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HomeMy WebLinkAbout07-19-04 CITY OF HASTINGS COUNCIL MEETING Monday, July 19, 2004 I. II. III. IV. V. VI. VII. VIII. 7:00 P.M. CALL TO ORDER: ROLL CALL: DETERMINATION OF QUORUM: APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on July 6, 2004 and the Special Meeting on July 12, 2004 COUNCIL ITEMS TO BE CONSIDERED: CONSENT AGENDA: The items on the Consent Agenda ere to be ected upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmembar or citizen so requests, in which event the Items will be removed from the Consent Agenda to the appropriate department for discussion. 1. 2. 3. 4. Pay Bills As Audited Budget Adjustments Acceptance of Donation Approval to Replace Existing Septic System Drainfield and Lock & Dam #2 (United States Army Corps of Engineers) Approve Temporary Compensatory Time Cap Limits-City Engineer & Assistant City Engineer Animal Ark Event Parking Request Approve Utilities Maintenance III Operator Job Description Approve Pay Estimate #1-2004-1 Westwood Reconstruction Project-3 Rivers Construction-$161 ,383.48 Approve Pay Estimate #7-2003-2 Riverwood South Oaks Project-Contractors Edge-$100,988.44 Approve Pay Estimate #6-2003-7 Spiral Blvd. & 31" SI. Extension Project-Ryan Contracting-$86,166.54 Request for Unpaid Leave of Absence Approval of Full On-Sale Liquor License at The Busted Nut, 118 2nd SI. E Excess Property Old Squad Cars 5. 6. 7. 8. 9. 10. 11. 12. 13. AWARDING OF CONTRACTS & PUBLIC HEARING: REPORTS FROM CITY STAFF: A. Public Works 1. Appeal Restriction of Fencing in Ponding Basin Easement-1336 Eagle Bluff Drive Appeal Removal of Landscape Retaining Wall and Fill in Ponding Basin-1328 Eagle Bluff Drive 2. B. Planning 1. Resolution-Development and Business Subsidy Agreement for Jakata Properties IX. X. XI. XII. XIII. 2. Resolution-Variance #2004-38: Allow Projecting Signs/Exceed Maximum Signage: Green Mill/Dunn Brothers Building (Schoolhouse Square) Resolution-Variance #2004-35: Sideyard Setback-1947 Ridge Lane (LeRoy Finke) Resolution-5ite Plan #2004-23: Lots 1-15, Block 4, Riverwood 7'" Addition: 36th Street (MW Johnson) Resolution-Site Plan #2004-24: Lots 1-14, Block 6, South Oaks 2nd Addition: Century Drive (MW Johnson) Site Plan #2003-44 Extension Request-Williams 1st Addition 30- Unit Building (Whispering Lane) Request for Park Dedication Fee Reduction-David Vanney, Attorney for Advanced Homes (Riverwood 8th Addition) 3. 4. 5. 6. 7. C. Administration 1. Interim Finance Director Appointment COMMENTS FROM AUDIENCE: UNFINISHED BUSINESS: NEW BUSINESS: REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: ADJOURNMENT: Next City Council Meeting on Monday, August 2, 2004 Hastings, Minnesota July 6, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday July 6, 2004 at 7:00 p.m., in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Mike Werner, City Councilmembers Hazlet, Hicks, Moratzka, Riveness, and Schultz, Members Absent: Councilmember Yandrasits Staff Members Present: City Administrator David Osberg; Administrative Assistant/City Clerk Melanie Mesko Lee; Assistant City Attorney Dan Fluegel; Planning Director John Hinzman; Assistant City Engineer Nick Egger; Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of June 21, 2004. Hearing none, the minutes wer~oved as presented. Council Items to be Considered City Administrator requested that an ATV purchase by the Police Department be added as item #11 of the Consent Ager;¡cta and the 2004 Rivertown Days Parade Route be added as item #12 of the Consent Agenda. Moved by Councilmember Hazlet, seconded by Co).mcilmember Hicks to amend the agenda as requested. 6 Ayes; Nays, none. Consent Agenda Councilmember Riveness requested that Item #6, Acknowledgment of Receptivity to an LCA Funding Award, be moved to Item #3 under Administrator. Moved by Councilmember Riveness, seconded by Councilmember Hicks, to approve the Consent Agenda as amended. 6 Ayes; Nays, None. 1. Pay Bills As Audited 2. Budget Adjustments 3. Resolution-Gambling Premises Permit Application by the National Multiple Sclerosis Society-Minnesota Chapter (Westside Bar & Grill, 880 Bahls Drive) Resolution-Renewal of Old Mill Pawn License Approve 2004 Rivertown Days Agreement Acknowledgment of Receptivity to an LCA Funding Award 4. 5. 6. Minutes of the Regular Meeting of July 6, 2004 Page2of4 7. 8. 9. 10. 11. 12. Approve Street, Drainage, and Utility Easement Across Industrial Park Property for Glendale Heights 2nd Addition Emergency Trail Approve Land Subsidy Agreement/Property Sale-Westview Packaging: Lot 1, Block 3 Hastings Industrial Park No. 3(SW corner of Spiral & Enterprise) Order Public Hearing-Vacation of Right-of-Way #2004-36: Forest Street, North of 2nd Street West (Robert & Heidi Langenfeld) Authorize Chassis Payment-Fire Department Tanker ATV Purchase by Police Department 2004 Rivertown Days Parade Route Award Contract-Project 2004-4: 10th Street & Highway 61 Improvements Assistant City Engineer Egger recommended approval of Ace Blacktop in the amount of $588,856.10. Moved by Councilmember Riveness, seconded by Council member Hazlet to award the contract as recommended 6 Ayes; Nays, none. Resolution-Site Plan #2004-32: Eischen Cabinet 2nd Building (625 Commerce Drive) Planning Director Hinzman stated that the applicant has requested reconsideration to the planning commission's recommendation for additional architectural standards. Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the site plan with the planning co~ recommendations. 6 Ayes; Nays, none. Deny Request to Construct Destroyed Building at Former Setback-Hastings Inn (1520 Vermillion Street) Planning Director Hinzman stated that the planning commission is recommending denial of the request to rebuild at the former footprint of the building, in that it would not meet minimum code setback requirements. The applicant does not oppose the denial of the request. Moved by Council member Hicks, seconded by Councilmember Moratzka to deny the request as presented. 6 Ayes; Nays, none. Resolution-Site Plan #2004-21: Lawrence Condos at Whispering Lane & Crestview Drive (Lawrence Builders) Moved by Councilmember Hazlet, seconded by Councilmember Riveness to table the request until August 2, 2004 City Council meeting, and directed staff and the Planning Committee of the Council to develop findings of fact based on the recommendations for denial from the planning commission 6 Ayes; Nays, none. Copy of resolution on file. Minutes of the Regular Meeting of July 6, 2004 Page 3 of 4 Schedule Special City Council Meeting/Downtown Redevelopment Project (July 12,2004) Moved by Councilmember Hazlet, seconded by Councilmember Moratzka to schedule the meeting as presented. 6 Ayes; Nays, none. Acknowledgment of Receptivity to an LCA Funding Award Council member Riveness questioned where the proposed housing would be located and the number and type of units. City Administrator Osberg stated that this request is part of an approval that the City Council made in 2000; this acknowledgment is a formality as part of the process. The approval by the Council in 2000 provided for 66 senior units, 21 units on the west end of the property, and 28 units on the east end of the property. The 28 units on the east side have already been built. Moved by Councilmember Moratzka, seconded by Councilmember Schultz to approve the acknowledgment as presented. 6 Ayes; Nays, none. Downtown Riverfront Project Development Petition Ron Craft, representative of the Friends of the Hastings Historic Riverfront, stated that signatures on a petition have been received, stating preference for no condos on Block 3 of the Riverfront development project. He also requested that the FHHR have representation on the Downtown Riverfront Redevelopment subcommittee currently made up of downtown owners, City Council members, and 1'IRA representatives. Moved by Council member Moratzka, seconded by Council member Hazlet to wait until after the July 12, 2004 Special Meeting to act on any requests for additional membership. Members of the public have been invited to all of the committee's meetings, which are public. 6 Ayes; Nays, none. Comments from the Audience Bonnie DuBois of Whispering Lane shared some positive feedback she had heard about Hastings on a recent trip. Reports from City Committees, Officers, Councilmembers Councilmember Hicks stated that a one-year alternative analysis will be conducted on the Red Rock Corridor. The Joint Powers Agreement has been signed, and Hennepin County has joined as a partner. Council member Hazlet stated that the Grand Excursion 2004 was a success and he thanked all the City staff and volunteers that were involved. Minutes of the Regular Meeting of July 6, 2004 Page4of4 Adjournment Moved by Councilmember Moratzka, seconded by Councilmember Riveness to adjourn the meeting at 7:30 p.m. 6 Ayes; Nays, None. ATTEST Mayor City Clerk SPECIAL CITY COUNCIL MEETING Hastings, Minnesota July 12, 2004 The City Council of the City of Hastings, Minnesota met in a special meeting on Monday July 12, 2004 at 7:00 PM in the Community Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Werner, City Councilmembers Janette Yandrasits, Turney Hazlet, Danna Elling Schultz, Paul Hicks and Lynn Moratzka. Members Absent: City Councilmember Ed Riveness Others Present: HRA Members, Harold Birkeland, Dennis Martodam, Ron Toppin, Bob Hollenbeck, Kurt Keena; Downtown Riverfront Redevelopment Committee Members Pam Holzem and Laurel Cox. Staff Present: Osberg HRA Director, John Grossman and City Administrator Dave Call to Order Mayor Werner called the special meeting to order, with the purpose of discussing the Downtown Riverfront Redevelopment Project, and allowing members of the City Council, HRA and Downtown Riverfront Redevelopment Committee an opportunity to address questions with Sherman and Associates, and to provide some direction and opinions on the current concept plan. Mayor Werner reminded all in attendance that the project is intended to do what is best for the entire community of Hastings and not necessarily focused entirely on the Downtown. Mayor Werner encouraged those in attendance in the audience and the members of the City Council, HRA and Downtown Riverfront Redevelopment Committee to work in a more positive environment all while keeping the best in mind of the entire Hastings community. Current ProjQ(:t Status Jim Prosser from Ehlers and Associates provided a brief update on the current status of the project. Preliminary Concept Plan Loren Bruggeman from Sherman and Associates provided a presentation on the current concept plan under consideration. Elements of the current concept plan include: a.) Phase 1; Block One, North half, condo's, restaurant and banquet facility. (Fall, 04) Phase 1; Block 14, row houses. (Fall 04) Phase 2; Block Three- condo's and associated parking (summer 05) Phase 3; Block One-South half, mixed use retail and condo's, (summer 06) b.) c.) d.) Questions/Answers-Feedback on Preliminary Concept Plan At the conclusion of the presentation by Mr. Bruggeman on the proposed concept plan and the various revisions, Mayor Werner opened the floor for questions from the members of the City Council, HRA and Downtown Riverfront Redevelopment Committee. Through a series of questions and discussions between the City Council, HRA, Downtown Riverfront Redevelopment Committee, Staff, Consultants and Mr. Bruggeman, the following topics were addressed and elements of feedback were provided: Block Three -There is some preference to keeping Block Three available for public uses. -Consider alternatives such as build on the HRA lot, but keep the City lot. -Not supportive of condo's on Block Three unless the City and HRA can capitalize on new TIF to acquire substation at Block 4, as an alternative condo site or parking site. -Need to calculate the amount of TIF generated by Blocks 1, 2, and 29 to determine if both amenities and substation relocation can be funded, including the impact of decertifying the old district. -Be certain the possible development of Block Three does not become impossible, due to the financial impact of the substation removal project. -Condo's are needed, and Block Three is appropriate for development, with many downtown business owners or property owners supported condos; with Block Three being acceptable for development, provided more parking than currently exists becomes available. The City Council and HRA members provided general agreement that the contents of a Development Agreement could include a provision that allows Sherman and Associates the exclusive right to develop Block Three for a period of time, contingent upon approval of design and uses. Block Two -Will need to be compatible with Sherman's plan and the City's master plan -Block Two should be included in the TIF district to allow for financing of certain public amenities, included but not limited to the funding for the removal of the substation. -All proposals will be treated the same, regardless of who the developers are, and their development locations. Desian -Need to separate condos from esplanade, with possibilities including elevation change, fence or open space. -Heights of condos must be varied. -Elevation drawings for phase one should be provided by about August. -Buildings should be finished on all four sides, with no "backs" -Amenities must be included to assure the view from the bridge is more attractive. Substation In addition to the earlier feedback addressed as it relates to the discussion on Block Three, the following feedback and discussion was also included: -Substation could be a site for a permanent farmers market. -If the new Tax Increment Financing District is extended to include the substation, there should also be consideration of adding Hudson to the district. ParkinG -Must replace, maintain all the current available parking that is located in parking lots and on City streets, and additional parking would be beneficial. -Must maintain vehicle access to the American Legion. -Need to arrange for alternate parking during construction, especially on Block Three -Consider re-evaluating the parking ratios for downtown, particularly for mixed use. Development Aareement -Include guarantee that amenities will be constructed. -Sherman will have the exclusive right to develop Block Three for a period of time, contingent upon approval of use and design. -While keeping the options open on Block Three, do not want to limit the developer with too small of a site. Advisory Committee -Involvement of the Committee until completion of the development agreement is critical. Next SteDs -Developer, Staff and consultants to start master planning and site plans, and the necessary Tax Increment Financing studies, public improvement studies, research on the removal of the substation, and development agreement drafts, with particular attention given to Phase One, which includes the development of Block One. Adjournment Mayor Werner thanked all members of the audience who attended, along with those members from the City Council, HRA and Downtown Riverfront Redevelopment Committee, and declared the meeting adjourned at 8:33 PM. Michael D. Werner Mayor David M. Osberg City Adminstrator Date, 07/15/2004 Department Time, 09,47,14 Operator, BECKY KLINE VI-1 Page, __-_nnn___n_nn _nnnn_nn-_nn ____n_nnn___U__---- n__u__n_- Amount COUNCIL AND MAYOR COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMI>USTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE PtJJJLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PtJJJLIC WORKS FM Entry CITY OF HASTINGS Invoice Payment - Department Report Vendor Name De,cription MELOY PARK FLORIST MELOY PARK FLORIST PLANT / HICKS PLANT/ MOYNIHAN Total for Department 102 BOISE CASCADE OFFICE BUS CARD HOLDER BOISE CASCADE OFFICE MARKERS BOISE CASCADE OFFICE PAPER BOISE CASCADE OFFICE SUPPLIES IKON OFFICE SOLUTION MAINT CHAR<!E LIVING HISTORY SOCIE GRAND EXCURSION/ DANCE D MN CITY/CTNY MANGEMN MEMBERSHIP RENEWAL/ OSBE MORGAN' E RUN GRAND EXCURSION/ PERFORM NEOPOST LEASING AUG MAILPRO RENTAL RENT 'N' SAVE PORTAB GRAND EXCURSIO,,", =S S & T OFFICE PRODUCT SUPPLIES Total for oepartment 105 HASTINGS STAR GAZETT CORNERSTONE CHURCH HASTINGS ETAR CAZETT LEGAL/MNR SUB 1O04-OS RA HASTINGS STAR GAZETT PRELIM PLAT/ RY VIC HASTINGS STAR GAZETT PRELIM PLAT/ VITT ICMA CONF. REGISTRAT CONFERENCE REGISTRATION/ MESKO LEE. MELANIE MILEAGE REIMBURSEMENT Total for Department 107 CAPITOL FURNITURE SA 2 DR FILE CABINET OAKOTA ELECTRIC ASSN ELEC SERVICE GRAINGER. W. W. INC. WATER FOUNTAIN REGULATOR LIFEWORKS SERVICES I JUNE SERVICE Total for Department 140 COpy EQUIPMENT INC. SCAN TO DISK 175 MYLARS Total for Department 150 AT & T WIRELESS MDT SITE LEASE DAKOTA COUNTY TECH C WOOD/ PURSUIT REFRESHER DAKOTA ELECTRIC ASSN ELEC SERVICE HASTINGS FORD-JEEF-E REPAIR/ SQUAD 1416 KISSNER, CARY L. REPAIR SQUAD DOOR/WINDOW ON SITE SANITATION GUN RANGE PORTABLE UNIT ARCH WIRELESS PAGER LEASE SIXTY ONE MARINE & S ATV / EQUIPMENT WOOD, NATHAN REIMBURSEMENT/ MAAG TEAM Total for Department 201 ABM EQUIPMENT. SUPP PRESSURE SWITCH ACTIVAR / SEELYE PLA STENCILS ANDERSEN, E.F. & ASS CONES BOYER FORD TRUCKS BRAKE KIT BOYER FORD TRUCKS FILTER BOYER FORD TRUCKS HOSE ASSEMBLY/ KNOB ASSE 72.90 72 .90 145. ao' 4.a5 25.05 175.41 16a.63 1.104.74 400.00 ao.OO 500.00 233.5a 1.2".S2 136.41 4.147.19' 50.40 25.20 25.20 42.00 545.00 50.63 73a.43' 6Z.a4 19.aO 17.a3 211.13 311.60' 192.34 192.34' '=00 190.00 11.42 47.00 1,06a.64 BB.65 IB6.97 1,166.14 a9.94 3,203.76' 46.9B BO.95 25B.BO 126.09 34.76 5B.62 Date, 07/15/2004 Department Time, 09,47,14 Operator, BECKY KLINE Page, _u__uuu-u__uu uuu_--_uuuuu u_-u_u__-_unuu__- uu_-_uu- Amount PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Vendor Name Description BOYER FORD TRUCKS SWITCH COpy EQUIPMENT INC. SCAN TO OISK 204 MYLARS DAXOTA ELECTRIC ASSN ELEC SERVICE DIAMOND VOGEL PAINT GLASS BEADS FORCE AMERICA FILTERS GERLACH SERVlCE,INC. SPARK PLUG GRAINGER. W.W. INC. WHEEL BLOCKS CRAYBAR ELECTRIC FUSE GRAYBAR ELECTRIC LAMPS! BOLTS! TIES G S DIR1!CT INC PLOTTER PAPER HASTINGS TIRE & AUTO TIRES HASTINGS RADIATOR RADIATOR JOHNSON, KIRK BRIDGE INSPECTION KEYSTON]¡ AUTOMOTIVE HEADLIGHT ASSEMELY MOTOR PARTS SERVICE BELT MOTOR PARTS SERVICE Bur.a!BELT MOTOR PARTS SERVICE FILTER MOTOR PARTS SERVICE FILTERS MOTOR PARTS SERVICE MARKER NIEBUR IMPLEMENT CO BLOWER NIEBUR IMPLEMENT CO SUPPLIES PRAXAIR DISTRIBUTION STARGON SEARS COMMMERCIAL ON SCR1!WDRlVER SET SHERWIN-WILLIAMS REPAIR KIT! ETRAlNER EHERWIN-WILLIAMS TIPS SOLBERG AGGREGATE CO LIME ROCK TAPCO!TRAFFIC & PARK BARRICADES UNITED RENTALS! HIGH SAFETY SCHOOL TRAINING S UNITED PARCEL SERVIC SHIPPING CHARGES ZIEGLER, INC. SHIPPING FOR BLADE RETUR Total for Department 300 PARKS !\NO RECREATION FIRST NAT'L BANI< AUG! LOAN 0320Z43279 Total for Department 401 Total for Fund 101 PARKS !\NO RECREATION GERLACH SERVICS,INC. SPOOL PARKS !\NO R1!CREATION IKON OFFICE SOLUTION MAINT CHARGE PARKS !\NO RECREATION MOTOR PARTS SERVICE TRUFLEX BELT PARKS !\NO RECREATION NTI DISTRIBUTING COM MOWER PARTS PARKS !\NO R1!CREATION NINE EAGLES PROMOTIO STEVENS! CLO'l'HING PARKS !\NO RECREATION O'BRIEN, JOE CHEVROL HANDLE! RETAINERS PARKS !\NO RECREATION UNITED BUILDING CENT ISABEL WARMING HOUSE BOA PARKS !\NO RECREATION YOCUM OIL CO INC DIESEL FUEL PARKS !\NO R1!CREATION YOCUM OIL CO INC UNLEADED GAS Total for Department 401 Total for Fund 200 155.33 229.29 1.679.17 101.18 36.57 4.77 44.24 -5.43 279.64 107.04 225.73 188.51 2,300.00 224.77 9.23 14.34 81.23 71.Z9 11.59 202.30 30.44 65.76 15.96 51. 70 26.27 69.75 8Z8.84 150.00 1.03 8.55 7,8l5.Z9' 1,527.35 1,527.35' 18,081.76' lB.2E 517.59 5.49 340.41 250.00 25.05 31.63 1.211.80 1,347.59 3,757.84' 3,757.84' Date, 07/15/2004 Time, 09,47,14 Operator, BECKY KLINE CITY OP HASTINCS PM Entry - Invoice Payment - Department Report Department vendor Name De,cription ------------_uuu- ----------_u_------ _u--------------------- -------_u_- Amount PARKS AND RECREATION AQUA LOGIC. INC. CHEMICALS PARKS AND RECREATION DIPPIN OOTS, INC. CONCESSION SUPPLIES PARKS AND RECREATION DJAY SOUND & LIGHT S DJ/TEEN NIGHT 6-25 PARKS AND RECREATION DJAY SOUND & LIGHT S DJ/TEEN NIGHT 7-9 PARKS AND RECREATION DRUMMOND AMERICAN CO VALIANT PARKS AND RECREATION FIRST LINE BEVERAGES CONCESSION SUPPLIES PARKS AND RECREATION HALOGEN SUPPLY CaMPA RING SEAL TEFLON PARKS AND RECREATION HALOGEN SUPPLY COMPA SUCTION VALVE PARKS AND RECREATION JOHNSON, DARBIE A.D CONCESSIONS/ MIDTOWN REI PARKS AND RECREATION MIDWEST COCA-COLA BT CONCESSION SUPPLIES PARKS AND RECREATION VISTAR CORPORATION CONCESSION SUPPLIES Total for Department 401 Total for Fund 201 CABLE AURAN, PAUL 2ND QTR MEETINGS Total for Department 420 Total for Fund 205 "ERI'l'AGE PRESERVATIO ARTISTRY WITH WOOD HPC/ 3 ENGRAVED PLAQUES HERITAGE PRESERVATIO IKON OFFICE SOLUTION MAINT CHARGE HERITAGE PRESERVATIO MN HISTORICAL SOCIET MEMBERSHIP Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE AMOCO OIL CO FUEL GERLACH SERVICE,INC. 1484 REPAIRS IKON OFFICE SOLUTION MAINT CHARGE KERN, DeWENTER, VIER AUDIT/RELIEF ASSC 2003 F MIDTOWN FOOD CENTER COFFEE MIDTOWN FOOD CENTER JUICE/ PUNCH/ CUPS MOTOR PARTS SERVICE l4"/BALL SET MOTOR PARTS SERVICE FILTERS NORTHERN SAFETY TECH WATER TANKER / EMERG LIG SCHUTT. MIKE EXPENSE REIMBURSEMENT Total for Department 210 FIRE FIRE FIRE FIRE FIRE FIRE AMBULANCE AMBULANCE AMBULANCE BOYER FORD TRUCKS 1461 PARTS MOORE MEDICAL CORP. MEDICAL SUPPLIES PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE AMBULANCE MED/ JUNE REGINA MEDICAL CENTE AMBULANCE SUPPLIES/JUNE Total for Department 220 AMBULANCE AMBULANCE Total for Fund 213 HOUSING AND REDEVELO ANDERSEN, E. F. & ASS liRA TIF SIGNS HOUSINC AND REDEVELO MALLETTE'S CUSTOM FA DAMAGE REPAIR/SECURE OIL Page, 1.122.62 1,183.00 4'5.00 4'5.00 521.16 1,Oll.35 38.80 85.21 20.30 378.35 1.735.4' 7.086.28' 7,086.28' GOO.OO 600. DO' 600.00' 36.00 522.67 25.00 583.67' 583 . 67' 22.02 146.50 541.49 2,300.00 49.63 8.48 59.64 36.62 263.23 45.02 3,472.63' 271.21 291.14 73 .30 2.49 190 . 71 828.85' 4.301.48' 76.66 700.00 Oate, 07/15/2004 Department Time, 09,47,15 Operator, B"CKY KLINE Page: Amount -------------------- -------------------- ------------------------ ------------ ?7'.'" CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Vendor Name De,cription Total for Department 500 Total for Fund 402 EQUIPMENT REVOLVING INSIGHT PUBLIC SECTO DIGI CAM BATTERY CHARGER EQUIPMENT REVOLVING INSIGHT PUBLIC SECTO DIGI CAM BATTERY CHARGER EQUIPMENT REVOLVING KISSNER, CARY L. CHANGE OVER SQUAD 1414 EQUIPM"NT REVOLVING KISSNER, CARY L. CHANGE OVER SQUAD 1433 Total for Department BOO PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS Total for Fund 403 WAHLSTROM MASONRY RETAINAGE / 02 WESTWOOD Total for Department 300 Total for Fund 492 BRAUN INTERTEC GS DR EXT TESTS BRAUN INTERTEC RSO TESTS BRAUN INTERTEC SPIRAL. 31ST TESTS CONTRACTORS EDGE INC 31ST ST CONTRACTORS EDGB INC 36TH/ VILLAGE TR CONTRACTORS EDGE INC CENT SO CONTRACTORS EDGE INC RETAINAGE CONTRACTORS EDGE INC SO OAKS RYAN CONTRACTING CO SPIRAL/31ST ST Total for Department 300 Total for Fund 493 776.66' 22.50 45.01 3,735.7B I,2B5.51 5,OBB.BO' 5,OBB.80> B59.80 B59.80> B59.80> 524.00 37B.25 753.75 53.026.5? '."7.50 5.2B9.66 -5,315.18 4I,499.B9 B,861.23 111,505.67> 111,505.67' BRAUN INTERTEC WESTWOOD TESTS 1,351.00 THREE RIVERS CONSTRU 04-1 WESTWOOD 16I,3B3." XCEL ENERGY GLENDALE HTS STREETLIGHT 22,679.57 Total for Department 300 185,414. OS' Total for Fund 494 DAKOTA ELECTRIC ASSN ELEC SERVICE GOPHER STATE ONE-CAL LOCATES IKON OFFICE SOLUTION MAINT CHARGE NAT'L WATERWORKS EXTENSIONS/ SCREWS NAT'L WATERWORKS FLANGE KITS PACE ANALYTICAL SERV WATER SAMPLES UNITED BUILDING CENT STAKES UPS STORE, THE UNITED RENTALS SHIPPING QXYGEN/ ACETYLENE Total for Department 300 Total for Fund 600 185,414.05> 42.67 621.00 593.95 1.777.40 164.07 44.00 31.92 6.05 54.32 3,335.3B> 3,335.3B> - Oate, 07/15/2004 Tim" 09,47,15 Operator, BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Oepartment Report Department Vendor Name Description -_uuuu_u__u_u u_uuu_u__uuu u_u_uuu--__uuun _--_UUnn Amount PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS DAKOTA ELECTR!C ASSN ELEC SERVICE FLEXIBLE PIPE TOOL C CHAINS INFRATECH SEWER TELEVISINC Tota! for Department 300 Total for Fund 601 CITY CLERK CITY CLERK CITY CLERK DEERFIELD ADVERTISIN COWDEN/ OUTERWEAR GORDY'S GLASS INC T-4 CHIP FILLED MELOY PARK FLORIST FRESH ARRANGEMENT/ DIXON Tota! for Department 107 Total for Fund 610 PARKS AND RECREATION MN DEFT/LABOR & INDO BOILER CERT Total for Oepartment 401 Total for Fund 615 PUBLIC WORKS GLENWOOO INGLtWOOD C COOLER RENTAL Total for Department 300 Total for Fund 620 Grand Total Page: 163.10 313.29 907.50 1,3B3.B9' 1.3B3.B9' 21. 00 30.00 37.Bl BB.Bl' BB.Bl' 10.00 10.00' 10.00' 7.4. 7.46' 7.46' 342,BBl.ss' July 19, 2004 ( ku~ w~ FinanC~O . ~~em Ha7let ~ember Yandrasits J--- Mayor Werner aty of H:istrgs Nøramim To: City Council From: Becky Kline, Finance Department Date: 07/07/2004 The attached Department Report itemizes vouchers that were paid on July 7,2004. Thank you. Date, 07/07/2004 Department Time, 09""" Oper",or, BECKY KLINE Page: PUBLIC WORKS ------hh--------h --------h------_h- --_--h_-_--_----------- --h-----_-- Amount CITY OF HASTINGS PM Entry - Invoice payment - Department Report Vendor Name Description COMMERCIAL ASPHALT C HOT MIX Total for Department 300 Total for Fund 101 Grand Total 5.124.88 5.124.88* 5,124.88* 5,124.B8* Q1y of I--bstf9s NEmrndm To: City Council From: Becky Kline, Finance Department Date: 07/13/2004 The attached Department Report itemizes vouchers that were paid on July 13, 2004. Thank you. Date, 07/13/2004 Oepartment Time, 09,31,47 Operator. BECKY KLINE Page, ---_u_u_-----_u_- ------uu__u_--_u ---_u_u__uu_-_u--U ____un_nO Amount COUNCIL AND MAYOR COUNCIL AND MAYOR COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE FINANCE FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING CITY OF RASTINGS FM Entry - Invoice Payment - Department Report vendor Name De,cription MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Department 000 JOHNSON. R.L. JEWELE WATCH - ERICKSON JOHNSON, R. L. JEWELE WATCH - MCNAMARA MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Department 102 AT.T LONG DISTANCE CHARGES/JU BOISE CASCADE OFFICE OFFICE SUPPLIES BOISE CASCADE OFFICE SUPPLIES COUNTRY INN . SUITES GRAND EXCURSION/ BALLOON MINNESOTA MUTUAL JULY LIFE INSURANCE S . T OFFICE PRODUCT PRINT CARTRIOCE TKDA ENGINEERS CONCEPTUAL MASTER PLAN/ Total for Oepartment 105 AT.T LONG DISTANCE CHARGES/JU HASTINGS STAR GAZETT 2004 ELECTION FILING NOT HASTINGS STAR GAZETT 2004 PUBLIC WORKS SCHEDU HASTINGS STAR GAZETT AD FOR BIDS 10TH. 61 TU HASTINGS STAR GAZETT MULTIPLE FAM HOUSING MOR HASTINGS STAR GAZETT ORD 515 PUBLICATION REZO HASTINGS STAR GAZETT ORD 516 PUB, MULT FAM HO HASTINGS STAR GAZETT ORD 517 PUB, PARK DEDlCA HASTINGS STAR GAZETT ORD 518 PUB, CHAPTER 18 HASTINGS STAR GAZETT ORD 519 PUBLICATION, CPT HASTINGS STAR GAZETT PARK OEDlCATION FEE PH N HASTINGS STAR GAZETT PRELIM PLAT REZONE VITT INT'L INST/MUNIC. CL 2004 MEMBERSHIP FEE MN CITY/CTNY MANGEMN MCMA ANNUAL QUES MINNESOTA MUTUAL JULY LIFE INSURANCE VERIFIED CREDENTIAL BACKGROUND CK BENSHOOF VERIFIED CREDENTIAL BACKGROUND CK BERNSTEIN Total for Department 107 AT.T LONG DISTANCE CHARGES/JU GOVT FINANCE OFFICER L BENSON{ INT GOV'T ACCO KERN, DeWENTER, VIER FINAL BILLING FINANCIAL MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Oepartment 120 AnT LONG DISTANCE CHARGES/JU ELECTRO WATCHMAN, IN MONITORING FEES GRAINGER, W.W. INC. SUPPLIES MINNEGASCO,ACCT'S PA JUNE GAS MINNESOTA MUTUAL JULY LIFE INSURANCE SCHILLING PAPER CO. PAPER SUPPLIES Total for Department 140 AT.T LONG DISTANCE CHARGES/JU 1.319.a6 1.319.a6" 135.79 135.79 54.6a 326.26" 5.34 34 .05 153.22 346.04 20.24 105.2a 963.72 l,627.a9" 1.96 93.30 16.aO loa. as 25.20 42.00 a4.00 5a.ao Zla.40 ZlO.OO 25.20 42.00 125.00 ao.oo 5.35 120.00 67.00 1,323.a6" 10.95 5a5.00 5,000.00 32.40 5,62a.35" 3.73 57.51 36.40 94a.31 a.10 211.37 1,265.42" 2.91 Oat., 07/13/2004 Time, 00'31,47 Operator, BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department De,cription -------------------- -------------------- -_.