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CITY OF HASTINGS
COUNCIL MEETING
7:00 PM
Monday,i\ugust15,2005
I. CllL TO ORDER:
II. ROLL CllL:
ID. DETERMINi\TION OF QUORUM:
IV. i\PPROV II OF MINUTES:
Approve of Minutes of the Regular Meeting on August 1,2005
V. COUNCIL ITEMS TO BE CONSIDERED:
SPECIll PRESENT i\ TION
VI.
CONSENT i\GENDi\
The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion
on these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent
Agenda to the appropriate Department for discussion.
"
1. Pay Bills as Audited /
2. Fueling Station on Mississippi River
3. Authorize Amended Agreement with School District #200 at the Hastings
Civic Arena
4. Lower St. Croix Watershed District Joint Powers Agreement
5. CDBG Sub recipient Agreements-Program Year 2005
6. Authorize OutState Conference Attendance
7. Proclamation-Step Family Day
8. Certificate of Satisfaction-Miller Electric
9. Declare Excess Property-Fire Department Tanker Truck
10. Approve Fire Inspections Contracts with State of Minnesota for Hotel/Motel
and Public Schools
11. Development Agreement: #2005-37, Griselda's Whispering Meadows
12. Development Agreement: #2005-28, Riverfront Addition
13. Approve Change: Sidewalk to Berm, Whispering Lane Condos
14. Resolution Expressing Acceptance of and Appreciation of a Donation to the
Hastings Police Reserve Program
15. Resolution Expressing Acceptance of and Appreciation of a Donation to the
Hastings Police Canine Program
16. Pay Estimate #1- Project 2005-1 Dakota Hills - Pember Excavating Co. -
$522,331.01
17. Pay Estimate #1 - Project 2005-2 Zweber Lane & Oak Ridge Drive - Pember
Excavating Co. - $107,229.66
18. Pay Estimate #3 - Project 2005-4 LeDuc Mansion Parking Lot - Midwest
Asphalt - $38,825.94
19. Authorization to request advance of funds from National Park Service
VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS
1. Liquor License Violation Hearing
2. Award of Contracts-Project #2005-3; South Frontage Road
VIII. REPORTS FROM CITY STAFF
A. Public Works
B. Planning
1. Resolution: Site Plan #2005-50 Wal-Mart Supercenter Expansion (1752
North Frontage Road)
!
C.
Administration
1. Facilities Maintenance Surffing
2. Authorization for Experience Works to Share City Hall Office Space with
Youth First
IX. COMMENTS FROM AUDIENGE
x. UNFINISHED BUSINESS
XI. NEW BUSINESS
XII. REPORTS FROM CITY COMMITTEES, OFFICERS,
COUNCILMEMBERS
XIII. ADJOURNMENT
Next Council Meeting on Tuesdav SeD/ember rlh, 2005
Hastings, Minnesota
City Council Minutes
August 1, 2005
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday August 1,2005 at 7:00 PM in the Council Chambers at the Hastings City Hall,
101 East 4th Street, Hastings, Minnesota.
Members Present:
Mayor Werner, Councilmembers Hicks, Alongi, Hazlet,
Riveness, Schultz and Moratzka
Members Absent:
None
Staff Members Present:
City Attorney Shawn Moynihan
Planning Director, John Hinzman
Public Works Director, Tom Montgomery
City Administrator, Dave Osberg
Approval of Minutes:
Mayor Werner asked if there were any corrections or additions to the minutes of
the regular meeting of Monday July 18th, 2005. Hearing none, the minutes were approved
as presented.
Council Items to Be Considered
City Administrator Osberg stated that there were three changes to the agenda
under consideration:
Add to the Consent Agenda: "Rescinding Gambling Permit-Stelutec Foundation"
Remove from the Agenda the request by the Hastings Hawks for a Temporary 3.2 Beer
license, and later the item relating to the Wal-Mart expansion will be requested to be
tabled.
Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to add
to the consent agenda, item #8 Resolution #8-5-05 "Rescinding Gambling Permit;
Stelutec Foundation"
7 Ayes; nays, None.
Minutes of the Remdar Meetin!!. of AUlrust I. 2005
P8I!.e2or2
Consent Agenda
Moved by Councilmember Riveness, seconded by Councilmember Hazlet to
approve the Consent Agenda as presented and amended:
1. Pay Bills as Audited
2. Establish Classification and Compensation Schedule for Fire Department
Support Staff Positions.
3. Resignation ofHPC Commissioner and Advertise for Applicants
4. Appointment of Russ Rohloff to the NRRC
5. Resolution-Approving the Application of a Premise Permit Application for
Lawful Gambling at the Busted Nut, 118 2nd Street East, Hastings, MN
6. Dakota County 4th Street Water Tower Lease Agreement
7. 2005 Budget Adjustments
8. Resolution Rescinding Gambling Permit; Stelutec Foundation
7 Ayes, Nays, None.
Award of Contracts-Public Works Garage Salt Shed
Moved by Councilmember Moratzka, seconded by Councilmember Alongi to
approve the Resolution awarding a contract to Ebert Construction for the construction of
a Public Worl,s Garage Salt Shed, in the amount of$198,300.
7 Ayes, Nays, None.
Resolution- W ai-Mart Super Center Expansion 1752 North Frontage Road
Moved by Councilmember Alongi, seconded by Councilmember Hicks to table
this item until the August 15, 2005 City Council meeting.
7 Ayes, Nays, None.
Resolution-Con-Agra FloodwaU at 2005 VermiUion Street
Moved by Councilmember Riveness, seconded by Councilmember Hicks to
approve a Resolution granting Special Use Permit #2005-23-Construction of a floodwall-
2005 Vermillion Street-SACC Group (Con-Agra)
7 Ayes; Nays. None.
Minutes of the Re~lar Meeting of Aulrust I. 2005
Page 3 00
Resolution-Minor Subdivision, Linda Kilbourne 310 West 6th Street
Moved by Councilmember Hicks, seconded by Councilmember Hazlet to
approve the Resolution of the City Council of the City of Hastings approving minor
subdivision of Lots 7 and 8, Block 39, Town of Hastings Blocks 1 through 99.
Ayes: Mayor Werner, Councilmembers Riveness, Hazlet and Alongi
Nays: Councilmembers Moratzka, Schultz and Hicks
Motion approved 4-3.
Reports from Committees
Councilmember Hicks provided an update on the Red Rock Corridor Commuter Rail.
Comments from the Audience
Jackie Boler provide comments on the request by Linda Kilbourne for the minor
subdivision.
Adjournment
Moved by Councilmember Schultz, seconded by Councilmeber Riveness to
adjourn the meeting at 8:40 PM.
7 Ayes, Nays, None.
Michael D. Werner
Mayor
David M. Osberg
Deputy City Clerk
Date: 08/11/2005
Time: 13:01:16
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Department Vendor Name Description
COUNCIL AND MAYOR
COUNCIL AND MAYOR
-------------------- -------------------- ------------------------
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
MAtNTENANCE
-MAINTENANCE
MAINTBNANCE
M.I.S.
