FIGURE 4 ASSOCIATES, INC. PROPOSED WAL-MART IN HASTINGS, MN 'WEEKDAY PM PEAK BENSHOOF&ASSOCIATES,ING. HOUR VOLUMES TRANSPORTATIONENOINEEASANDPLANNERS Mr. Greg Frank -9- May 24, 2001 TRAFFIC ANALYSIS Level of Service The analysis intersections were analyzed to determine the impacts of traffic generated by construction of the proposed development. Capacity analyses were performed using the methodologies presented in the Highway Capacity Manual for all three background traffic levels. Capacity analysis results are presented in terms of level of service,which ranges from A to F. Level of service A represents the best intersection operation,with very little delay for each vehicle using the intersection. Level of service F represents the worst intersection operation,with excessive delay. The existing lane geometrics at the T.H. 55/General Sieben Drive intersection were used for the initial analysis. For the General Sieben Drive/Wal-Mart access intersection,the following lane geometrics were used: • northbound and southbound approaches on General Sieben Drive—one left turn lane, one through lane, and one right turn lane • eastbound approach from the Wal-Mart site—one left turn/through lane and one right turn lane • westbound approach from the government center—one left turn lane and one through/right turn lane The T.H. 55/General Sieben Drive intersection was analyzed using the existing signal control parameters. The General Sieben Drive/Wal-Mart access intersection was initially analyzed using two way stop control. This means that the eastbound and westbound approaches are stopped,while the northbound and southbound General Sieben Drive approaches are not stopped. Table 2 presents the level of service analysis for the weekday p.m.peak hour at each intersection with existing signal control at T.H. 55/General Sieben Drive and two way stop control at General Sieben Drive/Wal-Mart access. Mr.Greg Frank -10- May 24,2001 Table 2 Weekday P.M.Peak Hour Level of Service Results with Two Way Stop Control at General Sieben Drive/Wal-Mart Access 'M Peak Hour Eastbound Westbound Northbound Southbound Overall Intersection LT TH RT LT TH RT LT TH RT LT TH RT , C.H.551 seneral Sieben )rive !001 na na na A na A na A A A A na A !003 Phase 1 C C B F F A A A A A A A B !003 Phase 2 E E B F F B A A A A A A E A05 Full F F B F F C A A A A A A F )eveloprnent 3eneral Sieben )rive/Wal- dart access !001 C B A C A A B B A B C A B A03 Phase 1 C 'B A C B A B C B B B A B A03 Phase 2 C B A C C A B C B B B A B !005 Full C B A C C A B C B B B A B )evelo meat Under the 2003 Phase 1 scenario at the General Sieben Drive/Wal-Mart access intersection, all movements operate at level of service C or better except the westbound left tum and through,which operate at level of service F. All movements at the T.H.55/ General Sieben Drive intersection operate at level of service C or better. Under the 2003 Phase 2 scenario at the General Sieben Drive/Wal-Mart access intersection,the westbound left tum and through continue to operate at level of service F while the eastbound left tum and through fall to level of service E. All movements at the T.H.55/ General Sieben Drive intersection operate at level of service C or better. Under the 2005 Full Development scenario at the General Sieben Drive/Wal-Mart access intersection,the westbound left tum and through continue to operate at level of service F while the eastbound left turn and through fall to level of service F. All movements at the T.H. 55/ General Sieben Drive intersection operate at level of service C or better. The government center currently has two access points onto General Sieben Drive. If the westbound approach at the south access point were to operate at level of service F,as shown in Table 2,some motorists likely would divert to the north access to tum left onto General Sieben Drive.-While this action would decrease the number of westbound left turns at the south access,the movement would still operate at level of service F due to the high delay caused by the large number of northbound left turns. As shown in Table 2,two-way stop control does not provide adequate level of service for left tum movements onto General Sieben Drive as volumes increase. An alternative to operating the intersection with two way stop control is all way stop control. All way stop control operates just as the name states,with stop signs on all approaches. All way stop control is generally reserved for intersections with volumes too high to operate effectively with two-way stop control but not high enough to require a traffic signal. For Mr. Greg Frank -11- May 24,2001 comparison purposes, each of the alternatives at the General Sieben Drive/Wal-Mart access was analyzed with all way stop control,with the results shown in Table 3. Table 3 Weekday P.M.Peak Hour Level of Service Results with All Way Stop Control at General Sieben Drive/Wal-Mart Access PM Peak Hour Eastbound Westbound Northbound Southbound Overall Approach Approach A roach Approach Intersection General Sieben Drive/ Wal-Mart access 2003 Phase 1 B B B B B 2003 Phase 2 C B D B C 2005 Full Development E B F B F As shown in Table 3,under all of the 2003 scenarios all of the approaches and overall intersections operate at level of service D or better. Under the 2005 Full Development scenario, the eastbound approach falls to level of service E and the northbound approach fall to level of service F. In this case,westbound motorists shifting to the north government center access would not improve the intersection level of service because the westbound approach already operates at level of service B. The next type'of intersection control that could be used would be traffic signal control. Using the 2005 peak hour volumes,the peak hour signal warrant requirements were analyzed to determine if the forecasted volumes meet the volume thresholds. The 2005 p.m.peak hour volumes exceed the peak hour warrant volume threshold. With a traffic signal, all movements at the intersection will operate at level of service B or better. Therefore,we recommend that all-way stop sign control be used initially, with the volumes monitored as the areas develops to determine if intersection control changes are necessary. Recommended Geometrics at General Sieben Drive/Wal-Mart Access Intersection Based on the traffic volumes forecasted and the intersection capacity analysis results,we have developed recommended geometrics for General Sieben Drive,as shown in Figure 5. Traffic Operations with Wal-Mart Parking Lot The site plan shown in Figure 2 was reviewed relative to traffic operations within the development. The proposed layout brings entering motorists to the back of the lot via a private roadway,where they can enter the Wal-Mart parking lot or the outlots. Once in the Wal-Mart lot,the motorists can choose the desired aisle to locate a parking space. As in all parking lots,there may be a temptation to cut across vacant parking rows to find a parking spot more quickly. The proposed layout includes raised islands at the end of each parking row,which will help to discourage motorists from cutting across. However, if portions of the lot are empty, some motorists may have a tendency to cut across despite the raised islands. WAL-MART 14' 2 2'1.' GOVT. CENTER ACCESS SOUTH ACCESS �f 4V 2 , 14 e �J m vJ f 14' 2 t ' GOVT. CENTER NORTH ACCESS; - 5 v W ' � •14' 2 _ 16 SCALE 0 25' 50' too' 2 2 1z 1 Wk TH ss rBE'NSHOOF cCOMBS FRANK ROOS. FIGURE 5 ASSOCIATES, INC. TRAFFIC STUDY FOR PROPOSED WAL—MART - RECOMMENDED IN HASTINGS, MN ROADWAY GEOMETRICS & ASSOCIATES, INC. FOR GENERAL SIEBEN DR. . V Mr. Greg Frank -13- May 24,2001 CONCLUSIONS Based on the information presented in this report,we have made the following conclusions: • On an average weekday,the initial Wal-Mart store with gasoline sales is estimated to generate 677 net trips in the p.m.peak hour. The Wal-Mart store with the four outlot uses is estimated to generate 932 net trips in the p.m.peak hour. The expanded Wal-Mart with the four outlot uses is estimated to generate 1,176 net trips in the p.m.peak hour. • It is anticipated that the T.H. 55/General Sieben Drive intersection will operate at acceptable levels of service under both the 2003 scenarios and the 2005 scenario with no changes to the existing intersection geometrics or control. • Two way stop control will not provide adequate intersection operation levels at the General Sieben Drive/Wal-Mart access intersection. Left turns onto _General Sieben Drive will be difficult if two way stop control is used • All way stop control will provide acceptable levels of service at the General Sieben Drive/Wal-Mart access intersection under both the 2003 scenarios. Under the 2005 Full Development scenario,difficulties will likely develop if all way stop control is maintained. • The 2005 Full Development exceed the peak hour warrant volume threshold at the General Sieben Drive/Wal-Mart access intersection. With a traffic signal,all movements at the intersection will operate at level of service B or better. • We recommend that all-way stop sign control be used initially at the General Sieben Drive/Wal-Mart access intersection,with the volumes monitored as the - areas develops to determine if intersection control changes are necessary. I hearby certify that this plan,specification,or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of M' to Date S Z s o j Reg.No. zgg4t • er , c.v LVui -zy .ru i..n n....n ut fkJ..•Vr• - dvte LVA/ .uv.�. , s i.Vi BENSHOOF & ASSOCIATES, INC. ; 'TRANSPORTATION ENGINEERS AND PLANNERS• 10417 EXCELSIOR BOULEVARD,SURE TWO/HOPIGNS,MN 66343/(952)2981867/FAX(862)238.1671 FACSIMILE TRANSMITTAL Date: May.25;2001 3'ob No: 01-30 PLEASE DELIVER TSE.FOLLOWING PAGES)TO: Name: Greg F rank FaxNo.: 763476-3532 • Daily Trip Generation Estimates for the Proposed Wal-Mart'Store in Hastings,MN Greg; ., _ • . . . • Let me know if you have any questions on this information. Seenswio/Land Use she P.M.Peale Hour Dany Trips in Tris Out Lutial Wal-Mart Store Ord Wal Mast 149.551 sa. ft. 253 264 6372 Gasoline Sales 16 vfv so 80 1953 TOWS 333 344 8325 Lutist wal Mart pigs Oudots Wal-Matt 149.551 sq.fL 253 264 . 6372 Gasoline sales 16 ' 80 80 1953 Outlot A—Fast Food Restaurant , 3,000 sq,ft. .47 43 1339 Oudot B-Sit Down Restawrsnt 6,000 sq. ft. 35 23 704 Oudot C—Retail 5,000 sq,R 8 9 299 Oudot D—Feet Food Restaurant 3,000 .$. 47 . 43 1339 Totals 478 462 12006 ended Wal--Mart vim oudots at--Mart 213,350!9. 13 350 .fL 372 389 9368 Gasoline sates 16 t • 80 so 1953 Oad9t A-Fant Food Rostaumf 3.000 ,$. 41 43 1339 Outlot.B—Sit Down Restaurant GM!&.fL 35' 23 704 Oudot C—Retasl 5.000$a. f!, f .. 9 299 Oudot D—Fast Food Restaurant 3,000 sq,fL 47• 43 1339 Totals . 