--------------------- ------------ Amount Vendor Name PLANNING MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Department 150 M. LS. M. LS. M. LS. AT&T LONG DISTANCE CHARGES/JU INSIGHT PUBLIC SECTO MOUSE PADS INSIGHT PUBLIC SECTO TRACK BALL MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Department 160 M. LS. POLICE FOLICE POLICE POLICE POLICE POLICE POLICE POLICE AT&T LONG OISTANCE CHARGES/JU BIRCHEN ENTERPRISES VEHICLE MAINT BUREAU OF CRIMINAL A CJDN CONNECTION BUREAU OF CRIMINAL A MDT HOST DEVICE CAFITOL COMMUNICATIO REPAIR RADIO EQUIPMENT CUB FOODS GRAND EXCURSION/ ICE & P DAXOTA COUNTY TREAS- DAXOTA CO FUEL JUNE CHGS KUSTOM SIGNALS, INC. REPAIR RADAR UNIT MILLER & HOLMES, INC SQUAR CAR WASHES MINNESOTA MUTUAL JULY LIFE INSURANCE NEXTEL COMMUNICATION CELL PHONE 5/27-6/26 Total for Department 201 POLICE POLICE POLICE BUILOING AND INSPECT "T&T LONG DISTANCE CHARGES/JU BUILOING AND INSPECT BDM CONSULTING ENGIN FINAL GRADE BUILDING AND INSPECT aDM CONSULTING ENGIN TOP OF BLCDK VERIFICATIO BUILDING AND INSPECT CROSSROADS EXPRESS L BRAKE LIGHT REP"'R UNIT BUILDING AND INSPECT DAXOTA COUNTY TREAS- DAKOTA CO FUEL JUNE CHGS BUILOING AND INSPECT DOWNTOWN TIRE & AUTO TIE ROD/BRAKES/PADS/ROTO BUILDING AND INSPECT MCES JUNE SAC CHARGES BUILDING AND INSPECT MINNESOTA MUTUAL JULY LIFE INSURANCE BUILDING AND INSPECT NEXTEL COMMUNICATION CELL PHONE 4/10-5/18/04 BUILOING AND INSPECT NEXTEL COMMUNICATION CELL SVC 5/10-6/18 BUILDING AND INSPECT O'BRIEN, JOE CHEVROL BLDG INSP VEHICLE LEASE BUILDING AND INSPECT O'BRIEN, JOE CREVROL LEASE BLDG INSP VEHICLE Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS ANDERSEN, E. F. & ASS SIGN PLATES/ SIGNS/CONES AT&T LONG DISTANCE CHARGES/JU DAXOTA COUNTY TREAS- DAXOTA CO FUEL JUNE CHGS MINNEGASCO. ACCT' S P" JUNE GAS MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Department 300 PARKS AND RECREATION ELECTRO WATCHMAN, IN MONITORING FEES PARKS AND RECREATION HOFFMAN-MCNAMARA REPLACEMENT TREES/GEN SI PARKS AND RECREATION MINNESOTA MUTUAL JULY LIFE INSURANCE PARKS AND RECREATION WASTE MANAGEMENT CITY CLEAN UP DAY Total for Department 401 MISCELLANEOUS MAGUIRE AGENCY 3RD QTR SERVICE FEE Page, 15.80 18.71" .30 5.08 17.26 8.10 30.74" 43.71 652.80 300.00 380.00 40.47 30.36 Z,352.85 73.00 125.00 226.80 1.024.a 5,340.10" 7.03 4,700.00 650.00 5.31 172.55 651.50 64,152.00 32.40 177 .48 173.85 2.051.22 2,051.22 74. "4.56" 1,150.49 11.68 2,011.99 89.38 117.29 3,380.8)" 57.51 2,700.00 4.05 4,042.85 6,804.41" 3,200.00 Date: 07/13/2004 Time: 09:31:48 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description nnn____-_uuuu uuu_u_u__h__--_U- -_uu_u_u Amount Total for Department 600 Total for Fund 101 PARKS AND RECREATION AT&T LONG DISTANCE CHARGES/JU PARKS AND RECREATION MINNEGASCO.ACC'r'S PA JUNE GAS PARKS AND RECREATION MIRACLE RECREATION E SLIDE EXIT SEC'rION PARKS AND RECREATION MINNESOTA MUTUAL JULY LIFE INSURANCE PARKS AND RECREATION RENT 'N' SAVE PORTAE JUNE RENTALS PARKS AND RECREATION SHERWIN-WILLIAMS PAINT/ ROLLERS Total for Department 401 Total for Fund 200 PARKS AND RECREATION AT&T LONG DISTANCE CHARGES/JU PARKS AND RECREATION MINNEGASCO,ACCT'S PA JUNE GAS PARKS AND RECREATION MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Department 401 Total for Fund 201 FIRE FIRE FIRE FIRE AT&T LONG DISTANCE CHARGES/JU CCP INDUSTRIES INC NEUTRAL FRESH DISINFECTA DAKOTA COUNTY TREAS- DAKOTA CO FUEL JUNE CHGS HENNEPIN TECHNICAL C FIRE SCHOOL TUITION-CRIS MINNEGASCO, ACCT' S PA JUNE GAS MINNESOTA MUTUAL JULY LIFE INSURANCE MOTOR PARTS SERVICE 3 BALL BOX FOR 14" MOTOR PARTS SERVICE 3 BALL SET FOR 149B MOTOR PARTS SERVICE 3 BALL SET FOR 1499 VERIZON WIRELESS CELLULAR PHONE CHARGES FIRE FIRE FIRE FIRE FIRE FIRE Total for Department 210 AMBULANCE AMBULANCE BLUE CROSS BLUE SHIE OVERPAY/CALL 20040324/ R DAKOTA COUNTY TREAS- DAKOTA CO FUEL JUNE CHGS MOORE MEDICAL CORP. AMBULANCE/MEDICAL SUPPPL PRAXAIR DISTRIBUTION OXYGEN Total for Department 220 AMBULANCE AMBULANCE Total for Fund 213 PARKS AND RECREATION PINE BEND PAVINC, IN TU'I"rLE PARK/ PATHWAY CON Total for Department 401 Total for Fund 401 EQUIPMENT REVOLVING MIDWEST FIRE EQUIPME CHASIS/WATER TANKER TRUC Total for Oepartment BOO Total for Fund 403 Page' 3.200.00" I05,091.0B" .29 145.B4 29B.30 52.65 292.BB 106.60 B96.56" B96.56" 6.56 7 ,BB7 .55 11.IB 7.905.29" 7,905.29" B.03 93.01 7BB.44 119.00 202.03 105.30 12.73 59.64 46.92 115.14 1.550.24" 62B.27 290.61 279.B4 15B.42 1,357.14" 2,907.3B" 6,592.00 6,592.00" 6.592.00" 93,500.00 93,500.00" 93,500.00" Date, 07/U/2004 Department Time, O9,)1,4B Operator, BECKY KLINE Page, --_u_-------------- ----------------- -. ------------------------ ------------ Amount CITY OF HASTINGS FM Entry - Invoice Payment - Oepartment Report Vendor Name Description ROUSING AND REDEVELO AT&T ROUSING AND REDEVELD EHLERS & ASSOC ROUSING AND REDEVELO KDWA RADIO ROUSING AND REDEVELO MINNESOTA MUTUAL LONG DISTANCE CHARGES/JU RIVERFRONT REOEV SERVICE PRINTI DISTRIBUTE FLYERS JULY LIFE INSURANCE Total for Department 500 Total for Fund 404 ROUSING AND REDEVELO GUARDIAN ANGELS/RAST 1ST 04 PAYMENT Total for Department 500 Total for Fund 405 JULY LIFE INSURANCE ECONOMIC DEVELOPMENT MINNESOTA MUTUAL PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK Total for Department IBO Total for Fund 407 AT&T LONG DISTANCE CHARGES/JU BOISE CASCADE OFFICE PAPER DPC INDUSTRIES, INC. HYDROFLOURISILICIC ACID DAKOTA COUNTY TREAS- DAKOTA CO FUEL JUNE CRGS MINNEGASCO, ACCT' S PA JUNE GAS MINNESOTA MUTUAL JULY LIFE INSURANCE NAT'L WATERWORKS BREAK OFF KITSI BUSHINGS SHERWIN-WILLIAMS RED PAINT TWIN CITY WATSR CLIN BACTERIA ANALYSIS WATER LABORATORIES I TESTING Total for Department 300 Total for Fund 600 DAKOTA COUNTY TREAS- DAKOTA CO FUEL JUNE CRGS MINNESOTA MUTUAL JULY LIFE INSURANCE Total for Department 300 Total for Fund 601 BOYER FORD TRUCKS T-3 CORE RETURN BOYER FORD TRUCKS T-3 REPLACE THERMOSTAT BOYER FORD TRUCKS T-S ALT BELT CROICEPOINT SERVICES TRAC DRUG TESTING 2ND QT DAJroTA COUNTY TREAS- DAKOTA CO FUEL JUNE CHGS DEERFIELD ADVERTISIN CARHARTI OUTWEAR/COWDEN KREMER SPRING & ALIG SPRINC STOCK/UBOLT MN BODY & EQUIPMENT EMERGENCY EXIT DECALS MINNESOTA MUTUAL JULY LIFE INSURANCE WHITEWATER WIRELESS, T-4 RADIO REPAIR Total for Department 107 3.51 4, B7B .24 125.00 B.91 5.015.66' 5,015.66' 17. BB9.49 l7.BB9.49' 17,BB9.49' 1.22 1.22' 1.22' .45 B4.99 525.42 943.97 219.49 45.04 709.19 76.62 160.00 60.00 2,B2S.17' 2,B2S.17' Z13.16 24.36 237.5Z' 237.52' -57.51 336.07 31.BB 56.00 I,211.7B 60.aO 233.37 B.3B 23.00 222.54 2,125.51' Dat., 07/13/2004 Time, 09,31,48 operator, BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Description uuuuu_--_uuu uu_-_uuuU_--u _uuun-_unnn_uU nnnuuU Amount Vendor Name Total for Fund 6I0 PARKS AND RECREATION AT&T LONG OISTANCE CHARGES/JU PARKS AND RECREATION BONESTROO & ASSOC PROF SVCS 5/2-5-29 PARKS AND RECREATION MIDTOWN FOOD CENTER ARENA CONCESSIONS JUNE 0 PARKS AND RECREATION MINNEGASCO,ACCT'S PA JUNE GAS PARKS AND RECREATION MINNESOTA MUTUAL J1JLY LIFE INSURANCE Total for Department 4or Total for Fund 615 PUBLIC WORKS MINNESOTA MUTUAL J1JLY LIFE INSURANCE Total for oepartment 300 Total for Fund 620 HOUSING AND REDEVELO BRADLEY & DEIKS PA SHERMAN REDEVELOPMENT HOUSING AND REDEVELO EHLERS & ASSOC RIVERFRONT REOEV SERVICE Total for Department 500 Total for Fund 801 Grand Total Page: 2,125.51> .54 4,16'.16 13.01 192. '5 21.22 4.396.94> 4,396.'4> 14.1a 14.la> l4.1S> 50.00 153.13 203.13> 203.13> 249.601.13> VI-2 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene Stark, Assistant Finance Director 2004 Transfers, Write-oft of a Receivable July 13, 2004 The City Council is asked to authorize the following transfer requests: Debt Service $ 200,000 from Debt Redemption fund to the 1993 Bldg debt fund and $200,000 from the Debt Redemption fund to the 2002 G.O. Obligation fund. These transfers were part of the 2004 debt service budget. Transfer the balance in the 1992 G.O. Obligation fund to the Debt Redemption fund. This will close out this fund as there is no further debt to be paid. The amount of the cash balance is $15,313.43. The City Council is also asked to authorized the write-off of an accounts receivable of $50.00 Background This $50.00 administrative penalty was imposed back in April on Carla Hurlburt for selling tobacco to a minor. She has since pleaded guilty and paid the fine at Dakota County and has moved out of Hastings. We have tried to collect this for several months and per Shawn he suggests we write it off. So based on the fact we have lost touch with her and the accounts receivable is over 90 days staff asks to write off this fine. If you should have any questions regarding this information, please feel free to contact me. Council Action ReQuested Authorize the above 2004 transfers and the $50.00 account receivable write-off VI-3 To: Honorable Mayor and City Council members CC: Lori Webster, Cindy Smith From: Char Stark, Assistant Finance Director Date: 7/14/2004 Re: Donation-LeDuc Program Recommended City Council Action Staff requests the Council to accept a cash donation of$IOO.OO for the LeDuc Mansion Program. Ms. Gretchen Baier Bonham donated $100.00 on July 2nd. No restrictions were placed on the donations except it should be used for the LeDuc Mansion. VI-4 ' Memorandum To: Mayor Werner, City Council From: William R. Mesaros, Department of Building Safety Date: July 13, 2004 Subject: Council approval to replace existing septic system drainfield at Lock and Dam #2. United States Anny Corps of Engineers. Please find attached a proposed design for the replacement of the existing ISTS On site sewage drainfield located at Lock and Darn #2. Hastings City Code section 4.12 subd. 4.C states "No private on-site sewer system shall be permitted without approval by the City Council". If approved, the property owner is required to install and maintain the system in compliance MPCA rules Chapter 7080 and Hastings City Chapter 4 Construction Regulations Code. The City of Hastings presently does not provide city sewer access to the site. Staff recommends approval due to non-availability of city sewer service to the Lock and Dam site. ~I ~~'~ ~~I~~ I I I ~ I I.... I ~ 1 14 ~ II , I I ~ 1 "- ~ ~ I I I :::, ~ 1 I \,) ~ I I I I ~ ~ : I 1 I ~ I I I ¡ I I 1 ~I I ~I J . I ~ I~ -c I ~ ~, -- ~ .. ~~ - ~ ~ ~~ ' ~ ~ "-~~~~ ~ I "I ~~~ ~ ~ ~ ""-.I ~~ ~~ ~ ~ 11¡ . .~ ~ ~ <::I. " ... ..... I . ~ " ~ ~' ~ ~ I & ~ I ~ " ~ ~ ~~ ~ ~ .~ ~ ~ ~ .~ ':'\ '~ 'J ~ ~~ ~ ~ ~" ~ ~ ~~ ~(~ ~~ ~ '<;S ,~ ~' ~ ~ \ ~ k .~ t-~ ~~ ~ ~~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~t? ~" ~ '" ,~ I \ ~ '-J~ . -<4 " í~ VI.5 . MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery July 14, 2004 Request for Temporary Compensatory Leave Cap Adjustment Council is requested to approve temporary compensatory leave cap adjustments for Assistant City Engineer Nick Egger and City Engineer Dave Gurney. Both Nick and Dave are working 20 to 40 hours of compensatory time per two week pay period. Although both Nick and Dave had drawn their compensatory leave balances down to low levels prior to the start of construction, the amount of construction and the pace the contractors are working will result in Nick and Dave reaching the 120 hou~tory time limit by the end of the next pay period. COUNCIL ACTION REQUESTED Council is requested to approve a temporary compensatory leave cap for Nick and Dave of 240 hours beginning with the pay period that ends July 25th. The compensatory cap for Dave Gurney would revert back to the 120 hour limit by December 31,2004. The compensatory cap for Nick Egger would revert back to the 120 hour limit by April 30,2005. Any unused compensatory time remaining above the 120 hour limit after the respective end dates would be lost. BACKGROUND The Engineering Department is currently supervising six separate construction contracts and contractors: Project 2003 Riverwood South Oaks 2003-7, Spiral Blvd & 31" St. Extensions 2004-1, Westwood Area Improvements 2004-2, 31" S1. Reconstruction Contractor Contractors Edge Ryan Contracting Contract Amount $2,500,000 $1,100,000 A-I Excavating $3,200,000 $1,000,000 Three Rivers Construction ern' OF HASTINIiS Project 2004-3, Vermillion River Trail & Hwy 61 Underpass 2004-4, Hwy 61 & 10th St. Contractor Mattison Construction Contract Amount $ 250,000 Ace Blacktop $ 600,000 The Westwood Area project has been the most time intensive, with keeping 200 homes in service while replacing existing water and sewer mains. The construction staging limits the contractor to open cutting about a third of the project area at any given time. While beneficial to the residents, this staging restriction has resulted in limiting the number of construction crews working on site and extending the hours of the two crews the contractor has assigned to this project. The contractor's crews are typically working 12 hour days and Saturdays. Nick and Dave have been particularly active late afternoons and early evenings meeting with residents concerning questions and issues about temporary water services, access problems, and construction issues. Nick and Dave typically tag team the after hours and weekend work so that only one engineer is on site during this time. The Spiral Boulevard and 31 st St. extension project is expected to wind down by the end of July and the Riverwood South Oaks project should wind down by the end of August. However, construction of the 31 st St. reconstruction project, Hwy 61 and 10th St., and the Vermillion River Trail are all expected to start up in the next two weeks. In addition, the parking lot for the LeDuc Mansion will need to be designed and constructed this fall. As an alternative to temporarily extending the compensatory leave cap, the City could hire consultant inspectors to cover the after hours and weekend work. I do not recommend this option, as the City will incur significant additional cost ($2,000 to $4,000 per week). Aside from cost, I have been reluctant to utilize consultants on street reconstruction projects, feeling that City personnel would be more responsive and accountable to residents' issues. VI-6 . MEMO To: Honorable Mayor and City Council From: Tom Montgomery Date: July 13, 2004 Re: Animal Ark Event Overflow Parking Request Council is requested to approve the enclosed request from Animal Ark to allow them to use Industrial Court for overflow on Saturday, August 7, 2004 from 8:00 AM to 2:00 PM. Industrial Court is posted for No Parking. -°- ...... ...... Animal Ark =- July 7, 2004 AN"" !'rof.. No Kill She""" Derlicut,d 10 Finding Horn.. for Homcl... Pels ~ "'= ,.. To;Tom MontgoiDery Hast~Public Works \U~ t>W&\'c:ss.Qr. lIastings. MN 55033 -. """""" T........ ""'"'- ..... ........ "'"""""'" ,...,- """""..... 0"""_0"'" -....... _L- ..... ..- _w.... Dear Tom. We would like to ask \bat you pleese consider our nquesI fur special pemùssion to park in the OIII-de-IIaC in front of'our property on August 't, 2004 from 8:00A.M. to 2:00P.M. for OUt annual Animal Walk, a tnI\ÍOt fund nûser for us. ThaDIt you, Mary F. ;/? av¡~ Friends of ADimal Adoptions, me. dIbIa Animal Ark 2600 Industrial Ct. Hastings. Mn. 55033 (612) 438-9195 ADimal Ark Thrift and Pet Store 957 W. 7th SI. St. Paul, Mn. 55102 (612) 222-4651 VI.7 . MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery July 14,2004 Approve Utilities Maintenance III Operator Job Description Council is requested to approve the enclosed Utilities Maintenance III Operator job description. The Maintenance m position is equivalent to a Street Department Heavy Equipment Operator and replaces the Hydro Operator position. The three main job categories for a Maintenance III Operator includes Hydropower Plant operations, sewer cleaningIV actor operations, and construction inspection and locates. The three Maintenance III Operators will be cross trained for all three job categories. The Maintenance IILOperator position was negotiated into the 2004 49-er Union Contract. CITÝ OF 1lASTI!I6S CITY OF HASTINGS POSITION DESCRIPTION Position Title: Department: Reports To: Exempt: Normal Shift: Approved by City Council: Utilities Maintenance III Operator Public Works-Utilities Utility Superintendent No 7:00 AM-3:00 PM Summarv Under general supervision, performs skilled work in the repair of water, wastewater, and hydroelectric maintenance, and maintains related records as required. Major duties include operation of the vactor truck and directing and maintaining records for sanitary sewer operations, Gopher One Call locations and support of the City's annual street and utility construction program, and operation, maintenance and record keeping for the hydroelectric plant. Essential Duties & Responsibilities Tests water samples for fluoride verification and takes bacteria samples. Performs general hydro power plant maintenance which includes ØwtÏ8 not limited to: recording of daily kilowatt output meters, temperature readings of: turbines, generators and converters; trash rack cleaning. Assists with maintenance and repair to sanitary sewer system, including operation ofvactor truck. Performs lift station maintenance, including complete cleaning of all lift stations and operation and care for all other tools, equipment and machinery necessary for sanitary sewer system maintenance. Utility inspection of construction projects. Locating of all city utilities for Gopher One Call program. Biannual attendance at three-day A. W. W.A. Water Operators Training Course to maintain State of Minnesota Class "B" Operator Certificate. Assist other departments in emergency situations. Performs other duties and assumes other responsibilities as apparent or has delegated by supervisor. Knowledee. Skills & Abilities Good working knowledge of electric, motors and generators. Good working knowledge of materials, techniques, tools and equipment used in water metering equipment repair. Good working knowledge of all aspects of municipal sanitary sewer operation and maintenance procedures. Ability to repair water meter reading equipment. Ability to establish and maintain effective working relationships with others. Ability to keep accurate and complete office records. Ability to work in and around high voltage areas. Criteria to Qualifv for this )osition: . Must possess Minnesota Water Operator Certification Class "B" License and Class "CS" Wastewater License. . Considerable knowledge of land and engineering survey systems, methods, and techniques. . Possession of a valid Minnesota Class A Commercial Driver's License and a good driving record. . Good verbal and written English communication skills; . High school diploma or GED equivalent; . Ability to establish and maintain effective working relations with both co- workers, supervisors, and the public; . Currently a Utility Maintenance Operator II with the City of Hastings; Three years of experience in water system and sanitary sewer system installation, maintenance and repair work. Desired Qualifications: . Completion of the MPW A Public Works Certificate program. . A general knowledge of electrical generation, transformers, wiring and high voltage circuitry. . Seven years of experience in water system and sanitary sewer system installation, maintenance and repair work. Com )etencies Common to All City Positions: . Demonstration, by personal example, of the service, excellence, and integrity expected from all staff. . Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. . Confer regularly with and keep immediate supervisor informed of all important matters that pertain to the applicable job functions and responsibilities. . Represent the City of Hastings in a professional manner to the general public and outside contacts and constituencies. Physical Demands: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to drive, sit, talk and/or hear, stand, walk, use hands to finger, handle or operate objects, tools or equipment; reach with hands and arms; climb or balance; stoop, knee!, crouch or crawl; taste and smell. Good hand-eye coordination is necessary to operate computers, and various pieces of utility maintenance equipment. While performing the duties of this position, the employee is occasionally required to lift up to 40 pounds and/or move up to 90 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed primarily outdoors and infrequently in an office setting. Outdoor work is required in the inspection of various construction sites and projects, utility maintenance, and hydroelectric facility maintenance. The noise level in the work environment is elevated around maintenance and construction equipment. Ear protection is required inside the two lower levels of the hydroelectric plant. Outdoor work may require exposure to hot and cold temperatures, and various weather conditions, including rain, snow, and wind. Date: July 13, 2004 Project: Westwood Area Reconstructio Contractor: Three Rivers Construction Request Number: 1 Payment Period: 5/1/2004 - 6/30/2004 ITEM Request For Payment ORIGINAL BID II COMPLETED I This Period II To Date 1 ~ ¡ Quantity I I Unit Price III I Quantity I I Amount II Quantity II Amount l LF 500 $1.00 3486 $3.486.00 3486 $3,486.00 Sy 3625 $1.00 628.88 $628.88 628.88 $628.88 Sy 42100 $1.27 11662 $14,810.74 11662 $14,810.74 Sy 2500 $1.00 570.11 $570.11 570.11 $570.11 EA 2 $1,314.13 2 $2,628.26 2 $2,628.26 EA 170 $29.16 33 $962.28 33 $962.28 LF 6900 $11.07 361.5 $4,001.81 361.5 $4,001.81 LF 2300 $15.20 231 $3,511.20 231 $3,511.20 LF 3600 $16.80 437 $7,341.60 437 $7,341.60 LF 3090 $18.95 927 $17,566.65 927 $17,566.65 LF 5 $240.69 4.1 $986.83 4.1 $986.83 LF 20 $38.60 20 $772.00 20 $772.00 LF 1070 $20.61 84 $1,731.24 84 $1,731.24 LF 90 $30.61 90 $2,754.90 90 $2,754.90 LF 10 $30.61 10 $306.10 10 $306.10 < EA 46 $300.00 5 $1,500.00 5 $1,500.00 ' CO EA 47 $1,750.37 7 $12,252.59 7 $12,252.59 LF 142 $88.16 21.62 $1,906.02 21.62 $1,906.02 EA 20 $150.00 4 $600.00 4 $600.00 EA 27 $100.00 5 $500.00 5 $500.00 LF 340 $20.40 25 $510.00 25 $510.00 LF 11655 $21.60 1494 $32,270.40 1494 $32,270.40 EA 23 $791.10 7 $5,537.70 7 $5,537.70 Page 1 of 4 COMPLETED I This Period II To Date I Quantity II Amount II Quantity II Amount ITEM ORIGINAL BID ~ I Quantity II Unit Price I 8" LIVE TAP ON EX 12' WM HYD 7.5' BURYW/GV REMOVE EX STORM SEWER 62' X 102" RCP ARCH PIPE CL III REMOVE EX DRAINAGE STRUCTURE Subtotal EA 2 $2,106.08 1 $2,106.08 1 $2,106.08 EA 20 $2,370.20 3 $7,110.60 3 $7,110.60 LF 5350 $5.00 197.5 $987.50 197.5 $987.50 LF 290 $222.00 152 $33,744.00 152 $33,744.00 EA 63 $300.00 1 $300.00 1 $300.00 $161,383.48 $161,383.48 Page 2 of 4 CITY OF HASTINGS Westwood Area Reconstruction Payment Summary 5/1/2004 through 6/30/2004 PROJECTS: l. This Period II Total To Date I Maple St, Oak St, Walnut St, Forest St, 19th St. $161,383.48 $161,383.48 TOTAL WORK COMPLETED TO DATE: $161,383.48 $161,383.48 Page 3 of 4 City of Hastings Westwood Area Reconstruction Application for Payment Number: 1 Period Ending: 6/30/2004 Contractor: Three Rivers Construction 15001 Hudson Road POBox 206 Lakeland, MN 55043 D~e/l 'J 'Z...ocl1. ~. Date contract~~ r- Engineer Approved by: Date Owner ~=NT SUMMARY: TOTALS TO DATE: Pay Est. # Period Retainage Payment 1 5/1/2004 - 6/30/2004 $0.00 $161,383.48 I $0.00 $161,383.48 I Total Completed To Date Less Retainage: Less Previous Payment: Total Amount Due: $161,383.48 $0.00 $0.00 $161,383.48 Page40f4 Item Account Records 7113/2004 Westwood Area Reconstruction 5/112004 through 6/30/2004 6130/2004 MILL BIT PAVT Egger SY 11,662.0000 $1.27 $14,810.74 6130/2004 CONNECT TO EX MH Egger EA 2.0000 $1,314.13 $2,828.28 6/3012004 4" ON 8' PVC WYE Egger EA 33.0000 $29.16 $962.28 6130/2004 4" PVC SDR 26 (FOR SERVICES) Egger LF 361.5000 $11.07 $4,001.81 6/30/2004 8' PVC PIPE SEWER SDR 35 (0-10' DEPTH) Egger LF 231.0000 $15.20 $3,511.20 6130/2004 8" PVC PIPE SEWER SDR 35 (10-12' DEPTH) Egger LF 437.0000 $16.80 $7,341.80 6/30/2004 8" PVC PIPE SEWER SOR 35 (12-14' OEPTH) Egger LF 927.0000 $18.95 $17,566.65 6130/2004 8" OUTSIDE DROP Egger LF 4.1000 $240.69 $966.83 6130/2004 8" DIP SAN SEWER (All DEPTHS) Egger LF 20.0000 $38.60 $772.00 6130/2004 10" PVC PIPE SEWER SDR 35 (12'-14' OEPTH) Egger LF 84.0000 $20.61 $1,731.24 6130/2004 10" PVC PIPE SEWER SDR 35 (14'-16' OEPTH) Egger LF 90.0000 $30.61 $2,754.90 6/3012004 10" PVC PIPE SEWER SOR 35 (16'-18' OEPTH) Egger LF 10.0000 $30.61 $306.10 6/30/2004 REMOVE EX SSMH Egger EA 5.0000 $300.00 $1,500.00 6/3012004 48" DIA SSMH Egger EA 7.0000 $1,750.37 $12,252.59 6/30/2004 EXTRA DEPTH MH OVER 10' Egger LF 21.6200 $88.16 $1,906.02 613012004 REMOVE EX HYO AND GV Egger EA 4.0000 $150.00 $600.00 6130/2004 REMOVE EX GV Egger EA 5.0000 $100.00 $500.00 6/30/2004 6" OIP CL 52 WI FITTINGS Egger LF 25.0000 $20.40 $510.00 613012004 8" DIP CL 52 WI FITTINGS Egger LF 1,494.0000 $21.60 $32,270.40 6/30/2004 8" GV AND BOX Egger EA 7.0000 $791.10 $5,537.70 6130/2004 8" LIVE TAP ON EX 12' WM Egger EA 1.0000 $2,106.08 $2,106.08 6130/2004 HYD 7.5' BURY WI GV Egger EA 3.0000 $2,370.20 $7,110.60 Pagelof2 Date ItemDescription By Comments 6130/2004 REMOVE EX STORM SEWER Egger 613012004 62' X 102" RCP ARCH PIPE CL III Egger 613012004 REMOVE EX DRAINAGE STRUCTURE Egger 6/30/2004 REMOVE CONC SIOEWALK!ORIVEWAY Egger 613012004 REMOVE BIT PAVT Egger 613012004 REMOVE BIT CURB Egger Walnut Street Unit Quantity Unit Price ItemTotal: LF 197.5000 $5.00 $987.50 LF 152.0000 $222.00 $33,744.00 EA 1.0000 $300.00 $300.00 SY 628.8800 $1.00 $628.88 SY 570.1100 $1.00 $570.11 LF 3,486.0000 $1.00 $3,486.00 Total Project Amountfor Period: $161,383.48 Page 2 ofZ Quantities and Costs To Date Westwood Area Reconstruction Tuesday, July 13, 2004 Actunl Total I I Quantity Quantity Overage I I Bid Total 10" PVC PIPE SEWER SDR 35 (12'-14' DEPTH) IF $20.61 1,070.00 84.00 $22,052.70 $1,731.24 10" PVC PIPE SEWER SDR 35 (14'-16' DEPTH) IF $30.61 90.00 90.00 $2,754.90 $2,754.90 10' PVC PIPE SEWER SOR 35 (16'-18' DEPTH) IF $30.61 10.00 10.00 $306.10 $306.10 4' ON 8' PVC WYE EA $29.16 170.00 33.00 $4,957.20 $962.28 4" PVC SDR 26 (FOR SERVICES) IF $11.07 6,900.00 361.50 $76,383.00 $4,001.81 48' DIA SSMH EA $1,750.37 47.00 7.00 $82,267.39 $12,252.59 6' OIP Cl52 WI FITTINGS IF $20.40 340.00 25.00 $6,936.00 $510.00 62' X 102" RCP ARCH PIPE ClUI IF $222.00 290.00 152.00 $64,380.00 $33,744.00 8' OIP Cl52 WI FITTINGS IF $21.60 11,655.00 1,494.00 $251,748.00 $32,270.40 8' DIP SAN SEWER (All DEPTHS) IF $38.60 20.00 20.00 $772.00 $772.00 8' GV AND BOX EA $791.10 23.00 7.00 $18,195.30 $5,537.70 8'lIVE TAP ON EX 12' WM EA $2,106.08 2.00 1.00 $4,212.16 $2,106.08 8' OUTSIOE DROP IF $240.69 5.00 4.10 $1,203.45 $986.83 8' PVC PIPE SEWER SOR 35 (0-10' OEPTH) IF $15.20 2,300.00 231.00 $34,960.00 $3,511.20 8' PVC PIPE SEWER SOR 35 (10-12' DEPTH) IF $16.80 3,600.00 437.00 $60,480.00 $7,341.60 8' PVC PIPE SEWER SOR 35 (12-14' OEPTH) LF $18.95 3,090.00 927.00 $58,555.50 $17,566.65 CONNECT TO EX MH EA $1,314.13 2.00 2.00 $2,628.26 $2,628.26 EXTRA OEPTH MH OVER 10' IF $88.16 142.00 21.62 $12,518.72 $1,906.02 HYD 7.5' BURY WI GV EA $2,370.20 20.00 3.00 $47,404.00 $7,110.60 Mill BIT PAVT SY $1.27 42,100.00 11,662.00 $53,467.00 $14,810.74 REMOVE BIT CURB IF $1.00 500.00 3,486.00 2986 $500.00 $3,486.00 REMOVE BIT PAVT SY $1.00 2,500.00 570.11 $2,500.00 $570.11 REMOVE CONC SIOEWAlKIDRIVEWAY SY $1.00 3,625.00 828.88 $3,625.00 $628.88 REMOVE EX ORAINAGE STRUCTURE EA $300.00 63.00 1.00 $18,900.00 $300.00 REMOVE EX GV EA $100.00 27.00 5.00 $2,700.00 $500.00 REMOVE EX HYO AND GV EA $150.00 20.00 4.00 $3,000.00 $600.00 REMOVE EXSSMH EA $300.00 46.00 5.00 $13,600.00 $1,500.00 REMOVE EX STORM SEWER IF $5.00 5,350.00 197.50 $26,750.00 $987.50 SubProject Totals: $877,956.68 $161,383.48 Total Project Amount To Date: $877,956.68 $2,986.00 $2,986.00 $161,383.48 $2,986.00 Pagel afl Request For Payment Date: July 14, 2004 Project: Rivenl\lood South Oaks Contractor: Contractor's Edge Request Number: 7 Payment Period: 5/1/2004 - 6/30/2004 ITEM ORIGINAL BID II COMPLETED - I This Period II To Date ] I~ ¡Quantity I I Unit Price IU I Quantity I I Amount II Quantity II Amount I - SAW BIT PAVT (FULL DEPTH) LF 1100 $3.06 0 $0.00 32 $97.92 COMMON EXC (TRAIL/WALK/BOX CULVERTS) (EV) Cy 3225 $5.10 0 $0.00 960 $4,896.00 SUBGRADE PREP AS 89.2 $128.52 0 $0.00 23 $2,95S.96 AGG BASE CL 5 (STREET) TON 25045 $7.55 6131.67 $46,294.11 12264.91 $92,600.07 BIT NON WEAR COURSE (MV 3) STREET TON 7570 $29.33 0 $0.00 1656.79 $48,593.65 BIT NON WEAR COURSE (LV 3) TRAIL TON 515 $37.33 180.35 $6,732.47 180.35 $6,732.47 CONC CURB AND GUTTER B618 LF 18125 $7.24 0 $0.00 4268 $30,900.32 12' MH RISER 48' DIA EA 3 $291~ 0 $0.00 1 $291.77 36" MH RISER 48" DIA EA 3 $441: 0 $0.00 3 $1,323.39 48" MH RISER 48" DIA EA 2 $472.QG 0 $0.00 1 $472.03 ADJUST GV EA 6 $311.1'1 0 $0.00 5 $1,558.55 EROSION CONTROL LS 1 $4,000.1$! 