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
DAKOTA WOOD GRINDING WOOD GRINDING
SUBURBAN RATE AUTHO 2005 MEMBERSHIP 2ND 1/2
Total for Department 102
CITY OF HASTINGS OFFICE SUPPLIES
LATHAM, CAROL MILEAGE
NEOPOST LEASING MAIL MACHINE
NEXTEL COMMUNICATION CELL PHONE SERVICE
OFFlGE MAX - A BOISE COMBS/FLAGS
OFFICE MAX - A BOISE PAPER/POST-ITS
OFFICE MAX - A BOISE POST-IT FLAGS
STAR TRIBUNE JOB POSTING-MAINTBNANcE
Total for Department 105
HASTINGS STAR GAZETT AD FOR BIDS SO FRONTAGE
HASTINGS STAR GAZETT FIRE DEPT CLASS DISPLAY
HASTINGS STAR GAZETT MINOR SUBDIVISION KILBOU
HASTINGS STAR GAZETT SO FRONTAGE RD IMPROVEME
INT'L INST/MUNIC. CL MEMBERSHIP
LORMAN EDUCATIONAL S RAUSCH/ CONFERENCE
MINN UC FUND 1ST QTR 2005
MINN UC FUND 1ST QTR 2005/KATASONOVA
Total for Department 107
JOHNSTONE SUPPLY EQUIPMENT SUPPLIES CH,
LIFEWORKS SERVICES I JULY CLEANING CH/PD
NEXTEL COMMUNICATION CELL PHONE
Total for Department 140,/
NORNES, STEPHANIE MISC TOOLS/STORAGE ITEMS
Total for Department 160
BIRCHEN ENTERPRISES CORRECT CREDIT
BIRCHEN ENTERPRISES VEHICLE MAINT
CITY OF HASTINGS VEHICLE REGISTRATION
HICKS WAYNE NAT'L NIGHT OUT SUPPLIES
LEAGUE/MH CITIES INS MED DEDUCTIBLE/ DOFFING
LEXIS NEXIS ONLINE RESEARCH MONTHLY
OFFICE MAX - A BOISE OFF SUPPLIES
OFFICE MAX - A BOISE OFFICE SUPPLIES
ARCH WIRELESS MONTHLY PAGER LEASE
RGNONTI, JAMES REIMBUSE UNIFORM ALLOWAN
SCHMITZ, MICHAEL REIMBURSE MEALS K-9
SHAMROCK ANIMAL CLIN DOG KENNEL STORAGE 6/18-
SOUTH EAST TOWING IN TOW VEHICLE
UNITED STATES POSTAL STAMPS
Total for Department 201
BUILDING AND INSPECT 10,000 LAKES CHAPTER LAKES CHAPTER EDUCATION
BUILDING AND INSPECT CITY OF HASTINGS MEETINGS-LANGER/BAKKEN/B
Total for Department 230
VI-1
Page: 1
Amount
------------
7,238.00
600.00
7,838.00*
5.37
31.59
233.58
39.32
102.92
182.52
23.58
225.00
843.88*
147.15
100.50
26.55
130.80
125.00
299.00
-17.94
5,250.00
6,061. 06*
226.22
250.50
89.96
566.68*
35.48
35.48*
64.99
1,433.50
7.50
25.24
250.00
110.00
-12.27
-49.08
194.20
119.98
15.86
1,078.08
106.50
296.00
3,640.50*
60.00
56.00
116.00*
Date: 08/11/2005
Operator: BECKY KLINE
Time: 13:01:17
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 2
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
SAFETY COMMITTEE
SAFETY COMMITTEE
KTEE SAFETY GEAR INC SAFETY VESTS
MIDWEST EAP SOLUTION GRIEF/LOSS TRAINING
Total for Department 240
l'UBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
DUMP TRUCK
CHEM GUARD AEROSOL
FLEX DRIVER
LAMP
OIL FILTERS
U JOINT
BLADE/BAR/POLYCUT
OIL
SPARKPLUG/LABOR
GLASS
for Department 300
BOYER FORD TRUCKS
CHEMSEARCH
MOTOR PARTS SERVICE
MOTOR PARTS SERVICE
MOTOR PARTS SERVICE
MOTOR PARTS SERVICE
NIEBUR IMPLEMENT CO
NIEBUR IMPLEMENT CO
NIEBUR IMPLEMENT CO
ZIEGLER, INC.