589 587 15002 This transmittal is being sent by: Ed Terhsar If you do not receive 1 pages, including this sheet,please oa119SV238-166?. x' TOTAL 1'.01 r ' VIII B-10 Memo To: Mayor Werner and City Council From: Matthew Weiland, City Planning Director Date: August 29,2001 Subject: Dakota Summit Final Plat Conzemius Dairy Farm has made application and requested final plat approval for 29 acres of property located northwest of the intersection of HWY 55 and General Sieben Dr. A site location map is included in this memo. The final plat proposes to divide this property into 2 commercial lots and one Outlot.This proposed development would include a 149,551 sq ft Wal-Mart retail store with a future expansion space of 63,000 sq ft,a gas station, and 4 retail outlots totaling another possible 14,000 sq ft of retail space.This project may add a total of 253,350 sq ft of retail space to the City. Included with this memo are the following: Final Plat, Land Use Application form, and a Site Location Map. This is a large project with numerous issues to discuss. The City has already spent a lot of time meeting with the Developers and reviewing the prof eci Many recommendations and changes to the project have already been made prior to this meeting.This memo will outline and highlight the main issues and concerns surrounding approval of this project. Background Information Comprehensive Plan Classification:The subject property is classified as Commercial in the City's 2020 Comprehensive Plan. Zoning Classification: The subject property has been re-zoned to C-4 Regional Shopping Center. The proposed development would be a permitted use in this district. Surrounding Properties: The new Hastings High School is being built north of this property,the Dakota County Government Center is located east of the property,vacant farm land is located to the west, and HWY 55 is located to the south. 1 A Final Plat Approval Subdivision Ordinance Requirements:The submittal provided for the Dakota Summit Subdivision meets subdivision ordinance requirements for a final plat submittal and addresses the preliminary plat conditions. The preliminary plat has been approved by the-Planning Commission. The City Council tabled approval of the preliminary plat until 9/4/01. Final Plat approval is contingent on preliminary plat approval by the City Council. The applicant is currently proposing to plat the property into 2 lots and one outlot . 1. High School Plat: The Hastings High School Plat shall be recorded before this plat is recorded. Approval of this preliminary plat is contingent upon the recording of the High School Plat. 2. Streets and Access: The main access to the property will be from General Sieben Dr.This access will be built as an extension of the North frontage through the property from General Sieben Dr to the western property line. There will be sidewalks constructed on both sides of the street.This road is platted as a 40 ft public right of way in the final plat.This road will allow future access to the west of this property. It is anticipated that the Developer will design, finance and construct this road privately. This should be memorialized in a development agreement between the Developer and City which should be recorded against the subj ect property. There will also be two separate accesses to 4'St W. All private drives through the project will be privately built and maintained. 3. Trails and Sidewalks: There will be a 10 ft bike trail extended along the western side General Sieben Dr.A sidewalk will be extended from the General Sieben Dr Bike Trail west through the parking lot to the front of the Wal-Mart Store. Sidewalks will be constructed on both sides of the North frontage road. A bike trail connection also extends from the General Sieben Dr trail to the sidewalk in the retail outlot area. Bike racks should be placed at the front of the store. 4. Site Grading&Storm Water Management: The stormwater plan has been reviewed and approved by the Public Works Director with the following comments: 1. The stormwater plan shall be reviewed by BARR Engineering and any BARR Engineering comments shall be incorporated into the stormwater plan. 2. The Developer shall be responsible for the costs of the BARR Engineering stormwater plan review. 3. The storm water pond shall be sealed and the slopes of the pond shall not exceed 5 to 1 slopes. 4. If the developer fences the pond,the fence shall be a decorative fence,subject to the approval of the City Planner. 2 5. The developer shall provide documentation that common open space and ponding basins shall be privately maintained by a development association and not the city. 3. Utilities: The Public Works Director has reviewed the utility plans and has approved them with the following comment: 1. A fire hydrant shall be placed within 50 ft of the"Y"connection on the rear of the building. 4. Public Land Dedication/Sidewalk Trails: The Park land dedication fee for this development is$1,500 per platted acre. This amounts to$33,795.0 for the 22.53 acres. The park dedication shall be paid prior to the release of the final plat hard shells.The outlot will be required to pay Park land dedication fees when it is platted. 5. Interceptor Sewer Fee: Per City Ordinance, a condition of this plat approval shall be that the applicant shall pay 6 interceptor sewer charges per developable platted acre at a rate of $310.00 per sewer interceptor charge.The sewer interceptor fee amounts to$41,905.80 for the 22.53 acres being platted at this time. This fee shall be paid prior to the release of the final plat hard shells. The outlot will be required to pay sewer interceptor fees when it is platted. 6. Drainage and Utility Easements: Drainage and Utility easements on the final plat hard shells shall be modified as follows: a. The drainage and utility easement along the southern property line of outlot A shall be increased 20 ft. 7. Sidewalk and Trail Easements: The following Sidewalk and Trail Easements shall be prepared as part of the final plat. 1. 10 ft sidewalk/trail easements shall be prepared for the north and south side of the North Frontage Rd Right of Way. 2. 10 ft Trail easements shall be prepared for the bike trail long the eastern property line,where the bike trail is located out of the public right of way. - 8. Road Improvements: The City had planned on resurfacing General Sieben Dr this year (200 1)and adding bike trails to both sides of the street.The City has decided to postpone the road construction until next summer (2002), based on the impacts of the new retail development.The new retail development will involve a major road reconstruction with the addition of turn lanes. The additional right of way(14 ft)needed for the road improvements will come form the Dakota Summit Plat.This additional right of way shall be identified on the final plat as General Sieben Dr right of way. No retail development on the Dakota Summit property will be allowed to open to the public, until the road improvements have been constructed. The cost for the new road improvements shall be agreed to in the 3 development agreement. A bike trail may still be constructed on the eastern side of the road this year(2001), if trail easements can be obtained form Dakota County. 9. Traffic Issues: Traffic is a major concern for this project.A traffic study was done as part of EAW for this project(enclosed). The traffic study outlined recommendations for traffic control in this area as the project is developed. The main traffic issue is for people leaving the Dakota County Government Center. People will have a difficult time taking a left turn south to Hwy 55. This movement fails after the first phase of development. Over time, people will learn to use the other exit north of the main access to go left. The traffic study did recommend an all-way stop for this intersection,but the City and County do not agree with this recommendation. This could create major peak hour traffic problems. The intersection would meet warrants for a traffic signal at full development, but this also presents issues for peak hour travel.The City is currently working with the County to resolve this traffic issue. The intersection of General Sieben Dr and HWY 55 continues to operate at a level of service "C"or better through full development of the property. 10. Traffic Controls: A traffic signal may ultimately be installed as part of this proposed development. The proposed signal would be installed at the intersection of the main access (north frontage Rd access)and General Sieben Dr.The Traffic Study has demonstrated that this signal may be required at some point in time based on full development of the project. The timing of when these signals get installed it as the discretion of the City. The cost and timing of these traffic signals should be addressed as part of the development agreement. A feasibility study should be prepared to determine trips. Costs should be divided based on benefit, such as the General Sieben Dr/Hwy 55 Traffic Signal. The City may ultimately be responsible for a percentage of the cost of a traffic signal. The Planning Commission recommended that a traffic signal should be installed before the Wal-Mart store is opened on the site and that Wal-Mart should pay for the traffic signal, subject to the approval of the City, Dakota County, and the High School. City staff has still not concluded that a traffic signal is necessary for this project. The concern is to keep the peak hour traffic form the high school and government center moving safely and efficiently. The City will have a year before any development opens on this site, to monitor and study the high school and government center traffic. 11. EAW Issues:A number of issues were raised as part of the EAW for this project. The main concerns were with traffic and the geology in the area.Dakota County raised the following concerns: The EAW states that groundwater was not encountered in the soil borings conducted to depths of20 feet. The geotechnical borings were not provided for review. No environmental borings were conducted, and no other environmental investigations were considered. The property's pre- development surface elevation ranges from 920 feet above mean sea level(amsl)on the southwest to 890 feet amsl on the northeast.The estimated elevation of the unconfined Prairie du Chien dolostone aquifer is about 720 feet amsl, with approximately a northeasterly gradient. 4 The EAW does not address the possibility ofsubsurface karst landforms on the proposed development property, such as sinkholes and solution cavities. Although no such phenomena are known to be located on the property, they are known to exist 1/4-mile east at the Dakota County Government Center. Based on the above comments,the structural stability of buildings,tanks,utility runs,etc., should be evaluated. Surface geophysical surveys followed by ground-truthed borings, wells and trenches may better evaluate such potential site hazards. The developer has provided detailed soil boring analysis which addresses Dakota County's concerns. The developer will be required to address the County's concerns before grading permits are issued. 