0 $0.00 0.5 $2,000.06 SEED LB 767 $2.8) 0 $0.00 100 $281.00 MULCH TON 30.85 $204.~ 0 $0.00 5 $1,020.05 . $500.of ::= FERTILIZER ¡ 2.03 0 $0.00 0.25 $125.00 ¡ CONNECT TO EX MH EA 8 $1,Q42.94 0 $0.00 10 $10,429.40 ' CD CONNECT TO EX WYE ' ~ 19 $412.92 0 $0.00 6 $2,477.52 4" X 8" PVC WYE EA 134 $39.87 0 $0.00 6 $239.22 4"X6"PVCWYE EA 13 $39.09 0 $0.00 7 $273.63 4" PVC SDR 26 (FOR SERVICES) LF 7790 $7.00 0 $0.00 795 $5,565.00 8" PVC PIPE SEWER SDR 35 (0-10' DliPTH) LF 1765 $13.23 0 $0.00 132 $1,746.36 8" PVC PIPE SEWER SDR 35 (10-12' DEPTH) LF 1974 $14.57 0 $0.00 299 $4,356.43 8' PVC PIPE SEWER SDR 35 (12-14' DEPTH) LF 2256 $15.35 0 $0.00 228 $3,499.80 Page1of12 ITEM I ORIGINAL BID II COMPLETED - I This Period II To Date ~ I Quantity II Unit Price IIII Quantity II Amount II Quantity II Amount 8" PVC PIPE SEWER SDR 35 (14-16' DEPTH) LF 555 $23.52 I 0 $0.00 207 $4,868.64 8" PVC PIPE SEWER SDR 35 (16-18' DEPTH) LF 99 $69.13 I 0 $0.00 23 $1,589.99 8" OUTSIDE DROP LF 18.2 $285.40 I 0 $0.00 15 $4,281.00 8" DIP SAN SEWER LF 20 $36.62 I 0 $0.00 20 $732.40 48" DIA MH EA 35 $1,506.97 I 0 $0.00 3 $4,520.91 SALVAGE CONE SECTION EA 9 $214.52 I 0 $0.00 5 $1,072.60 24" MH SECTION 48" DIA EA 1 $103.23 I 0 $0.00 2 $206.46 36" MH SECTION 48" DIA EA 1 $429.04 I 0 $0.00 1 $429.04 CONNECT TO EX WM EA 12 $412.92 I 0 $0.00 7 $2,890.44 SALVAGE EX HYD EA 3 $412.92 0 $0.00 2 $825.84 8" LIVE TAP ON EX 14" WM EA 3 $1,821.39 I 0 $0.00 2 $3,642.78 6" DIP CL 52 WI FITTINGS LF 738 $27.77 I 0 $0.00 529 $14,690.33 8" DIP CL 52 WI FITTINGS LF 8585 $20.20 I 0 $0.00 3087 $62,357.40 6" GV AND BOX EA 27 $666.67 I 0 $0.00 10 $6,666.70 8" GV AND BOX EA 16 $855.34 I 0 $0.00 3 $2,566.02 1" CORPORATION STOP 202 $72.75 I 0 $0.00 27 $1,964.25 1" TYPE K COPPER LF 9440 $7.61 I 0 $0.00 1383 $10,524.63 1" CURB STOP AND BOX EA 202 $61.23 I 0 $0.00 27 $1,653.21 INSTALL SALVAGED HYDRANT EA 3 $928.84 I 0 $0.00 2 $1,857.66 6" HYD 8'-0" BURY EA 19 $1,691.59 I 0 $0.00 4 $6,766.36 8' X 5' PRECAST CONC BOX CULVERT LF 182 $282.35 I 0 $0.00 162 $51,387.70 10' X 5' PRECAST GONG BOX CULVERT LF 282 $329.62 I 0 $0.00 264 $87,019.66 8' X 5' PRECAST CONC BOX CULVERT (150 END SECTI EA 4 $4,095.13 I 0 $0.00 4 $16,380.52 10' X 5' PRECAST CONC BOX CULVERT (150 END SECTI EA 6 $3,707.12 I 0 $0.00 6 $22,242.72 CONNECT TO EX STORM SEWER EA 4 $464.53 I 0 $0.00 3 $1,393.59 REMOVE FES EA 2 $206.46 I 0 $0.00 2 $412.92 15" RCP APRON CL III WITRASHGUARD EA 4 $489.92 I 0 $0.00 3 $1,469.76 30" RCP APRON CL III W/TRASHGUARD EA 2 $961.29 I 0 $0.00 2 $1,922.58 30" X 30" TEE SECTION RCP CL III EA 1 $670.46 I 0 $0.00 1 $670.46 12" RCP DES 3006 CL III LF 956 $18.23 I 0 $0.00 24 $437.52 15" RCP DES 3006 CL III LF 2717 $19.39 I 0 $0.00 931 $18,052.09 24" RCP DES 3006 CL III LF 913 $25.18 I 0 $0.00 257 $6.471.26 - - Page 2 of 12 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date ] Œ!:J I Quantity I I Unit Price III I Quantity I I Amount II Quantity I I Amount] I -" 30" RCP DES 3006 CL III LF 260 $39.67 0 $0.00 301 $11,940.67 42" RCP DES 3006 CL III LF 420 $67.64 I 0 $0.00 230 $15,557.20 48" RCP DES 3006 CL III LF 50 $87.83 I 0 $0.00 127 $11,154.41 INSTALL SALVAGED RCP LF 24 $20.65 I 0 $0.00 6 $123.90 CaNST DRAINAGE STRUCTURE DES 24"X36" EA 43 $822.60 I 0 $0.00 9 $7,403.40 CaNST DRAINAGE STRUCTURE DES 4020-48 EA 19 $1,523.61 I 0 $0.00 2 $3,047.22 CONST DRAINAGE STRUCTURE DES 4020-54 EA 3 $1,700.57 I 0 $0.00 4 $6.802.28 CONST DRAINAGE STRUCTURE DES 4020-60 EA 3 $2,174.38 0 $0.00 2 $4,348.76 CaNST DRAINAGE STRUCTURE DES 4020-72 EA 5 $2,253.90 I 0 $0.00 5 $11,269.50 CONST DRAINAGE STRUCTURE DES 4020-96 EA 1 $3,836.70 I 0 $0.00 2 $7,673.40 RIPRAP CL III TON 175 $50.45 I 0 $0.00 68.2 $3.440.69 GEOTEXTILE FILTER MATERIAL TYPE IV SY 637 $1.02 I 0 $0.00 386 $393.72 1 1/2" CORP STOP EA 10 $275.00 I 0 $0.00 1 $275.00 1 1/2" CURB STOP AND BOX EA 10 $275.00 0 $0.00 1 $275.00 1 1/2" TYPE K COPPER LF 500 $13.67 I 0 $0.00 36 $492.12 2" THICK 4' X 8' INSULATION SHEET SHEET 25 $46.00 I 0 $0.00 2 $92.00 INSTALL PRIVATE UTILITY CONDUIT LF 5500 $4.88 I 0 $0.00 2800 $13,664.00 Subtotal $53,026.57 $662,356.35 Page30f12 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date ~ ~ I Quantity II Unit Price III I Quantity II Amount II Quantity I I Amount l - REMOVE CONC CURB AND GUTTER LF 200 $5.10 I 0 $0.00 105 $535.50 REMOVE BIT PAVr SY 3160 $4.08 I 0 $0.00 720 $2,937.60 SAW BIT PAVT (FULL DEPTH) LF 1100 $3.06 I 0 $0.00 51 $156.06 COMMON EXC (TRAILIWALK/BOX CULVERTS) (EV) CY 3225 $5.10 I 0 $0.00 1045 $5,329.50 SUBGRADE PREP AS 89.2 $128.52 I 0 $0.00 21.6 $2,776.03 AGG BASE CL 5 (TRAIL) TON 1175 $9.54 I 0 $0.00 367.84 $3,509.19 AGG BASE CL 5 (WALK) TON 1230 $10.56 I 0 $0.00 788.79 $8,329.62 BIT MATERIAL FOR TACK COAT GAL 2275 $1.53 I 0 $0.00 755 $1,155.15 BIT WEAR COURSE (MV 3) STREET TON 5125 $30.40 I 0 $0.00 1800.34 $54,730.34 BIT WEAR COURSE (LV 4) TRAIL TON 515 $39.27 I 0 $0.00 148.65 $5,837.49 BIT NON WEAR COURSE (MV 3) STREET TON 7570 $29.33 I 0 $0.00 2713.22 $79,578.74 BIT NON WEAR COURSE (LV 3) TRAIL TON 515 $37.33 I 0 $0.00 192.1 $7,171.09 CONC CURB AND GUTTER B618 LF 18125 $7.24 I 0 $0.00 4000 $28,960.00 ADJUST FRAME & RING CASTINGS EA 16 $311.71 I 0 $0.00 24 $7,481.04 ADJUST GV EA 6 $311.71 I 0 $0.00 14 $4.363.94 4' CONC WALK SF 27550 $2.45 I 0 $0.00 7675 $18,803.75 6" CONC DRIVEWAY PVMT (SY) 2720 $30.09 I 0 $0.00 963.19 $28,982.39 CHIMNEY SEAL EA 64 $223.35 I 0 $0.00 24 $5,360.40 SILT FENCE LF 1850 $2.04 I 0 $0.00 90 $183.60 SOD SY 11230 $1.73 I 3750 $6,487.50 3750 $6,487.50 CONNECT TO EX MH EA 8 $1,042.94 I 0 $0.00 1 $1,042.94 CONNECT TO EX SAN SEWER EA 11 $412.92 I 0 $0.00 1 $412.92 4" X 8" PVC WYE EA 134 $39.87 I 0 $0.00 47 $1,873.89 4" PVC SDR 26 (FOR SERVICES) LF 7790 $7.00 I 0 $0.00 1672 $11,704.00 8' PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF 1765 $13.23 I 0 $0.00 749 $9,909.27 8' PVC PIPE SEWER SDR 35 (10-12' DEPTH) LF 1974 $14.57 I 0 $0.00 274 $3,992.18 8" PVC PIPE SEWER SDR 35 (12-14' DEPTH) LF 2256 $15.35 0 $0.00 499 $7,659.65 8" OUTSIDE DROP LF 18.2 $285.40 I 0 $0.00 3.4 $970.36 8" DIP SAN SEWER LF 20 $36.62 I 0 $0.00 20 $732.40 48" DIA MH EA 35 $1,506.97 I 0 $0.00 8 $12,055.76 TELEVISE SAN SEWER PIPE LF 6649 $0.46 I 0 $0.00 2941.4 $1,353.04 Page40f12 ITEM I ORIGINAL BID II - COMPLETED I This Period II To Date I ~ ¡ Quantity I I Unit Price ¡!IIQuantityll Amount II Quantity I I Amount I SALVAGE CONE SECTION EA 9 $214.52 I 0 $0.00 1 $214.52 CONNECT TO EX WM EA 12 $412.92 I 0 $0.00 1 $412.92 SALVAGE EX HYD EA 3 $412.92 I 0 $0.00 1 $412.92 SALVAGE EX GV EA 1 $438.73 I 0 $0.00 1 $438.73 6" DIP CL 52 WI FITTINGS LF 738 $27.77 I 0 $0.00 88 $2,443.76 8" DIP CL 52 WI FITTINGS LF 8565 $20.20 I 0 $0.00 126 $2,545.20 10' DIP CL 52 WI FITTINGS LF 2200 $24.72 I 0 $0.00 2179 $53,864.88 INSTALL SALVAGED GV EA 1 $490.84 I 0 $0.00 1 $490.84 6" GV AND BOX EA 27 $666.67 I 0 $0.00 5 $3,333.35 8" GV AND BOX EA 18 $855.34 I 0 $0.00 2 $1,710.68 10" GV AND BOX EA 9 $1,128.11 I 0 $0.00 6 $6,756.66 1" CORPORATION STOP 202 $72.75 I 0 $0.00 51 $3,710.25 1" TYPE K COPPER LF 9440 $7.61 I 0 $0.00 2717 $20,676.37 1" CURB STOP AND BOX EA 202 $61.23 I 0 $0.00 51 $3,122.73 INSTALL SALVAGED HYDRANT EA 3 $928.84 I 0 $0.00 1 $928.84 6" HYD 8'-0" BURY EA 19 $1,691.59 I 0 $0.00 5 $8,457.95 12' X 7' PRECAST CONC BOX CULVERT LF 207 $424.30 I 0 $0.00 207 $87,830.10 12' X 7' PRECAST CONC BOX CULVERT (150 END SECTI EA 4 $6,282.62 I 0 $0.00 4 $25,050.48 CONNECT TO EX STORM SEWER EA 4 $464.53 I 0 $0.00 1 $464.53 15" RCP APRON CL 111 WITRASHGUARD EA 4 $489.92 I 0 $0.00 1 $489.92 24" RCP APRON CL III WITRASHGUARD EA 3 $732.31 I 0 $0.00 1 $732.31 12" RCP DES 3006 CL III LF 956 $18.23 I 0 $0.00 364 $6,635.72 15" RCP DES 3006 CL 111 LF 2717 $19.39 I 0 $0.00 945 $18,323.55 18" RCP DES 3006 CL 111 LF 1416 $11.06 I 0 $0.00 294 $3,251.64 21" RCP DES 3006 CL III LF 165 $28.78 I 0 $0.00 164 $4,719.92 24" RCP DES 3006 CL III LF 913 $25.18 0 $0.00 270 $6,798.60 CONST DRAINAGE STRUCTURE DES 24"X36" EA 43 $822.60 I 0 $0.00 16 $13,161.60 CONST DRAINAGE STRUCTURE DES 4020-48 EA 19 $1,523.61 I 0 $0.00 8 $12,188.88 CONST DRAINAGE STRUCTURE DES 4020-60 EA 3 $2,174.38 I 0 $0.00 1 $2,174.38 SALVAGE RIPRAP Cy 30 $36.12 I 0 $0.00 39 $1.408.68 RIPRAP CL III TON 175 $50.45 I 0 $0.00 122.12 $6,160.95 GEOTEXTILE FILTER MATERIAL TYPE IV Sy 837 $1.02 0 $0.00 238 $240.72 Page50f12 II - ITEM I ORIGINAL BID COMPLETED I This Period II To Date J ~ I Quantity I I Unit Price III I Quantity I I Amount II Quantity II Amount-J I - PERMANENT BARRICADE EA 12 $244.81 0 $0.00 12 $2,937.72 1 1/2" CORP STOP EA 10 $275.00 I 0 $0.00 6 $1,650.00 1 1/2" CURB STOP AND BOX EA 10 $275.00 I 0 $0.00 6 $1,650.00 1 1/2" TYPE K COPPER LF 500 $13.67 I 0 $0.00 257 $3,513.19 INSTALL PRIVATE UTILITY CONDUIT LF 5500 $4.88 I 0 $0.00 3570 $17,421.60 $6,487.50 $650,700.44 - CLEARING (TREE) TREE 10 $300.01 0 $0.00 29 $8,700.29 GRUBBING (TREE) TREE 10 $300.01 0 $0.00 29 $8,700.29 COMMON EXC (TRAIL/WALK/BOX CULVERTS) (EV) Cy 3225 $5.10 0 $0.00 450 $2,295.00 BIT NON WEAR COURSE (LV 3) TRAIL TON 515 $37.33 141.7 $5,289.66 141.7 $5,289.66 Subtotal $5,289.66 $24,985.24 Page60f12 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date I I ~ I Quantity II Unit Price I1II Quantity II Amount II Quantity II Amount J - REMOVE BIT PAVT SY 3160 $4.08 I 0 $0.00 1038 $4,235.04 SAW BIT PAVT (FULL DEPTH) LF 1100 $3.06 I 0 $0.00 1036 $3,170.16 SUBGRADE PREP AS 89.2 $128.52 I 0 $0.00 15.9 $2,043.47 AGG BASE CL 5 (STREET) TON 25045 $7.55 I 0 $0.00 8928.72 $67,411.84 BIT MATERIAL FOR TACK COAT GAL 2275 $1.53 I 0 $0.00 50 $76.50 BIT NON WEAR COURSE (MV 3) STREET TON 7570 $29.33 I 0 $0.00 313.85 $9,205.22 CONC CURB AND GUTTER B618 LF 18125 $7.24 I 0 $0.00 2421 $17,528.04 D4 MODIFIED CURB AND GUTTER LF 1265 $10.20 I 0 $0.00 719 $7,333.80 12' MH RISER 48" DlA EA 3 $291.77 I 0 $0.00 2 $583.54 4" CONC WALK SF 27550 $2.45 I 0 $0.00 2415 $5,916.75 6' CONC DRIVEWAY PVMT (SY) 2720 $30.09 I 0 $0.00 302.9 $9,114.26 CONNECT TO EX SAN SEWER EA 11 $412.92 I 0 $0.00 1 $412.92 CUT IN 4" ON 18' WYE (INCLUDES FERNCOS & 18' PVC EA 2 $1,353.82 I 0 $0.00 1 $1,353.82 4" X 8' PVC WYE EA 134 $39.87 I 0 $0.00 46 $1,834.02 4" PVC SDR 26 (FOR SERVICES) LF 7790 $7.00 I 0 $0.00 2833 $19,831.00 8" PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF 1765 $13.23 I 0 $0.00 544 $7,197.12 8" PVC PIPE SEWER SDR 35 (10-12' DEPTH) LF 1974 $14.57 I 0 $0.00 377 $5,492.89 8' PVC PIPE SEWER SDR 35 (12-14' DEPTH) LF 2256 $15.35 I 0 $0.00 726 $11,144.10 48' DIA MH EA 35 $1,506.97 I 0 $0.00 8 $12,055.76 SALVAGE CONE SECTION EA 9 $214.52 I 0 $0.00 1 $214.52 REMOVE 16' MH RISER SECTION EA 1 $103.23 I 0 $0.00 1 $103.23 REMOVE 64" MH RISER SECTION EA 4 $429.04 I 0 $0.00 1 $429.04 CONNECT TO EX WM EA 12 $412.92 I 0 $0.00 1 $412.92 6" DIP CL 52 WI FITTINGS LF 738 $27.77 I 0 $0.00 54 $1,499.58 8' DIP CL 52 WI FITTINGS LF 6565 $20.20 I 0 $0.00 1805 $36,461.00 6' GV AND BOX EA 27 $666.67 I 0 $0.00 5 $3,333.35 8' GV AND BOX EA 16 $855.34 I 0 $0.00 6 $5,132.04 l' CORPORATION STOP 202 $72.75 I 0 $0.00 45 $3,273.75 l' TYPE K COPPER LF 9440 $7.61 I 0 $0.00 2212 $16,833.32 1" CURB STOP AND BOX EA 202 $61.23 I 0 $0.00 45 $2,755.35 6" HYD 8'-0" BURY EA 19 $1,691.59 I 0 $0.00 5 $8,457.95 Page 7 of 12 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date I IŒJ Quantityl Unit Price III I Quantity I I Amount II Quantity II Amount I CONNECT TO EX STORM SEWER EA 4 $464.53 I 0 $0.00 1 $464.53 15" RCP APRON CL 1/1 WI TRASHGUARD EA 4 $489.92 I 0 $0.00 1 $489.92 18" RCP APRON CL III WITRASHGUARD EA 2 $560.45 I 0 $0.00 1 $560.45 12" RCP DES 3006 CL III LF 958 $18.23 I 0 $0.00 26 $473.98 15" RCP DES 3006 CL III LF 2717 $19.39 I 0 $0.00 262 $5,080.18 18" RCP DES 3006 CL III LF 1416 $11.06 I 0 $0.00 496 $5.485.76 24" RCP DES 3006 CL III LF 913 $25.18 I 0 $0.00 125 $3,147.50 CONST DRAINAGE STRUCTURE DES 24"X36" EA 43 $822.60 I 0 $0.00 4 $3,290.40 CONST DRAINAGE STRUCTURE 4020 27" DIA (DESIGN EA 7 $578.48 0 $0.00 1 $578.48 CONST DRAINAGE STRUCTURE DES 4020-48 EA 19 $1,523.81 I 0 $0.00 7 $10,665.27 TRAFFIC CONTROL LS 1 $1,530.05 I 0 $0.00 0.5 $765.03 Subtotal $0.00 $295,847.79 Page 8 of 12 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date I ~ I Quantity I I Unit Price ¡II I Quantity I I Amount II Quantity II Amount I - 36" MH RISER 48" DIA EA 3 $441.13 I 0 $0.00 1 $441.13 48" MH RISER 48" DIA EA 2 $472.03 I 0 $0.00 1 $472.03 CONNECT TO EX MH EA 8 $1,042.94 I 1 $1,042.94 3 $3,128.82 CONNECT TO EX SAN SEWER EA 11 $412.92 I 1 $412.92 1 $412.92 CONNECT TO EX WYE EA 19 $412.92 I 0 $0.00 13 $5,367.96 CUT IN 4" ON 18" WYE (INCLUDES FERNCOS & 18" PVC EA 2 $1,353.82 I 0 $0.00 2 $2,707.64 4" X 8" PVC WYE EA 134 $39.87 I 30 $1,196.10 63 $2,511.81 4" PVC SDR 26 (FOR SERVICES) LF 7190 $7.00 I 0 $0.00 2037 $14,259.00 8" PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF 1765 $13.23 I 0 $0.00 1055 $13,957.65 8" PVC PIPE SEWER SDR 35 (10-12' DEPTH) LF 1974 $14.57 I 0 $0.00 893 $13,011.01 8" PVC PIPE SEWER SDR 35 (12-14' DEPTH) LF 2256 $15.35 I 0 $0.00 243 $3,730.05 8" PVC PIPE SEWER SDR 35 (14-16' DEPTH) LF 555 $23.52 I 0 $0.00 97 $2,281.44 8" PVC PIPE SEWER SDR 35 (16-18' DEPTH) LF 99 $69.13 I 0 $0.00 19 $1,313.47 8" DIP SAN SEWER LF 20 $36.62 I 20 $732.40 20 $732.40 48" DIA MH EA 35 $1,506.97 I 0 $0.00 14 $21,097.58 SALVAGE CONE SECTION EA 9 $214.52 I 0 $0.00 2 $429.04 CONNECT TO EX WM EA 12 $412.92 I 0 $0.00 1 $412.92 6" LIVE TAP ON EX 10" WM EA 2 $1,362.06 I 0 $0.00 1 $1,362.06 8" LIVE TAP ON EX 14" WM EA 3 $1,821.39 I 0 $0.00 1 $1,821.39 8" LIVE TAP ON EX 10" WM EA 1 $1,864.29 I 0 $0.00 1 $1,864.29 6' DIP CL 52 WI FITTINGS LF 738 $27.71 I 0 $0.00 45 $1,249.65 8" DIP CL 52 WI FITTINGS LF 6565 $20.20 I 0 $0.00 1470 $29,694.00 6" GV AND BOX EA 27 $666.67 I 0 $0.00 4 $2,666.68 8' GV AND BOX EA 16 $855.34 I 0 $0.00 2 $1,710.68 1" CORPORATION STOP 202 $72.75 I 0 $0.00 55 $4,001.25 1" TYPE K COPPER LF 9440 $7.61 I 0 $0.00 2919 $22,213.59 l' CURB STOP AND BOX EA 202 $61.23 0 $0.00 55 $3,367.65 6" HYD 8'-0. BURY EA 19 $1,691.59 I 0 $0.00 4 $6,766.36 CONNECT TO EX STORM SEWER EA 4 $464.53 I 0 $0.00 1 $464.53 REMOVE FES EA 2 $206.46 I 0 $0.00 1 $206.46 SALVAGE 42" RCP LF 24 $20.65 I 0 $0.00 16 $330.40 Page 9 of 12 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date I IŒ:J I Quantity I I Unit Price III I Quantity ! I Amount II Quantity II Amount I 18' RCP APRON CL III W/TRASHGUARD EA 2 $560.45 I 0 $0.00 1 $560.45 24" RCP APRON CL III W/TRASHGUARD EA 3 $732.31 I 0 $0.00 1 $732.31 54" RCP APRON CL III WITRASHGUARD EA 1 $1,987.34 I 0 $0.00 1 $1,987.34 12" RCP DES 3006 CL (II LF 956 $18.23 I 213 $3,882.99 333 $6,070.59 15" RCP DES 3006 CL '" LF 2717 $19.39 I 208 $4,033.12 473 $9,171.47 18" RCP DES 3006 CL '" LF 1416 $11.06 I 34 $376.04 237 $2,621.22 24" RCP DES 3006 CL III LF 913 $25.18 I 128 $3,223.04 248 $6,244.64 42" RCP DES 3006 CL III LF 420 $67.64 0 $0.00 538 $36.390.32 54' RCP DES 3006 CL III LF 400 $98.82 0 $0.00 283 $27,966.06 INSTALL SALVAGED RCP LF 24 $20.65 I 0 $0.00 16 $330.40 CaNST DRAINAGE STRUCTURE DES 24"X36" EA 43 $822.60 I 5 $4,113.00 10 $8,226.00 CaNST DRAINAGE STRUCTURE 4020 27" DIA (DESIGN EA 7 $578.48 I 1 $578.48 2 $1,156.96 CaNST DRAINAGE STRUCTURE DES 4020-48 EA 19 $1,523.61 I 3 $4,570.83 5 $7,618.05 CONST DRAINAGE STRUCTURE DES 4020-60 EA 3 $2,174.38 0 $0.00 1 $2,174.38 CaNST DRAINAGE STRUCTURE DES 4020-72 EA 5 $2,253.90 I 0 $0.00 2 $4,507.80 CONST DRAINAGE STRUCTURE DES 4020-84 EA 3 $3,100.59 I 0 $0.00 3 $9,301.77 RIPRAP CL III TON 175 $50.45 I 189.4 $9,555.23 189.4 $9,555.23 GEOTEXTILE FILTER MATERIAL TYPE IV Sy 637 $1.02 I 142.2 $145.04 142.2 $145.04 INSTALL COATED CHAIN LINK FENCE LF 600 $16.32 I 468 $7,637.76 468 $7,637.76 1 1/2" CORP STOP EA 10 $275.00 I 0 $0.00 2 $550.00 1 1/2" CURB STOP AND BOX EA 10 $275.00 I 0 $0.00 2 $550.00 1 1/2' TYPE K COPPER LF 500 $13.67 I 0 $0.00 95 $1,298.65 ARCH PIPE 65" X 40" RCP LF 100 $186.24 I 0 $0.00 100 $18,624.00 Subtotal $41,499.89 $327,406~- Page10of12 CITY OF HASTINGS Riverwood South Oaks Payment Summary 5/1/2004 through 6/30/2004 PROJECTS: I This Period II Total To D~ 31st St. TOTAL WORK COMPLETED TO DATE: $53,026.57 $662,356.35 $6,487.50 $650,700.44 $5,289.66 $24,985.24 $0.00 $295,847.79 $41,499.89 $327,406.30 $106,303.63 $1,961,296.12 36th SWiliage Trl Centul1' South Riverwood South Oaks Page11 0112 City of Hastings Riverwood South Oaks Application for Payment Number: 7 Period Ending: 6/30/2004 Contractor: Contractor's Edge 16511 563rd Avenue Good Thunder, MN 56037 Contractor ~ r Engineer ~ Date Approved by: Date Owner PAYMENT SUMMARY:. TOTALS TO DATE: Pay Est. # Period Retainage Payment 1 8/112003 - 8/31/2003 $0.00 $353,645.36 2 9/1/2003 - 9/30/2003 $0.00 $578,381.43 3 10/1/2003 - 10/3112003 $10,205.84 $480,614.15 4 11/1/2003 - 11/3012003 $12,905.73 $245,208.82 5 12/1/2003 - 12/3112003 $2,216.12 $42,106.26 6 4/1/2004 - 4130/2004 $6,485.44 $123,223.34 7 5/1/2004 - 6130/2004 $5,315.18 $100,988.44 I $37,128.31 $1,924,167.81 I Total Completed To Date Less Retainage: Less Previous Payment: Total Amount Due: $1,961,296.12 $37,128.31 $1,823,179.36 $1oo,988.<Mf Page 120f12 Item Account Records 7/1412004 Riverwood South Oaks 511/2004 through 6/30/2004 Egger TON 6,131.6700 $7.55 $46,294.11 Egger TON 180.3500 $37.33 $6,732.47 Egger SY 3,750.0000 $1.73 $6,487.50 6I30f2oo4 SOD 613012004 6130/2004 6/30/2004 6/30/2004 6/30/2004 6130/2004 6/30/2004 6130/=4 6130/2004 6130/2004 613012004 6/30/2004 6130/2004 613012004 CONST DRAINAGE STRUCTURE DES 24"X36' CONST DRAINAGE STRUCTURE 4020 2:7' OIA (OESIG CONST DRAINAGE STRUCTURE DES 4020-48 12" RCP DES 3006 CL III 15' RCP DES 3006 CL III 18' RCP DES 3006 CL III 24' RCP DES 3006 CL III RIPRAP CL 11/ GEOTEXTILE FILTER MATERIAL TYPE IV 4' X 8' PVC WYE CONNECT TO EX SAN SEWER CONNECT TO EX MH 8' OIP SAN SEWER INSTALL COATED CHAIN LINK FENCE Egger Egger Egger Egger Egger Egger Egger Egger Egger Egger Egger Egger Egger Egger EA 5.0000 $822.60 $4,113.00 EA 1.0000 $578.48 $578.48 EA 3.0000 $1,523.61 $4,570.83 LF 213.0000 $18.23 $3,882.99 LF 208.0000 $19.39 $4,033.12 LF 34.0000 $11.06 $376.04 LF 128.0000 $25.18 $3,223.04 TON 189.4000 $50.45 $9,555.23 SY 142.2000 $1.02 $145.04 EA 30.0000 $39.87 $1,196.10 EA 1.0000 $412.92 $412.92 EA 1.0000 $1,042.94 $1,042.94 LF 20.0000 $36.62 $732.40 LF 468.0000 $16.32 $7,637.76 Total Project Amount/or Period: $106,303.63 Pagelaf 1 Quantities and Costs To Date Wednesday, July 14, 2004 Riverwood South Oaks , , Actual Total - .. 1 1/2' CORP STOP EA $275.00 10.00 1.00 $2,750.00 $275.00 1 1/2' CURB STOP AND BOX EA $275.00 10.00 1.00 $2,750.00 $275.00 1 112' TYPE K COPPER LF $13.67 500.00 36.00 $6,835.00 $492.12 l' CORPORATION STOP $72.75 202.00 27.00 $14,695.50 $1,964.25 l' CURB STOP AND BOX EA $61.23 202.00 27.00 $12,368.46 $1,653.21 1'TYPEKCOPPER LF $7.61 9,440.00 1,383.00 $71,838.40 $10,524.63 10' X 5' PRECAST CONC BOX CULVERT LF $329.62 282.00 264.00 $92,952.64 $87,019.68 10' X 5' PRECAST CONC BOX CULVERT (15' ENO SE EA $3,707.12 6.00 6.00 $22,242.72 $22,242.72 12' MH RISER 48' DIA EA $291.77 3.00 1.00 $875.31 $291.77 12' RCP OES 3006 CL III LF $18.23 956.00 24.00 $17,427.88 $437.52 15' RCP APRON CL III WI TRASHGUARO EA $489.92 4.00 3.00 $1,959.68 $1,469.76 15' RCP DES 3006 CL III LF $19.39 2,717.00 931.00 $52,682.63 $18,052.09 2' THICK 4' X 8' INSULATION SHEET SHEET $46.00 25.00 2.00 $1,150.00 $92.00 24' MH SECTION 48' OIA EA $103.23 1.00 2.00 1 $103.23 $206.46 $103.23 24' RCP DES 3006 CL III LF $25.18 913.00 257.00 $22,989.34 $6,471.26 30' RCP APRON CL III WI TRASHGUARD EA $961.29 2.00 2.00 $1,922.58 $1,922.58 30' RCP DES 3006 CL III LF $39.67 260.00 301.00 41 $10,314.20 $11,940.67 $1,626.47 30' X 30' TEE SECTION RCP CL III EA $670.46 1.00 1.00 $670.46 $670.46 36' MH RISER 48' DIA EA $441.13 3.00 3.00 $1,323.39 $1,323.39 36' MH SECTION 48' DIA EA $429.04 1.00 1.00 $429.04 $429.04 4' PVC SDR 26 (FOR SERVICES) LF $7.00 7,790.00 795.00 $54,530.00 $5,565.00 4' X 6' PVC WYE EA $39.09 13.00 7.00 $508.17 $273.63 4' X 8' PVC WYE EA $39.87 134.00 6.00 $5,342.58 $239.22 42' RCP OES 3006 CL III LF $67.64 420.00 230.00 $28,408.80 $15,557.20 48' OIA MH EA $1,506.97 35.00 3.00 $52,743.95 $4,520.91 48' MH RISER 48' DIA EA $472.03 2.00 1.00 $944.06 $472.03 48' RCP OES 3008 CL III LF $87.83 50.00 127.00 77 $4,391.50 $11,154.41 $6,762.91 6' DIP CL 52 WI FITTINGS LF $27.77 738.00 529.00 $20,494.26 $14,690.33 6' GV AND BOX EA $666.67 27.00 10.00 $18,000.09 $6,666.70 6' HYD 8'-0' BURY EA $1,691.59 19.00 4.00 $32,140.21 $6,766.36 8' X 5' PRECAST CONC BOX CULVERT LF $282.36 182.00 182.00 $51,387.70 $51,387.70 8' X 5' PRECAST CONC BOX CULVERT (15' END SEC EA $4,095.13 4.00 4.00 $16,380.52 $16,380.52 8' DIP CL 52 WI FITTINGS LF $20.20 8,565.00 3,087.00 $132,813.00 $62,357.40 8' DIP SAN SEWER LF $36.62 20.00 20.00 $732.40 $732.40 ""- Page 1 0/9 I ItemDescription Unit Unit Price I Estimate Quantity Actual Quantity Quantity Overage Contract Bid Total Actual Total Cost Overage 18' GV AND BOX EA $855.34 16.00 3.00 $13,685.44 $2,566.02 8' LIVE TAP ON EX 14' WM EA $1,821.39 3.00 2.00 $5,464.17 $3,642.78 , 8' OUTSIDE OROP LF $285.40 18.20 15.00 $5,194.28 $4,281.00 : 8" PVC PIPE SEWER SOR 35 (0-10' OEPTH) LF $13.23 1,765.00 132.00 $23,350.95 $1,746.36 18" PVC PIPE SEWER SDR 35 (10-12' DEPTH) LF $14.57 1,974.00 299.00 $28,761.18 $4,356.43 8' PVC PIPE SEWER SDR 35 (12-14' DEPTH) LF $15.35 2,256.00 228.00 $34,629.60 $3,499.80 : 8' PVC PIPE SEWER SDR 35 (14-16' DEPTH) LF $23.52 555.00 207.00 $13,053.60 $4,868.64 . 