Total
Total for Fund 101
PARKS AND RECREATION VALERIE HARRINGTON REFUND PARTY WAGON PAYME
PARKS AND RECREATION DONAHOE, TERRY MOUND CLAY/ VET'S BASEBA
PARKS AND RECREATION IND. SCHOOL DISTRICT WELDING WIRE - JMF
PARKS AND RECREATION JIRIK SOD FARM INC SOD/PALLETS
PARKS AND RECREATION SHERWIN-WILLIAMS MASKING TAPE
pARies AND RECREATION UNIVERSITY OF MINNES TREE INSPECTOR RECERTUI'
"PARKS AND RECREATION WILLIAMS SCOTSMAN IN MOBILE OFFICE RENT
Total for Department 401
/
Total for Fund 200
PARKS AND RECREATION DIPPIN DOTS, INC. 6 CASES
PARKS AND RECREATION DJAY SOUND (. LIGHT S DJAY FOR TEEN NIGHT
PARKS AND RECREATION FIRST LINE BEVERAGES CONCESSION SUPPLIES
PARKS AND RECREATION JOHNSON, DARBIE A.D BOTTLES
PARKS AND RECREATION MIDWEST COCA-COLA BT CONCESSION SUPPLIES
PARKS AND RECREATION VISTAR CORPORATION CONCESSION SUPPLIES
Total for Department 401
Total for Fund 201
HERITAGE PRESERVATIO LIBRARY BINDING SERV ARCHIVAL MANUSCRIPT FOLD
Total for Department 170
Total for Fund 210
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
BOYER FORD TRUCKS
FASTENAL COMPANY
GREEN, THOMAS D
GREEN, THOMAS D
GELHAR JAMES
NIEBUR IMPLEMENT CO
RESCUE TRUCK REPAIRS
ALUMINUM FLAT BAR
GLOVES/SHIPPING
HOSE GASKETS
REIMBURSE SUPPLIES
FILTER/OIL
2,962.88
612.50
3,575.38*
57,459.00
356.18
7.34
10.29
143.66
49.40
170.24
1l.44
29.53
346.22
58,583.30*
81,260.28*
40.00
395.39
58.90
187.03
49.46
255.00
203.42
1,189.20*
1,189.20*
567.00
525.00
665.80
341. 04
396.00
675.60
3,170.44*
3,170.44*
50.03
50.03*
50.03*
1,821.24
12.35
940.64
75.00
29.75
58.60
Date: 08/11/2005
Time: 13:01:17
Operator: BECKY KLINE
Page: 3
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
FIRE
FIRE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
MAINTENANCE
PUBLIC WORKS
TROPHIES PLUS ACCOUNTABILITY TAGS
WORKING FIRE VIDEO T SUBSCRIPTION
Total for Department 210
BONNIE MC HATTIE REFUND OVERPAY/ CALL 200
BLUE CROSS BLUE SHIE REFUND OVERPAY! MINDY LA
MOORE MSDICAL CORP. MEDICAL SUPPLIES
NINETY-FOUR SERVICES AMBULANCE PARTS
PRAXAIR DISTRIBUTION OXYGEN
VISIONARY SYSTEMS, L FIREHOUSE SOFTWARE LICEN
WINGFOOT COMMERCIAL AMBULANCE TIRES
Total for Department 220
Total for Fund 213
ROOF SPEC INC FINAL! ROOF CONSULTANT!