12. Site Plan Review-Future development on the property shall obtain Site Plan approval from the City prior to issuance of any building permits. 13. Outlots: Outlots shall be re-platted before they can be developed. Planning Consideration: This final plat is consistent with the City's 2020 Comprehensive Plan. It provides future road connections to the west, which will eliminate access from HWY 55. The traffic issues along General Sieben Dr can be addressed as part of any development of the property. Planning Commission Recommendation:The Planning Commission recommended approval of the Dakota Summit Final Plat at their 8/27/01 Planning Commission meeting,subject to the conditions listed below. Recommended Action: Final Plat Approval Motion to recommend approval of the Dakota Summit Final Plat, subject to the following conditions: 1. That the Hastings High School Plat shall be recorded before this plat is recorded. 2. That final plat approval is contingent upon preliminary plat approval by the City Council. 3. The stormwater plan shall be reviewed by BARR Engineering and any BARR Engineering comments shall be incorporated into the stormwater plan. 5. The Developer shall be responsible for the costs of the BARR Engineering stormwater plan review. 6. That the storm water pond shall be sealed and the slopes of the pond shall not exceed 5 to 1 slopes. 7. That If the developer fences the pond, the fence shall be a decorative fence, subject to the approval of the City Planner. 5 8. The developer shall provide documentation that common open space and ponding basins shall be privately maintained and not the city. 9. All disturbed areas on this property shall be stabilized with appropriate cover to eliminate erosion problems. 10. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 11. That a fire hydrant shall be placed within 50 ft of the "Y" connection on the rear of the building. 12. That park dedication fees of$33,795.00 for the 22.53 acres,shall be paid prior to the release of the final plat hard shells. Outlot A will be required to pay park dedication fees when it is platted. 13. That the Developer shall incorporate MNDOT's comments into the preliminary plat or site plan. 14. That the developer shall pay 6 interceptor sewer charges per developable acre at a rate of $310.00 per sewer interceptor charge. These fees amount to $41,905.80 for the 22.53 acres being platted at this time. This fee shall be paid .prior to the release of the final plat hard shells.Outlot A will be required to pay sewer interceptor fees when it is platted. 15. That the Developer shall obtain Site Plan approval from the City prior to issuance of any building permits for any future proposed developments on property. 16. That Drainage and Utility easements on the final plat shall be modified as follows: a. The drainage and utility easement along the southern property line of outlot A shall be increased 20 ft. 17. That the following Sidewalk and Trail Easements shall be prepared as part of the final plat. 1. 10 ft sidewalk/trail easements shall be prepared for the north and south side of the North Frontage Rd Right of Way. 2. 10 ft Trail easements shall be prepared for the bike trail long the eastern property line, where the bike trail is located out of the public right of way. 18. That no retail development on the Dakota Summit property will be allowed to open to the public,until the General Sieben Dr road improvements have been constructed. 19. That the cost for the General Sieben Dr road improvements shall be agreed to in the development agreement. 20. That a traffic signal should be installed before the Wal-Mart store is opened on the site and that Wal-Mart should pay for the traffic signal, subject to the approval of the City,Dakota County,and the High School.This shall be agreed to in a development agreement 21. That the developer shall address Dakota County's concerns about the geology of the property,prior to the City issuing grading permits. 6 22. That the gas station shall obtain a special use permit as part of the site plan approval for the gas station. 23. That the Developer shall be required to replat outlots before they may be developed 24. That the Developer shall enter into a Development Agreement with the City to memorialize conditions of preliminary plat approval and that the executed Agreement shall be recorded against the subject property prior to issuance of an grading and/or building permits. 7 LAND USE APPLICATION CITY OF HASTINGS..' 101 4th Street East,Hastings, MN 55033 - Phone(651)437.4127 Fax (651)427.7082 Address of Property Involved: SOUTHWEST CORNER OF GENERAL SIEBEN DRIVE & WEST 4TH STREET Legal Description of Property Involved: (ATTACHED) Applicant: Official Use Only Name CONZEMIUS DAIRY FARM Date Rec'd Address 124 FARM STREET File No. HASTINGS, MN 55033 Fee Paid Phone 651-437-6809. Rec'd by Fax 952-831-8023 Ordinance# ATTN: NICK CONZEMIUS Section Owner(If different from Applicant): '`" ' App. Com. Name NICK CONZEM i US ET AL Address 124 FARM STREET HASTE -t NN 55033 Phone 651-437-6809 Fax 952-831-8023 Request: Special Use: $200 (GAS STATION AND TIRE/LUBE ON STORE) Rezone: $250 (C-4 FROM AG) Subdivision: $320 (PRELIMINARY AND FINAL PLAT) Comp Plan Amend: N./A Vacation: $100 (RIGHT-OF-WAY OLD FRONTAGE ROAD) Site Plan: $200 (RETAIL STORE ON LOT 1, BLOCK 1) Other: (CONCEPT PLAN FOR OUTLOT) Variance: N/A TOTAL: $1,070 Description of Request(include site plan, survey, and/or plat if applicable): REZONE 29-ACRE PARCEL TO C-4 (PER LAND USE PLAN) FROM AG; PRELIMINARY AND FINAL PLAT FOR 29-ACRE PARCEL INTO ONE 24-ACRE LOT AND ONE 5-ACRE OUTLOT; SITE PLAN FOR 24-ACRE PARCEL FOR A RETAIL STORE AND A SPECIAL USE PERMIT FOR THE RETAIL STORE SITE FOR GASOLINE SALES AND TIRE/LUBE -EXPRESS (AUTOMOTIVE SERVICE); CONCEPT PLAN FOR 5-ACRE OUTLET PARCEL; AND VACATION OF RIGHT-OF-WAY_ Sign tur of ApplicanDate1p I of 0 er Date Applicant Name and Title-Please Print Owner Name-Please Print I • 1 tt ■ 111 1!I ' -�` �;II �_.��{{ r � gjr .c, m iT,Tf IME Ell 011 ib r Irl G 51 C, - ..� 01 I j = I 1 _ isscaAi�i i ! .....`.( ..._»�_ 2— =0lM1Dt lnl---� . r--------------- __ .. ----ten-------------------- 1-—--- Y _�1nnY¢MO Yi1tt EaYltn i } i :. ;M q • � Ci +1 I } I 06,O� cIr All pit 1 ~ I I c'i -- ------ geurnyi- i GENERA!.SIEBEN DRIVE., ~}: too+r4sx,,. ..�I72w aaucaxcm io.m cid Si::i'310.41 •LL p _ L''?r G _ .� __ __�_ _� vss'�`m Rn SliS6'0Y'Y W�iki,•. �f D I • O y vigil I A.xa � 0 F VIII B-11 Memo To: Mayor Werner and City Council From: Matthew Weiland, City Planning Director Subject: Site Plan Review-Wal-Mart Date: August 29, 2001 CC: Greg Frank Note: This item was tabled at*the 8/20/01 City Council meeting at the request of the developers. Wal-Mart has made application and requested site plan approval for the construction of a new 149,551 sq ft Wal-Mart Store on 23.64 acres of property located North of Highway 55 where it intersects General Sieben Dr. A site location map is included in this memo. The Wal-Mart Store would include a garden center, a tire and lube center, and a gas station. A Master Plan and Preliminary Plat are also being reviewed for this property. Approval of the Wal-Mart Site Plan will be contingent upon the approvals of these items.Some of the information included in this memo was also included in the memo pertaining to the Master Plan and Preliminary Plat. This memo will also focus on Wal-Mart specific related issues. Included with this memo are the following:Site Plan,Preliminary Plat, Land Use Application form, and a Site Location Map. Background Information: Comprehensive Plan : The subject property is guided for Commercial use in the City's 2020 Comprehensive Plan. The proposed Wal-Mart Store development is a consistent and permitted use for this land use. Zoning Classification: The subject property has been re-zoned to C-4 Regional Shopping Center. .The proposed development would be a permitted use in this district. Surrounding Properties: The new Hastings High School is being built north of this property,the Dakota County Government Center is located east of the property,vacant farm land is located to the west, and HWY 55 is located to the south. Wal-Mart Page 2 August 16,2001 Zoning Setback requirements: Proposed parking areas are in compliance with zoning ordinance parking lot setback requirements (10' minimum front/back and from residential uses). Building setbacks in the C-4 Zone District are established through site plan review. It is.the opinion of staff that the proposed building is rationally sited relative to other structures in the general area. The proposed uses and lot layout are appropriate.The retail outlots on the front of the site will buffer and break up both the large building and parking lots. The ponding basin to the north also provides a green space buffer between this development as it transitions into the high school campus. Number of Parking Spaces: The Zoning Ordinance standard of 1 parking space per 200 sq. ft. of gross building area for general retail use would translate into a need for 748 parking spaces. The applicant is providing 717 regular stalls and 12 handicap stalls for a total of 729 stalls. Staff would recommend that this number of parking spaces is adequate for the development at this time. There is plenty of expansion area left for future parking. Traffic Circulation Issues:Traffic Circulation within the site flows well.There is one main access to General Sieben Drive and two accesses to 41 St W. The North Frontage Rd extension through the property will allow future connections to the property to the west. Road Improvements:The City had planned on resurfacing General Sieben Dr this year(200 1)and adding bike trails to both sides of the street. The City has decided to postpone the road construction until next summer(2002),based on the impacts of the Wal-Mart development. The Wal-Mart will require major road changes to General Sieben Dr,including the addition of turn lanes.Wal-Mart will not be allowed to open to the public,until the road improvements have been constructed. Traffic Issues: Traffic is a major concern for this project.A traffic study was done as part of EAW for this project(enclosed). The traffic study outlined recommendations for traffic control in this area as the project is developed. The main traffic issue is for people leaving the Dakota County Government Center. People will have a difficult time taking a left turn south to Hwy 55. This movement fails after the first phase of development.Over time,people will learn to use the other exit north of the main access to go left. The traffic study did recommend an all-way stop for this intersection, but the City and County do not agree with this recommendation. This could create major peak hour traffic problems. The intersection would meet warrants for a traffic signal at full development,but this also presents issues for peak hour travel. The City is currently working with Dakota County to resolve this traffic issue. This intersection