8' PVC PIPE SEWER SDR 35 (18-18' DEPTH) LF $69.13 99.00 23.00 $6,843.87 $1,589.99 ADJUSTGV EA $311.71 6.00 5.00 $1,870.28 $1,558.55 I AGG BASE CL 5 (STREET) TON $7.55 25,045.00 12,264.91 $189,089.75 $92,600.07 BIT NON WEAR COURSE (LV 3) TRAIL TON $37.33 515.00 180.35 $19,224.95 $6,732.47 BIT NON WEAR COURSE (MV 3) STREET TON $29.33 7,570.00 1,656.79 $222,028.10 $48,593.65 COMMON EXC (TRAILlWALKIBOX CULVERTS) (EV) CY $5.10 3,225.00 950.00 $16,447.50 $4,896.00 CONC CURB ANO GUTTER B618 LF $7.24 18,125.00 4,268.00 $131,225.00 $30,900.32 CONNECT TO EX MH EA $1,042.94 8.00 10.00 2 $8,343.52 $10,429.40 $2,085.88 CONNECT TO EX STORM SEWER EA $464.53 4.00 3.00 $1,858.12 $1,393.59 CONNECT TO EX WM EA $412.92 12.00 7.00 $4,955.04 $2,890.44 i CONNECT TO EXWYE EA $412.92 19.00 6.00 $7,845.48 $2,477.52 : CONST ORAINAGE STRUCTURE OES 24'X36' EA $822.60 43.00 9.00 $35,371.80 $7,403.4C CONST ORAINAGE STRUCTURE OES 4020-48 EA $1,523.61 19.00 2.00 $28,948.59 $3,047.22 CONST DRAINAGE STRUCTURE DES 4020-54 EA $1,700.57 3.00 4.00 1 $5,101.71 $6,802.28 $1.700.57 I CONST DRAINAGE STRUCTURE OES 4C20-60 EA $2,174.38 3.00 2.00 $6,523.14 $4,348.76 CONST ORAINAGE STRUCTURE OES 4020-72 EA $2,253.90 5.00 5.00 $11,269.50 $11,269.50 CONST ORAINAGE STRUCTURE DES 4020.96 EA $3,836.70 1.00 2.00 1 $3,836.70 $7,673.40 $3,836.70 EROSION CONTROL LS $4,000.12 1.00 0.50 $4,000.12 $2,000.06 FERTILIZER $500.01 2.03 0.25 $1,015.02 $125.00 GEOTEXTILE FILTER MATERIAL TYPE IV SY $1.02 837.00 386.00 $649.74 $393.72 INSTALL PRIVATE UTILITY CONOUIT LF $4.88 5,500.00 2,800.00 $26,840.00 $13,664.00 INSTALL SALVAGEO HYDRANT EA $928.84 3.00 2.00 $2,786.52 $1,857.68 INSTALL SALVAGED RCP LF $20.65 24.00 6.00 $495.60 $123.90 MULCH TON $2O4.Q1 30.65 5.00 $6,293.71 $1,020.05 REMOVE FES EA $206.46 2.00 2.00 $412.92 $412.92 RIPRAP CL III TON $50.45 175.00 68.20 $8,828.75 $3,440.69 ¡ SALVAGE CONE SECTION EA $214.52 9.00 5.00 $1,930.68 $1,072.60 SALVAGE EX HYD EA $412.92 3.00 2.00 $1,238.76 $825.84 SAW BIT PAVT (FULL OEPTH) LF $3.06 1,100.00 32.00 $3,366.00 $97.92 SEED LB $2.81 767.00 100.00 $2,155.27 $281.00 SUBGRADE PREP RS $128.52 89.20 23.00 $11,463.98 $2,955.96 SubProject Totals: $2,430,816.79 $662,356.35 $16,1I5.76 Page 2 019 Contract Actual Total Bid Total 1 112' CORP STOP EA $275.00 10.00 6.00 $2,750.00 $1,650.00 1 1f2" CURB STOP AND BOX EA $275.00 10.00 6.00 $2,750.00 $1,650.00 1 1/2' TYPE K COPPER LF $13.67 500.00 257.00 $6,835.00 $3,513.19 l' CORPORATION STOP $72.75 202.00 51.00 $14,695.50 $3,710.25 l' CURB STOP AND BOX EA $61.23 202.00 51.00 $12,368.46 $3,122.73 l' TYPE K COPPER LF $7.61 9,440.00 2,717.00 $71,838.40 $20,676.37 10' DIP CL 52 WI FITTINGS LF $24.72 2,200.00 2,179.00 $54,384.00 $53,884.88 10' GV AND BOX EA $1,126.11 9.00 6.00 $10,134.99 $6,756.66 12' X 7' PRECAST CONC BOX CULVERT LF $424.30 207.00 207.00 $87,830.10 $87,830.10 12' X 7' PRECAST CONC BOX CULVERT (150 ENO SE EA $6,262.62 4.00 4.00 $25,050.48 $25,050.48 12' RCP OES 3006 CL III LF $18.23 956.00 364.00 $17,427.88 $6,635.72 15' RCP APRON CL III WI TRASHGUARO EA $489.92 4.00 1.00 $1,959.68 $489.92 15' RCP DES 3006 CL III LF $19.39 2,717.00 945.00 $52,682.63 $18,323.55 18' RCP OES 3006 CL III LF $11.06 1,416.00 294.00 $15,660.96 $3,251.64 21' RCP OES 3006 CL III LF $28.78 165.00 164.00 $4,748.70 $4,719.92 24' RCP APRON CLUj W/TRASHGUARD EA $732.31 3.00 1.00 $2,196.93 $732.31 24' RCP OES 3006 CL III LF $25.18 913.00 270.00 $22,989.34 $6,798.60 4' CONC WALK SF $2.45 27,550.00 7,675.00 $67,497.50 $18,803.75 4' PVC SOR 26 (FOR SERVICES) LF $7.00 7,790.00 1,672.00 $54,530.00 $11,704.00 4' X 8" PVCWYE EA $39.87 134.00 47.00 $5,342.58 $1,873.89 48" OIA MH EA $1,506.97 35.00 8.00 $52,743.95 $12,055.76 6' CONC ORIVEWAY PVMT (SY) $30.09 2,720.00 963.19 $81,844.80 $28,982.39 6' OIP CL 52 WI FITTINGS LF $27.77 738.00 88.00 $20,494.26 $2,443.76 6" GV AND BOX EA $666.67 27.00 5.00 $18,000.09 $3,333.35 6' HYD 8'-0' BURY EA $1,691.59 19.00 5.00 $32,140.21 $8,457.95 8' DIP CL 52 Wf FITTINGS LF $20.20 6,565.00 126.00 $132,613.00 $2,545.20 8' DIP SAN SEWER LF $36.62 20.00 20.00 $732.40 $732.40 8" GV AND BOX EA $855.34 18.00 2.00 $13,885.44 $1,710.68 8' OUTSIDE DROP LF $285.40 18.20 3.40 $5,194.28 $970.36 8' PVC PIPE SEWER SOR 35 (0-10' DEPTH) LF $13.23 1,785.00 749.00 $23,350.95 $9,909.27 8" PVC PIPE SEWER SOR 35 (10-12' DEPTH) LF $14.57 1,974.00 274.00 $28,761.18 $3,992.18 8' PVC PIPE SEWER SDR 35 (12-14' OEPTH) LF $15.35 2,256.00 499.00 $34,629.60 $7,659.65 AOJUST FRAME & RING CASTINGS EA $311.71 16.00 24.00 8 $4,987.36 $7,481.04 $2,493.68 ADJUST GV EA $311.71 6.00 14.00 8 $1,870.26 $4,363.94 $2.493.68 AGG BASE CL 5 (TRAIL) TON $9.54 1,175.00 367.84 $11,209.50 $3,509.19 AGG BASE CL 5 (WALK) TON $10.56 1,230.00 788.79 $12,988.80 $8,329.62 BIT MATERIAL FOR TACK COAT GAL $1.53 2,275.00 755.00 $3,480.75 $1,155.15 BIT NON WEAR COURSE (LV 3) TRAIL TON $37.33 515.00 192.10 $19,224.95 $7,171.09 BIT NON WEAR COURSE (MV 3) STREET TON $29.33 7,570.00 2,713.22 $222,028.10 $79,578.74 - Page3of9 I ItemDescription Unit Unit Price I Estimate Quantity Actual Quantity Quantity Overage Contract Bid Total Actual Total Cost Overage BIT WEAR COURSE (LV 4) TRAIL TON $39.27 515.00 148.65 $20,224.05 $5,837.49 BIT WEAR COURSE (MV 3) STREET TON $30.40 5,125.00 1 ,800.34 $155,800.00 $54,730.34 CHIMNEY SEAL EA $223.35 64.00 24.00 $14,294.40 $5,360.40 COMMON EXC (TRAILJWALKIBOX CULVERTS) (EV) CY $5.10 3,225.00 1,045.00 $16,447.50 $5,329.50 CONC CURB ANO GUTTER B618 LF $7.24 18,125.00 4,000.00 $131,225.00 $28,960.00 CONNECT TO EX MH EA $1,042.94 8.00 1.00 $8,343.52 $1,042.94 CONNECT TO EX SAN SEWER EA $412.92 11.00 1.00 $4,542.12 $412.92 CONNECT TO EX STORM SEWER EA $464.53 4.00 1.00 $1,858.12 $464.53 CONNECT TO EX WM EA $412.92 12.00 1.00 $4,955.04 $412.92 CONST DRAINAGE STRUCTURE DES 24"X36' EA $822.80 43.00 16.00 $35,371.80 $13,161.60 CONST DRAINAGE STRUCTURE DES 4020-48 EA $1,523.61 19.00 8.00 $28,948.59 $12,188.88 CONST DRAINAGE STRUCTURE OES 4020-80 EA $2,174.38 3.00 1.00 $6,523.14 $2,174.38 GEOTEXTILE FILTER MATERIAL TYPE IV SY $1.02 637.00 236.00 $649.74 $240.72 INSTALL PRIVATE UTILITY CONOUIT LF $4.88 5,500.00 3,570.00 $26,840.00 $17,421.60 INSTALL SALVAGED GV EA $490.84 1.00 1.00 $490.84 $490.84 INSTALL SALVAGEO HYDRANT EA $928.84 3.00 1.00 $2,786.52 $928.84 PERMANENT BARRICADE EA $244.81 12.00 12.00 $2,937.72 $2,937.72 REMOVE BIT PAVT SY $4.08 3,160.00 720.00 $12,892.80 $2,937.60 REMOVE CONC CURB AND GUTTER LF $5.10 200.00 105.00 $1,020.00 $535.50 RIPRAP CL III TON $50.45 175.00 122.12 $8,828.75 $6,180.95 SALVAGE CONE SECTION EA $214.52 9.00 1.00 $1,930.68 $214.52 SALVAGE EX GV EA $438.73 1.00 1.00 $438.73 $438.73 SALVAGE EX HYO EA $412.92 3.00 1.00 $1,238.76 $412.92 SALVAGE RIPRAP CY $36.12 30.00 39.00 9 $1,083.80 $1,408.68 $325.08 SAW BIT PAVT (FULL OEPTH) LF $3.06 1,100.00 51.00 $3,366.00 $156.06 SILT FENCE LF $2.04 1 ,850.00 90.00 $3,774.00 $183.60 SOO SY $1.73 11,230.00 3,750.00 $19,427.90 $6,487.50 SUBGRADE PREP RS $128.52 89.20 21.60 $11,483.98 $2,776.03 TELEVISE SAN SEWER PIPE LF $0.46 6,849.00 2,841.40 $3,058.54 $1,353.04 SubProject Totals: $2,286,455.39 $650,700.44 $5,312.44 Page4of9 BIT NON WEAR COURSE (LV 3) TRAIL CLEARING (TREE) COMMON EXC (TRAILJW ALKIBOX CULVERTS) (EV) GRUBBING (TREE) TON TREE Cy TREE $37.33 $300.01 $5.10 $300.01 515.00 10.00 3,225.00 10.00 141.70 29.00 450.00 29.00 19 Actual Total lid Total $19,224.95 $5,289.66 $3,000.10 $8,700.29 $5,700.19 $16,447.50 $2,295.00 $3,000.10 $8,700.29 $5,700.19 $41,672.65 $24,985.24 $.II,400.38 19 SubProject Totals: Page 5 0/9 Actual Total I I Quantity Quantity Overage I I Bid Total 1" CORPORATION STOP $72.75 202.00 45.00 $14,695.50 $3,273.75 1" CURB STOP ANO BOX EA $61.23 202.00 45.00 $12,368.46 $2,755.35 l' TYPE K COPPER LF $7.61 9,440.00 2,212.00 $71,838.40 $16,833.32 12' MH RISER 48' CIA EA $291.77 3.00 2.00 $875.31 $583.54 12' RCP DES 3006 CL III LF $18.23 956.00 26.00 $17,427.88 $473.98 15' RCP APRON CL III WfTRASHGUARD EA $489.92 4.00 1.00 $1,959.68 $489.92 15' RCP DES 3006 CL III LF $19.39 2,717.00 262.00 $52,682.83 $5,080.18 18' RCP APRON CL III WI TRASHGUARD EA $560.45 2.00 1.00 $1,120.90 $560.45 18' RCP DES 3006 CL III LF $11.06 1,416.00 496.00 $15,660.96 $5,485.76 24' RCP DES 3006 CL III LF $25.18 913.00 125.00 $22,989.34 $3,147.50 4' CONC WALK SF $2.45 27,550.00 2,415.00 $67,497.50 $5,916.75 4' PVC SOR 26 (FOR SERVICES) LF $7.00 7,790.00 2,833.00 $54,530.00 $19,831.00 4' X8' PVCWYE EA $39.87 134.00 46.00 $5,342.58 $1,834.02 48" DIA MH EA $1,506.97 35.00 8.00 $52,743.95 $12,055.76 6' CONC ORIVEWAY PVMT (SY) $30.09 2,720.00 302.90 $81,844.80 $9,114.26 6' DIP CL 52 WI FITTINGS LF $27.77 738.00 54.00 $20,494.26 $1,499.58 6' GV ANO BOX EA $666.67 27.00 5.00 $18,000.09 $3,333.35 6' HYO 8'-0' BURY EA $1,691.59 19.00 5.00 $32,140.21 $8,457.95 8' OIP CL 52 Wf FITTINGS LF $20.20 6,565.00 1,805.00 $132,613.00 $36,461.00 8' GV ANO BOX EA $855.34 16.00 6.00 $13,685.44 $5,132.04 8' PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF $13.23 1,765.00 544.00 $23,350.95 $7,197.12 8' PVC PIPE SEWER SDR 35 (10-12' OEPTH) LF $14.57 1,974.00 377.00 $28,761.18 $5,492.89 8' PVC PIPE SEWER SDR 35 (12-14' OEPTH) LF $15.35 2,256.00 726.00 $34,629.60 $11,144.10 AGG BASE CL 5 (STREET) TON $7.55 25,045.00 8,928.72 $189,089.75 $67,411.84 BIT MATERIAL FOR TACK COAT GAL $1.53 2,275.00 50.00 $3,480.75 $76.50 BIT NON WEAR COURSE (MV 3) STREET TON $29.33 7,570.00 313.85 $222,028.10 $9,205.22 CONC CURB ANO GUTTER B618 LF $7.24 18,125.00 2,421.00 $131,225.00 $17,528.04 CONNECT TO EX SAN SEWER EA $412.92 11.00 1.00 $4,542.12 $412.92 CONNECT TO EX STORM SEWER EA $464.53 4.00 1.00 $1,858.12 $464.53 CONNECT TO EX WM EA $412.92 12.00 1.00 $4,955.04 $412.92 CONST ORAINAGE STRUCTURE 4020 27' CIA (OESIG EA $578.48 7.00 1.00 $4,049.36 $578.48 CONST DRAINAGE STRUCTURE DES 24'X36" EA $822.60 43.00 4.00 $35,371.80 $3,290.40 CONST DRAINAGE STRUCTURE OES 4020-48 EA $1,523.61 19.00 7.00 $28,948.59 $10,665.27 CUT IN 4" ON 18' WYE (INCLUOES FERNCOS & 18' P EA $1,353.82 2.00 1.00 $2,707.64 $1,353.82 D4 MODIFIED CURB ANO GUTTER LF $10.20 1,265.00 719.00 $12,903.00 $7,333.80 REMOVE 16" MH RISER SECTION EA $103.23 1.00 1.00 $103.23 $103.23 REMOVE 64" MH RISER SECTION EA $429.04 4.00 1.00 $1,716.16 $429.04 REMOVE BIT PAVT SY $4.08 3,160.00 1,038.00 $12,892.80 $4,235.04 SALVAGE CONE SECTION EA $214.52 9.00 1.00 $1,930.68 $214.52 Page 6of9 Estimate Actual Quantity Contract Actual Total Cost Quantity Quantity Overage Bid Total Overage SAW BIT PAVT (FULL DEPTH) LF $3.06 1,100.00 1,036.00 $3,366.00 $3,170.16 SUBGRADE PREP AS $128.52 89.20 15.90 $11,463.98 $2,043.47 TRAFFIC CONTROL LS $1,530.05 1.00 0.50 $1,530.05 $765.03 SubProject Totals: $2,344,787.91 $295,847.79 $0.00 Page 7 of9 Actual Total id Total 1 1/2' CORP STOP EA $275.00 10.00 2.00 $2,750.00 $550.00 1 1/2" CURB STOP ANO BOX EA $275.00 10.00 2.00 $2,750.00 $550.00 1 1/2" TYPE K COPPER LF $13.67 500.00 95.00 $6,835.00 $1,298.65 1" CORPORATION STOP $72.75 202.00 55.00 $14,695.50 $4,001.25 l' CURB STOP AND BOX EA $61.23 202.00 55.00 $12,368.46 $3,367.65 1" TYPE K COPPER LF $7.61 9,440.00 2,919.00 $71,838.40 $22,213.59 12' RCP DES 3006 CL III LF $18.23 956.00 333.00 $17,427.88 $6,070.59 15' RCP OES 3006 CL III LF $19.39 2,717.00 473.00 $52,682.63 $9,171.47 18" RCP APRON CL III W/TRASHGUARO EA $560.45 2.00 1.00 $1,120.90 $560.45 18' RCP DES 3006 CL III LF $11.06 1,416.00 237.00 $15,660.96 $2,621.22 24'RCP APRON CLIII W/TRASHGUARD EA $732.31 3.00 1.00 $2,196.93 $732.31 24" RCP DES 3006 CL III LF $25.18 913.00 248.00 $22,989.34 $6,244.64 36' MH RISER 48" DIA EA $441.13 3.00 1.00 $1,323.39 $441.13 4" PVC SOR 26 (FOR SERVICES) LF $7.00 7,790.00 2,037.00 $54,530.00 $14,259.00 4" X 8' PVC WYE EA $39.87 134.00 63.00 $5,342.58 $2,511.81 42' RCP DES 3006 CL III LF $67.64 420.00 538.00 118 $28,408.80 $36,390.32 $7,981.52 48' OIA MH EA $1,506.97 35.00 14.00 $52,743.95 $21,097.58 48' MH RISER 48' OIA EA $472.03 2.00 1.00 $944.06 $472.03 54'RCPAPRONCLIII W/TRASHGUARD EA $1,987.34 1.00 1.00 $1,987.34 $1,987.34 54" RCP DES 3006 CL III LF $98.82 400.00 283.00 $39,528.00 $27,966.06 6" DIP CL 52 WI FITTINGS LF $27.77 738.00 45.00 $20,494.26 $1,249.65 6' GV ANO BOX EA $666.67 27.00 4.00 $18,000.09 $2,666.68 6' HYO 8'-0" BURY EA $1,691.59 19.00 4.00 $32,140.21 $6,766.36 6' LIVE TAP ON EX 10'WM EA $1,362.06 2.00 1.00 $2,724.12 $1,362.06 8' DIP CL 52 WI FITTINGS LF $20.20 6,565.00 1,470.00 $132,613.00 $29,694.00 8' DIP SAN SEWER LF $36.62 20.00 20.00 $732.40 $732.40 8' GV AND BOX EA $855.34 16.00 2.00 $13,685.44 $1,710.68 8'LlVETAPONEX10'WM EA $1,864.29 1.00 1.00 $1,864.29 $1,864.29 8' LIVE TAP ON EX 14'WM EA $1,821.39 3.00 1.00 $5,464.17 $1,821.39 8' PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF $13.23 1,765.00 1,055.00 $23,350.95 $13,957.65 8' PVC PIPE SEWER SOR 35 (10-12' DEPTH) LF $14.57 1,974.00 893.00 $28,761.18 $13,011.01 8' PVC PIPE SEWER SDR 35 (12-14' DEPTH) LF $15.35 2,256.00 243.00 $34,629.60 $3,730.05 6' PVC PIPE SEWER SDR 35 (14-16' OEPTH) LF $23.52 555.00 97.00 $13,053.60 $2,281.44 8' PVC PIPE SEWER SOR 35 (16-18' OEPTH) LF $69.13 99.00 19.00 $6,843.87 $1,313.47 ARCH PIPE 65" X 40' RCP LF $166.24 100.00 100.00 $18,624.00 $18,624.00 CONNECT TO EX MH EA $1,042.94 8.00 3.00 $8,343.52 $3,128.82 CONNECT TO EX SAN SEWER EA $412.92 11.00 1.00 $4,542.12 $412.92 CONNECT TO EX STORM SEWER EA $464.53 4.00 1.00 $1,858.12 $464.53 CONNECT TO EX WM EA $412.92 12.00 1.00 $4,955.04 $412.92 Page 8 of9 I ItemDescription Unit Unit Price I Estimate Quantity Actual Quantity Quantity Overage Contract Bid Total Actual Total Cost Overage CONNECT TO EX WYE EA $412.92 19.00 13.00 $7,845.48 $5,367.96 CONST ORAINAGE STRUCTURE 4020 27" DIA (OESIG EA $578.48 7.00 2.00 $4,049.36 $1,156.96 CONST DRAINAGE STRUCTURE DES 24'X36' EA $822.60 43.00 10.00 $35,371.80 $8,226.00 CONST ORAINAGE STRUCTURE DES 4020-48 EA $1,523.61 19.00 5.00 $28,948.59 $7,618.05 CaNST ORAINAGE STRUCTURE DES 4020-60 EA $2,174.38 3.00 1.00 $6,523.14 $2,174.38 CONST ORAINAGE STRUCTURE DES 4020-72 EA $2,253.90 5.00 2.00 $11,269.50 $4,507.80 CONST ORAINAGE STRUCTURE DES 4020-84 EA $3,100.59 3.00 3.00 $9,301.77 $9,301.77 CUT IN 4' ON 18' WYE (INCLUOES FERNCOS & 18' P EA $1,353.82 2.00 2.00 $2,707.64 $2,707.64 GEOTEXTILE FILTER MATERIAL TYPE IV SY $1.02 637.00 142.20 $649.74 $145.04 INSTALL COATED CHAIN LINK FENCE LF $16.32 600.00 468.00 $9,792.00 $7,637.76 INSTALL SALVAGED RCP LF $20.65 24.00 16.00 $495.60 $330.40 REMOVE FES EA $206.46 2.00 1.00 $412.92 $206.46 RIPRAP CL III TON $50.45 175.00 189.40 14.4 $8,828.75 $9,555.23 $726.48 SALVAGE 42" RCP LF $20.65 24.00 16.00 $495.60 $330.40 SALVAGE CONE SECTION EA $214.52 9.00 2.00 $1,930.68 $429.04 SubProject Totals: $2,062,956.42 $327,406.30 $8,708.00 Total Project Amount To Date: $9,166,689.17 $1,961,296.12 $41,536.58 Page 9 oj9 CßKtAacko-YS c¿ Request For Payment Date: July 13,2004 Project: Spiral Blvd & 31st St Ext Contractor: Ryan Contracting Co. Request Number: 6 Payment Period: 6/1/2004 - 6/30/2004 ITEM ~ I Quantity II Unit Price I COMPLETED I This Period II To Date I I Quantity II Amount II Quantity II Amount I ORIGINAL BID - CLEARING (ACRE) ACRE 0.1 $2,100.00 I 0 $0.00 0.1 $210.00 GRUBBING (ACRE) ACRE 0.1 $2,000.00 0 $0.00 0.1 $200.00 REMOVE BIT PAVT Sy 1308 $1.50 I 0 $0.00 1351 $2.026.50 COMMON EXC (P) CY 14300 $1.40 I 0 $0.00 14300 $20,020.00 RESET EX UTILITY CASTING EA 7 $275.00 I 0 $0.00 4 $1,100.00 AGG BASE CL 5100% CRUSHED TON 3600 $7.92 I 685 $5,425.20 5875.56 $46.534.44 BIT NON WEAR COURSE (MV 3) STREET TON 1750 $28.70 I 0 $0.00 2077.2 $59,615.64 BIT MATERIAL FOR TACK COAT GAL 715 $1.15 I 55 $63.25 55 $63.25 BIT WEAR COURSE (LV 4) TRAIL TON 220 $37.35 211.7 $7,907.00 211.7 $7,907.00 BIT NON WEAR COURSE (LV 3) TRAIL TON 230 $34.30 I 233 $7,991.90 233 $7,991.90 CONC qJRB AND GUTTER B618 LF 5820 $7.75 I 0 $0.00 5039 $39,052.25 BUR OAK 21/2" DIA B&B TREE 28 $300.00 I 24 $7,200.00 24 $7,200.00 PRAIRIE SPIRE ASH 2 1/2" DIA B&B TREE 18 $275.00 I 15 $4,125.00 15 $4,125.00 KENTUCKY COFFEE TREE 2 1/2" DIA B&B TREE 11 $300.00 I 7 $2,100.00 7 $2,100.00 AUTUMN BLAZE MAPLE 21/2" DIA B&B TREE 13 $275.00 I 12 $3,300.00 12 $3,300.00 < AMERICAN LINDEN 2 1/2" DIA B&B TREE 5 $275.00 I 5 $1,375.00 5 $1,375.00 ' ....Jo, SKYLINE HONEYLOCUST 2 1/2" DIA B&B TREE 5 $275.00 I 5 $1,375.00 5 $1,375.00 0 SODDING TYPE LAWN HIGHLAND sf 7600 $2.15 I 2121 $4,560.15 2121 $4,560.15 SEED/FERTILIZER/MULCH (SEED MIXTURE 50B) I 2.9 $600.00 I 0.5 $300.00 0.5 $300.00 SEED/FERTILIZERIMULCH (SEED MIXTURE 310) POND 0.12 $2,500.00 I 0.12 $300.00 0.12 $300.00 MACHINE SLICED SILT FENCE LF 3735 $1.25 I 0 $0.00 2165 $2,706.25 12" RCPSEWER CLASS III LF 176 $18.20 I 0 $0.00 108.1 $1,967.42 15" RCP SEWER CLASS III LF 1066 $19.50 I 0 $0.00 998.3 $19,466.85 Pagelo!7 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date ~ I Quantity II Unit Price IIII Quautity II Amount II Quautity II Amount 18" RCP SEWER CLASS III LF 194 $21.00 I 0 $0.00 111 $2,331.00 21" RCP SEWER CLASS III LF 109 $24.25 I 0 $0.00 109 $2,643.25 24" RCP SEWER CLASS III LF 84 $26.70 I 0 $0.00 84 $2,242.60 36" RCP SEWER CLASS III LF 412 $49.50 I 0 $0.00 414 $20,493.00 15" RCP FES W/TRASHGUARD EA 1 $665.00 I 0 $0.00 1 $665.00 24" RCP FES WI TRASH GUARD EA 1 $1,120.00 I 0 $0.00 1 $1,120.00 36' RCP FES WITRASHGUARD EA 1 $1,705.00 I 0 $0.00 1 $1,705.00 STORM SEWER MH 48" EA 3 $1,090.00 I 0 $0.00 3 $3,270.00 STORM SEWER MH 60" EA 1 $1,700.00 I 0 $0.00 2 $3,400.00 CATCH BASIN MH 48" EA 3 $1,090.00 0 $0.00 4 $4,360.00 CATCH BASIN MH 60" EA 2 $1,750.00 I 0 $0.00 2 $3,500.00 CATCH BASIN 24"X 36" EA 11 $737.00 I 0 $0.00 10 $7,370.00 CASTING ASSEMBLY (STORM) EA 20 $305.00 0 $0.00 21 $6,405.00 REMOVE SAN SEWER PIPE LF 20 $10.00 I 0 $0.00 20 $200.00 SAN SEWER MH 48" EA 7 $1,940.00 I 0 $0.00 7 $13,580.00 EXTRA DEPTH MH OVER 10' LF 24 $90.00 I 0 $0.00 24 $1,920.00 CASTING ASSEMBLY R-1642 (SANITARY) EA 7 $265.00 I 0 $0.00 7 $1,855.00 CONNECT TO EX SAN SEWER (PIPE) EA 1 $4,600.00 I 0 $0.00 1 $4,600.00 CONNECT TO EX SAN SEWER (MHS) EA 1 $5,100.00 I 0 $0.00 1 $5,100.00 8" PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF 291 $18.50 I 0 $0.00 302 $5,587.00 10" PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF 311 $19.65 I 0 $0.00 267 $5,246.55 10" PVC PIPE SEWER SDR 35 (10'-12' DEPTH) LF 897 $19.65 I 0 $0.00 725 $14,246.25 10" PVC PIPE SEWER SDR 35 (12'-14' DEPTH) LF 284 $19.65 I 0 $0.00 284 $5,580.60 10" PVC PIPE SEWER SDR 35 (14'-16' DEPTH) LF 133 $19.65 I 0 $0.00 133 $2,613.45 10" PVC PIPE SEWER SDR 35 (16'-18' DEPTH) LF 168 $32.15 I 0 $0.00 135 $4,340.25 10" PVC PIPE SEWER SDR 35 (18'-20' DEPTH) LF 564 $38.75 I 0 $0.00 531.3 $20,587.88 DIP FITTINGS LB 21 $5.60 I 0 $0.00 55 $308.00 REMOVE EX WM LF 62 $8.00 I 0 $0.00 10 $80.00 SALVAGE HYD & VALVE EA 1 $750.00 I 0 $0.00 1 $750.00 CONNECT TO EX WM EA 2 $4,040.00 I 0 $0.00 2 $8,080.00 6"HYD EA 7 $1,590.00 I -1 ($1,590.00) 5 $7,950.00 6" DIP CL 52 LF 381 $17.70 I 0 $0.00 381 $6,743.70 Page 2 of7 ITEM ORIGINAL BID ~ I Quantity II Unit Price I COMPLETED I This Period II To Date I I Quantity II Amount II Quantity II Amount I 8" DIP CL 52 LF 2071 $20.10 I 0 $0.00 10" DIP CL 52 LF 97 $28.35 I 0 $0.00 12" DIP CL 52 LF 1054 $27.50 0 $0.00 6" GV AND BOX EA 13 $530.00 I 0 $0.00 8" GV AND BOX EA 5 $725.00 I 0 $0.00 12" GV AND BOX EA 2 $1,165.00 I 0 $0.00 FITTINGS LB 2165 $3.10 I 0 $0.00 8" DIP FORCEMAIN LF 100 $19.60 I 0 $0.00 Subtotal $44,432.50 Subtotal LS 1 $1.00 I 0 $0.00 LS 1 $1,000.00 I 0.4 $400.00 LS 1 $1.00 I 0.8 $0.80 $400.80 1965 $39,496.50 98 $2.778.30 1056 $29,040.00 13 $6,890.00 5 $3,625.00 2 $2,330.00 2504 $7,762.40 100 $1,960.00 $496,252.57 - $1.00 $1,000.00 $1.00 $1:äõ2:OO Page 3 of? ITEM I ORIGINAL BID II COMPLETED I This Period II To Date ~ I Quantity II Unit Price IIII Quantity II Amount II Quantity I I Amount - CLEARING (ACRE) ACRE 6 $2,100.00 0 $0.00 6 $12,600.00 GRUBBING (ACRE) ACRE 6 $2,100.00 0 $0.00 6 $12,600.00 REMOVE STORM SEWER PIPE IF 367 $3.00 0 $0.00 251 $753.00 REMOVE BIT PAVT Sy 220 $2.00 0 $0.00 143 $286.00 REMOVE, SALVAGE & REINSTALL CHAINLINK FENCE IF 250 $14.00 0 $0.00 100 $1.400.00 COMMON EXC (P) Cy 53600 $0.90 0 $0.00 53600 $48,240.00 AGG BASE CL 5100% CRUSHED TON 5600 $5.90 689.1 $4,065.69 5612.7 $33,114.93 BIT WEAR COURSE (MV 3) STREET TON 1550 $30.15 0 $0.00 170.7 $5,146.61 BIT NON WEAR COURSE (MV 3) STREET TON 1550 $28.70 0 $0.00 1929.4 $55,373.78 BIT MATERIAL FOR TACK COAT GAL 640 $1.15 0 $0.00 50 $57.50 BIT WEAR COURSE (LV 4) TRAIL TON 180 $37.35 213 $7,955.55 213 $7,955.55 BIT NON WEAR COURSE (LV 3) TRAIL TON 190 $34.30 233.2 $7,998.76 233.2 $7,998.76 CONC CURB AND GUTTER B618 IF 4620 $7.27 0 $0.00 4899 $35,615.73 6" CONC DRIVEWAY PVMT (SF) SF 1150 $2.93 0 $0.00 317 $928.81 BUR OAK 2 1/2" DIA B&B TREE 10 $300.00 13 $3,900.00 13 $3.900.00 PRAIRIE SPIRE ASH 2 1/2" DIA B&B TREE 21 $275.00 20 $5,500.00 20 $5,500.00 KENTUCKY COFFEE TREE 2 1/2" DIA B&B TREE 9 $275.00 10 $2,750.00 10 $2,750.00 AUTUMN BLAZE MAPLE 2 1/2" DIA B&B TREE 15 $275.00 13 $3,575.00 13 $3,575.00 AMERICAN LINDEN 2 1/2" DIA B&B TREE 12 $275.00 12 $3,300.00 12 $3,300.00 SKYLINE HONEYLOCUST 21/2" DIA B&B TREE 2 $275.00 3 $825.00 3 $825.00 SODDING TYPE LAWN HIGHLAND Sy 8500 $0.01 2583 $25.83 2583 $25.83 SEED/FERTILIZERIMULCH (SEED MIXTURE SOB) 3.2 $600.00 1.6 $960.00 1.6 $960.00 TYPE III EROSION BLANKET Sy 11000 $1.12 0 $0.00 10993 $12,312.16 HEAVY DUTY SILT FENCE IF 7550 $1.85 0 $0.00 3065 $5,057.25 ROCK CHECK DAM EA 36 $0.01 0 $0.00 5 $0.05 12" RCP SEWER CLASS III IF 305 $18.20 0 $0.00 331 $6,024.20 15" RCP SEWER CLASS III IF 152 $19.50 0 $0.00 259 $5,050.50 24" RCP SEWER CLASS III IF 467 $25.70 0 $0.00 403 $10,357.10 3D" RCP SEWER CLASS III IF 190 $26.00 0 $0.00 262 $6.812.00 36" RCP SEWER CLASS III IF 798 $49.50 0 $0.00 724 $35,838.00 42" RCP SEWER CLASS III IF 987 $67.75 0 $0.00 1186 $80,351.50 Page 4 of 7 ITEM I ORIGINAL BID II COMPLETED I This Period II To Date J ~ I Quantity I I Unit Price 1!IIQuantity!1 Amount II Quantity II Amount ~J 48' RCP SEWER CLASS III LF 100 $90.00 I 0 $0.00 32 $2,880.00 15" RCP FES W/TRASHGUARD EA 2 $590.00 I 0 $0.00 2 $1,180.00 24" RCP FES WITRASHGUARD EA 2 $1,045.00 I 0 $0.00 2 $2,090.00 48" RCP FES W/TRASHGUARD EA 1 $2,305.00 I 0 $0.00 1 $2,305.00 51" X 31" RCP ARCH FES W/TRASHGUARD EA 6 $2,355.00 I 0 $0.00 3 $7,065.00 CATCH BASIN MH 48" EA 3 $1,140.00 I 0 $0.00 1 $1,140.00 CATCH BASIN MH 60" EA 6 $1,750.00 I 0 $0.00 6 $10,500.00 CATCH BASIN MH 72" EA 5 $2,050.00 I 0 $0.00 4 $8,200.00 CATCH BASIN MH 84" EA 1 $3,045.00 I 0 $0.00 3 $9,135.00 CATCH BASIN 24"X 36" EA 10 $735.00 I 0 $0.00 10 $7,350.00 CASTING ASSEMBLY (STORM) EA 25 $305.00 I 0 $0.00 24 $7,320.00 RANDOM RIPRAP CL III (TON) TON 110 $55.00 I 0 $0.00 67.9 $3,734.50 6" PVC PIPE SEWER SDR 35 (0-12' DEPTH) LF 100 $17.20 I 0 $0.00 97 $1,668.40 DIP FITTINGS LB 36 $3.60 I 0 $0.00 100 $360.00 6"HYD EA 1 $1,590.00 I 0 $0.00 1 $1,590.00 6" DIP CL 52 LF 440 $15.70 I 0 $0.00 437 $6,860.90 6" GV AND BOX EA 1 $520.00 I 0 $0.00 1 $520.00 FITTINGS LB 176 $3.60 I 0 $0.00 176 $633.60 8" DIP FORCEMAIN LF 340 $17.60 I 0 $0.00 340 $5,984.00 42" RCP ARCH FES W/TRASHGUARD EA 6 $2,005.00 I 2.5 $5,012.50 2.5 $5,012.50 Subtotal $45,868.33 $490,238.16 Page 5 of 7 CITY OF HASTINGS Spiral Blvd & 31 5t St Ext Payment Summary 6/1/2004 through 6/30/2004 PROJECTS: I This Period II Total To Date Beginning to W Plat Line of Glendale Heights TOTAL WORK COMPLETED TO DATE: $44,432.50 $496,252.57 $400.80 $1,002.00 $45,868.33 $490,238.16 $90,701.83 $987,492.72 Lump Sum Items Spiral Blvd - W Plat Line Glendale Heights to End Page 6 of7 City of Hastings Spiral Blvd & 31st St Ext Application for Payment Number: Period Ending: Contractor: 6 6/30/2004 Ryan Contracting Co. 8700 13th Avenue East Shakopee, MN 55379 contracto~ ~ Engineer Date I 0'. ~ 1 ~ 2..oo't- Dae Approved by: Owner Date ...EAYMF..NT SUMMARY' TOTALS TO DATE: Pay Est. # Period Retainage Payment 1 10/1/2003 - 10/3112003 $0.00 $45,201.50 2 11/1/2003 - 11130/2003 $0.00 $507,561.47 3 12/112003 - 12/3112003 $0.00 $3,641.65 4 4/1/2004 . 4130/2004 $20,325.88 $397,365.91 5 5/112004 - 5/31/2004 $0.00 $0.00 8 6/1/2004 - 6130/2004 $4,535.08 $86,166.54 I $24,860.96 $1,039,937.07 I Total Completed To Date Less Retainage: Less Previous Payment: Total Amount Due: $987,492.72 $24,860.96 $953,770.53 $8,861.23 Page 7 of7 Item Account Records Spiral Blvd & 31st St Ext 6/1/2004 through 6/30/2004 7/13/2004 Date Comments Unit Price TON 685.0000 $7.92 $5,425.20 GAL 55.0000 $1.15 $63.25 TON 211.7000 $37.35 $7,907.00 TON 233.0000 $34.30 $7,991.90 TREE 24.0000 $300.00 $7,200.00 TREE 15.0000 $275.00 $4,125.00 TREE 7.0000 $300.00 $2,100.00 TREE 12.0000 $275.00 $3,300.00 TREE 5.0000 $275.00 $1,375.00 TREE 5.0000 $275.00 $1,375.00 SY 2,121.0000 $2.15 $4,560.15 0.5000 $600.00 $300.00 0.1200 $2,500.00 $300.00 EA -1.0000 $1,590.00 ($1,590.00) 6/3012004 AGG BASE CL 5100% CRUSHEO 6/30/2004 BIT MATERIAL FOR TACK COAT Burns 613012004 BIT WEAR COURSE (LV 4) TRAIL Burns 6130/2004 BIT NON WEAR COURSE (LV 3) TRAIL Burns 6130/2004 BUR OAK 2 112' OIA B&B Burns 613012004 PRAIRIE SPIRE ASH 2 1/2" OIA B&B Burns 6/3012004 KENTUCKY COFFEE TREE 21/2' OIA B&B Burns 613012004 AUTUMN BLAZE MAPLE 2 1/2" OIA B&B Burns 613012004 AMERICAN LlNOEN 2 1/2' DIA B&B Burns 6130/2004 SKYLINE HONEYLOCUST 2 1f2' OIA B&B Burns 6130/2004 SODOING TYPE LAWN HIGHLAND Burns 6130/2004 SEEO/FERTILIZERIMULCH (SEED MIXTURE 50B) Burns 6130/2004 SEEO/FERTILIZERIMULCH (SEEO MIXTURE 310) PON Burns 6130/2004 6'HYD Burns Burns Page 1 of2 Date ItemDescription By Comments Unit Quantity Unit Price Item Total: 6130/2004 BIT WEAR COURSE (LV 4) TRAIL Burns TON 213.0000 $37.35 $7,955.55 6130/2004 BIT NON WEAR COURSE (LV 3) TRAIL Burns TON 233.2000 $34.30 $7.998.76 6/3012004 BUR OAK 2 112' DIA B&B Burns TREE 13.0000 $300.00 $3,900.00 613012004 PRAIRIE SPIRE ASH 2 112' orA B&B Burns TREE 20.0000 $275.00 $5,500.00 6130/2004 KENTUCKY COFFEE TREE 2112" OIA B&B Burns TREE 10.0000 $275.00 $2,750.00 6130/2004 AUTUMN BLAZE MAPLE 2 112" OIA B&B Burns TREE 13.0000 $275.00 $3,575.00 6130/2004 AMERICAN LINDEN 2 1/2' DIA B&B Burns TREE 12.0000 $275.00 $3,300.00 613012004 SKYLINE HONEYLOCUST 2 112" OIA B&B Burns TREE 3.0000 $275.00 $825.00 613012004 SODDING TYPE LAWN HIGHLAND Burns SY 2,583.0000 $0.01 $25.83 6130/2004 SEEOIFERTILIZERIMULCH (SEED MIXTURE SOB) Burns 0.8000 $600.00 $480.00 613012004 SEED/FERTILIZERIMULCH (SEED MIXTURE SOB) Burns Seed mix 190 not used. Paid for 80% 0.8000 $600.00 $480.00 of seed mix SOB bid price at $600. 6130/2004 42' RCP ARCH FES WfTRASHGUARD Burns EA 2.5000 $2,005.00 $5,012.50 Total Project Amount for Period: $90,701.63 Pagel oIl Quantities and Costs To Date Tuesday, July 13, 2004 Spiral Blvd & 31st St Ext ------, I Quantity I I Contract Actual Total Overage Bid Total 10'OlPCL52 LF $26.35 97.00 96.00 1 $2,749.95 $2,776.30 10" PVC PIPE SEWER SDR 35 (0-10' OEPTH) LF $19.65 311.00 267.00 $6,111.15 $5,246.55 10' PVC PIPE SEWER SDR 35 (10'-12' OEPTH) LF $19.65 697.00 725.00 $17,626.05 $14,246.25 10' PVC PIPE SEWER SDR 35 (12'-14' DEPTH) LF $19.65 264.00 264.00 $5,560.60 $5,560.60 10" PVC PIPE SEWER SOR 35 (14'-16' DEPTH) LF $19.65 133.00 133.00 $2,613.45 $2,613.45 10' PVC PIPE SEWER SDR 35 (16'-16' OEPTH) LF $32.15 166.00 135.00 $5,401.20 $4,340.25 10' PVC PIPE SEWER SDR 35 (16'-20' DEPTH) LF $36.75 564.00 531.30 $21,655.00 $20,587.66 12' OIP CL52 LF $27.50 1,054.00 1,056.00 2 $26,965.00 $29,040.00 $55.00 12' GV AND BOX EA $1,165.00 2.00 2.00 $2,330.00 $2,330.00 12' RCP SEWER CLASS III LF $16.20 176.00 106.10 $3,203.20 $1,967.42 15" RCP FES W/TRASHGUARO EA $665.00 1.00 1.00 $665.00 $665.00 15' RCP SEWER CLASS III LF $19.50 1,066.00 996.30 $20,767.00 $19,466.65 16' RCP SEWER CLASS III LF $21.00 194.00 111.00 $4,074.00 $2,331.00 21' RCP SEWER CLASS III LF $24.25 109.00 109.00 $2,643.25 $2,643.25 24" RCP FES W/TRASHGUARD EA $1,120.00 1.00 1.00 $1,120.00 $1,120.00 24" RCP SEWER CLASS III LF $26.70 64.00 64.00 $2,242.60 $2,242.60 36' RCP FES WITRASHGUARO EA $1,705.00 1.00 1.00 $1,705.00 $1,705.00 36" RCP SEWER CLASS III LF $49.50 412.00 414.00 2 $20,394.00 $20,493.00 $99.00 6' OIP CL 52 LF $17.70 361.00 361.00 $6,743.70 $6,743.70 6' GV ANO BOX EA $530.00 13.00 13.00 $6,690.00 $6,690.00 6"HYD EA $1,590.00 7.00 5.00 $11,130.00 $7,950.00 6"01PCL52 LF $20.10 2,071.00 1,965.00 $41,627.10 $39,496.50 6" OIP FORCEMAIN LF $19.60 100.00 100.00 $1,960.00 $1,960.00 6' GV ANO BOX EA $725.00 5.00 5.00 $3,625.00 $3,625.00 6' PVC PIPE SEWER SOR 35 (0-10' DEPTH) LF $16.50 291.00 302.00 11 $5,363.50 $5,587.00 $203.50 AGG BASE CL 5100% CRUSHED TON $7.92 3,600.00 5,675.56 2275.56 $28,512.00 $46,534.44 $16,022.44 AMERICAN LINDEN 2 112' OIA B&B TREE $275.00 5.00 5.00 $1,375.00 $1,375.00 AUTUMN BlAZE MAPLE 2 1/2" DIA B&B TREE $275.00 13.00 12.00 $3,575.00 $3,300.00 BIT MATERIAL FOR TACK COAT GAL $1.15 715.00 55.00 $622.25 $63.25 BIT NON WEAR COURSE (LV 3) TRAIL TON $34.30 230.00 233.00 3 $7,889.00 $7,991.90 $102.90 BIT NON WEAR COURSE (MV 3) STREET TON $26.70 1,750.00 2,077.20 327.2 $50,225.00 $59,615.64 $9,390.64 BIT WEAR COURSE (LV 4) TRAIL TON $37.35 220.00 211.70 $8,217.00 $7,907.00 BUR OAK 2 112" DIA B&B TREE $300.00 26.00 24.00 $6,400.00 $7,200.00 CASTING ASSEMBLY (STORM) EA $305.00 20.00 21.00 1 $6,100.00 $6,405.00 $305.00 - Page lof5 ltemDescriPtion Unit Unit Price I Estimate Quantity Actual Quantity Quantity Overage Contract Bid Total Actual Total Cost Overage CASTING ASSEMBLY R-1642 (SANITARY) EA $265.00 7.00 7.00 $1,855.00 $1,855.00 CATCH BASIN 24'X36' EA $737.00 11.00 10.00 $8,107.00 $7,370.00 CATCH BASIN MH 4S' EA $1,090.00 3.00 4.00 1 $3,270.00 $4,360.00 $1,090.00 CATCH BASIN MH 50' EA $1,760.00 2.00 2.00 $3,500.00 $3,600.00 CLEARING (ACRE) ACRE $2,100.00 0.10 0.10 $210.00 $210.00 COMMON EXC (P) CY $1.40 14,300.00 14,300.00 $20,020.00 $20,020.00 CONC CURB ANO GUTTER B618 LF $7.76 5,820.00 6,039.00 $45,105.00 $39,052.25 CONNECT TO EX SAN SEWER (MHS) EA $6,100.00 1.00 1.00 $6,100.00 $5,100.00 CONNECT TO EX SAN SEWER (PIPE) EA $4,600.00 1.00 1.00 $4,600.00 $4,600.00 CONNECT TO EX WM EA $4,040.00 2.00 2.00 $8,080.00 $8,080.00 OIP FITTINGS LB $6.60 21.00 55.00 34 $117.60 $308.00 $190.40 EXTRA DEPTH MH OVER 10' LF $80.00 24.00 24.00 $1,920.00 $1,920.00 FITTINGS LB $3.10 2,165.00 2,504.00 339 $6,711.60 $7,762.40 $1.050.90 GRUBBING (ACRE) ACRE $2,000.00 0.10 0.10 $200.00 $200.00 KENTUCKY COFFEE TREE 2 1/2' DlA B&B TREE $300.00 11.00 7.00 $3,300.00 $2,100.00 MACHINE SLICED SILT FENCE LF $1.25 3,735.00 2,165.00 $4,668.75 $2,706.25 PRAIRIE SPIRE ASH 2 1/2' DIA B&B TREE $275.00 16.00 15.00 $4,400.00 $4,125.00 REMOVE BIT PAVT SY $1.60 1,308.00 1,361.00 43 $1,962.00 $2,026.60 $64.50 REMOVE EXWM LF $8.00 62.00 10.00 $496.00 $SO.OO REMOVE SAN SEWER PIPE LF $10.00 20.00 20.00 $200.00 $200.00 RESET EX UTILITY CASTING EA $275.00 7.00 4.00 $1,925.00 $1,100.00 SALVAGE HYO & VALVE EA $750.00 1.00 1.00 $750.00 $750.00 SAN SEWER MH 4S' EA $1,940.00 7.00 7.00 $13,5S0.00 $13,580.00 SEED/FERTILIZER/MULCH (SEED MIXTURE 310) PON $2,500.00 0.12 0.12 $300.00 $300.00 SEEO/FERTILIZER/MULCH (SEEO MIXTURE 50B) $600.00 2.90 0.50 $1,740.00 $300.00 SKYLINE HONEYLOCUST 2112' DIA B&B TREE $275.00 5.00 5.00 $1,375.00 $1,375.00 SOOOING TYPE LAWN HIGHLANO SY $2.15 7,SOO.00 2,121.00 $16.770.00 $4,560.15 STORM SEWER MH 48' EA $1,090.00 3.00 3.00 $3,270.00 $3,270.00 STORM SEWER MH 60' EA $1,700.00 1.00 2.00 1 $1,700.00 $3,400.00 $1,700.00 SubProject Totals: $757,625.80 $496,252.57 $32,302.63 Page 2 of 5 11 ~ <i '" 't -.: 't1l g~ §~ Ç,)~ .g~ ;:: i! t; .. 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'" ¡;¡ ~ ~ ¡;; 't .