Total for Department 140
BROCK WHITE COMPANY SILT FENCE
Total for Department 300
Total for Fund 403
,
HOUSING AND REDEVELO MALLETTE I S CUSTOM FA SECURE 110 4TH ST PLYWOO'
Total for Department 500
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 404
/
CONSTRUCTION BULLET I 05-3 SO FRONTAGE RD
E & G CONSULTING INC JULY!DAKOTA HILLS INSP
MIDWEST ASPHALT CORP LE DUC MANSION
PEMBER EXCAVATING IN DAKOTA HILLS
PEMBER EXCAVATING IN ZWEBER LANE
Total for Department 300
Total for Fund 495
BERGERSON - CASWELL CONSTRUCTION PILOT WELL
CONTINENTAL SAFETY SAFETY CAP RATCHET
CRYSTEEL TRUCK EQUIP TRANSFER PUMP
GOPHER STATE ONB-CAL LOCATES
GRAPHIC DESIGN INSERTING STATEMENTS
JIFFY-JR PRODUCTS SAFETY SUPPLIES
NAT'L WATERWORKS METERS!FLANGE KITS
NAT'L WATERWORKS MXU BATTERIES
PACE ANALYTICAL SERV TESTING
Total for Department 300
Total for Fund 600
220.46
350.00
3,508.04*
754.96
782.40
95.62
659.62
126.33
507.85
351.81
3,278.59*
6,786.63*
1,500.00
1,500.00*
282.48
282.48*
1,782.48*
660.00
660.00*
660.00*
204.02
18,520.00
38,825.94
522,331.01
107,229.66
687,110.63*
687,110.63*
48,082.50
42.04
241.22
573.75
289.87
201.50
594.86
1,787.95
135.00
51,948.69*
51,948.69*
Date: 08/11/2005 Time: 13:01:17
Operator: BECKY KLINE
Page: 4
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
BOYER FORD TRUCKS RESISTOR ASSEMBLY
BOYER FORD TRUCKS SWITCH ASSEMBLY T-3,T-4
HASTINGS BUS CO BACK UP DRIVER 7/8
MN BODY" EQUIPMENT WINDOW/ T-4;STRIKE ADJ T
NEXTEL COMMUNICATION CELL PHONE
Total for Department 107
11. 01
70.48
367.50
323.06
82.66
854.71*
Total for Fund 610
854.71*
PUBLIC WORKS
GLENWOOD INGLEWOOD C COOLER RENTAL
Total for Department 300
7.46
7.46*
Total for Fund 620
7.46*
MISCELLANEOUS
AMCON CONSTRUCTION C PARTIAL RELEASE OF CASH 201,735.00
Total for Department 600 201,735.00*
Total for Fund 804
201,735.00*
Grand Total
1,036,555.55*
/
August 15, 2005
APPROVED:
(
Mayor Werner
N.emmi.m
To; City Council
From; Becky Kline, Finance Department
Date: 8/9/2005
Qiyof H1s1igs
't,),I.,'.'nH:'r',$~~1.1:!~~;::,-~,"';'.IY~t'.m:q;t.tm::''J.r1t:.''':'~'~,'ill-'t':.(;~\'!'<;.:%'11
!
The attached Department Repert itemizes vouchers that were paid on
August 9, 2005.
I'
Thank you.
Date: 08/09/2005
Time: 07:47:02
Operator: BECKY KLINE
Page: 1
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
.------------------- -------------------- ------------------------ ------------
COUNCIL AND MAYOR
COUNCIL AND MAYOR
COUNCIL AND MAYOR
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
<:ITY 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
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
FINANCE
FINANCE
UNITED STATES POSTAL RESET POSTAGE
Total for Department 000
COFFEE SERVICE
INS WORKERS COMP
TELEPHONE/ JULY
Total for Department 102
FILTERFRESH
LEAGUE/MN CITIES