traffic issue must be addressed before building permits are issued. The intersection of General Sieben Dr and HWY 55 continues to operate at a level of service "C" or better through full development of the property. Traffic Controls: A traffic signal may ultimately be installed as part of this proposed development. The proposed signal would be installed at the intersection of the main access (north frontage Rd Wal-Mart Page 3 August 16,2001 access)and General Sieben Dr. The Traffic Study has demonstrated that this signal may be required at some point in time based on full development of the project. The timing of when these signals get installed it as the discretion of the City. The cost and timing of these traffic signals should be addressed as part of the development agreement. A feasibility study should be prepared to determine trips. Costs should be divided based on benefit, such as the General Sieben Dr/Hwy 55 Traffic Signal. The City may ultimately be responsible for a percentage of the cost of a traffic signal EAW Issues: A number of issues were raised as part of the EAW for this project. The main concerns were with traffic and the geology in the area. Dakota County raised the following concerns: The EAW states that groundwater was not encountered in the soil borings conducted to depths of20 feet. The geotechnical borings were not provided for review. No environmental borings were conducted, and no other environmental investigations were considered. The property's pre- development surface elevation ranges from 920 feet above mean sea level(amsl)on the southwest to 890 feet amsl on the northeast. The estimated elevation of the unconfined Prairie du Chien dolostone aquifer is about 720 feet amsl, with approximately a northeasterly gradient. The EAW does not address the possibility ofsubsurface karst landforms on the proposed development property, such as sinkholes and solution cavities. Although no such phenomena are known to be located on the property, they are known to exist 1/4-mile east at the Dakota County Government Center. Based on the above comments,the structural stability of buildings,tanks,utility runs,etc., should be evaluated. Surface geophysical surveys followed by ground-truthed borings,wells and trenches may better evaluate such potential site hazards. The developer has provided detailed soil boring analysis which addresses Dakota County's concerns. The developer will be required to address the County's concerns before grading permits are issued. Sanitary,Water,Storm Sewer and Grading Plans: The Public works Director has reviewed the proposed grading and utility plans for Wal-Mart and has approved them in concept. Lighting: The lights proposed for the Wal-Mart Parking Lot must be recessed with 90 degree cutoff shields to direct light straight down. Staff has visited other recently developed Wal-Marts sites and have found the proposed lighting to be consistent with the approach to site lighting used in other communities. Site Landscaping: The Landscape plan compliments the site and the building. There are trees proposed to be planted in the parking lot islands which will help break up the large parking lots and will also help to the parking lot cool as they mature. The entire eastern and southern parts of the building are buffered with 6-8 pine trees which softens the large walls. The ponding basin is being planted with a wetland seed mix of native vegetation. This is working successfully in Woodbury ponds. The Planning Commission also recommended replacing the sod in the future expansion areas Wal-Mart Page 4 August 16,2001 with native vegetation. The main reason for this is to cut down on irrigation in order to conserve water. City staff would recommend the following additions to the landscape plan to further enhance and buffer the development. 1. Landscaping shall be irrigated. 2. Future expansion areas shall be evaluated to be planted with native and natural vegetation instead of sod. 3. Foundation plantings shall be added to the front of the building. Retaining Walls: A retaining wall be built along the eastern property line along General Sieben Dr. This retaining must have a fence along the top of it. The fence should be a decorative rod iron fence matching the garden center rod iron fence. Trail Connections: There will be a 10 R bike trail extended along the western side General Sieben Dr. A sidewalk will be extended from the General Sieben Dr Bike Trail west through the parking lotto the front of the Wal-Mart Store. A bike trail connection also extends to the sidewalk in the retail outlot area. Bike racks should be placed at the front of the store. Building Elevations: City staff has worked hard with Wal-Mart to create a building that compliments and enhances the buildings in the area.This is a sensitive location with two large well designed public buildings in the area. This building will become a part of the institutional campus. The building has dark brick wainscoting that will compliment the brick buildings in the area. The building has dark colors and accent banding that extends around the entire building. Columns that extend above the roof line have been added to the front of the building to break up the long walls and roof lines. The loading dock area is screened by a large screening wall built in the same materials as the primary building. _ Waste Disposal:The dumpsters are screened form view with a screening wall built from the same materials as the primary building.No outdoor storage shall be allowed on site,unless it is screened from public view with screening walls built from the same materials as the primary building. Gas Station: The gas station shall be required to obtain a special use permit as part of the site plan approval for the gas station. MNDOT(Minnesota Department of Transportation): The city is currently waiting for comments from MNDOT on the proposed site plan. MNDOT has review authority over property adjacent to their right of way. It is anticipated that since this project has no direct connection to HWY 55,that MNDOT's comments will focus on the traffic issues and signals and not on the actual site plan. A Wal-Mart Page 5 August 16,2001 condition of site plan approval will be to incorporate any of MNDOT's comments into the site plan. Wal-Mart Relocation Concerns: City Staff and the City Council have been receiving numerous concerns from citizens about the project. They are concerned about why Wal-Mart is moving and what will happen with the existing Wal-Mart location.Wal-Mart representatives will address these concerns at the Planning Commission and City Council meetings. The City may ask for these questions to be addressed,but must base the decision on the new Wal-MArt site plan on the merits and issues of the new location only. Wal-Mart has indicated to City staff that they are actively marketing the building for a new tenant. Eco Wal-Mart-There is an enclosed memo that outlines ECO Wal-Mart strategies used in their buildings. The building will use an innovative lighting and heating system to conserve energy. The developers will explain these innovations further at the meeting. Wal-Mart Petition: A petition opposed to Wal-Mart is enclosed. There are no addresses, so the residency of the petitioners could not be verified. Wal-Mart Information:A packet of Wal-Mart information is enclosed addressing their reasons for moving and their plans for the existing store. Summary:The proposed Wal-Mart Store is well designed and is located in an appropriate location to handle the increased traffic it will.cause.The traffic issues associated with the project would have to be addressed as part of any development of the property. The traffic issues can be addressed with Dakota County._ This property was guided commercial for a project like The infrastructure is in place to serve this project and the traffic caused by this development can be adequately handled with the existing traffic signals in place and possible future installation of a traffic signal. Public comment:Please refer to the attached minutes of the 8/13/01 Planning Commission meeting to review public comment. Most comments revolved around the impact of Wal-Mart moving. Planning Commission Recommendation:The Planning Commission recommended approval of the Wal- Mart Site Plan at their 8/13/01 Planning Commission meeting, subject the conditions listed below. Upon vote taken,Ayes 7,Nays 0.Motion carried. Recommended Action: Wal-Mart Site Plan Motion to the approval of the Wal-Mart Site Plan subject to following conditions: Wal-Mart Page 6 August 16,2001 1. That the property is rezoned to C-4 Regional Shopping Center 2. That the property is final platted. 3. That the Developer shall incorporate MNDOT's comments into the preliminary plat or site plan. 4. That the Wal-Mart store shall not be allowed to open to the public, until the General Sieben Dr road improvements have been constructed. 5. That the traffic issues with Dakota County shall be resolved, before building permits are issued. 6. That the landscape plan shall be modified as follows,subject to the approval of the City Planner. a. Future expansion areas shall be evaluated to be planted with native and natural vegetation instead of sod. b. Foundation plantings shall be added to the front of the building. 7. That a decorative rod iron fence matching the garden center rod iron fence shall be placed along the top of the retaining wall. S. That bike racks shall be placed at the front of the store. 9. That no outdoor storage shall be allowed on site, unless it is screened from public view with screening walls built from the same materials as the primary building. 10. That the gas station shall obtain a special use permit as part of the site plan approval for the gas station. 11. That the proposed structure and accessory items including,but not limited to, the parking lot and landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building, all uncompleted items Wal-Mart Page 7 August 16,2001 contained within the site plan shall be addressed pursuant to city code escrow requirements. 12. Landscaping shall be irrigated. LAND USE APPLICATION CITY OF HAST1NQS 101 4th Street East,Hastings„MN 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: SOUTHWEST CORNER OF GENERAL S 1 EBEN DRIVE & WEST 4TH STREET Legal Description of Property Involved: (ATTACHED) Applicant: Official Use Only Name CONZEM 1 US DAIRY FARM Date Rec'd Address 124 FARM STREET File No. HASTINGS, MN 55033 Fee Paid Phone 651-437-6809. Recd by Fax 952-831-8023 Ordinance# AM: NICK CONZEM 1 US Section Owner(If different from Applicant): App. Com. Name NICK CONZEM I US ET AL Address 124 FARM STREET HASTINGS MM S1;03Z Phone 651-437-6809 Fax 952=831-8023 Request: Special Use: $200 (GAS STATION AND TIRE/LUBE ON STORE) Rezone: $250 (C-4 FROM AG) Subdivision: $320 (PRELIMINARY AND FINAL PLAT) Comp Plan Amend: N/A Vacation: 5100 (RIGHT-OF-WAY OLD FRONTAGE ROAD) Site Plan: $200 (RETAIL STORE ON LOT 1, BLOCK 1) Other: (CONCEPT PLAN FOR OUTLOT) Variance: N/A TOTAL: $1,070 Description of Request (include site plan, survey, and/or plat if applicable): REZONE 29-ACRE PARCEL TO C-4 (PER LAND USE PLAN) FROM AG; PRELIMINARY AND FINAL PLAT FOR 29-ACRE PARCEL INTO ONE 24-ACRE LOT AND ONE 5-ACRE OUTLOT; SITE PLAN FOR 24-ACRE PARCEL FOR A RETAIL STORE AND A SPECIAL USE PERMIT FOR THE RETAIL STORE SITE FOR GASOLINE SALES AND TIRE/LUBE EXPRESS (AUTOMOTIVE SERVICE); CONCEPT PLAN FOR 5-ACRE OUTLET PARCEL; AND VACATION OF RIGHT-OF-WAY. ti Sign tLlr of ApplicanDate 2rigna of 0 er Date Applicant Name and Title-Please Print Owner Name -Please Print • r r • .,��f.n- -inm�r - �� • �rw� Mi •s m �lui/�� 4.ee v: �✓. 