~ ~ -=> 000 '" q q q '" ~~~ ..J (,)0 xCI: zwl- Qi'jt5 ~!::~ ::;~¡¡: ~t5~ :::;;!l.1- I ItemDescription Unit Unit Price I Estimate Quantity Actual Quantity Quantity Overage Contract Bid Total Actual Total Cost Overage 12" RCP SEWER CLASS III LF $18.20 305.00 331.00 26 $5,551.00 $6,024.20 $473.20 15' RCP FES WITRASHGUARO EA $590.00 2.00 2.00 $1,180.00 $1,180.00 15" RCP SEWER CLASS III LF $19.50 152.00 259.00 107 $2,964.00 $5,050.50 $2,086.50 24' RCP FES WfTRASHGUARO EA $1,045.00 2.00 2.00 $2,090.00 $2,090.00 24" RCP SEWER CLASS III LF $25.70 467.00 403.00 $12,001.90 $10,357.10 30' RCP SEWER CLASS III LF $26.00 190.00 262.00 72 $4,940.00 $6,812.00 $1,872.00 36" RCP SEWER CLASS III LF $49.50 798.00 724.00 $39,501.00 $35,838.00 42' RCP ARCH FES WfTRASHGUARO EA $2,005.00 6.00 2.50 $12,030.00 $5,012.50 42' RCP SEWER CLASS III LF $67.75 987.00 1,186.00 199 $66,869.25 $80,351.50 $13,482.25 48' RCP FES WI TRASHGUARD EA $2,305.00 1.00 1.00 $2,305.00 $2,305.00 48' RCP SEWER CLASS 1\1 LF $90.00 100.00 32.00 $9,000.00 $2,880.00 51' X 31" RCP ARCH FES W/TRASHGUARD EA $2,355.00 6.00 3.00 $14,130.00 $7,065.00 6' CONC DRIVEWAY PVMT (SF) SF $2.93 1,150.00 317.00 $3,369.50 $928.81 6" OIP CL52 LF $15.70 440.00 437.00 $6,908.00 $6,860.90 6' GV AND BOX EA $520.00 1.00 1.00 $520.00 $520.00 6'HYD EA $1,590.00 1.00 1.00 $1,590.00 $1,590.00 6' PVC PIPE SEWER SOR 35 (0-12' DEPTH) LF $17.20 100.00 97.00 $1,720.00 $1,668.40 8' DIP FORCEMAIN LF $17.60 340.00 340.00 $5,984.00 $5,984.00 AGG BASECL5100%CRUSHEO TON $5.90 5,600.00 5,612.70 12.7000 $33,040.00 $33,114.93 $74.93 AMERICAN LINDEN 2 1f2' DIA B&B TREE $275.00 12.00 12.00 $3,300.00 $3,300.00 AUTUMN BLAZE MAPLE 2 112" CIA B&B TREE $275.00 15.00 13.00 $4,125.00 $3,575.00 BIT MATERIAL FOR TACK COAT GAL $1.15 640.00 50.00 $736.00 $57.50 BIT NON WEAR COURSE (LV 3) TRAIL TON $34.30 190.00 233.20 43.2 $6,517.00 $7,998.76 $1,481.76 BIT NON WEAR COURSE (MV 3) STREET TON $28.70 1,550.00 1,929.40 379.4 $44,485.00 $55,373.78 $10,888.78 BIT WEAR COURSE (LV 4) TRAIL TON $37.35 180.00 213.00 33 $6,723.00 $7,955.55 $1,232.55 BIT WEAR COURSE (MV 3) STREET TON $30.15 1,550.00 170.70 $46,732.50 $5,146.61 BUR OAK 2 1/2' DIA B&B TREE $300.00 10.00 13.00 3 $3,000.00 $3,900.00 $900.00 CASTING ASSEMBLY (STORM) EA $305.00 25.00 24.00 $7,625.00 $7,320.00 CATCH BASIN 24'X 36' EA $735.00 10.00 10.00 $7,350.00 $7,350.00 CATCH BASIN MH 48' EA $1,140.00 3.00 1.00 $3.420.00 $1,140.00 CATCH BASIN MH60' EA $1,750.00 6.00 6.00 $10,500.00 $10,500.00 CATCH BASIN MH 72' EA $2,050.00 5.00 4.00 $10,250.00 $8,200.00 CATCH BASIN MH 84' EA $3,045.00 1.00 3.00 2 $3,045.00 $9,135.00 $6,090.00 CLEARING (ACRE) ACRE $2,100.00 6.00 6.00 $12,600.00 $12,600.00 COMMON EXC (P) CY $0.90 53,600.00 53,600.00 $48,240.00 $48,240.00 CONC CURB AND GUTTER B618 LF $7.27 4,620.00 4,899.00 279 $33,587.40 $35,615.73 $2.028.33 DIP FITTINGS LB $3.60 36.00 100.00 64 $129.60 $360.00 $230.40 FITTINGS LB $3.60 176.00 176.00 $633.60 $633.60 GRUBBING (ACRE) ACRE $2,100.00 6.00 6.00 $12,600.00 $12,600.00 - Page4of5 I ItemDescription Unit Unit Price I Estimate Quantity Actual Quantity Quantity Overage Contract Bid Total Actual Total Cost Overage HEAVY DUTY SILT FENCE LF $1.65 7,550.00 3,065.00 $12,457.50 $5,057.25 KENTUCKY COFFEE TREE 21/2' DIA B&B TREE $275.00 9.00 10.00 1 $2,475.00 $2,750.00 $275.00 PRAIRIE SPIRE ASH 2 1/2" DIA B&B TREE $275.00 21.00 20.00 $5,775.00 $5,500.00 RANOOM RIPRAP CL III (TON) TON $55.00 110.00 67.90 $6,050.00 $3,734.50 REMOVE BIT PAVT SY $2.00 220.00 143.00 $440.00 $286.00 REMOVE STORM SEWER PIPE LF $3.00 367.00 251.00 $1,101.00 $753.00 REMOVE, SALVAGE & REINSTALL CHAINLINK FENC LF $14.00 250.00 100.00 $3,500.00 $1,400.00 ROCK CHECK OAM EA $0.01 36.00 5.00 $0.36 $0.05 SEED/FERTiLIZER/MULCH (SEED MIXTURE 50B) $600.00 3.20 1.60 $1,920.00 $960.00 SKYLINE HONEYLOCUST 2 1/2" DIA B&B TREE $275.00 2.00 3.00 1 $550.00 $825.00 $275.00 SODDING TYPE LAWN HIGHLAND SY $0.01 8,500.00 2,583.00 $85.00 $25.83 TYPE ill EROSION BLANKET SY $1.12 11,000.00 10,993.00 $12,320.00 $12,312.16 SubProject Totals: $845,882.76 $490,238.16 $41,390.70 Total Project Amount To Date: $1,607,511.56 $987,492.72 $73,693.33 ~ Page5af5 TO: FROM: DATE: RE: VI-1/ Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk July 14, 2004 Request for Unpaid Leave of Absence Council Action Reauested: Approve unpaid leave of absence for Marsha Katasonova, with the following conditions recommended by staff: 1. 2. 3. 4. 5. 6. An unpaid leave of absence be approved for the period of July 7-August 7, 2004 for Marsha Katasonova; Marsha Katasonova be placed on FMLA-eligible leave, beginning July 7,2004 and ending on or about July 27, 2004, when her twelve weeks of FMLA eligible leave is exhausted; Marsha Katasonova be placed on unpaid, non-FMLA-eligible leave from the period on or about July 27,2004 to August 7,2004, which is at the discretion of the City of Hastings; Marsha Katasonova be responsible for all insurance costs while on the unpaid leave of absence and during FMLA leave; Marsha Katasonova will not accrue any sick, vacation, or other benefits while on an unpaid leave of absence; Marsha Katasonova must return to work on August 9, 2004, and must provide medical certification, before returning to work, of her ability to return to work and perform the essential functions of her job as code enforcement inspector. Backaround Information: Marsha Katasonova, the City's Code Enforcement Inspector, is requesting an unpaid leave of absence under the Family and Medical Leave Act and the City's Unpaid Leave of Absence policy. Under FMLA, eligible employees are entitled to 12 weeks of leave (paid or unpaid) for qualifying situations in any twelve month period. Marsha has taken FMLA-eligible leave from August 29-0ctober 10, 2003 as a result of a qualifying event. She has also taken FMLA eligible leave from April 5-May 21, 2004 due to another qualifying event. On July 7,2004, Marsha submitted a request for FMLA leave due to a qualifying event, effective July 7,2004. She has also submitted a request (attached) for an unpaid leave of absence from July 7-August 7,2004. Marsha's annual allotment of twelve weeks of FMLA-eligible leave is estimated to be exhausted on or about July 27, 2004 and her unpaid leave request from on or about July 27 to August 7,2004 is at the City's discretion under the City's Unpaid Leave of Absence policy. The FMLA states that an employee must be able to perform the essential functions of the job at the end of the twelve weeks of medical leave allowed under FMLA in order to return to work. Under the City's personnel policy, the City Council has discretion whether or not to grant an additional unpaid leave of absence beyond the FMLA requirements. Should the employee be unable to perform the essential functions of the job at the end of the approved FMLA leave and the City-approved unpaid leave of absence, the employee may be separated for failure to perform the essential functions of the job. The City's Personnel Policy states that any unpaid leaves of absence in excess of ten days must be acted upon by the City Council (this is separate from Family and Medical Leave). The policy also states, "the unpaid leave of absence may be granted...based on consideration of the following factors: 1. Municipal service needs; 2. The employee's performance record and length of service; 3. The reason(s) for the request; 4. Any other relevant information; and 5. The supervisor and/or department head's recommendation." If this leave is approved, Marsha will be responsible for any insurance continuation costs, through COBRA. Information regarding this continuation will be immediately sent to Marsha, subject to Council's approval of the unpaid leave of absence. City staff recommends approval of an unpaid leave of absence, with the conditions as outlined. Date: TO: CC: RE: From: July 13,2004 City of Hastings City Council Bill Mesaros and Melanie Mesko Lee Unpaid leave of Absence Marsha Jones Katasonova I am formally requesting an unpaid leave of absence, due to health reasons, from my position at the City of Hastings as a Code Enforcement Inspector. The requested effected dates are July 7, 2004 to August 7, 2004. My physician may see fit to take me off work for a longer period oftime August. Thank you for this consideration. VI-12 Memorandum To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk July 15, 2004 Approval of Full On-Sale Liquor License at The Busted Nut, 118 2nd Street East Council Action Requested: Approve the issuance of a full, on-sale liquor license at The Busted Nut (118 2nd Street East), owned by Philip Nelson and Tatia Mills. Background: Mr. Nelson and Ms. Mills have applied for a full on-sale liquor license at 118 2nd Street East (formerly The Red Feather). The applicants have submitted the background check information and have paid the background check fees. Approval will be contingent upon all of the license requirements and building code requirements being met. If approved, the license will be in effect through June 30, 2005. If you have any questions, please do not hesitate to let me know. Attachments: 1. Resolution Application materials on file CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 07-_-04 RESOLUTION APPROVING APPLICATION FOR FULL ON-SALE LICENSES TO THE BUSTED NUT, LOCATED AT 118 EAST SECOND STREET WHEREAS, Mr. Philip Nelson and Ms. Tatia Mills have presented an application to the City of Hastings for a full on-sale liquor license at The Busted Nut (name tentative), 118 East 2nd Street, Hastings, Minnesota; and WHEREAS, all necessary paperwork has been received and a background check is being conducted by the Hastings Police Department. --- - NOW, THEREFORE, BE IT RESOLVED by the CítyCouncii ofthe City of Hastings that the Mayor and Administrative Assistant/City Clerk are authorized and directed to sign this resolution approving the full, on-sale liquor license at The Busted Nut (name tentative) 118 East 2nd Street to Mr. Philip Nelson and Ms. Tatia Mills. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 19th DAY OF JULY, 2004. Ayes: Nays: Absent: Michael D. Werner, Mayor Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) VI-1~ HASTINGS POLICE DEPARTMENT MEMO FROM: DATE: SUBJECT: Mayor Mike Werner Hastings City Council Members Chief McMenomy 1'111 July 15, 2004 Consent Agenda Item - Excess Property Old Squad Cars TO: The purpose of this memo is to request Council approval to proceed with the declaration of a total of five vehicles currently owned by the City and in the police department property list. Three of these vehicles are former marked patrol units which were replaced with three new marked squads this 2004 year. One of the vehicles is a Chevy Caprice which had been used for the last 10 years as a investigative unmarked squad, and the fifth vehicle is a 1996 Dodge pickup truck which this department obtained through a administrative forfeiture through the Dakota County Attorney's Office as it was used in a fleeing police incident and burglary incident. Listed below is specific information on each of the mentioned vehicles. Year/Make/Model VIN Mileage 1) 1994 Chev Caprice 1 G1 BL52W7RR158755 86,275 2) 1997 Ford Crown Victoria 2FALP71W4VX159445 116,546 3) 2001 Ford Crown Victoria 2FAFP71W31X144796 120,822 4) 2001 Ford Crown Victoria 2FAFP71VV11X144795 93,102 5) 1996 Dodge pickup truck 1B7HF16Y7TS587262 over 110,000 As with previous excess property for vehicles, these vehicles will be put out for sealed bid for purchase. It is also requested that the money from the sale of these vehicles be allocated back to the police department vehicle fund, as we were able to do with the sale of vehicles last year, to be used to either purchase a unmarked vehicle for use by the Administration/Investigation division or be used to upgrade emergency lights and squad equipment as we were able to do with the money from last year's sale of old squad cars. If you have any questions concerning this consent agenda memo please do not hesitate to contact me, Thank you. VIII-A-1 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery July 14, 2004 Appeal Restriction of Fencing in Ponding Basin Easement - 1336 Eagle Bluff Drive Enclosed is a request from Linda and Rich Myklebust, 1336 Eagle Bluff Drive, requesting permission to extend a proposed fence 10 to 12 feet into a ponding/drainage/utility easement that runs through a large portion of their backyard. The Myklebust's permit application to construct a fence in the easement area was denied by Planning and Public Works staff. I have enclosed a copy of the development grading plan for this area and photos of the Myklebust's back yard with lines approximately denoting the easement boundary and proposed fence location. STAFF RECOMMENDATION I am recommending denial of the Myklebust's appeal. A fence in the ponding basin area may impede maintenance operations - normal and/or emergency activities. Although a 20 ft. wide drainage and utility easement straddles the property line on the west side of the property, the location of the storm sewer outfall may require access from another location, possibly across the backyards of the properties abutting the pond. In addition, fences tend to define ownership and privacy. Subsequent owners of the property may not realize that a substantial easement lies within theitfenced backyard, creating unpleasant situations when access is needed or additional encroachments are installed within the easement areas. If Council wishes to approve the appeal, I would recommend that approval include the following conditions: 1. The fence must be an open type structure such as a chain link fence that will easily permit water flow through the fence. 2. The property owners must enter into an agreement with the City that is to be recorded against their property acknowledging that the fence encroaches into a drainage and utility easement and that the property owners are responsible for all costs associated with removal and replacement of the fence should the City need to remove the fence for access to the easement area. 3. The property owners shall pay the cost of preparing the agreement and recording the agreement. ern' OF 1lAST1N6S , ""V '~/j'~/I¡¡/itl;tJI I INV72aJ211"/lifÒ , ,1,1/11'/ ;rl. AU. CHAIN ('" '1"/1 , / !('~ I I '111/111 '>.;,.0. -,.",)===-:::._1/1/111,1 " ---=-~;-----//II/II " '-=---=-::'::'::'..::"::: -... ~ - - - -111/11 ?---=--=--=-:::.-:-::.::.:::::- --- III/f;, / ¡------ - - -- - I' ~i:.~-. ': """"= ~J= ~ 1=:: Q: ~/. ~ \ /1..::: v--...- --l{--- .\ '> . ---<...r;--- ¡;;';$6', '!:9-. ~""~ - ,,-,^....A-~:;' , '" '.....-- . 5â-'~ ' ~-:JA1:lcC'"Wì< - - -756- ~ l://(K'm.IC£ --.:: ~ - '-- July 7, 2004 To Whom It May Concern: Our names are Linda and Rich Myklebust, we live at 1336 Eagle Bluff Dr" and we would like put up a chain link fence in our backyard for our pets. We applied for a permit and were approved, however with the restriction that we could come out 17 feet from our house, because there is a drainage/utility easement running through our backyard. We also have a deck on the back of our house; therefore, the fence would be only 4 feet from our deck. All this considered, puttÌ1g a fence up for our pets would be impractical given the restrictions. Our request-is that we can put the fence 1()'12 feet into the easement without restrictions. The fence will not impede any water flow, as it will run parallel to the drainage ditch. No access to the culvert on the north side of our property will be stopped either. We don't feel this will hinder anything whatsoever, and will only allow us (and our pets) to enjoy our property fully. Once again, we are asking for a variance tó place our fence within the easement, without any restrictions now or in the future. ¡;;~ ~f~ 1336 Eagle Bluff Dr. cc. Tom Montgomery, Public Works Director Turney Hazlet, Ward 2 Council Member City Council ----- VIII-A.-2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery July 14, 2004 Appeal Order to Remove Retaining Wall and Fill in Ponding Basin Easement- 1328 Eagle Bluff Drive Enclosed is a request from Don Hartinger, 1328 Eagle Bluff Drive, appealing City staff's order to remove a retaining wall and fill that was constructed in the backyard over a drainage and utility easement for the pending basin. By placing fill in the ponding basin, Mr. Hartinger has reduced the design capacity of the ponding basin, though the consultant who designed the ponding basin has calculated that the fill will result in only a Y, inch rise in the flood level of the pond. I have enclosed a copy of the development grading plan for this area and photos of the Hartinger's back yard retaining wall and fill. BACKGROUND INFORMATION A certificate of survey is required for all new home construction to verify that lot grading meets the development grading plan. The lot is then surveyed to ensure that grading was completed according to the approved plan. Mr. Hartinger's retaining wall and fill were placed after the lot grading had been checked and approved. Developers or homeowners who want to change the lot grading fro~approved development grading plan have been required to have the consultant who designed the development grading plan submit the modifications for review. In this WA¥.~gner is able to account for impacts the modification may have on the rest of the development grading design, and the City does not incur liability for revising a grading design. While aware that an easement crossed his backyard, Mr. Hartinger has stated that he was unaware that his backyard slope was part of a ponding basin. A building pennit is not required for small landscape retaining walls similar to the one installed by Mr. Hartinger. STAFF RECOMMENDATION I am recommending denial of Mr. Hartinger's appeal. There are over 30 ponding basins throughout the City with hundreds of homes backing out onto these ponding basins. Any request to fill part of these ponding basins to create more usable yard space would be denied by staff in order to protcct thc integrity of the stann water system. If Council wishes to approve the appeal to allow Mr. Hartinger to keep the existing retaining wall and fill in the cITY OF HASTlNEIS ponding basin, I would recommend that Council consider the following options: 1. Require Mr. Hartinger to work with the designer of the development's grading plan to modify the plan and require Mr. Hartinger to excavate material from the City's property on the north side of the pond to replace the storage volume lost through the construction of the retaining wall and fill, or 2. Require Mr. Hartinger to enter into an agreement with the City that would be recorded against his property. Under this agreement, Mr. Hartinger would indemnify the City from any claims resulting from the modification of the ponding basin. 3. The Council minutes should reflect that Mr. Hartinger's request represents a unique situation that does not set a precedent to be followed that will pennit other property owners to place fill within ponding basin easements. ",. "".:,ollj¡J.¡irj)' I INV 728.32"111 IIYÍJ I 11,1/111 í tAU.CIIAIN I (/1,11/1/1 ~(fNCE \ \ I¡I/I¡lil '><¡( )-==-==_J/I//lI¡ I D..., ---:?;.:"----I/I¡¡I¡ - " '-":----::'-~~----__11//{1!¡ ~~¿:-¿:-~-::~;:::::::::'_------I/~/kf / f~~~~~~(}'T~~~;;~ ~~ II:..:; ---- A '" \ '> - --' -- -;..:: y::"" ~ð6', -~, '--~~-:> - - ~ ,', ""....'..:- . ~J'- ,,' ~'-JA1:I.-J:lið¡¡L-'::"'---156-- ""t..~~---- From: Don R Hartinger [dharting@comcast.net] Sent: Tuesday, July 13, 2004 6:05 PM To: Thomas M. Montgomery Subj ect: Boulder wall in backyard Part 1 Tom: Consider this my written request to appeal the removal of the boulder wall at 1328 Eagle Bluff Drive. Attached is a Power Point presentation with pictures of our backyard and the basis used when we landscaped our yard. I will send the presentation in two parts so we don't have email issues. In addition, I will be sending a 3rd email with the engineering calculations on pond basin impact performed by James R. Hill Inc. Don R. Hartinger 1328 Eagle Bluff Drive Hastings Minnesota 734-306-6000 1328 Eagle Bluff Drive Boulder Wall -Owners consulted documentation given: Certificate of Survey. Drainage easement was assumed/portrayed as lot drainage, ITom ITont to back of lot. -Amount of fill & boulders: approx. 50 yd3 -Engineering calculation on the impact offill & boulders to the pond basin resulted in a 0.6 in. increase in pond height, using 92.6 yd 3 offill in a 100 year flood model. Analysis provided by James R, Hill Engineering Consultants -Owners intention was to add usability to backyard while maintaining/improving the natural beauty of the surroundings. ~ ~ r:fJ ~ 0 ~ ...... C\! U ~ ...... ~ ~ u ~ ~ à \5 :;;; i'!,g i ~ ~ VIII.B'.1 July 14, 2004 TO: The Honorable Mayor & Council FROM: John Grossman, HRA Director RE: Jakata Properties Land Credit and Subsidy Agreement The Land Credit is offered under the business subsidy criteria adopted by Council on December 20, 1999, amended March 3, 2003. State Law requires that the city approve at a public meeting the terms of agreements which provide assistance to businesses. Copies of the development agreement and subsidy agreement, and a Resolution authorizing execution of the documents are attached. The basic facts are as follows. Paul and Jacqueline Eischen are the owners of Jakata Properties. They also own Eischen Cabinet Company which will be the main tenant of the building. Eischen Cabinet Company is already in a building on the adjacent lot; this is an expansion. Council has approved the site plan. Jakata Properties will receive title to Lot 3, Block 1, HIP No.6, for $1.00. The balance of the land value, $49,984 will be deferred for five years. Jakata Properties agrees to construct an 11,400 sq. ft. buildin~alued approximately $380,000 on the lot within 12 months. Under the business subsidy agreement, Eischen cabinet is responsible to provide two new jobs or full time equivalents at an average wage of no less than $13.00 per hour within two years of occupancy. If they do not create the new jobs or fail to remain in business at the site for five years, Jakata Properties will have to repay the City a pro-rated share of the land value. When Jakata Properties completes the~ Ei.øchen Cabinet Company'increases their payról1àHhe š as proposed, their credits against the deferred land value are estimated $48,800. If, five years after receiving title, the total credits do not exceed the value of the land, the balance will be due and if not paid will be assessed against the land. ACTION REQUESTED: Adopt the resolution approving the terms of the purchase and development agreement and the business subsidy agreement and authorizing the Mayor and City Clerk to execute the documents. HASTINGS CITY COUNCIL RESOLUTION NO, RESOLUTION OF THE HASTINGS CITY COUNCIL APPROVING A BUSINESS SUBSIDY IN RELATION TO INDUSTRIAL PARK PROPERTY AND JAKATA PROPERTIES Dated July 19,2002 Council Member adoption: introduced the following Resolution and moved its WHEREAS: Jakata Properties, Inc. (applicant), has presented plans for a manufacturing plant- warehouse of 11,400 sq.ft., with parking and driveways on Lot 3, Block 1, Hastings Industrial Park No.6 (the property) owned by the City and have asked for approval of transfer of the property under the City's Land Credit Program; AND WHEREAS, the applicant has demonstrated that the project is feasible OIùy if the City deeds the property at below market value, the difference being $49,984 (the business subsidy); AND WHEREAS, Eischen Cabinet Company, associated with the applicant, will create two new jobs within two years of occupancy with an average wage of no less than $13.00 an hour and commit to remain in business at the site for five years; AND WHEREAS, the applicant will construct the project with an Assessor's market value of no less than $380,000; AND WHEREAS, the applicant will execute a development and business subsidy agreement with conditions providing that a prorated amount of the business subsidy will be paid to the City if the project is not completed or other subsidy conditions not met; AND WHEREAS, the project serves the public purposes of increasing the tax base, creating new jobs at competitive wages and facilitating the expansion of an existing local business; THEREFORE BE IT RESOLVED, that the project meets the criteria of the City's Business Subsidy Criteria adopted December 20, 1999, and amended March 3,2003; THEREFORE BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the deed, development agreement, business subsidy agreement and amendments thereto, as are necessary to implement the project on behalf ofthe applicant. Council Member made a second to the foregoing Resolution and upon being put to a vote, the following council members voted in favor of said Resolution: Ayes: Nays: Absent: WHEREUPON, the Mayor declared the Resolution to be duly passed. CITY OF HASTINGS By Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee Administrative Assistant/City Clerk CERTIFICATION I, Melanie Mesko Lee, Administrative Assistant/City Clerk, of the City of Hastings hereby certifY that the foregoing Resolution is a true and correct copy ofthe Resolution that was duly adopted at a regular meeting of the City Council of the City of Hastings held July 19, 2004. Melanie Mesko Lee Administrative Assistant/City Clerk SEAL July 6,2004 PURCHASE AND DEVELOPMENT AGREEMENT By and Between CITY OF HASTINGS, MINNESOTA and JAKATA PROPERTIES, INC. Dated: ,2004 This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 Rjd agrrnt/hastings jakata properties TABLE OF CONTENTS Page PREAMBLE ARTICLE I Definitions Section 1.1. Definitions 2 ARTICLE n Representations Section 2.1. Representations by the City Section 2.2. Representations by the Developer 4 4 ARTICLE ill Convevance ofPropertv Section 3.1. Status of Property Section 3.2. Agreement to Sell Section 3.3. Conditions Precedent to Conveyance Section 3.4. Title Section 3.5. Environmental Assessment Section 3.6. Closing Section 3.7. Access to Property Section 3.8. Assessments Section 3.9. Business Subsidy Agreement Section 3.10. City Costs 5 5 6 6 7 7 8 8 10 10 ARTICLE IV Construction of Improvements Section 4.1. Construction ofImprovements 11 (i) Section 4.2. Construction Plans and Site Plan Section 4.3. Commencement and Completion of Construction 11 11 ARTICLE V Insurance Section 5.1. Insurance 12 ARTICLE VI Taxes Section 6.1. Real Property Taxes 14 ARTICLE vn Financinl!: Section 7.1. Mortgage Financing Section 7.2. Limitation on Encumbrance of Property 14 14 ARTICLE vm Prohibitions Al!:ainst Assil!:nment and Transfer: Indemnification Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement Section 8.2. Release and Indemnllication Covenants 14 15 ARTICLE IX Events of Default Section 9.1. Events of Default Defined Section 9.2. Remedies on Default Section 9.3. No Remedy Exclusive 16 16 17 (ü) Section 9.4. No Additional Waiver Implied by One Waiver Section 9.5. Effect ofTennination of Agreement Section 9.6. Costs of Enforcement 17 17 17 ARTICLE X Additional Provisions Section 10.1. Representatives Not Individually Liable Section 10.2. Provisions Not Merged With Deed Section 10.3. Titles of Articles and Sections Section 10.4. Notices and Demands Section 10.5. Disclaimer of Relationships Section 10.6. Modifications Section 10.7. Counterparts Section 10.8. Judicial Interpretation Section 10.9. Severability Section 10.10. Tennination 17 18 18 18 18 18 18 18 18 19 SCHEDULE A SCHEDULE B SCHEDULE C Description of Property Business Subsidy Agreement Resolution No. 07-21-04 (ill) PURCHASE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the day of ,2004, 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 Jakata Properties, Inc., a Minnesota corporation (hereinafter referred to as the "Developer"), having its principal office at 525 Commerce Drive, 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 fÌ'om the City and construct thereon a manufacturing and warehouse building of approximately 11,400 square feet with a market value for real property for tax purposes of $380,000. 