SPRINT
INS WORKERS COMP
MAIL MACHINE/ AUG
TELEPHONE/ JULY
STATES POSTAL RESET POSTAGE
Total for Department 105
LEAGUE/MN CITIES
NEOPOST LEASING
SPRINT
UNITED
HASTINGS STAR GAZETT AD FOR BIDS/DAK HILLS
HASTINGS STAR GAZETT BIDS/ ZWEBER LANE
HASTINGS STAR GAZETT BIDS/SALT STORAGE
HASTINGS STAR GAZETT CHAP 16 SHORELAND
HASTINGS STAR GAZETT CONST FLOODWALL/CONAGRA
HASTINGS STAR GAZETT EQUIP OPERATORS
HASTINGS STAR GAZETT GAS FRANCHISE AGREEMT
HASTINGS STAR GAZETT HAST HOME IMPROV
HASTINGS STAR GAZETT HRA SPEC MTG
HASTINGS STAR GAZETT INV PAID 2 X
HASTINGS STAR GAZETT ORD 530
HASTINGS STAR GAZETT ORD 532
HASTINGS STAR GAZETT ORD 534
HASTINGS STAR GAZETT ORD 535
HASTINGS STAR GAZETT ORD 537
HASTINGS STAR GAZETT ORD AM/ HERITAGE
HASTINGS STAR GAZETT PLOT/ARB OAKS
HASTINGS STAR GAZETT PLOT/GRISELDAS WHISPERIN
HASTINGS STAR GAZETT PRAIRIE RIDGE MUSA
HASTINGS STAR GAZETT PRLI/ IND PARK 7
HASTINGS STAR GAZETT PUB HEARING/CHAP 10.08
HASTINGS STAR GAZETT PUB HR/ LOT SPLIT
HASTINGS STAR GAZETT PUBLIC HEARING/LAND
HASTINGS STAR GAZETT REZONING RIVERFRONT ADD
HASTINGS STAR GAZETT RIVERFRONT/ PRELIM PLAT
HASTINGS STAR GAZETT SPEC USE PERMIT/MAGIC TO
HASTINGS STAR GAZETT SUBDIVIDE 1003-5 SIBLEY
HASTINGS STAR GAZETT TEMP BLDG /CLERICAL POS
HASTINGS STAR GAZETT TRANS LAND/IND PARK
HASTINGS STAR GAZETT VARIANCE THREE RIVERS PL
HASTINGS STAR GAZETT WILLIAMS 1ST
LEAGUE/MN CITIES INS WORKERS COMP
SPRINT TELEPHONE/ JULY
Total for Department 107
'"
GOVT FINANCE OFFICER SGR GAAFR REVIEW SUBSeRI
HASTINGS AREA CHAMBE JUNE LODGING TAX
2,000.00
2,000.00*
191.70
27.17
13.67
232.54*
140.46
233.58
210.93
9.50
594.47*
163.50
147.15
44.25
44.25
26.55
67.00
32.70
565.00
17.70
-66.00
115.05
141.60
212.55
81. 75
88.50
32.70
26.55
26.55
26.55
35.40
26.55
35.40
26.55
44.25
44.25
35.40
35.40
134.00
17.70
35.40
26.55
1,471. 53
13.67
3,775.95*
50.00
5,480.92
Date: 08/09/2005
Operator: BECKY KLINE
Time: 07:47:02
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 2
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
FINANCE
FINANCE
FINANCE
FINANCE
LEAGUE/MN CITIES INS WORKERS COMP
SPRINT TELEPHONE/ JULY
WORK CONNECTION INC KAISER/ WEEK END 7/24
WORK CONNECTION INC WEEK END 7/31/ KAISER
Total for Department 120
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
C-AIRE, INC. FD/ AIR COMPRESSOR MOTOR
DALCO GENERAL CLEANING SUPPLIE
DALCO GENERAL/ CH
DALCO GENERAL/ LE DUC
DALCO GENERAL/CH
LEAGUE/MN CITIES INS WORKERS COMP
MENARDS ELEC SUPPLIES
MENARDS GENL SUPPLIES
MENARDS IT COOLING RETURNS
MINNEGASCO,ACCT'S PA MONTHLY GAS/ JULY
ROOF SPEC INC PARTIAL/ FD ROOF CONSULT
SPRINT' TELEPHONE/ JULY
Total for Department 140
PLANNING
PLANNING
LEAGUE/MN CITIES INS WORKERS COMP
SPRINT TELEPHONE/ JULY
Total for Department 150
M.I.S.
M.I.S.
M.I.S.
M.I.S.
M.I.S.