'f I �� CJI im pro NO- I ORE Pylu � c Planning Commission Members, We are a group of citizens concerned with the purposed over retailing of our community, and the expansion of"Supercenter Sprawl" in Hastings. In this letter we will present many reasons to oppose and/or postpone the proposed development of Dakota Summit. 1. Traffic that is generated by a Supercenter, in deliveries alone, can be up to 210 multi-axle trucks per week. That doesn't even take into consideration employee and consumer traffic, which constitutes a considerably large number of vehicles, as well. In an area that is going to house our new Senior High School and already houses the County Courthouses and Jail, the added traffic will create several dangerous intersections. The addition of traffic control devises will only slow down and congest an already busy road (MN State Hwy 55), and who is to bare the expense of all the changes? We just want a smarter kind of retail! 2. A large retail expansion like "Dakota Summit" brings more crime to our community, and the need for more public safety personnel. Who will bare the cost of additional police officers/equipment to handle the need? 3. What are the plans for the existing Wal-Mart building and mall area? Is it to be like any one of hundreds cities across America, where Wal-Mart vacates a building and it sits empty, and litters our landscape? What will happen to the other businesses that occupy the rest of the Mall? Do you really think they will survive without the traffic Wal-Mart provided for them? The writing is on the wall from one community to another across America, those businesses will not survive unless another large anchor tenant enters the picture, and that's not very likely with a Wal-Mart Supercenter in town. 4. A Wal-Mart Supercenter will not bring any new products or services to Hastings which aren't already present. It will only add a predatory competitor to the business community. Wal-Mart is one of the wealthiest companies in the world, (St Paul Pioneer Press June 22, 2001 listed the top ten wealthiest people in the United States and 5 of those people are Waltons, the owners of Wal-Mart) and it will use it's money to target and destroy existing businesses in the community. It has happened in hundreds of cities across the country. Here is a comment made by Glenn Falgoust, about Donaldsonville, Louisianna to 60 Minutes, April 30, 1995; "In the ten years before Wal-Mart opened, we had a total of 20 business failures. In the ten years after Wal-Mart was here, we had 185 business failures. You could buy a bicycle in eight locations in this town. Today, if you want to buy a bicycle, you can only buy it at Wal-Marta Is it the plan to let Wal-Mart come in and destroy the existing business community? Lets look at the list of businesses that will be affected by Wal-Mart, Pharmacies/Drug Stores, Automotive Stores, Eye Care Retailers, Gas Stations, Office Supply Stores, Sporting Goods Stores, Hardware Stores, Grocery Stores, Jewelry Stores, Farm and Home Stores, Furniture Stores, Pet Stores, Appliance Stores, and the list goes on. All of these businesses provide jobs that in many cases are living wage providers (owners and full time employees). Wal-Mart employees are compensated at sub standard wages and benefits, and few positions are of the level that would be considered a living wage. Here is a quote from Ed Boyle, Mayor of North Olmsted, Ohio on October 25"` 1997; "They claim retail rezoning will bring jobs and tax income to our community. These are part-time, minimum wage jobs that produce very little in income taxes.", Now, after we have lost all these existing businesses/jobs what happens to the tax base in Hastings? Citizens lose jobs/ income, housing market is destroyed because without income people will be forced to sell homes and move or down size. With a glut of houses on the market the value drops which reduces property taxes. As businesses fail the value of commercial property will fall and again property taxes decline. Will the Wal- Mart Supercenter replace the lost revenues? Not a chance! Lets go back and look at another Wal-Mart tactic, once they have eliminated the competition the prices will begin to rise. You only have to drive two hours North of Hastings to the community of Little Falls. Once the competition was eliminated the prices began to go up. This is evident when you drive another 45 minutes further North to Brainerd where some competition is barely holding on. The prices there are considerably lower. 5. Typically Wal-Mart only stays around long enough to gain control of the local business and then they move along (about 8-10 years on average). Leaving another empty blue box and moving just far enough to destroy more businesses, but not lose the customer base they have already gained. Again Hastings would be on the losing end, because now they (Wal-Mart) are in another community and are paying property taxes etc. there. Archer Hoyt, Past President, Hearne, Texas Chamber of Commerce had this to say in October of 1993; "They destroyed all of their competition and now we can not get anyone to reopen here. We have no place to buy a man's dress shirt, blue jeans for men...They have also pulled out of other towns since then. They are not as stable as they would lead you to believe.", 6. Hastings is a wonderful classic Midwest small town with steady growth in both housing and business. Why should we allow it to be destroyed by a company that is not even based in Minnesota? All of it's income is sent to Bentonville, Arkansas, and will not benefit Hastings one tenth as much as the existing Hastings owned businesses. In June of 1988 Harry Hammond, Mayor of Europa, Mississippi, had this to say; "It's devastated our downtown. The mom and pops are closed up ...overall I'd have to say it's been a negative for our town.", Hastings has a business community that is growing at a rate comparable to its population growth. Our downtown area is quaint and businesses have done remodels and face lifts to accent our historic buildings. Why should we sacrifice it for a big out of town/state business? 7. When Iowa State University Professor Ken Stone examined the sales changes in Iowa small towns from 1983 to 1993, he discovered "a huge shift of sales to larger towns and cities, with substantial amounts captured by mass merchandise stores." Stone estimates that the total number of businesses lost in small towns and rural areas was 7,326 in the decade studied. Iowans spent $425 million more at discount stores, but $153 million less at variety stores, $129 million less at grocery stores, $94 million less at hardware stores, $47 million less at men's and boy's apparel stores, and so on. In the eleven store types studied, businesses lost more than $603 million in sales. In this ten year period,Iowa lost: 555 Grocery stores 298 Hardware stores 293 Building supply stores 161 Variety stores 158 Women's apparel stores 153 Shoe stores 116 Drug stores 11 I Men's and boy's apparel stores Is this the bandwagon Hastings wants to get on? 8. Let's look at other "Big Box" retailers, Target came to Hastings about a year ago. Why didn't they put a Supercenter in Hastings? It doesn't fit! The demand is not here. They knew Hastings didn't need a large Supercenter, and they were right. You can go into the Hastings Target at just about any time of day and not have to wait in check out lines. The need is not here, and it wasn't Targets plan to enter a community and destroy the existing businesses, like Wal-Marts do. They brought an appropriate sized store to town so as to compliment and enhance the community, not ruin it. How do we as Citizens, Planning Commission Members, and Council Members stop this Superstore Sprawl? Before land is rezoned we need to look at all the effects it will have on the community, environment, economy, safety and quality of life. Many communities are setting build size limits (e.i. 100,000 sq. ft)to make the Supercenter more compatible with existing businesses, and allow for controlled growth. This rezone/development needs to be tabled until all the necessary studies and plans are in place to proceed sensibly. Every member of the Planning Commission and City Council should do some background research on Supercenters (one example would be to read Al Norman's book Slam-Dunking Wal-Mart! How You Can Stop Superstore Sprawl in Your Hometown). There are many other studies and articles written on the problems caused by superstore sprawl dating from the 1980s to the present, but none written on the great benefits that superstores provides for a community. Communities as close as Apple Valley and Northfield have stopped Supercenters from being built. We would like to end with a-couple more quotes from citizens of other communities that have been affected by Supercenter; "Growth must come at a pace that a community and its residents can sustain, and in a location and manner that compliments the integrity of a community. If Wal-Mart can conform to these community needs, its welcome. If not, we are not interested in letting it open its doors." Stan Cox, Simcoe, Ruidoso, Canada, 1995 "What the residents are objecting to is a powerful, monied corporation that is absolutely insensitive to the needs of the neighborhood and only interested in making money trying to use its wealth and legal power to push onto this neighborhood a commercial venture that wasn't ever intended." Sheila Slomski, Mesa Arizona, January 1999 Please help keep Hastings a community we can all prosper in and be proud of. Thank you! Slam-Dunking Wal-Mart, How You Can Stop Superstore Sprawl In Your Hometown, by Al Norman Raphel Marketing 1999. i i _-3{ io- 711tel 16. LA t a --In Op-__ 2Gr6-4 KVS�j 1 43' _ ark I -- -X61•- - - --- �Y; ._"SeannL__/°�� i 1 5, I r�d� --- -- --..I Z(.p -- -- --- ----- -----.__ ...... ------ 15 3 .. 1z, - w. p --------...... ".-pub 01 . : Z , -----------_--1_.3.11 --. �'"�-_..��--------------------------- -15$ �_ - _ ---- .._.._._..__ . 