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 1Ì'om time to time modified, amended, or supplemented. "Assessments" means the assessments to be levied against the Property pursuant to Section 3.8 ofthis Agreement. "Business Subsidy Agreement" means the agreement in the form of Schedule B to this Agreement to be executed by the City and the Developer pursuant to Section 3.9 of this Agreement as required pursuant to Minnesota Statutes. sections 116J.993 to 116J.995. "City" means the City of Hastings, Minnesota. "Construction Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related docmnents 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 subnñtted 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 Jakata Properties, a Minnesota corporation, its successors and assigns, and any future owners of any interest in the Property. "Event of Default" means an action listed in Section 9.1 of this Agreement. "Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chenñcal waste, radioactive materials, explosives, known carcinogens, petrolemn products and also all dangerous, toxic or hazardous pollutants, contaminates, chenñcals, 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 Superlì.md Act) as amended by the Superlì.md Amendments and Reauthorization Act of 1986 ("SARA") 42 V.S.C. 9601-9675; The Federal Resource Conservation and Recovery Act of 1986 ("RCRA"); the Clean Water Act, 33 V.S.C. 1321, et seq.; the Clean Air Act 42 V.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 manufacturing and warehouse building of approximately 11,400 square feet on the Property in accordance with the Construction Plans. "Job Credit" means the credit to be given to the Developer against the Developer's obligations to pay the Assessments calculated as provided in Section 3.8 of this Agreement. "Mortgage" means any mortgage, lien or other encumbrance made or permitted to be made by the Developer which is secured, in whole or in part, by the Property. "Permitted Encumbrances" means the Assessments: the provisions of this Agreement: reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and other easements which will not adversely affect the development and use of the Property pursuant to the Developer's Construction Plans; building laws, regulations and ordinances consistent with the Improvements; real estate taxes that Developer agrees to payor assume pursuant to this Agreement; restrictions, covenants and easements of record that do not materially adversely affect the development and use of the Improvements; and exceptions to title to the Property which are not objected to by Developer upon examination of the title evidence to be delivered to the Developer pursuant to Section 3.4 of this Agreement. "Property" means the real property described in Schedule A of this Agreement. "State" means the State of Minnesota. "Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen adverse weather conditions, strikes, other labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties 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. ARTICLE II Representations Section 2.1. Representations by the Citv. 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 perfonn its obligations hereunder. (b) The Property is directly accessible to city sewer and water located in the adjacent right-of-way or in a utility easement. (c) To the best of the City's knowledge and belief, at the time of execution by the City of this Agreement, there are no environmental proceedings, applications, ordinances, petitions, court pleadings, resolutions, investigations by public or private agencies, or other matters pending which could prohibit, impede, delay or adversely affect the contemplated use of the Property. (d) To the best of the City's knowledge and belief, no underground storage tanks or Hazardous Substances have been, or pending the conveyance of the Property shall be, installed, used, incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape in, to, or upon the Property. (e) To the best of the City's knowledge and belief, no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances is proposed, threatened, anticipated or in existence with respect to the Property. (t) The Property: (i) consists of approximately .85 acres; (ü) is currently zoned I-I; (ill) 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 bv the Developer. The Developer represents that: (a) The Developer is a Minnesota corporation duly organized and authorized to transact business in the State, is not in violation of any provisions of its articles of incorporation, bylaws or the laws of the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action ofits directors. (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 &om 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 pennits 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 Convevance ofProDertv 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 A~eement to Sell. (a) The City and the Developer agree that the value of the Property in its current improved state is at least $49,985.00. 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 $1.00 and the performance of the Developer's other covenants under this Agreement. The Developer agrees that it will purchase the Property for the purchase price of$I.OO 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. 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; (ü) special use permits, if applicable, (iii) building permits for the Improvements; (iv) driveway permits; (v) roadway access rights and permits; (vi) environmental consents, ifnecessary; (vü) 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 pennanent 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 ITom 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 Encwnbrances. 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 fi:om 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 fonn canceling this Agreement; or (ü) 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 shal1 be borne by the Developer. 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, shall be borne by the Developer. (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; (ü) the exact legal description of boundary lines of the Property; (ill) encroachments from or onto the Property, if any; (iv) location of utility lines and easements of any kind, of record or appearing thereon, if any; (v) assumed bearings used by the surveyor; (vi) direct legal access from a public road to the Property; and (vü) information required by the City for site plan approval and building pennit approval. Section 3.5 Environmental Assessment. The Developer has reviewed and approved the environmental condition of the Property and the surrounding real estate. The Developer agrees that if it closes on the acquisition of the Property it will be purchasing the Property in its current condition and the City shall have no obligations to the Developer with respect to any environmental conditions existing on the Property. Section 3.6 Closing. (a) Closing on the conveyance of the Property to the Developer shall occur on or before ten (10) business days after satisfaction, or waiver, of all of the conditions precedent set forth in Section 3.3 of this Agreement. (b) At closing on conveyance of the Property, the City shall deliver to the Developer: (i) a warranty deed duly executed and acknowledged, in recordable form, conveying to the Developer marketable title to the Property subject only to Permitted Encumbrances; (ü) 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 (ill) 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: 7 (i) (ii) State deed tax; and Conservation fee payable in connection with the conveyance. At closing on the conveyance ofthe Property the Developer will pay the following costs: (i) (ii) (iii) (iv) (v) (vi) The purchase price; The cost of updating title to or continuing the abstract for the property and the cost of obtaining the title insurance commitment and the premium for the policy oftitle insurance; The costs described in Section 3.10; The cost of the Survey described in Section 4.2(b); Recording fees for the deed, this Agreement and any other documents required to be recorded in connection with the conveyance; and Closing costs. Section 3.7 Access to PropertY. During the term oftlùs Agreement, the Developer and its authorized representatives shall be permitted access to the Property at reasonable times for the purpose of architectural inspection and design studies and the taking of such soil borings and tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees and commissioners ITom 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 tlùs 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 $49,984.00. 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 tlùs Agreement constitutes a petition to assess the Property and that no further consent or agreement by the Developer is necessary to levy the Assessments. The Developer further agrees that it will not contest the amount or validity of the Assessments on constitutional, statutory, procedural or other grounds and shall cause any Holder and any transferee of Developer's acquiring an interest in the Property or Improvements to execute an instrument, in a form acceptable to the City, acknowledging the validity of the lien of the Assessments and subjecting the Holder's lien or the transferee's interest to the lien of the Assessments. In addition, the Developer will upon request by the City execute such other documents as the City may from time to time reasonably request to continue the perfection ofthe 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 I, 2009, 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 I, 2009, or the date that the Assessments may be accelerated pursuant to Section 9.2, but if the Developer fai1s to pay any amount that is owed on 1,2009, or on the date that the Assessments are declared due and payable in accordance with Section 9.2, the unpaid balance shall accrue interest from such date until paid at the prime rate of interest in effect on the date the Assessments are due as announced by Wells Fargo Bank Hastings. The amount of the Assessments to be paid by the Developer to the City on I, 2009, 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 2,2009, is $380,000.00 the amount of the Construction Credit available on I, 2009, would be $38,000.00. No Construction Credit shaI1 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. (b) The amount of the Assessments to be paid by the Developer to the City on 1,2009, shall be further reduced by an amount referred to herein as the "Jobs Credit". Prior to closing on the conveyance of the Property to the Developer the Developer shall furnish to the City payroll records in such form as the City may require documenting the wages paid by the Developer in the twelve month period preceding the closing. The City shall detennine such total wage amount for such twelve month period and such amount shall be referred to as the "Existing Payroll". The Jobs Credit shall be equal to the annual payroll, in excess of the Existing Payroll, in the twelve (12) month period immediately preceding the date that the Assessments are due of the Developer's operations on the Property, divided by 27,000, with the result then being multiplied by $5,400.00. For example, if the annual payroll of the Developer for the twelve (12) month period in excess of the Existing Payroll is $54,000.00 the amount of the Jobs Credit «$54,000.00/27,000) x $5,400.00) shall be $10,800.00. For purposes of determining the Developer's annual payroll, only gross wages paid to employees shall be considered. A maximum of $50,000 of the aggregate gross wages paid to all employees who are also owners of any interest in the Developer may be included in the gross wages paid by Developer. Wages paid to employees of tenants of the Developer in the Improvements shall not be considered when calculating the Jobs Credit. Only employees of Eischen Cabinets, an affiliate of the Developer, will be counted. No Jobs Credit shall be available to reduce the Assessments unless the Developer has completed, to the satisfaction of the City, all aspects of the Improvements, including, without limitation, any site improvements shown on the approved (c) 9 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, 2009, 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 (ü) 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 fonn 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. The City acknowledges that the Improvements will be occupied by Eischen Cabinets, an affiliate of the Developer, and agrees that wage and job goals achieved by Eischen Cabinets will be accepted by the City as satisfying the requirements of the Business Subsidy Agreement. Wage and job performance by other tenants that may occupy the Improvements will not be considered as satisfying the Business Subsidy 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. 10 ARTICLE IV Construction of Improvements Section 4.1. Construction ofImprovements. 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 &om 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 confomùty 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 nonnal construction pemùtting 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, confonn 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 October 1, 2004, and shall complete such construction by October 1,2005. 11 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 ftom 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 ofthe Property, have a market value for tax purposes of at least $380,000.00~ 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, ftom 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; (n) Comprehensive general liability insurance in amounts required by the City's code of ordinances; and (ill) 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 ftom 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 tenn "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 ftom time to time at the request of the City, but not more ftequently 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 ftom claims per casualty thereunder to the Improvements to be made payable to the Developer. (ü) 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 (ü) above shall be in fonn 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 ftom 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 2004 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 2003 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 vn Financinl! 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 ProDerty. 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 Al!ainst Assil!nment and Transfer. Indemnification Section 8.1. Prohibition Against Transfer ofProDertv 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 calcuJated in the manner provided in Section 3.8. (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, ITom any of its obligations hereunder. Section 8.2. Release and Indemnification Covenants. (a) The Developer releases ITom 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 hannless 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 ITom any defect in the Improvements. (b) Except for any willful misrepresentation or any willful or wanton nñsconduct 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 hannless ITom any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising ITom 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 tenn "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay real estate taxes or special assessments when due. (b) Failure by the Developer to reconstruct the Improvements when required pursuant to Section 5.1 ofthis Agreement. (c) Failure by the Developer to obtain financing, if required, for construction of the Improvements pursuant to the terÍns and conditions of Section 7.1 of this Agreement. (d) Failure by the Developer to commence and complete construction of the Improvements and any site improvements as shown on the Developer's site and building plans approved by the City Council of the City or specified as conditions of the City's approval (including Resolution No. 07-21-04, Schedule C) 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 perfonn any other covenant, condition, obligation or agreement on its part to be observed or perfonned 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 (ill) admits, in writing, its inability to pay his debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or answer proposing the adjudication of the Developer, as a bankrupt under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements, shall be appointed in any proceeding brought against the Developer and shall not be discharged within sixty (60) days of such appointment, or if the Developer shall consent to or acquiesce in such appointment. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may immediately suspend its performance under this Agreement and may take anyone or more of the 16 following actions after providing thirty (30) days written notice to the Developer of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days: (a) Terminate this Agreement. (b) Declare immediately due and payable the Assessments. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce perfonnance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedv 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 cwnulative 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 onñssion 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 ITom 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 bv 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 perfonnance 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 Addition!!! Provisions Section 10.1. Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of 17 any default or breach or for any amount which may become due to Developer or successor or on any obligations under the terms ofthe Agreement. Section 10.2. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section lOA. 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 525 Commerce Drive, Hastings, MN 55033; and (b) in the case of the City, is addressed to or delivered personally to the City at City Hall, 101 4th Street East, Hastings, Minnesota 55033-1955, or at such other address with respect to either such party as that party may, ITom 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. CountelJ!arts. 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. 18 Section 10.9. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof Section 10.10. Termination. This Agreement shall terminate upon the payment by the Developer of the Assessments determined to be due under this Agreement or upon a determination that no amount of the Assessments are due or upon Developer's satisfaction of all obligations under the Business Subsidy Agreement, whichever is later. Upon such termination, the City shall provide the Developer with a certificate evidencing the termination of this Agreement and the Assessments. The provisions of this Agreement contained in Section 8.2 of this Agreement shall, however, survive such termination with respect to matters arising prior to the date oftennination oftms Agreement. 19 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk JAKATA PROPERTIES By Paul H. Eischen, its By Jacqueline A. Eischen, its STATE OF MINNESOTA) ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me this - day of -, 2004, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me this - day of -, 2004, by Paul H. Eischen and Jacqueline A. Eischen, the and of Jakata Properties, a Minnesota corporation, on behalf of the corporation. Notary Public 20 SCHEDULE A Description of Property Lot 3, Block 1, 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 JAKATA PROPERTIES Dated: This document was drafted by: BRADLEY & DEIKE, P. A. 4018 West 65th Street, Suite 100 Edina, MN 55435 Telephone: (952) 926-5337 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made on or as of the day of ,2002, 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 Jakata Properties, a Minnesota corporation (hereinafter referred to as the "Developer"), having its principal office at 525 Commerce Drive, Hastings, Minnesota 55033. WITNESSETH: WHEREAS, the Developer and the Authority have entered into a Purchase and Development Agreement dated as of , 2004, (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 1161.993 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 1161.995. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears ITom the context: "Act" means Minnesota Statutes. Sections 116J.993-.995. "Agreement" means this Agreement, as the same may be ITom time to time modified, amended, or supplemented. "Benefit Date" means the earlier of: (i) the date that the Improvements are completed; or (ü) the date that the Improvements are first occupied by the Developer or Eischen Properties. "City" means the City of Hastings, Minnesota. "Contract" means the Purchase and Development Agreement between the City and the Developer dated as of , 2004. "Developer" means Jakata Properties, a Minnesota corporation, or its successors and assigns, or any future owners ofthe 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 $49,984.00, 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 Walle 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 Exln1>it A. Section 2.2. RepOrts. The Developer must submit to the City a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February I, 2005 and continuing until the later of (i) the date the goals stated Section 2.1 are met; (n) 30 days after expiration of the five-year period descn"bed in Section 2.3; or (ill) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.2. The report must comply with Section I 16J.994, subdivision 7 of the Business Subsidy Act. The City will provide infonnation to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the City will mail the Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the City a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000: Section 2.3. Continuing Obligation. The Developer agrees that it will continuously operate the Improvements for the purposes described in the Contract for a period of at least five (5) years from the Benefit Date. Section 2.4. Required Provisions. The following provisions are required by the Act: 2 (a) By providing the Subsidy to the Developer the City is seeking to accomplish the public purposes of encouraging the development of property that is currently underutilized, expanding the tax base of the City and State and creating new job opportunities within the City at competitive wages. (b) The City has determined that the Subsidy is necessary because the Developer is unable to pay the full market value of the Property and still construct the Improvements of the size and quality proposed. By reducing the ITont 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 ITom 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 tenn 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 ITom the City a "pro rata share" of the Subsidy and interest on the Subsidy at the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the bureau of economic analysis of the United States Department of commerce for the 12 month period ending March 31 of the year prior to the year in which the payment ITom the Developer is due accruing ITom the Benefit Date. The tenn "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 perfonnance 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 tenns ofthe 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 Intemretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall not apply a presumption that the tenns 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 tenns of the Act, the tenns of the Act shall govem 4 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk JAKATA PROPERTIES By Paul H. Eischen, its By Jacqueline A. Eischen, its STATE OF MINNESOTA) ) COUNTY OF ) SS. The foregoing instrument was acknowledged before me this - day of ~ 2004, by Michael D. Werner, and Melanie Mesko Lee, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public STATE OF MINNESOTA) COUNTY OF ) ) SS. The foregoing instrument was acknowledged before me this - day of ~ 2004, by Paul H. Eischen and Jacqueline A. Eischen, the and of Jakata Properties, a Minnesota corporation, on behalf ofthe corporation. 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 an average wage of not less than $13.00 per hour. Schedule C HASTINGS CITY COUNCIL RESOLUTION NO. 07-..11.-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN FOR EISCHEN CABINETS TO CONSTRUCT A BUILDING AT 625 COMMERCE DRIVE, HASTINGS, MINNESOTA Council member and moved its adoption: WHEREAS, Eischen Cabinets, who have an approved land sale with the City of Hastings for property located at 625 Commerce Drive, have requested approval to construct a +/- 11,400 s.f. warehouse building on property legally described as Lot 3, Block 1, HASTINGS INDUSTRIAL PARK NO.6, Dakota County, Minnesota; and Hicks introduced the following Resolution WHEREAS, on June 28, 2004, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the Planning Commission recommended approval of the Site Plan subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby concurs with the Planning Commission and approves the site plan request subject to the following conditions: 1) Adherence to the Site Plan, Landscape Plan, and Architectural Elevations as presented to the City Council. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate eiOsion piOblems, 2) 3) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance, 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. . That a brick (or other Class 1 material) wainscoting 3' in height be added along the front portion of the building from the brick veneer column on the west side to the brick c.2J!lmn on the east side. All rooftop equipment shall be screened by a parapet wall from areas facing a public right-of-way, and painted to match the building elsewhere. All parking and drive aisle areas shall be constructed to city standard~ding concrete curb and bituminous surfacing. The sizes, species, and. method of installation for all landscaping must be identified. All landscaped areas must be irrigated. A photometric plan for any parking lot lighting must be submitted for approval by the Planning Director prior to installation. Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance ef a certificate of occupancy, Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. Any future construction of a covered walkway between the buildings must be reviewed and approved by the Planning Director for architectural compatibjJjty prior to the issuance of a building permit. . Any sign age on the site is required to obtain a sign penmit from the Planning Department prior to being erected on site. Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void Council member Riveness moved a second to this resolution and upon being put to a vote adopted by -L present. Ayes: ~ci1.nanber Hazlet, Hicks, Riveness, Schultz, Moratzka & Mayor Werner Nays: None Absent: ~lmember Yandrasits ATTEST: ~ÚJ~pit?¡f~ Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, CoUnty of Dakota, Minnesota, on the 18th day of ~~~~' ,"oon!s ofthe C"" of Hasti"", 00 nl. and of "'00", " Melanie Mes 0 ee Administrative Assistant/City Clerk ~ Michael D. Werner, Mayor (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th 51. East Hastings, MN 55033 VIII-B-2 Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - July 19, 2004 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: July 19, 2004 Subject: Schoolhouse Square Sign Variance. #2004-38 to allow projecting signs in the C-3 District and to exceed the 5% limit on wall signage by use of the projecting signs. REQUEST Camegaran, LLC is seeking a variance to the si~n ordinance for the Schoohouse Square Development currently under construction at 10t St E and Vermillion St. They would like to use projecting signs at the development, and the addition of the projecting signs would cause them to exceed the 5% of wall signage currently allowed in the C-3 District. These variances only apply to the building housing Green Mill and Dunn Bros. Coffee. Any requests for projecting signs on future buildings within this development would also require variances from the City. Staff Review Staff has reviewed this request for compliance with the variance criteria stated earlier in this report. Staff can make the case for the allowance of projecting signs using criteria A- that special circumstances exist which are peculiar to the building. Extra measures have been taken with the building's design to mimic historic structures, which is not typically seen in the C-3 zoning district. When it comes to allowing additional signage, however, the issue is less clear. RECOMMENDATION The Planning Commission reviewed these variances at their July 12, 2004 meeting, and recommended approval of the following: . Voted 6-1 to recommend approval of the use of projecting signs at Schoolhouse Square, based on variance criteria A, which is listed below. The Commission also included a condition that any projecting signs on the building could not be back-lit signs. Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - July 19, 2004 Page 2 . 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. Voted 5-2 to recommend approval of allowing the west side of the building to exceed 5% signage, up to a maximum of 6%, using criteria A & D. 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. 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. D. A. ATTACHMENTS Arbor Lakes Sign Criteria Wall Area/Sign Area calculations Color Renderings (Council Only) Application BACKGROUND INFORMATION Zoning Classification The subject property is zoned C-3, Community Regional Commerce. Existing Condition There are currently no signs on the building. Sign Allowances The following wall signage would be allowed under the current sign ordinance: C-3 District Requirements - The property is zoned C-3 and subject to the following requirements: a) C-3 District: (2) Multiple Occupant Buildinq (b) Occupant Identification. Sign area may not exceed five (5) percent of the building façade on which the sign is erected, or forty (40) square feet, whichever is greater. For purposes of Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo -July 19, 2004 Page 3 Downtown - East 2nd Street Historic District Requirements - Although the property is not within this district, the applicant contends the architectural appearance of the buildings is consistent with the district: Projecting signs - one that is affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit - are only allowed within the East 2nd Street Historic District. Below are the criteria for projecting signs within the Historic District: (a) Projecting signs are permitted within the East 2nd Street Historic District upon approval of the Heritage Preservation Commission. The signs must conform with the following: (i) Minimum height above grade is eight (8) feet. Maximum height above grade is 11' for the sign, and 12' for the bracket. Sign may not project more than two and one-half (2.5) feet from the face of the building. Total sign face may not exceed six (6) square feet. Materials must be wood and/or metal. Plastic signs are not permitted. Projecting signs may not be lit, internally or externally. Plans must be submitted to show how the sign will be anchored to the building and masonry. Only one projecting sign permitted per business or building. Signs must be advertising a specific business name, not a generic product. (ii) (iii) (iv) (v) (vi) (vii) (viii) calculating area, the building itself shall be used. The building façade of the leasehold shall not include the area of any canopy. Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. 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. B. Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - July 19, 2004 Page 4 C. That the special conditions and circumstances do not result from actions of the applicant. 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. D. REVIEW OF THE CONDITIONS Enclosed with this memo are color renderings of showing generally what the applicant is requesting for this site. Pat Regan of Camegaran has stated that the wall signage on the site will conform to the 5% limitation set forth by Code. Review of Requested Variances Variance #1) To permit projecting signs within the C-3 District. Variance #2) To exceed the 5% wall signage allowed within the C-3 District thru the use of projecting signs. The City Council, will have to decide if they are willing to allow the use of projecting signs on this site, and if so, can the development exceed the 5% wall area limit. Existing Circumstances The first commercial building at Schoolhouse Square has been under construction for several months now. This building will house a Green Mill restaurant, a Dunn Brothers Coffee House, and several other retail spaces. Mr. Regan's intent with this development was to replicate the historic downtown of Hastings with a historic building design and the use of brick around the entire perimeter of the building. Mr. Regan has indicated that he would like the signage on this site to copy the signage at Arbor Lakes Main Street in Maple Grove. If you're unfamiliar with the development, Arbor Lakes Main Street is the creation of a 3 block long 'downtown' in Maple Grove. The buildings sit close to the street and parking is either behind the buildings oron other blocks altogether. Staff contacted the Planning Department to get additional information on how the signage was determined for that site. Maple Grove permits Planned Unit Developments (PUD) in commercial areas as well as residential ones. This allowed the development to submit a 'sign package' for the site to the City for review and approval. Enclosed is the Arbor Lakes Sign Criteria that is used to guide signage on the Main Street development. There are no size limits on the signs listed, but there are style guidelines for how the signs should look. Another area that has similar signage is Grand Avønue in St. Paul. Mr. Regan brought Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo -July 19, 2004 Page 5 pictures to the Planning Commission as examples. and those pictures are included in your packet. Mr. Regan gave the Planning Commission four criteria that he feels the Green Mill/Dunn Bros. building meets that sets this building apart from others in the C-3 zoning district. They are: . 100% brick construction . All four sides 'finished' - no 'back side'. . Distinctive historic design on a new building. . All required parking met on-site - no on street parking allowed. FROt1 'CITY OF t1RPLE GRO~'E CßED 612 494 6425 2004,07-07 ,09'38 "971 P. 02/02 ARBOR LAKES SIGN CRITERIA Based On October 1998 Design Framework January 7,1999 Area ldentüication Signs As shown on concept drawings. Main Street Signage Wall Signs 1. ~ - 2 per building facade on each facade outlined on the Arbor Lakes Dcsign Framework drawing labeled "Commmúty Retail Wall Signage". 2. Size - shall not encroach within 8" of the sign area perimeter. 3. J:.&£MiQn - 4 walls as shown on the Arbor Lakes Design Framework drawing labeled "Community Retail Wall Signage". . 4. Style - 8) individually mounted letters encouraged. b) painted signs with exterior lighting allowed. c) awning signs with 6 to 8" letters allowed. '_/ d) 1 panel sign mounted perpendicular to building facade REQUJRED. e) internally illuminated panel signs discouraged. Community Retail Signs Wall~ 1. Size -10% offacade. 2. Location - all walls tàcing major roadways or parking lots as shown on the Arbor Lakes Design Framework drawing labeled "Community Retail Wall Signage". Signs T\lay be placed on building face, canopy, marquee or awning. 3. StYle - individually illuminated channel letters ONLY per Jay Scott of Opus. Freestanding ~ In first phase of developmeJ::\t monument signs are prohibited. Prohibition is stated in retailers lease agreement. See Jay Scott's letter dated February 25, 1999. '-.."....,- pnckngc"'^,bor L&I<c, Oct 1~9Y f"'m<w"..~ Sign C,¡'orio.úoc ~ ""~ "" ~ ~ ~ ~ ~ ~ ~ ~ ~ " " - 1J, "" ~ 0 ~ 0 ! ~ ~ ~ ! i g " ~ ~ ~ &~ c- ~~ I '" .,; ~ :g ¡;¡ ~ 0 5- '" ( ) :J ~ Õ 0 ~ ( ) 0> 0 §, <;; 't; ~ '0 ( ) ëJ Q, ~ ø.. ,,- Ox iii.. ~ ~ ~ I¡' ~ ~ ~ ~ 1J, "" ~ i i I / = 0 , ~ ~ ~í I i i ! \ \ \- 4- ~ ~ ~'8 ~ ~ ::. g I õ 0 ~ ( ) g> CO ¥l ~ '0 ( ) ., 0 Q, ~ ø~ g; ~:. ~ ,p. - '" ~S ~~ I' '" t'l rJ","1;C\ "'":¡: m ~'" ,,-;; ,,- i!, '" $ .~ ~ ~ ~ ~ € 11 '¡¡ ~ '§ ¡; '§ I? I? I? 1\~ Ox æ", ~~ o. ~E '" .; 0: ¡:¡ øf<' g::- "-0 81;:. " ""~ ":.- ¿;¡ $ ~ :~ ¡! ~ ; ~ ~ ~ ~ ~ ~ ~ g '¡¡ ";¡ '§ ¡; '§ I? I? I? 4- Q ~ 'it- "33 ",) ~ Ii Ô .,.. -& D i5 i '" @ tJ => ~ ( '3 ~ õ 0 ~ ( 0> tJ c: Ü) ¡;; ,¡:; ~ 'Q ( ., 0 Q ~ ? .. II !". .. tii .. <C 0 1/1 J- to ."~ ~ & ,¡¡ ~ :\5 ~ ~ z 0 5 > UI oJ UI l- 1=1 I " ,. ! ,. ¡jj ... <C fJ III z 0 ~ III ., III :r: þo ::) 0 (/) I ~ -ð ..~ ~& ¡jj ~=S IIIQL z 0 ~ > III ., III :z: l- II: 0 Z JUL-l:J(-¿l:Jl:J4 w;¿:> Í"'.I<I¿ LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480,2350 Fax: 651.437.7082 Address 01 Properly: ')07/ ~ I '1 tft~ þ.; /1/0 'n 5;: r-' C J,/JJ7:r- ~,,-,k,,/J.,.oÅl.€ 7¿,.",.r-.¿ ~ "- 1lcØ..f'J (JP,\ Legal Description of Properly: Applicant: Name Address Phone Fax Email (7<;..""e.J<2r-ß...... LLI:. ljz...'l.f. 'J¡r)S{ ;Ì4¡1 "".; v Owner (If different Irom Applicant): Name Acldress Phone Fax Email J1:tJ' Check applicable box(es): S' Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Note: All fees and escrow amounts due at time of application. $600 § $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 En9ineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: . "0" 5,000 5.1.: $1500 (Engineering) - 5,000 - 10,000 s.f.: $2500 ($500 Planning + $2000 Engineering) - 10.000 - 50.000 5.1.: $3250 ($750 Planning + $2500 Engineering) - 50,000 5.1. +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Applicant Name and TItle - Please Print Owner Name - Please Print 2>-- . / ~.'" "'\. A I /J /0. ("'/ut C/. /<:I!j'a." /N?/'~~ C<?Jt.>e.l"v'c:,"'t ¿...G--ë. v 0 Official Use Only File # zoo+ - ~ Fee Paid 4/23/2003 Rec'd By: Receipt # \ . to Date Rec'd 1- 112-104- App. Complete TOTAL P. 02 VIII-B-3 Variance - 1947 Ridge Lane City Council Memo - July 19, 2004 Page 1 Memo To: Mayor Werner and City Council From: Courtney Wiekert, Planning Intern Date: July 19, 2004 Subject: Resolution - LeRoy Finke - Variance #2004-35 to vary from the side yard setback and to enlarge a non-conforming structure to construct a garage addition at 1947 Ridge Lane. REQUEST LeRoy Finke seeks a 6.5' variance to the 10' side yard setback requirement as well as a variance to enlarge a non-conforming structure (garage) at 1947 Ridge Lane. RECOMMENDATION The Planning Commission voted 7-0 to recommend approval of the variance to vary from the side yard setback and to enlarge a non-conforming structure to construct a garage addition at the July 12, 2004 Meeting. The Commissioners granted the variance based on the following criteria: 1) 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. 2) That the special conditions and circumstances do not result from actions of the applicant. There was limited discussion on the construction ofthe garage. The Commissioners asked if the tree was completely located in the applicant's yard or shared with the neighbor. They also asked for clarification on the concern of the neighbor north to their property. Mr. Finke clarified that the tree is completely in his yard and he has spoken to the neighbor and they had no issues with the garage addition. Variance - 1947 Ridge Lane City Council Memo - July 19, 2004 Page 2 ATTACHMENTS . Location Map . Site Plan . Application BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated U-I - Urban Residential. Zoning Classification The subject property is zoned R-1 -Low Density Residential. Garages are a permitted use in the R-1 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existina Use Zonina Comp Plan U-I - Urb Res. U-I - Urb Res. U-I - Urb Res. North East South West Single Family HomeR-1 -Low Dens Res. Single Family HomeR-1 -Low Dens Res. Single Family HomeR-1 - Low Dens Res. Ridge Lane Single Family HomeR-1 - Low Dens Res. U-I - Urb Res. Existing Condition The proposed site is level - there are shrubs and a coniferous tree that will need to be removed to construct the addition. VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for structures in the R-1 District are: Area Setback Front 20' Side 5' Rear 20' Variance - 1947 Ridge Lane City Council Memo - July 19, 2004 Page 3 Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring 18fiQa.&l¡.uctures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. Mrs. Finke also stated that she spoke with the adjacent neighbors on the north side of their property, and she indicated that they had no problems with the request. RECOMMENDED ACTION A motion to recommend approval of the variances for 1947 Ridge Lane to construct a garage addition to the City Council with the following conditions: 1) A building permit is required prior to construction of the addition. 2) The soffit on the north side of the garage must meet building code setback requirements and may need to be fire rated. The addition and existing portion may need to be fire rated to building code requirements. A determination of this will be done during the building permit review process. Variance - 1947 Ridge Lane City Council Memo - July 19, 2004 Page 4 3) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. (þ C(I)O -J~æ (þ c.- C).- ... -CLLCU .- ~> 0::0(1) to- 0:: C) 'IIIt(l)CU (Ð..J'" .... CU C) "'C:!J, <IJ c: .5~Q¡ Q) ;g..e 0) ffi Ii 8'. Q) ~ 0 ~ Z.~ i ~ ~ ~ ü5 -O( )C m CI.Q 8.e!;g otO-o ò:C)« RiDGE Lt~ , , ~ ...............-................, ,..................................................................................... ........................". ,......................................... ill SITE MAP PROPERTY AODRESS, 1947 RIDGE LANE HASTINGS MN 55033 LAND, BUILOING, TOTAL' SCHOOL OISTRICT, ".100 144.100 193.200 200 LOT SIZE (EXCLUDES ROAD EASEMENTS) 10.750 sa FT 0.25 ACRES 2004 BUILOING INFORMATION (PAYABLE 20OS), TYPE S.FAM.RES YEAR BUILT 1965 ARCH/STYLE aNE STORY FOUNDATION sa FT 1169 FINISHED so FT '996 BEDROOMS 3 BATHS ,., FRAME WOOD GARAGE so FT 615 OTHER GARAGE MISC BLDG PROPERTY 10 NUMBER, '9-"300.120"3 LEROYW JR' BEVERLY FINKE 1947 RIOGE LN HASTINGS MN 55033-3341 2004 ESTIMATEO MARKET VALUES (PAYABLE 200') LOCATION, SE1I4 NW1I4 SECTION 33-11$.17 PAYABLE 2004 TAXES NETTAX, 2,047.20 SPECIAL ASSESSMENTS, 0.00 TOTAL TAX & SA, 2.047.20 PAYABLE 2005 HOMESTEAD STATUS, FULL HOMESTEAD WATERSHED DISTRICT, VERMILLION RIVER PAYABLE 2005 ASMNT USAGE,RESIOENTIAL LAST QUALlFIEO SALE, OATE, 10/1990 AMOUNT' 95.000 NOTE, Dimon",", """"'ed 10 nee.... fool PLATNAM", COUNTRY CLUB TAX DESCRIPTION, 1Z 3 N I Copyngh' 2004, Dakota COYnly - Th;sdnIWIn. Isnellh...alogally..-edmapn"a...Mlyand IS not Intonded 10 be used as one. This dnlWlng Is a compjlati'" ot "-s. Information and data localed In "','"s dly. co""ly. and slale offices and olh... sou",",. affecting tho a",a shown. and IS 10 be "ed f" ",f.,enœ p"p"'as only. Dakota COYnly 15 noI...ponsl~e for any lna=nod.. he1eln contained. . dlsc",..nd.. "e found. please ""'tact Dakota Counly S""", and land Information Department Map Dal., J,ly" 2004 Pon:e" Updated, 611/2004 Ae'al Photog"ph~ '999 [I ~ "I" ~ If t! ~ in - ft ft i ~ i . I ~ ~ ~ ~ = .r 1 ~ ~z~ . i¡~ = .. i = ¡:ï;S " ~~ II¡ i ~ ~ a: ~t; !. IU ¡ . ~ ~';:¡ , ,,~ '-\\. ~'<:: ~..;: ~ 'if ';¿àJ4 -?~- LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: \ <\ ,*'1 Q'DGé LA Né Legal Description of Property: 11)«, NT1>-,-( G...u & ~-r- 3 BLoc\<- (~ Applicant: Name Address Phone Fax Email L.Eô [<0'< Í:--' NKE- \ 'l.4- Î f< , Dr-.r- LA I\J E +41'1:51'1 r-.\(:; S "'51 '+ 3 Î -¡ I 'fS- Owner (If different from Applicant): Name SA~ E.. Address Phone Fax Email Description of Request (include site pian, survey, and/or plat if applicable): IiVD IT"" '" --ro NbN-CDNF'C)IZ-"","-J(;¡ GA"'-f'éi€., FRoM NeJl'2-,¡'¡ L",."'- W,,-¡E, 3,5" TO 't.O ' Check applicable box(es): Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Note: Ail fees and escrow amounts due at time of application. $600 ~ $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 pius escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 5.1.: $1500 (Engineering) - 5,000 - 10,000 s.f.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.l.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Date Signature of Owner Date " - 28 - 0 l( $!'<"",c=:... Applicant ame and Title - Please Print Owner Name - Please Print lE.kOL( h Ní<:e. KO"\evw II.) £f2.... Official Use Only File # ~-'~ S- Fee Paid : ' I 4/2312003 Rec'd By: ~ Receipt # ~ 61 aY/rJ<.f Date Rec'd App. Complete HASTINGS CITY COUNCIL RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE FOR LEROY FINKE TO EXPAND A NON- CONFORMING GARAGE AT 1947 RIDGE LANE Council member its adoption: introduced the following Resolution and moved WHEREAS, LeRoy Finke has petitioned to vary 6.5 feet from the 10 foot minimum side yard setback requirement of the R-1 Zoning District as regulated under Section 10.26, District Lot Regulations of the City Code to expand an existing non-confonning structure located 1947 Ridge Lane. WHEREAS, on July 12, 2004, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission detennined that the following hardship criteria exists to justify granting the variance: 1) The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the tenus of Chapter 10. 2) That the special conditions and circumstances do not result from actions of the applicant. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby concurs with the recommendation of the Planning Commission and approves the variance request of LeRoy Finke as presented to the City Council subject to the following conditions: 1) A building pennit is required prior to construction of the addition. 2) The soffit on the north side of the garage must meet building code setback requirements and may need to be fire rated. The addition and existing portion may need to be fire rated to building code requirements. A determination of this will be done during the building permit review process. 3) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City. Council approval, the approval is null and void. Council member being put to a vote it was unanimously adopted by moved a second to this resolution and upon present. Ayes: - Nays: - Absent: - ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th day of July, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th St. East Hastings, MN 55033 VIII-B-4 Site Plan - Riverwood 7th Addition City Council Memo - July 19, 2004 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: July 19, 2004 MW Johnson - Site Plan Review #2004-23 - Riverwood 7th Addition Townhomes - 36th Street Subject: REQUEST MW Johnson seeks Site Plan Approval for the following town home units as part of RIVERWOOD 7TH ADDITION: Lots 1-15, Block 4, RIVERWOOD 7TH ADDITION The City Council authorized Final Plat approval of RIVERWOOD 7TH ADDITION on September 3,2002, subject to site plan approval for all buildings containing three or more units. HISTORY MW Johnson originally submitted plans in early April, to which Staff provided comments that the units were too monotonous and suggested that the applicant provide some differentiation of the units. MW Johnson then submitted revised drawings which the Planning Commission reviewed at the May 10th meeting. The Planning Commission tabled the item and directed MW Johnson to enhance the architecture and exterior elevations of the units. MW Johnson submitted revised building elevations for the June 28th meeting. Staff has reviewed the submittal at that time and noted the following revisions: 1) Increased use of differing siding materials and colors. 2) Addition of hipped roofs over garages on some units. 3) Use of "clipped" roof ends on two of the four-unit buildings. Staff felts that the changes submitted for the June 28th meeting did not accomplish the directive set forth by the Planning Commission. The Planning Commission voted 5-1 at the June 28th meeting to recommend denial of the site plan. The reason for denial was that the modifications made to the buildings were still Site Plan - Riverwood 7th Addition City Council Memo - July 19, 2004 Page 2 not sufficient enough to break up the monotony of the buildings. The applicant requested that the item go before the City Council on the July 19th meeting. On July 13th, modified building elevations were received. Staff has reviewed the elevations and feels that progress has been made; however, the Planning Commission has not reviewed the recently submitted plans. Included with this memo are the most recent elevation plans (City Council will have 11x17 size color drawings), as well as the elevations submitted for previous meetings. RECOMMENDATION City Council has several options before them regarding this site plan - approve, deny, table, or send the item back to the Planning Commission so they may review the newest elevations. BACKGROUND INFORMATION Comprehensive Plan Classification The Plan is consistent with the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). Zoning Classification The Plan is consistent with the Zoning Ordinance. The property is zoned R-3 - Medium High Density Residence. The applicant proposes to develop the property as a Planned Residential Development to allow for clustering of units and preservation of open space. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existina Use North 36m Street Future Townhomes Future Townhomes Future Townhomes Village Trail Future Townhomes Zonina Comp Plan East South West R-3- Med-High Res. R-3- Med\High Res. R-3- Med\High Res. R-3- Med\High Res. U-II (4-8 units) U-II (4-8 units) U-II (4-8 units) U-II (4-8 units) Existing Condition The existing site is relatively flat and treeless. Proposed Condition Three four unit buildings to be built on the south side of 36th Street. Site Plan - Riverwood 7'h Addition City Council Memo - July 19, 2004 Page 3 SITE PLAN REVIEW Proposed Building Setbacks Proposed building setbacks are acceptable. All units have been platted as lots that incorporate the unit and land in the front and rear yard. Parking Parking is acceptable. All units will have a two stall garage, plus a driveway capable of parking two additional vehicles, and a turnaround to allow vehicles to pull out onto 36th Street rather than having to back out. Landscaping A landscape plan has been submitted for this area. The plan provides a mixture of deciduous shade trees, interspersed with coniferous plantings. Shrubs are planned for along the walkway to the front door. Boulevard trees have been included are acceptable. 1) An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. 2) All landscaped areas must be irrigated, Fencing and Walls No fencing or walls are included. Architectural Elevations & Floorplan "The Nordic" plan has approximately 1500 square feet with three bedrooms and a two car garage. Staff visited existing MW Johnson constructed townhomes along 35th Street in the South Oaks Addition. Modifications have been made on the building elevation plans to try and differentiate the units, such as addition of brick on some of the garage fronts, as well as peaked roof cantilevers on the rear of the homes. Shake siding is shown on varying parts of the units including above garages, on the sides of the buildings in the peaks, and around front windows. However, Staff noted upon visiting the existing buildings that it is difficult to differentiate the shake siding from the lap siding because they are the same color. Staff suggested the following modifications: A. Greater staggering of garages and units to provide visual relief, especially from the street view. Variations in rooflines. Peaks could be added above the front windows/doors on some of the units, and varying roof styles could be used overthe garages to break up the streetscape. B. Site Plan - Riverwood 7'h Addition City Council Memo -July 19, 2004 Page 4 Variations in materials used on buildings. The shakes are a differing element, but need to be used in a different color than the siding for the differentiation to be noticed. Grading, Drainage, Erosion Control, and Utility Plan The Grading, Drainage, Erosion Control, and Utility Plans were all reviewed and approved as part of the Preliminary Plat of Riverwood 7'h Addition. Certificates of Survey will be reviewed and approved as a part of the building permit process. 2) 3) 4) C. RECOMMENDATION Should the City Council wish to approve the site plan, it should be subject to the following conditions: 1) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. All landscaped areas must be irrigated. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. Driveways must be separated by a minimum 3' wide landscape area and include a turnaround. Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 5) 6) ATTACHMENTS . Location Map . Riverwood 7th Add. Final Plat . Landscape Plan . Building Elevations & Floor Plans . Application ~ ;CJ)C "'S;O "CCJ)U) 0 D::: r:: Oc.s:: ~ CO 0 s:::-""') ~c..~ ,- CJ):æE D::::: en ~ ~ !z*" ;, ;?; co :2 ::~~.I c:. z 0 I- 0 0 « :r: I- " 0 0 0 3 0::: W > 0::: ~~~ ~ w V1 ~ . - . œ"" ...- ,----. .,"..,....-.~-- Ii .', ¡!i I!¡ i¡¡¡ ; ii" il'! I I'il ïlh . '. .,:¡ '~""',III,',!I' I;', !;!; 1\.: ! ""~ 1'1' ¡'¡Ii.! : ¡ !¡i I':¡ Ii, .¡,. " . 1¡ L , ~ ~.,~,j w ¡¡::Š.', ~ 8"'.~' , <; ,,~~~: : ~ ...t1~~! ' « >: .;, ~ . Vi ~~~,;¡ , ¡;¡;:¡n s ¡¡ ~' . ~ p .., ¡- Ii. .; /" . ~ I, s II ! ! "I I,! Ii¡ U! p- qlii ¡ Ii I .'¡' .,~ .,~.i, M ¡¡n¡'ii q',! i" L!! ;¡i - - -;;"-;-,;;:-;a,¡' ----'1"." [~ J~ I I I IIIHr. 111111 ¡IIIIII ! 