1 lGl� /9 �, i o va n 4.13 l9Jj., Ge ti e3' g. $»$ #g.F Oco •II C C .. all ffj���'•+•� LYF•i�� � Gds b }'$+�' �g a ®. �. cx 0 cn o �• w �'�' �o o �.E1,�oa �� Elf a �� pm, �� • � �f(�T•fA �Pl y- � o- reo�� •'� �.,�+ sl� nom', ago CD cOr• �. Ows gy ' a mig� �° �•`° �F�� off , Mao ccbbAvg a °° m ` w co•� �' 1 9 m X11 CAI C05 In o o• owaaoopfPe�' 3es�� �`fR 1 prop R� �� to•!7 �R•�';»s`� ^' ."7 Car � �• �yO't�� - � ,� ' � ar 5 d �" `�•a d o,`�` ea as C,on ,oC a•Sol MAO I Pig ct CA w cr cr y L•F O a'lrip 11 at a.CD 'yb r SUBJECT: ECO Wal-Mart Stores 1. Daylighting(shyl ghts1dimJning): Every facility Wal-Mart builds today from the ground up includes this system. No other big box or national retailer that Wal-Mart is aware of has a similar system. (Some manually turn off lights, or some automatically turn off some lights, but no one that Wal-Mart knows of automatically and continuously, dims all of the lights as the daylight contribution increases). This system was first utilized in City of Industry, California(1995), which was a project whereby Wal-Mart collaborated with Southern California Edison and the California Energy Commission on testing systems to decrease utility requirements. Currently, across the United States, we have nearly 600 stores, supercenters, Sam's Clubs, and Neighborhood Markets with this system (Nearly 90,000,000 square feet). Currently this results in an annual savings of approximately 250 million KWH or 16 million dollars in utility savings per year to this system. This is enough power to supply 23,000 homes for approximately one year. We will add/convert_another 200-300 facilities each year. 2. Energy effrcient HVAC units: Wal-Mart utilizes "super"high efficiency packaged HVAC units. While the industry standard EER (Energy Efficiency Ratio) is 9.0... our units are rated at between 10.0 and 11.0. These units range between 4-17% more efficient than required by California Title 24, the most stringent energy code in the country. 3. White Roofs: Wal-Mart has a"white"membrane roof vs. most applications that are a darker color. The high solar reflectivity of this membrane results in lowering the"cooling"load by about 8%. 4. Interior Lighting retrofit program: All new stores/supercenters utilize T-8 fluorescent lamps and electronic ballasts. This is the most efficient lighting system on the market. Prior to the mid 90s this technology did not exist. Wal-Mart is aggressively retrofitting these older stores and upgrading to the new technology. Our plans are to retrofit approximately 300-400 stores this year. The energy load is reduced by approximately 15-20% as a result of this upgrade. . (I may also mention as part of this discussion our use of"low-mercury" lamps.... these lamps, unlike all other fluorescent lamps, are not considered to be a hazardous material and are considered to be very"green friendly".... they can be disposed of with no special precautions. However, out of concern for the environment and the well-being of our associates, Wal-Mart have volunteered to recycle these lamps anyway instead of simply placing them in a landfill.) S. How Wal-Mart compares with California Title 24 energy requirements: The bottom line is that even compared against California's Title 24, Energy Efficiency Standards (the most aggressive of any state) our buildings are well below the stated guidelines. Wal-Mart did not have to make any special modifications in order to comply with Title 24. The specifics are: From a cooling load standpoint, our prototypes range from being anywhere between 16% and 24%more efficient than required by Title 24. Our HVAC units range anywhere from 4%to 17%more efficient than required by Title 24. Our interior lighting is 30%more efficient than what is required by Title 24. Self-generation tests: Wal- Mart is currently working with San Diego Gas & Electric in testing the potential for self- generation at a Sam's Club in Chula Vista, CA. The ultimate goal would be for this facility to be completely self-supported from an electrical standpoint. 6. Comparison of interior lighting load levels against other big box users: Our studies show that our energy requirements for interior lighting are between 25-35%less than our other big box SuperCenter competitors. (Results would be similar for standard - General Merchandise stores). 7. Efforts exclusive in Supercenters: Wal-Mart uses (reclaim) the "heat of rejection" from our refrigeration equipment to generate hot water. This eliminates 3-80 gallon hot water heaters per facility. This saves about$2,300 per year per location. The doors on our refrigerated cases implement a computerized anti- sweat feature.... so that the system only"kicks on" and utilizes energy when conditions warrant, vs. most systems that simply run all the time. This saves about $11,000 per year per location. Wal-Mart,"actively" de-humidify our grocery facilities to reduce energy load associated with defrost cycles. The industry standard humidity level in a grocery facility is 55%,.... Wal-Mart maintains 45%. Most other grocers "passively" de-humidify with their A/C system,... Wal-Mart "actively" removes moisture with a dedicated dehumidification unit. This saves us about 7% in refrigeration energy or about $11,000 per year per location. Wal-Mart: Taking care of customers and communities Wal-Mart Stores,Inc.believes that each of its discount stores, Supercenters, Neighborhood Markets, SAM'S CLUBS and distribution centers should contribute to the well being of the local community. Through the company's Good.Works. community involvement program last year, Wal-Mart associates at more than 3,000 locations raised and contributed$190 million to support communities and local non-profit organizations. FORTUNE magazine has named Wal-Mart the 3rd most admired company in America and one of the 100 best companies to work for in America. And, for the second consecutive year,Americans named Wal-Mart as the company they think of first in supporting local causes and issues, according to Cone, Inc. Education • Wal-Mart is one of the leading supporters of education in the United States. Last year,Wal-Mart invested$7.3 million in individual college scholarship programs,providing funds for its own associates, local communities and African- American and Hispanic students. In addition, since 1979,Wal-Mart has contributed more than$77 million in scholarship support. • Wal-Mart stores and SAM'S CLUBS have saluted nearly 11,000 Teachers of the Year since 1996,making it one of the largest teacher recognition programs in the country. These teachers' schools received$1.5 million in educational grants in 2000 and more than$6.6 million in Wal-Mart educational grants since the program began. Local and National Community Causes • Last year,Wal-Mart contributed $115 million—or$2.2 million every week— to the communities we serve through local grants and programs. • The Salvation Army raised$14 million last year during the holidays with kettles located at local Wal-Mart stores nationwide. • Wal-Mart and SAM'S CLUB associates raised and contributed more than$19 million in 2000 to the United Way, and$133 million since 1983. Wal-Mart is the largest corporate sponsor of the World War II Memorial Campaign, raising and contributing more than $14.7 million. In 2001,Wal-Mart received the prestigious Silver Helmet Special Award from AMVETS, and the National Commander's Public Relations Award from the American Legion in recognition of its fund-raising efforts for the memorial. The nation's largest veterans organization honored Wal-Mart in March 2001 for its support of the World War II Memorial and for its associates'voter-registration drive. American Legion National Commander Ray G. Smith presented Wal-Mart the National Commander's 2001 Public Relations Award during the closing session of The American Legion's 41s`Washington Conference. "Wal-Mart's public service upholds traditional values and two of The American Legion's founding principles: Americanism and preserving the memory of those who fought in our nation's wars," Smith said. "I'm,delighted to honor Wal-Mart for its institutional citizenship,yet another feature the corporation has in common with The American Legion family." Wal-Mart: A good neighbor in Hastings • Wal-Mart has been a part of the Hastings community for more than a decade. We opened our doors here in November 1990 and have watched our business change and grow with the needs of our customers throughout the community. • Today, our request to grow our business is a direct reaction to the wants and needs of our customers. Every day, our customers ask us when we can we bring them a Wal- Mart Supercenter. They believe in more choices for consumers and more competition. This project directly reflects consumer demand. • Today,the Hastings Wal-Mart employs some 220 associates from the community. Our proposed project would conservatively add another 150 jobs to the area, and will enhance the opportunity for advancement for people here in Hastings. Our associates will have even more opportunities to stay in Hastings and grow their careers and lives here. • Wal-Mart is not just a merchant in Hastings—we're somebody's neighbor. We're a member of the local Chamber, and we don't forget our obligations to our community. In fact, last year, our associates here raised more than$48,000 for charitable causes for Hastings and the Hastings-area community. The year before that,they raised more than$38,000. Our home office helped contribute to those causes with matching donations! Recipients of our contributions include our local schools, churches, and dozens of other local not-for-profit agencies. Wal-Mart: The consumers' choice Wal-Mart has beaten the competiton again--this time in a survey of 5,000 consumers, who were asked to rank retailers in a variety of categories relating to their shopping experience. The survey, done jointly by Chain Store Age and Cap Gemini Ernst& Young, and featured in the May 2001 issue of Chain Store Age,ranked retailers in seven categories: • PriceNalue(Wal-Mart ranked No. 1 in the Grocery,Discount and Overall categories). • Product Assortment(No. 1 in Discount and Overall categories). • Service(No. 1 in Discount and Overall categories). • Ease of Shopping/Access (2nd in Discount category). • Trust(No. 1 in Discount and Overall categories). • Making the Shopping Experience Enjoyable(2nd in Discount category). • Overall(No. 1 in Discount and Overall categories). To sum up, Wal-Mart was ranked best in 33 of 56 categories, and even won "best" for several attributes in the Grocery category. According to Dan Bagan,publisher of Chain Store Age, "No other retailer in any category was even close to being recognized by consumers as much." Wal-Mart and our associates: A relationship built on trust and respect • We feel that while unions might be right for other companies, they do not have a place at Wal-Mart. Wal-Mart associates have been representing themselves for the past 38 years, and they do not need to pay a middleman who charges them union dues to do it for them. • Wal-Mart was recently recognized by its associates as one of Fortune Magazines top 100 companies to work for. Last year more than 4 million people applied for jobs at Wal-Mart. Of those hired 58% said one of the main reasons they joined our company was for the health benefits we provide. The fact is we take care of our associates. UFCW leaders can continue with their constant attacks against our company,but our focus is going to be on listening and taking care of our associates. • We offer our associates competitive wages and a comprehensive benefits package. We conduct annual wage surveys in the individual markets where we operate to ensure we are being competitive. In addition to competitive wages, our associates are eligible to receive health benefits for as little as $8.50 per(two-week)pay-period, a 401K plan and a profit sharing plan(two separate retirement plans),which Wal-Mart contributes to regardless of whether or not the associate personally contributes. Other benefits are a Wal-Mart stock ownership plan, scholarship opportunities,various bonus programs where associates share in the profits of the company, child care discounts, a 10% discount at Wal-Mart and free professional counseling services. • The UFCW has made it no secret that they will do anything they can to attack our company. They are using tactics that directly target our associate's profit sharing and stakeholders' bonus thus hitting associates right in their pocket books. It is no wonder that union leaders and union organizers have a credibility problem with most of our associates. • Wal-Mart offers benefits to both its full and part time associates. Wal-Mart is one of only a few retailers to offer benefits to part time people. For example,this allows a part-time associate to begin a career at Wal-Mart and receive benefits while going to college or while taking care of a child or parent. Another very significant benefit Wal-Mart offers associates is stability and the security that comes from working for a company with a strong growth record. While many other large companies have merged, downsized or failed,Wal-Mart continues to grow and offer exciting career opportunities to people around the world. There is more opportunity for job advancement and growth at Wal-Mart than ever before. Nearly 65% of our managers began as hourly associates, allowing our management team to continue to reflect our associate base as well as the diverse communities we serve. Studies indicate benefits of Wal-Mart • When a Wal-Mart store opens,there's a one-time increase in employment in the county where it locates and an increase in the number of retail establishments, according to a new study by Marshall University. The study was released just last year(May 2000). The economic impact study by Marshall's Center for Business and Economic Research also reports the data suggests that Wal-Mart compensates its employees as well, or better, than other retailers within the counties where the big stores are located. Mark Burton, director of the center, said, "It should be noted very clearly that while people may understand how the presence of Wal-Mart might hurt small independent establishments," Burton said, it is also likely Wal-Mart would help small independent establishments. That's because of two effects identified in the study--the magnet-like effect of "power center clusters" and the "travel-substitution effect." Power center clusters are malls that combine a discount store with"category killer stores" -- large stores that carry everything related to a single retail category. "This clustering of stores is responsible for part of the increase in the number of funis," the study said. When consumers shop near their homes because a large discount store is located nearby instead of traveling to shop,it is known as the travel-substitution effect. The result of the effect is, the consumer traffic created by the mass merchandiser ultimately attracts more local retail trade. • Kent Burnes,principal consultant with Burnes Consulting in Grass Valley, Calif., speaking last fall(September 2000)to a gathering of about 30 small-business owners at the Small Business Development Center's Pittsburg Retail Roundtable in Pittsburg City Hall, said homegrown businesses can survive, even excel, in the face of such behemoths as Wal-Mart if they use the right strategies. He said he took a tour of downtown Pittsburg earlier in the day and saw "nothing but gold-lined sidewalks waiting to be developed." Burnes said Sam Walton,who created Wal-Mart,was given his success by small businesses. "Wal-Mart didn't grow Wal-Mart," he said. "WE grew Wal-Mart." That was because small businesses were unwilling to change,he said. Being willing to change,he said,is the key to succeeding. He defined change as choice, and he said that means the small-business owner must "choose to win." He related another tale of a small grocery store next to a vacant lot where an - Albertson's was about to go in. The couple in the small store had been selling groceries for decades,but they were willing to change. They merely switched to other products and continued to thrive. More.good words for.Wal-Mart ... • "I'm sure Sam (Walton)would be proud today of how his stores are still willing to give back to the communities where they live. In these days of mergers and absentee ownership it is a real pleasure to see that the nation's largest retailer still knows the value of`community."' --Duanne Swift,President, Green Bay(Wis.)Area Chamber of Commerce • "When Wal-Mart opened in Napoleon, our business community, especially the small retailers, were concerned about the impact Wal-Mart would have. What happened, though,was Wal-Mart brought customers to our community from counties around us. The results were other businesses, such as restaurants, gas stations and our niche retailers benefited from additional customers that spent their dollars in Napoleon." -- Sue Westendorf, Executive Director,Napoleon/Henry County(Ohio) Chamber of Commerce The chance to grow our business to take care of our customers ... • Wal-Mart is glad to answer questions about our business and our plans that relate to this project. But why is it fair to let other businesses/competition enter communities and grow their businesses and serve their customers and for Wal-Mart to not be able to do the same? • Present market analysis already indicates many shoppers already take their grocery business to other outside communities. That's revenue and business that could stay right here. Our addition of a Supercenter will help complement the existing retail sector and help make Hastings an even more appealing and convenient place to shop. • The Hastings Wal-Mart will continue to offer jobs that feature some of the most competitive and comprehensive benefits and wage packages in the retail industry. We conduct a survey of existing retail establishments' wages and benefits and base our own compensation on those figures, ensuring they are,extremely competitive, if not better than those offered throughout the Hastings community. • This is a win-win situation for Hastings. Besides creating more consumer choices and enhanced services, our new Supercenter will help add significant revenues to the Hastings community,in the form of real estate property taxes and sales taxes. These revenues make a significant difference in the way Hastings and Minnesota support education, infrastructure, and numerous other public services and programs that are critical in the day-to-day lives of local residents. Committed to finding a new tenant for our existing store building • Wal-Mart properties are available due to our desire to continue improving upon our service to our customers. The Wal-Mart Supercenter has become very popular with our customers. We have found that it is an excellent way to expand our operations in many communities. This enables us to continue and improve upon our service to our customers. Such moves create an available and proven retail location for other tenants. • It is important to Wal-Mart, our shareholders and our communities that these assets are put to use. That's why we devote significant resources to selling or leasing our available properties. Simply put,it impacts our bottom line to have an unused asset therefore we are aggressive and innovative in marketing these properties. • We primarily sell or lease buildings to other retailers. Many are familiar with Wal- Mart's Building Development program and regularly seek updates from our website or through our mailing list. We also sell or lease buildings to non-retail or "alternative: users, such as call centers, schools and hospitals. • We use a several strategies including our website—www.wal-martrealty.com— which is organized by state and provides key characteristics like square footage for each location. Other methods include participating in trade shows, such as ICSC, and a broad mailing list to which we send regular updates on available properties. The updates include building specifics as well as aerial photographs of the location. • From time-to-time,we will outsource these efforts to local real estate professionals. While it will always be important for Wal-Mart to be directly involved in selling or leasing a property,we recognize that local market knowledge can supplement our efforts. • Additionally,we regularly work with local chambers of commerce and economic development agencies to seek tenants that will bring value to the community. • Our primary users are other retailers in categories, such as home improvement, apparel,books and music and pet supply. Examples include,Hobby Lobby, Goody's Family Clothing, Tractor Supply and Burlington Coat Factory. We also work with "alternative users", such as call centers, schools and hospitals. L '1V�101 0 CR 12401 Pueao w OD M d9 � ;ooe ao-IHO o I'- S l.6-suol;nglj;uoo cfl AlINnwwoo c ajo;s cis � 0 0 d14r.jelo4oS O 0 A;Iunuauaoo 866$ C cis 0 0 ;uawdOIGAea oo Ada 3ON3a3ddl o olwou033� sAed sAennlV�o0 0 N Ad ch uisljaa;unlOA S.1N3NV'daN`o d OJeaA o a3aV'3 0 O 0 SS3NIsn N a44;ola4oeal O N011`dM Wb r O O o M AeQ oo N lava tO aouejoula is 031ow — r, 3H1 JO a3HO`d3 M Ooe o 0 4 ; W dao0 m � 1N3WdO-13A3 C CD /;onpaa IIoJAed� 04 OIWONOO N- AeM pa;lun ,0 x M C7 co O a) 11 aeM PI�oM N HO1HW l�OaAb' Co y 4 AVM a311N u- O r M Jo a N Noaona3 c D o o L6 4 0 N d o� r � M--ONA\ oco aloemw 8;,uajp1140 LL LD coo r d' `o P fn AVM a311N d- M co o 0 C MUOMl3 0 r Ln It Cli O s;uej0 snuos L O 3'lO`d2il Ci x o I() ++ co U = S.N31NIa'11H 69- Orn w _, (V %Q c0 .L N N Lo r PaStea U.) -W a3s1 M N o X O O N Co 0 s;ue�0 6u14o;elN r O S1NV21J SPINO 1 `m CO` (D O o c V � V T JNIHOIV' N N n o aoi N c A >. + O 0 ' a3san9Sl O O O W O cL L N O V s;uea0 6u1404eW Z S1NV21�J SnNO n n y aa) aa) V EJNIHO.LV �. x x d L i ca a c— Z cu� N fn N I— I� 0 O `� m O N C7 v a) m W z a`�i a`�i °? j Q F- U014800-1F- N011t/OO cu W t j f- h c Q Q m 0 (D a`�i a��i 0 o Recipients of Contributions Made by Wal-Mart Store # 1472 in Hastings, MN FYE 1/31100 Alzheimers Disease& Related Disorders Association-Minnesota Lakes Children's Health Care Hastings Family Service Hastings High School Football Hastings High School Girls' Hockey Team Hastings High School Girls'Soccer Team Hastings Senior High School- Band Aid Hastings Senior High School French Honor Society New Life Evangelical Free Church Youth Group Red Wing High School Band Boosters Solid Rock Pentecostal Church- Elsworth,WI Vasa Lutheran Church Children's Home-Red Wing, MN FYE 1/31/01 Hastings High School Football Hastings High School Girls'and Boys'Lacrosse Hastings High School Girls Basketball Hastings High School Girls Hockey Hastings High School Ski Team Hastings High School Technology Club Hastings Hockey Boosters, Inc. Hastings Senior High School-Boys'Varsity Hockey Hastings Senior High School Ski Team Minnesota Special Olympics, Inc. Newborns In Need Newport Lutheran Church Red Wing High School Band Boosters Riverbend Dance Arts Solid Rock Pentecostal Church- Elsworth,WI St. Mathias Catholic Church -St. Mathias School Thomas E. & Edna D. Carpentar Foundation e 6i Hill, g r 8 �r 1 3I 1 ■F g ,� `E�➢ ;sj;i# ! �i li�li �� � i i i "! i!