11111 I I I I I~ i~ II I~ I [ I I ! IHH III!! ì J I ! I¡¡II ; ¡! II J ¡ : ~~~~ , , I! ! i . I I ¡ J Iii I H ; P II 11 . i It ¡ : : ~ 017 î I ;i t 1 H " . ¡ , '., ,! ,> !~. !J. i :" 11 11> ;¡ ~;1!'1 ~; ,1 !'î!!~ ;¡, '!'I-I.'i'i,,'; jf~ j' i;j,!j~hi:l¡ i!! ¡~';~¡:!I;'¡H!t 'I¡ r ¡ t. t ¡ i '! I t. ¡" '. :'¡I í ¡ ~ I ! ¡. !. I ¡I ,I t ' !¡¡¡'!.d'dj!~'1¡~r,¡ I' . , , " c' . ¡f - ¡ 'jl¡j';!¡Ji;lhd.-¡.Á. I ! !.<. I h ¡ ,! ~¡ I. ¡. i. Ilq!l""¡i,j'¡'tit '!i.l'. '¡.Ii" ¡i!"!,; .hP¡Jf¡'i!f:; ¡ I¡,ld ~ '¡I' I , ;, ¡ ! ¡. J! . " 'l I'! ! ~ ~~!H :1 ~ II ~! a! ¡ H l¡ ,! 1 ì ~j'¡;'I¡' ¡!n'!!1!ll'!l!1. ~!h'lJu,""" '" ~ U D -' <Q ~ I---¡-:=:--I ids i r ~ I f- Z W ::¡: W '" '" w >- !::: -.J ;:: ;:¡ '" w CJ '" Z ~ '" q :::: . . ~. ~h¡; '" ~~H ~ j~æ~ Æ~rj I- W W J: (/) ~ : : : ¡ ¡! ¡ ! . i ! ! I ! ! ""h 0" . m. ~ 1i ~ j¡ ! ~.¡j ~ ï ~ ! !! ~ ~~ Ig I,!! . 2 I'!\ i j .ii: , I!il~ L ~I . ~ ~ ~ ~ . ~ Œ . :¡ u ~ ~g h ~ \ :!¡ \-t î* :t~ a~ 6~ ~;. ~~ %~ ,,0; '0 VJ 0 I Z !;:'¡¡ ~ ~'" <C 'I ~::::- ~ ~~ d :<V\ ri i;~ ~3~ ~lS' Q.. ~ ) ~&- -:I: 4 0 ~2 - 01. ~ W - ") ~ J c!loL ~~r ~li Æ~~ C\J¡ =I;:~ C) c:~ .- () -OJ .- ~ ::J:» C()ß2 ~~r ;,~~ ~ ~~~ 1 ftlt'- it: .., <J uO° <: 0 - 2 ~ ~ - ":) .& - &0£ N)] 'ð ~.~lr ~~g 0.... i C' V1 (ù cA Q - aV) 'J 0 - 3 "j Q! V'\ Iù ..J.. !) \oJ - <t ale!) ~~f ~.i t ~~)% - ~ ~ i\: t\) . 4. t. œ 1- c- L.J 'J {) J ~ ') O! 2 ~ ~ ~ Us c ~ N it- -N L:;:) ~ œ '"'E L ~ 0 > ~ ') (¥.. * ;:; =s ;1 ~ k § ~ ~ ~ M t <l 10, CD t C- LJ S j ~ <) C¥ ~ ~ ~ ~ 2 ~ ~ ~ ~ ~ APR-12-2004 15: 48 Applicant: Name Address P.02/05 LAND USE APPLICATION #;¿w LI-I 1 s~ ot \5D\oc~Y Phone Fax Email Description of Request (include site pian, survey. and/or plat if apPlicable): Cheçk applicable box(es): Final Pilit Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAl-: Note: All fees and escrow amounts due at time of application. $600 ~ $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: . Under 10 acres: $3000 ($500 Planning + $2500 Engineering) "Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 8.1.: $1500 (Engineering) . 5,000 . 10,0008.1.: $2500 ($500 Planning + $2000 Engineering) . , 0,000" 50,000 s.f.: $3250 ($750 Planning + $2500 Engineerin9) - 50,000 s.l. ...: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Signature 01 Owner Rec'd By; ~ Receipt # Date Applicant Name a d Title - Please Print Owner Name - Please Print ---..I1.nl. / ~n/-.\ I '~Art ., /.",/m:1-- ~~(rþ-ILJ fill. I.J:.JÓ < t1-^- ( ..&>.Æ; r. Official Use ~y File II a.;tJL/.~Lq Fee Paid Date Rec'd App. Complete /" r (lÚ¡I'1Ptej.¿ It '1líS/O4 412312005 VIII-B-5 Site Plan - South Oaks 2nd Addition City Council Memo - July 19, 2004 Page 1 Memo To: From: Date: Subject: Mayor Werner and City Council Kris Jenson, Associate Planner July 19, 2004 MW Johnson - Site Plan Review #2004-24 - South Oaks 2nd Addition Townhomes - Century Drive REQUEST MW Johnson and Greg Jablonske seek Site Plan Approval for the following townhome units as part of SOUTH OAKS 2ND ADDITION: Lots 1-14, Block 6. SOUTH OAKS 2ND ADDITION The City Council reauthorized Final Plat approval of SOUTH OAKS 2ND ADDITION on February 17. 2004, subject to site plan approval for all buildings containing three or more units. The plat has been released for recording. HISTORY MW Johnson originally submitted plans in early April, to which Staff provided comments that the units were too monotonous and suggested that the applicant provide some differentiation of the units. MW Johnson then submitted revised drawings which the Planning Commission reviewed at the May 10th meeting. The Planning Commission tabled the item and directed MW Johnson to enhance the architecture and exterior elevations of the units. MW Johnson submitted revised building elevations for the June 28th meeting. Staff has reviewed the submittal at that time and noted the following revisions: 1) Increased use of differing siding materials and colors. 2) Addition of hipped roofs over garages on some units. 3) Use of "clipped" roof ends on two of the four-unit buildings. Staff felts that the changes submitted for the June 28th meeting did not accomplish the directive set forth by the Planning Commission. The Planning Commission voted 5-1 at the June 28th meeting to recommend denial of the site plan. The reason for denial was that the modifications made to the buildings were still not sufficient enough to break up the monotony of the buildings. Site Pian - South Oaks 2nd Addition City Council Memo - July 19, 2004 Page 2 The applicant requested that the item go before the City Council on the July 19th meeting. On July 13th, modified building elevations were received. Staff has reviewed the elevations and feels that progress has been made; however, the Planning Commission has not reviewed the recently submitted plans. Included with this memo are the most recent elevation plans (City Council will have 11x17 size color drawings), as well as the elevations submitted for previous meetings. RECOMMENDATION City Council has several options before them regarding this site plan - approve, deny, table, or send the item back to the Planning Commission so they may review the newest elevations. BACKGROUND INFORMATION Comprehensive Plan Classification The Plan is consistent with the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). Zoning Classification The Plan is consistent with the Zoning Ordinance. The property is zoned R-3 - Medium High Density Residence. The applicant proposes to develop the property as a Planned Residential Development to allow for clustering of units and preservation of open space. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existina Use North Future Single Family East Open\Agriculture Future Townhomes Townhomes Century Drive Future Townhomes Zonina R-2- Med Den Res. South West R-3- Med\High Res. R-3- Med\High Res. R-3- Med\High Res. ComD Plan U-II (4-8 units) U-II (4-8 units) U-II (4-8 units) U-II (4-8 units) Existing Condition The existing site is relatively flat and treeless. Proposed Condition Two five-unit buildings and one four-unit building to be built on the east side of Century Drive. Site Plan - South Oaks 2nd Addition City Council Memo - July 19, 2004 Page 3 SITE PLAN REVIEW Proposed Building Setbacks Proposed building setbacks are acceptable. All units have been platted as lots that incorporate the unit and land in the front and rear yard. Parking Parking is acceptable. All units will have a two stall garage, plus a driveway capable of parking two additional vehicles, and a turnaround to allow vehicles to pull out onto Century Drive rather than having to back out. Landscaping A landscape plan has been submitted for this area. The plan provides a mixture of deciduous shade trees, interspersed with coniferous plantings. Shrubs are planned for along the walkway to the front door. Boulevard trees have been included are acceptable. 1) An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. 2) All landscaped areas must be irrigated. Fencing and Walls No fencing or walls are included. Architectural Elevations & Floorplan The "Nordic" plan has approximately 1500 square feet with three bedrooms and a two car garage. Staff visited existing MW Johnson constructed townhomes along 35th Street. Some modifications have been made on the building elevation plans to try and differentiate the units, such as building jogs, addition of brick on some of the garage fronts, as well as peaked roof cantilevers on the rear of the homes. Shake siding is shown on varying parts of the units including above garages, on the sides of the buildings in the peaks, and around front windows. However, Staff noted upon visiting the existing buildings that it is difficult to differentiate the shake siding from the lap siding because they are the same color. Staff suggested the following modifications: A. Greater staggering of garages and units to provide visual relief, especially from the street view. Variations in rooflines. Peaks could be added above the front windows/doors on some ofthe units, and varying roof styles could be used over the garages to break up the streetscape. B. Site Plan - South Oaks 2nd Addition City Council Memo - July 19, 2004 Page 4 2) 3) 4) C. Variations in materials used on buildings. The shakes are a differing element, but need to be used in a different color than the siding for the differentiation to be noticed. Grading, Drainage, Erosion Control, and Utility Plan The Grading, Drainage, Erosion Control, and Utility Plans were all reviewed and approved as part of the Preliminary Plat of South Oaks 2nd Additions. Certificates of Survey will be reviewed and approved as a part of the building permit process. RECOMMENDATION Should the City Council wish to approve the site plan, it should be subject to the following conditions: 1) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. All landscaped areas must be irrigated. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. Driveways must include a minimum 3' wide landscaped separation and a turnaround. Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 5) 6) ATTACHMENTS . Location Map . South Oaks 2nd Addition Final Plat . Landscape Plan . Building Elevations & Floor Plans . Application >L1 ~ z*ø j >- '> 2 CIS i:ñ ~ ~ :E ¡¡r .æ ~ .. ...J" ~~ ~ ! ~¡.~ ð" CIS 8.8" ~<H~;¡n~ Q 0801 f ~,.. Wi.. ~ ~~ðóó3óó~"~ ;¡~ ,.II""~"~'O t: (þ ~ E t: co..!!! ~~a. oc(þ ""'»- ::> ;::.>.- >°00 :æ:t- ", iÞ ¡it ' ,,> ,'t, , .. '5 I;FtTc~~-tr¡¡¡¡: -- ----- '7:' ., <, 11111/ ' .~. ";' 't;.,¡' ¡Ulllk . ' . \. ....~..." .;<HlIll'" If:' .-..1 ~-~ ! ! : ~ ;¡ r -T-~-~~~ !! ii' H! . : -<" : .~ L--__,_~------.J !! - ¡¡ . ---- w~-- c 'Î ../ î . I ¡ ¡ ¡ ¡ í î I In % n ~i! 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H "'¡',,.hl ïlì"hil' ~¡~f'~lj1'¡;i¡'1¡~'¡"í:'¡ "1'.f:J~,¡š.;h,-h!¡!,ql Š,¡",{"O'" " ~i't ;;I!'!,'!Hill:!~hj z-- i i } ¡~f' , ¡. ,1 H ,i I ;I¡h ',H"HsJ£¡n'IH3! ill > ¡¡:: 0 ~ ::> I- z ill 0 CD ~ ;; "Z~ :~~~~ ~ ':'I~~ 0 . j£~~ h- uJ uJ J: CI) . ~ j , . ~ . , . liB ¡ I , . ¡ ¡ ;I~~I ¡J. , :¡I ~o ",1 .. " ' * £g Ii '¡ .. " , ."-" ,I- If ~ . h .~i !Hh[ I""', I ~ ¡ ull' ¡ ¡ i ;¡1 I'" ¡iii ihl ï/~~- ~ ~ ¡¡ I ~ O. ~U; a~i "1\ ~:\ ~m V> I' ~ J ~ ~ ¡;j ~ ~ z 0 g¡ ~l !i" ~. ~:ø ~k ~!I: $ 0 N "« k~ -o:J - . . If $ !c , ~'¡ ~~ ~':I iii~ ~I} ~~~ t~ ~ ß ~~ '" u~ ~~§ ß ¡¡~ æ ~ §~ 2-~ ~~ æ !;: ~~~ 2;>:9 ß ~~ æ 1; COO ~~§ -~ 0 ~~~ ð~: O~~ §ð~ t;' i~ '<r ~;.. < " >~ :~ ;;! Q ~ ~ g¡ ~I gill g.¡t ~!Ii ~k ~II: $ Q c:: t'C !i 4: () % ~ 0 \/) ,..... , . :1:1: C) c: .- -c .- ::J CD 4 < ('I ~ <t 0 ~ . () V) C\J :t:I: C) c: .- -c .- ::J CD f ~) 1 ~ j ~ tit ð ~ J{ \'f) :1:1: C) c: .- -c .- :::J co It ~ I <I ~ ~ fA V) \II ...:i 4 cI: - 0\1\ ~ "$ -J. j ..J 0 < \I)cÐ ~ . if ~ ] <) <' c--< -1 4: ) Q V1 3 ~ ~ ~ ~ ~ r~ /1 3 c:J <::" ç ç:{ :j <f 0 Q 2 ~ i- Z ~ ~ ~ ~ ('1 ~ ¿-\j ¿¡ -' ¿ en <!, <: ~ j ¿ 0 1 VJ 2 ~ ~ ~ ~ ~ ~ ¿¡ :'f ~ ~ -:s:'> .,j .;:¿ ~ tS: ~ ~ ~ LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: Lo+s \ - lLJ ~\oJ:. Co ~A~ OCl~5 ~(lð Oðd:+,'cJ'1 Legal Description of Property: Applicant Name Address Phone Fax Email Phone Fax Email DescrIPti~of-kquest (include site plan, su¡ey, and/or plat if applicable): ~ì ~rî o..OOV'JXt Check applicable box(es): Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: x Note: All fees and escrow amounts due at time of application. $600 § $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 5.1.: $1500 (Engineering) - 5,000 - 10,000 s.l.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.t.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.1. +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Date Ý-.;f 7- {Jc/ Date Rec'd By: Receipt # ~ 6iNner Na"e -~Iease Print )( {2G'é&O121 J/.;::~UJt{s.K€ Date Rec'd ""II L:¡'-! C~ App. Complete 4/2312003 Applicant Name and Title - Please Print x-La)~Ç, ~rrt-\I Official Use Only File # Fee Paid VIII-B-6 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: July 19, 2004 Subject: Grant Approval Extension - Site Plan Review #2003-44 - 30 Unit Condominium Building - Lot 1, Block 1, Williams Addition (Whispering Lane) - Wesley Investments REQUÈST Jon Whitcomb of Wesley Investments seeks COIIt'1Cil approval to extend the one year sunset clause condition of the 2003 Site Plan approval to construct a 30 unit condominium building on Lot 1, Block 1, Williams Addition on Whispering Lane. Mr. Whitcomb seeks a 180 day extension. HISTORY The City Council approved the Site Plan on July 19, 2003 subject to the following condition: 22)Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void Since City Council approval the applicant has received building plan approval, but has not commenced site preparation work or construction of the building. It does not appear significant progress towards construction has occurred. OPTIONS The following options are available for action: 1) Approval of the extension as requested by the applicant. The Council may choose to grant the entire 180 days as requested or a lesser amount. 2) Denial of the extension request. After July 21, 2004 the approval would be rendered null and void, any further action towards construction would require resubmittal for Site Plan approval to the Planning Commission and City Council. Any action to table the item would effectively nullify Site Plan approval, If you wish to delay a decision until my return on August 2nd, a two week extension to the approval would be necessary, ATTACHMENTS . Letter for Extension Request - Wesley Investments. . Location Map . Plan Set . Resolution for Approval - July 21, 2003 \j)~5L ~>' INVESTMENTS, Inc. , " JON WHITCOMB [~""'M" ¡Suite 302 I :/Stillwater, MN I ;/"55082 I _M'41'~ lFax:651-430-0029/,. ~ I ! t2 I I LJ June 30, 2004 John Hiiizrllan City ofHasting~ ' -,U)l 4th Street E.: ' Hastings, MN 5$033- / / <." , -- !:, --- lŒ: .;Whisperì¡jg'CfesfViIlas ' " /,:' :'" '-' ---, - ;~/ , // />-' /> --/ : Dear MLHinz1IJap, Ithasbeena:~e~busy yèà;::Ìínd time has passed by q\Ìi()kly. ,-,:,,::111 "',\'::::\\'<,1 I have had a pþllple of projects wòrkiQg,throùgh.the syste~ at the City for a yeà¡'ormol'~.i ~ne of which is the ~O 'lZnìt CòÌidomÏl1Îum project called WhisperingCre$t¡ViIlas, located on WhispetìÌ1gl,ane.' . , , '" 'I ' -- H --_H, Lhave,been.~ttempting to complete a assessment of this project to _cleterrnil1e.tl1,~ projects feasibility. Because this has not been completed and I have a deaqllne coming, I would like to request an extension. I 'The ext.ensiq~ I am proposing would be for 180 additional days from the -iiiitì¡il deadlí~~. , I COuld youpl¿ase notify the Council of my request at their next meeting. I am still hoping that I will be able to move forward in some form in the near future on this site. Thank you for your help on this matter. n~ Yn~hitcomb JW:tms Cc: Jim DeBenedet, Stevens Engineers David Snyder, Attorney (2cuj 7 /í /rY-) --0 "CT"" <CJt: -u tn 0 T"" - tntD E~ .! - -0 =...J ~ - ;n;¡JddJ¡:;~:;:~;¡;~ * 0 0 ~ Z OO~ oilo,.t.loi~@O ~ ~ ~ ~\ ~ i. j~ i~ ~ "'L~ a . li~fi! ~~H~¡;¡;:n OiOO fiol' 10000 SITE PLANS 30 UNIT APARTMENT HASTINGS, MINNESOTA LOCATION MAP FOR WESLEY LEGEND ~ N j GATE V'I-'Æ H"'RANT , ! ~\\ , 1,,05\1W <]' ", I -... i ----------- _J \1.""'1,,05 WATER "~H CURB STO/' SANITARY 5£"'" """TOURS CUI'ÆRT \1....,"0' "ANH'" CATCH BAOH EDGE'" ASPHALT ORA"'- SHOUL()[R 81 CURB . "'TIER SPOT ELEVATIONS STREET UGHT PO\\£R P'" ~ ._-._1~'.---- .",u~..,'" o~,:\f.' cœ 'nm " GAS UHf ELECmC "HE ]ELf PHONE "HE -. --. -. -. - --------- PROPERTY "HE fEHCE OCT fEHCE EOGE '" BRUSH TREES BU'WHGS ----- ------ tlô V PROPOSED -.-..1.-.- --- >--< '"", INVESTMENTS INDEX OF SHEETS 1 l1TLE. LOCA110N AND INDEX 2 DIMENSION, PAVING AND Ul1L1TIES PLAN 3 GRADING, DRAINAGE AND EROSION CONTROL PLAN 4 LANSCAPE PLAN 5 LIGHTING PLAN 6 DETAILS t Cc IttP [()JC I 7/;;1I/O3 Iii ~ .. ¡;;¡ ~UI lU . Ii; Q "1"1 ~ "g § ~ ill" I ~ g¡ I iUh~ /j ~ ~~ i\¡s ¡",= eg .~ ;;t "" Ig \i e~ ~. .i Ii I ! ¡ II Ii ~'il~ u}w 1 OF 6 ~ i;;~ II ~ ~~ m¡i ¡;!,. ~ 0 '" ~II! >- ~II~ -T ~ t \: :1 ¡.III: 111111 gH;111 ~ u il 15 'I! i.1 "i II ¡~I ,n. ¡IP!~~ HH II \ i¡ ~i! 1~ld; ~I i ~n J f I .-I~lh.~g ¡iI! ~È.h ~~ 1,;1 æ ~~ , ,- <,ii == ~~----~.. 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"""""""""""",, ""-'" .":..~~ S1/ma "'"""'" """ II ¡" .:~ n= ..1 ~r~ - ~.I= ~ ãi.. ~¡ ~!¡ I. n , ~it ~!j I ~~!J~ ~ ¡ i ò W' I! ~ . , 0 , , ~ I;I~ I .¡~ ! :~¡ ; ~.i ¡ ,I.. "'0' ,,~,¡ ~Jê'! u ~.e~i u ;~~;¡ -1,1 ji~~! 9.~:li ,~~i!, ,n,., 'I ,>, 'Ii 'i ~ ~ ¡v ~ ~ f". ~ \' \:: 'v ~ ';>~ '<j .~ ~ ",.,,' "u u~ UJ.uur-' UU" w",",",umu CU"-~JU-UUC" . I -~ l.;r '., " -- :! ! -'--~~~~ ~b.d,---=---=--=- =- ~:t-"~ --~ ~ ~ --~ -:.. _-:::d ."..,"......., ~ l ,G):=,y~~::::::;-=- , i ..:.;::,::~~~- -""¿-'=:"=':-":7'7:': "0"- p.C ,. j i ~j¡' :1! J¡ 1 il ¡i:j ; ; 11 :il! "" " ""I ::..¡~ !H~~ :{d~ ¡âjH ii';<-{ :t!~¡' )¡¡~ ;1 ~ i- ~ w ~" WO' ~J ~-'~ W', f'-~ ,~ ~ wI' i ~ ~: , ~ " ~:! ' "'Iii i: . 2 ~, , ~ , ~ 7 I-'>lSTI"'.,.,~ l'Ovvt I 6f ï .u Uu uu.uu", uu" ~". _UuU,U uu. ~uu ",,~ .p : i:LJ::= "'-~~~ .., .J¡;- ",,' i ;: i ~ -=\J --..1. I ¡ I- J ~.~=_.... 'Po..VT ¿ of 1 Jul lU U~ U~:;,;,p Jon WhltcomtJ b::>¡-.."U-UU¿ti p... b J ~~ ~ )I) 2 a ¡::' ~ ~ .~ . . J ;,l~ ~~ r ,,1 ß ". , > { ;J. ~'".. ~. \. " :r: ' if .~ ' 2 ~ f ~ \- O. - '" ~ ID ~-. . ¡ r ,. ~ , ~![1 Hi ",:;<-.: , "'"'" =-~,u~ -~~=~. .~=r~~ÕIO""" - - ~'!L,"ø.'-', - ""in .8 ~ fa-vt i of- ?' ~-> >u uu Uu.uu~ uU" W">CLòUmU Ou> "T.oU-UUC::> p.::> : I : I , : I ~~I-r-- ------J" I . II I II . .,.....=---=----::.=-===-=-:'1=--~--=---=--=-l.~~ ~,"",,"'.~""'-I?'==C~:-".. t;.. =-=~-=,,- ........ i .4L.~: .....-.-. i. I. -- :--J:".."'~ I 1""~-'::. ¡ ,-- 1 . :.' I ---.l.--1"':"'-. -_!-_J__~_L...:..._L__~~ ,L ---~--~ ~~-~-.--.-----.- - --T.~ ...."'........~'" -----~.. PM+- 'Z...cf- f HASTINGS CITY COUNCIL RESOLUTION NO. 7-17-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN FOR JON WESLEY INVESTMENTS, INC FOR A 30 UNIT CONDOMINIUM BUILDING LOCATED ON LOT 1, BLOCK 1, WILLIAMS . FIRST ADDITION, HASTINGS, MINNESOTA Council member Vanorrl",i-t", moved its adoption: introduced the following Resolution and WHEREAS, Jon Wesley Investments, Inc., owner of property located along the west side of Whispering Lane have requested approval to construct a 3 story, 30 unit condominium building on property legally described as Lot 1, Block 1, WILLIAMS FIRST ADDmON, Dakota County, Minnesota; and WHEREAS, on July 14, 2003, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the Planning Commission recommended approval of the Site Plan subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby approves the site plan request of Jon Wesley Investments, Inc. to construct a 30 unit condominium building subject to the following conditions: 1) Adherence to the Site Plan, Landscape Plan, and Architectural Elevations as presented to the City Council. 2) The applicant shall reimburse the city for all costs associated with the Benshoof and Associates Traffic Study prior to issuance of a building permit 9) 3) Adherence to the provisions of the 1986 Williams 151 Addition Environmental Assessment Worksheet. 4) All disturbed areas on this property 'shall be stabilized with rooting vegetative cover to eliminate erosion problems. 5) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 6) Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 7) All rooftop equipment shall be screened by a parapet wall. 8) Any waste enclosure areas shall be constructed with materials matching the primary building. All parking and drive aisle areas shall be constructed to city standards including concrete .curb and bituminous surfacing. 10) 11) Siding material and color must be identified. Rock face block must be used along the lower elevations instead of poured concrete walls. 12) Colored elevations and complete list of building materials must be included with drawings prior to City Council Review. 13) Shrub plantings must be incorporated between the parking lot drive aisle and the north - property line. Shrubs should be located adjacent to the proposed trees. 14) Boulevard Trees must be planted every 50 feet within the Whispering Lane right-of-way. Trees must be deciduous and 2.0 caliper inches in size at planting. 15) Coniferous plantings must be at least 6 feet high at planting, further coniferous plantings must be established at the west end of the parking lot. 16) Additional plantings must be added to shield headlights along the driveway entrance to the garage. 17) 18) All landscaped areas must be irrigated. All parking lot lighting must be downcast and shielded towards the parking lot to reduce impact on SUItounding properties. 19) My monument signs shall be architecturally consistent with the buildings on site and incorporate similar materials into their construction. 20) My uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 21) Submission of an electronic copy of all plan sets (TIF, PDF, or similar fonnat) prior to issuance of certificate of occupancy. 22) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void Council member Hicks vote adopted bY--Æ-present. moved a second to this resolution and upon being put to a Ayes: --2.. Councì11æmbers Hazlet, Yandrasits, furatzka, Riveness, Schultz and Nays: ----.!... eoimci11æmber Hicks Mayor Werner Absent: ~ "...I ATTEST: ~ ~t(,LLUe1/Lo"fLc Melanie Mesko Lee Administrative Assistant/City Clerk MichaelD. W=er,Mayor .---~. I HEREBY CERTIFY that the above is a true and correct copy ofresålution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 21 st day of July, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. ¡'U--liLtt.U--lvLl/~kn tft.-t- Melanie Mesko Lee Administrative Assistant/City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 VIII-B-7 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: July 19, 2004 Subject: Request for Park Dedication Fee Reduction - David Vanney, Attorney for Advanced Homes (Riverwood 8th Addition) REQUEST David Vanney, Attorney for Advanced Homes of Hastings (developer of Riverwood 8th Addition) has submitted the attached letter requesting a Park Dedication Fee reduction and requested placement on the agenda to discuss the issue with the Council. HISTORY At the June 21 , 2004 meeting, the Council approved a revised fee schedule reducing park dedication rates as follows: Former Rate $2,200 $1,650 $1,100 New Rate $2,200 $2,200 $2,200 The Council also considered reimbursement\credit for Final Plats approved during the period of the higher park dedication rate. The request failed on a 3-3 vote. ATTACHMENTS . Letter from David Vanney DA VID C. V ANNEY AITORNEY AT LAW JOO DEGREE OF HONOR BUnDlNG 325 CEDAR S1REET ST. PAUL, MINNESOTA 55101 FACSIMILE (651) 22t-40t2 TELEPHONE (651) 221-4010 July 9, 2004 SENT BY E-MAIL Mr. Shawn Moynihan 1303 South Frontage Road, No.5 Hastings, MN 55033-2477 Re: Advanced Homes of Hastings, Inc. Riverwood 8th Addition Our File No. 109,000 Dear Mr. Moynihan: I am writing regarding the proposed park dedication fees for Riverwood 8th Addition ("Riverwood"). It is my understanding that the Hastings City Council is currently reluctant to apply the new park dedication fees to Riverwood. The proposed park fees are currently set at $137,088;1 under the new schedule, the total fees would be $86,394.2 As a good faith compromise, Advanced Homes would be willing to accept park fees of $86,394, even though those fees are about twice as much as they should be under Minnesota law. Under Minnesota law, the City can request cash rather than land to satisfy park dedication requirements. But that cash must be based on the fair market value of the land. We know the approximate value of the Riverwood land, since the City had the property appraised as of August 200 tin order to value certain easements the City obtained. We also know that the cash must be a reasonable percentage of the land value. The Minnesota Supreme Court has declared 10% to be reasonable, and there appears to broad consensus that 10% to 15%, depending on the density of housing units, is an appropriate range. Since Riverwood is a medium-density development, 13% of the land value would be appropriate for park dedication. t 224 units @ $612 per unit, which is 34% of the $1,800 per unit fee. 2 11 single family units at $612 per unit, plus 213 units @ $374 per unit, which is 34% ofthe $1,100 per unit fee. Letter to Mr. Moynihan July 9, 2004 Page 2 Accordingly, the Riverwood park dedication fees should be calculated as follows: Given land that was previously given to the City for parks, Riverwood has already satisfied 66% of its park dedication requirements. Accordingly, Riverwood must only satisfy another 34%. Thirty-four (34%) percent of 13% is 4.42%, and thus Riverwood must now contribute 4.42% of its land value for park dedication fees. Number of acres in Riverwood development 27.55 Value per acre according to August 8, 2001 appraisal ordered by City'! $32,000 Value per acre after inflation adjustment of 10% (since park dedication fee determined two years after appraisal date) $35,200 Value of land in development $969,760 4.42% park dedication fee $42,863 or $43,000 rounded up APPROPRIATE RIVERWOOD PARK FEE $43,000 In short, although the park fees should be around $43,000, Riverwood is willing to accept $86,394 in fees. I am currently planning to attend the July 19, 2004, City Council meeting to discuss these issues. In the meantime, please let me know if you have some suggestions for resolving this matter. Thank you for your consideration. Very truly yours, DavidC. Vanney cc John Hinzman (via email) Advanced Homes of Hastings, Inc. 3 The City actually ordered two appraisals as of August S. 2001. for the Riverwood property. One appraisal valued an easement on a Riverwood parcel with frontage on Highway 47; the other appraisal valued an easement on an interior Riverwood parcel with no road frontage. Since the Riverwood S'" parcel is an interior parcel with no road frontage. the "interior" appraisal is relevant. VIII-C,-1 MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Dave Osberg, City Administrator DATE: July 15, 2004 SUBJECT: Appointment of Interim Finance Director Recommended City Council Action It is recommended that the City Council take action author~zing the appointment of current Assistant Finance Director Char Stark to the position of Interim Finance Director for a period starting June 1, 2004 and continuing until about January 1, 2005; with a wage adjustment to the Step (d)-kwel of the compensation structure, which will result in a monthly adjustment of about $709. Background The City Council has been apprised of the long term illness that is facing Finance Director Lori Webster. While at the same time Lori Webster is absent from work, Assistant Finance Director Char Stark has assumed the duties of Finance Director, which as the City Council is well aware, will include the 2005 Budget preparation and adoption process. As has been done in the past under similar circumstances in this Department and others, the City Council has made interim appointments and temporary compensation schedule adjustments. The above recommendation allows for the temporary appointment, and yet through discussions between Char and I, we both recognize that should the time period need to be shortened, or extended, the City Council will be asked to take the necessary actions, at the appropriate time. For now, the City Council is asked to authorize the temporary appointment of Char Stark to the position of interim Finance Director at the compensation level and for the period of time mentione above.