�°� � ,,iii ll,Et;, j }fGff'i: li li�yls (tttifliu f!)f� #ilt� ilfi �Ili�:! 1i �IifliEl�:t ii ` bb Et� I Iaij't `{ fid !, r4- E ►= yg�ay+, ii:r( igif�# # jii ii!!,lg11 t�i j!#t lllu�r jt cif II�"}�!}d�.�f}� � � ��� 8 •, � l� 1 Alto "'S�I fOL•!# i • o - a Cl ' i 9 td •`, , �,ti': :. .�^_ '+v-e- ----- JL4— -------T—kC,L...-A..^"L•••]r -- ----------- gggg 91 511 ri � v �:�• may`: .�_�. ..._ `d }. 1. / .. L_Z...].-t �,,t•'t '�'><n.;dl<�s � Mi�� �=1y1 �13 C� _"'_ f'a �1 ?\, o +! ® d t ii ,51 j 1110 Cc �9F U pp 7 ��� ���� � mow•.__ _ _ ��, '� "v_.__ 1 9 CIE g9 g� e S i g 6ga S a i €S€ �g p4dLX AAS iBY� �tlg Rg !5 Yet9 ti F�Xt g 5s° Y E� i°e 'tl0 1 f Y i° e/ � ie • �}g{�� ��;'::I.�+`�Iee�' 9 XQ�e G� Y 555A� �� �� '! �Y� e A eg `q Y � ° �'i € � E��'f � 9 �gqX •t '•1� 1 �•����7E� x'�X Q��i��� �B t6 i�g9 fX�! � a[�Y�g S 3 Y�� fb {:5 49�i!$ ge Q�°��f� S � ��X� �' 9 5 e f, @ IXaYYf9 X Y y S Chf�Q �! �d �g �y� � f��X f t��g3 S � € t Coe Q� � �� ��. ���. i•3C� °� ���� ��_ ��- zi 11 B i�7F s X@ as di . $ o k 3 .._.= =6fi——_ �--___ —__ y :—:—sem_^^�..�'...',.t;�;.��5•,•,__S?I.a=�.r_J•- -79J ".- - _ qqppg11 !IQl a i 't•j oq;eg "� �� j`.ta' `°q`i l� � l' �I � .tea,-1 \ a8 1 lila .' �vo(,5 A fa°------------"- — C c. ��------ ---- — "---------- — I --- n "ate �H e i "u U, � � 1G--------------- j-'ct----------------- 3�9lni�t�l U°. i .. . f . i r 1. �a� iA��=� of i��ii��� � °� � � i� •� I5g f a� �s;�art #1 g �i��ag$��A}�:� ����� ig-� g� pp i �Y� ��° �g y �::: I ('X �Y �� � � x¢-- d k� gfsY�x ■ r ! r M A5' j Y Y d ID D'e t d E x i•!x"e-!�gd!!E it S 5[ x � a as 3 ES a�r`�i 9}uie 3RX }ga¢Ea E ei s et d r it i :I I [j $ Fnx XE pi° 2eS = X ■& °�7 _� y t E D° °E! a•i( ° }t ¢ r SA• 't,•'�: , S - ¢aF �� BA��� ij %�a • i yY e � xr�pEp 1 �� } qg�3g5 (r( � g9 5� �a�fig(f�� ��. ! �f � E$f i � �¢ip ecje fir! •'I I� � ix� A ��fa �ax A A�i� 5 H6 �� D ¢ r•lii iDE �Dpg ! D �a t�SDaA jx� ���� � ■ �@�j�� f'A 1; i.Efg :.`:':i. �x D e. d. Y D ° D'. 1 1 G ! p dC f [ [ • g ep9( �!¢ pp ax Y IEp g� �Eii attl E da p.•�i�E ip�qi XY 2i fill � .j ! 9 i s A it p i f (pA°g• ka ( f °! Yg a!Ef YtE I AA x X C �t a °� X y8 .ga$_ EEES X e¢ 5r r E sE is 1g¢e pipaEse� IIg !A i °".t' Erg°Ef(i 1°E i® 1�f;� e[( YpA x° �• Xfs E 1,9s¢� eg p A@I yX X2X5 .i a 8 �° l; @ 4 q¢! � g i g § EAi j �i pf ((( E4 � rd ixs ie�°gd i D f$. � C i 1 2 of = sF$ �A ■ ae Ep a A dg{silla p Ili�.. Y g �� d N5E •R � (•g �i �- R p da i 8 1 !t id X i (q8 Yfe6 �4 � E eg (-¢r($YE$ �i° g ii i`s�Y( a (� E �aDi p p 3d a (F�i i� $¢! :( A( '° $°t §s x 1$( l i( =i Ex E $!is$ €a epi8 }AApped gpD EE(ta@p8p @ aed0 � �p{j{j gEA i� (� �x°$¢qv} �qi('� [` AAp6p¢g6ygi Q4�8¢I�piFa3°A;� pd p9Ap. yleA 9t 7g!{_j 9e�f[p •Attljai $X$g/ pp g¢pe qe yp [t XlE 3YYiaii i�iirriii rad996 i� Xi YYr3 dEl t6i X6 Yxa3 iib iE iYp:XAiEAxiE�Yp t 3i:apx FARE 7�i9t Hx 6�xB9 Yv x€A43 &6®98�8fl�Ell�r - + + + . . + +, f e • + . . + , '#• iA II�'' .s w na-•r._u t •t::•1tt`a�, � •tit I t:3 i z,y q '- •,�� `i A. � 6 0�0• 1• � 0 111 Y3� ���:� CO . --- 1 n �cc----'---------------•tom I u I uhtt rbR- ------------------ �h4-dRF Fkp----- V;i i . ss �i $KjN i i U v - L 1 F ' y` rn Pa YC a. i—I u Oj( •l „� dd 11 .Fr 8� ii T J1 � U ._Tri= xz,_„++x�i^' c... :'.:'`,.• ' i II fill, 110 "m I in Of # p o . :.::Gg:-e•%gi!"OeiiF""4:,;:.::i� +::::5=:%i!"""'SSYMNkiY"%:i gJ � �(�r 7 f �a:M��il re#~�������♦������ tlQrSlt.������§£fie {;�'�,fi��� i ��f�fa j�a�#i , if a i±}�[k�#as(I [hill ({a(6(L r(: R tt. r R F g1$P I F tai 1 . 4;n n ext WASTE MANAGEMENT 5 y F. 2800 Millard Ave. Hastings,MN 55033-0187 (651)437-9201 (651)437-9661 Fax August 27,2001 (800)247-1012 Marty McNamara,Parks and Recreation Director Mayor,City Council,and City Administrator Natural Resources and Recreation Commission Dear Marty, Thank you for the opportunity to speak at your recent Natural Resources and Recreation Commission Meeting. I am very pleased that you and the commission members support the concept of the Youth Recycling Green Team Project and believe that it could be successful in Hastings as well as provide added benefits to your community. One of the most frequently asked questions from the Youth Recycling Green Team members is "What happens to the mixed paper after we collect it in Hastings?" Other questions include"How is the material processed?" and"What new products are made from the recycled materials?" We would like to help answer these questions and extend an invitation to you to view and tour our Recycle America®Processing Center in St. Louis Park and"Picture Our Future" at our new ONE- SORT Processing Plant in North Minneapolis. During these tours you will learn: • How Waste Management currently processes over 240 tons per day of paper, plastic, glass, metals,and textiles from Minnesota and parts of Iowa and Wisconsin. • The end markets and new products made from the recyclable materials collected in your community. • How Waste Management's new ONE-SORT Recycling Program will have a positive impact on your community.This new processing center is scheduled to open early next year. The term,ONE-SORT,means all recycling fibers such as papers,plastics,metals,and glass are mixed in one bin for collection and then delivered to this new plant for processing. I have enclosed a flyer that outlines our current TWO-SORT Recycling Program that our entire commercial and most of our residential customers use,so that you will have a comparison of the two programs. OUR TOUR DATES ARE SEPTEMBER 19 AND SEPTEMBER 20 September 19—Tour will leave Hastings City Hall at 9:30 a.m. (Box Lunch) September 20- Tour will leave Hastings City Hall at 1:30 p.m. (Snack) Other invitees will be the Environmental Quality Commission and City Council members and staff from the City of Northfield, Rice County Commissioners and staff and Rice County solid waste officials.Travel time and the tour will take approximately 4 hours. Select a tour time and fax your choice by September 14 on the enclosed RSVP form. If you have any questions about the tour,feel free to contact me at 651-437-9201 Ext. 105. I look forward to seeing you on the tour. Sincerely, Q 1 Randy TripTri-1 District Manager Enclosure: two -2— August 27,2001 WASTE MANAGEMENT 2800 Millard Ave. Hastings,MN 55033-0187 (651)437-9201 (651)437-9661 Fax (800)247-1012 Recycle America® Tout Fax RSVP FORM Fax to: 651 -437-9661 Yes, I will be attending on September 19, 2001 (AM Tour) Yes, I will be attending on September 20, 2001 (PM Tour) No, I will not be able to attend Name: Representing: Contact # Day Evening Pick-up Location Rice County Landfill (AM 8:15/PM 12:15) Northfield City Hall (AM 8:35/PM 12:35) Hastings City Hall (AM 9:30/PM 1:30) Please respond VIA fax by September 14, 2001. Thank you! Waste Management-Hastings 651 -437-9201 - 2800 Millard Avenue S. •Hastings, MN 55033 800-247-1012 RECYCLING GUIDE Z It's as Easy as 1... 2... 3... (simply separate your recyclables t) 0 into three basic categories.) 0 no 1.. . Miscellaneous Paper - Place loose in a separate PAPER BAG and set next to or inside 4 r■ your recycling container while corrugated cardboard can be flattened, bundled, and placed next to your recycling container. 2.. . Newspapers - Place loose in a separate PAPER BAG and set next to or inside your ® - �11� recycling container. �.. 3... Metal Cans, Glass Bottles and Jars, Plastic Bottles - Please commingle and "- U) W accumulate in your recycling container until collection day. (No PLASTIC BAGS accepted.) e ..1 a 1. Miscellaneous Paper includes: Items specifically EXCLUDED: a _ • Paper, computer paper,adding machine tape, String/Twine/Cotton balls 0 letterhead paper,typing paper,construction Paper towels/Napkins/Tissues Z paper,copier paper, ledger paper,NCR paper, Cups/Coffee filters/Tea bags receipts and bills, letters,post-it notes,fax and Waxed paper or waxed anything e.g. telex sheets, onionskin paper,paper bags. milk cartons/drinking boxes•candy/gum • Envelopes, all types included. wrappers•frozen food boxes • Magazines & Catalogs, direct mailing advertisements, Beer/pop carrying cartons brochures,-pamphlets and booklets. Sugar bags/Flour bags • Cereal, Cake, Chip & Cracker Boxes Light bulb cartons/Egg cartons (Remove the liner and all food from the box and then flatten.) Cellophane/Foil/Plastic wrap • Books & File Folders, hard and soft covered books, Photos/Slides/Transparencies notebooks,manila file folders,and telephone books. • Corrugated Cardboard Must be tied and bundled less than 3 feet by 3 feet. (Place paper, envelopes, magazines&catalogs,books&file folders and cereal, cake, chip&cracker boxes in a separate PAPER BAG and set next to or inside your recycling container while corrugated cardboard should be flattened into 3'xX bundled pieces and placed next to your recycling container.)Please do not place commingled products on top of paper. U 2. Newspapers M.WS (Inserts do not have to be removed-place loose in a separate .;0 PAPER BAG and set next to or inside your recycling container.) . m U 3. Metal Cans, Glass Bottles and Items specifically EXCLUDED: F' Aerosol cans/Paint cans U Jars, Plastic Bottles includes: Motor oil bottles/Gasoline containers a • Metal Food Cans and Aluminum Medicine containers mi Window panes/Mirrors CL Beverage Cans (Rinse clean) Pottery/Ceramics- "q�y •Glass Bottles and Jars Three colors-Brown, Disposable razors and needles O Green and Clear(Remove lids and caps-rinse clean.) Dishes/Glasses/Light bulbs Z • Plastic Bottles, commonly accepted plastic Plastic cups/Plastic silverware bottles are:soda bottles milk and water jugs and laundry Plastic wrap/Pens/Toys g ry product containers Styrofoam cups/Styrofoam packaging (Remove all lids,caps,and pumps-rinse clean.) Yogurt,Cottage Cheese, Butter containers a Ice Cream pails C (Place your metal cans,glass bottles and jars,plastic bottles in your recycling container on a commingled basis- no separation is required!NO PLASTIC BAGS ACCEPTED! Funded in part by the Dakota County Board of Solid Waste Enterprise Fund GDI No.29218 12198