INSIGHT PUBLIC SECTO CD CASE
INSIGHT PUBLIC SECTO CD CASE/ CD'S
LEAGUE/MN CITIES INS WORKERS COMP . I'
NEXTEL COMMUNICATION CELL PHONE SERVICE
SPRINT TELEPHONE/ JULY
Total for Department 160
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
DE LAGE LANDEN FINAN MONTHLY DICTATION
LEAGUE/MN CITIES INS WORKERS COMP
MID-AMERICAN SPECIAL FINGERPRINT CARDS
MILLER & HOLMES, INC SQUAD CAR WASHES
NEXTEL COMMUNICATION CELL PHONE
SPRINT TELEPHONE/ JULY
XCEL ENERGY MONTHLY ELECTRICITY/ JUN
Total for Department 201
BUILDING AND INSPECT DOWNTOWN TIRE & AUTO PICK UP / REPAIR FLAT TI
BUILDING AND INSPECT INT' L CODE COUNCIL I MANUAL/ INSP WOOD DECKS
BUILDING AND INSPECT LEAGUE/MN CITIES INS WORKERS COMP
BUILDING AND INSPECT MCES/FINANCE DEPARTM JULY SAC CHARGES
BUILDING AND INSPECT MN STATE TREASURER BAKKEN/ PLAN REVIEW CLAS
BUILDING AND INSPECT SPRINT TELEPHONE/ JULY
Total for Department 230
PUBLIC WORKS
PUBLI C WORKS
50t SIDEWALK REPLACEMENT
JIM NOLAN
AGGREGATE INDUSTRIES PEA ROCK
136.28
101.68
246.40
369.60
6,384.88*
1,073.10
635.79
-110.26
14.11
134.87
241.21
13.51
44.96
-12.86
162.33
2,000.00
42.85
4,239.61*
119.56
68.33
187.89*
9.88
19.86
42.43
109.11
27.33
208.61*
290.05
6,851. 80
407.68
125.00
788.14
692.38
36.55
9,191. 60*
7.00
40.50
240.38
24,403.50
35.00
84.00
24,810.38*
2,250.00
2,485.71
Date: 08/09/2005
Time: 07:47:03
Operator: BECKY KLINE
Page: 3
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLI C 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
PUBLI C WORKS
PUBLIC WORKS
PUBLIC WORKS
BAHLS SERVICE RECHARGE AC
BAHLS SERVICE SUPPLIES
BAHLS SERVICE TIRE CREDIT
BAHLS SERVICE TIRE LABOR
BAHLS SERVICE TlRES/ MOUNTING
BARR ENGINEERING CO. AERIAL PHOTO
BOYER FORD TRUCKS ANTENNA
BOYER FORD TRUCKS FUEL TANK
BOYER FORD TRUCKS NOZZLE
CATCO PARTS &. SERVIC FITTINGS/ CYLINDER
COMMERCIAL ASPHALT C HOT MIX
COUNTRYSIDE IMPLEMEN ROLER
ENVIRONMENTAL EQUIPM SCREEN
ENVIRONMENTAL EQUIPM SKID PLATE
LEAGUE/MN CITIES INS WORKERS COMP
MACQUEEN EQUIPMENT, U-JOINTS/ SEALS/ SLEEVE
NEXTEL COMMUNICATION WIRELESS CHARGES
NORTHWEST LASERS INC 6 TAPE MEASURES
SPRINT TELEPHONE/ JULY
XCEL ENERGY MONTHLY ELECTRICITY/ JUN
Total for Department 300
PARKS AND RECREATION LEAGUE/MN CITIES INS WORKERS COMP
Total for Department 401
MISCELLANEOUS
LEAGUE/MN CITIES INS WORKERS COMP
Total for Department 600 , .;
Total for Fund 101
PARKS AND RECREATION ACE TRAILER SALES PARTY WAGON PARTS
PARKS AND RECREATION BACHMAN I S INC TREES
PARKS AND RECREATION GRAPHIC DESIGN SAND COULEE POSTCARDS
PARKS AND RECREATION LEAGUE/MN CITIES INS WORKERS COMP
PARKS AND RECREATION MINNEGASCO, ,ACCT S PA MONTHLY GAS/ JULY
PARKS AND RECREATION SPRINT TELEPHONE/ JULY
PARKS AND RECREATION S &. T OFFICE PRODUCT NRRC NAMEPLATE
PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY/
PARKS AND RECREATION YOCUM OIL CO INC DIESEL FUEL
PARKS AND RECREATION YOCUM OIL CO INC UNLEADED FUEL
Total for Department 401
Total for Fund 200
PARKS AND RECREATION LEAGUE/MN CITIES INS WORKERS COMP
PARKS AND RECREATION MINNEGASCO, ACCT 'S PA MONTHLY GAS/ JULY
PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE
PARKS AND RECREATION SPRINT TELEPHONE/ JULY
PARKS AND RECREATION VISTAR CORPORATION CONCESSION SUPPLIES
PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY/
204.48
22.46
-53.25
15.20
54.32
29.10
29.53
757.76
13.38
224.54
1,977.17
28.89
442.11
842.95
3,342.92
1,249.05
732.17
129.41
375.73
13,268.46
28,422.09*
105.97
105.97*
2,508.29
2,508.29*
82,662.28*
42.60
536.23
22.37
1,605.09
73.59
571.70
22.84
JUN 1,905.74
998.37
784.04
6,562.57*
6,562.57*
957.54
2,899.63
38.42
122.73
895.94
JUN 3,018.81
Date: 08/09/2005
Time: 07:47:03
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 4
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
Total for Department 401
Total for Fund 201
CABLE SPRINT TELEPHONE/ JULY
Total for Department 420
Total for Fund 205
HERITAGE PRESERVATIO MIDWEST SIGN &
HERITAGE PRESERVATIO MIDWEST SIGN &
HERITAGE PRESERVATIO SPRINT
SCREE INTERPRETIVE PANEL VINYL
SCREE VINYL/ INTERPRETIVE PANE
TELEPHONE/ JULY
for Department 170
Total
Total for Fund 210
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
EMSRB MN STAR FORMS
H & H INDUSTRIES INC LIGHT BULBS
LEAGUE/MN CITIES INS WORKERS COMP
METRO FIRE, INC. FIRE TRUCK SUPPLIES
MINNEGASCO,ACCT'S PA MONTHLY GAS/ JULY
MOTOR PARTS SERVICE 1483 PARTS
SPRINT TELEPHONE/ JULY
VERIZON WIRELESS CELL PHONE CHARGES
Total for Department 210
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
LEAGUE/MN CITIES INS WORKERS COMP ,/
MOORE MEDICAL CORP. MED SUPPLIES
REGINA MEDICAL CENTE JULY SUPPLIES
SWEET COMPUTER SERVI BILLING ECM/ SUPPORT RR
Total for Department 220
Total for Fund 213
LE DUC MANSION
MINNEGASCO,ACCT'S PA MONTHLY GAS/ JULY
Total for Department 450
Total for Fund 220
PARKS AND RECREATION BRAUN INTERTEC LAKE ISABEL/ SEDIMENT SA
Total for Department 401
Total for Fund 401
HOUSING AND REDEVELO BRADLEY & DEIKE PA GARDNER HOUSE LOAN
HOUSING AND REDEVELO GARDNER HOUSE LLC FINAL DRAW REHAB LOAN
Total for Department 500
Total for Fund 402
7,933.07*
7,933.07*
13.67
13.67*
13.67*
26.94
69.17
13.67
109.78*
109.78*
125.22
179.86
5,279.53
327.20
306.98
29.75
497.31
153.76
6,899.61*
487.65
13.38
42.81
860.00
1,403.84*
~
8,303.45*
38.73
38.73*
38.73*
1,991.40
1,991.40*
1,991. 40*
187.00
35,000.00
35,187.00*
35,187.00*
Date: 08/09/2005
Time: 07:47:03
operator.: BECKY KLINE
Page: 5
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------.------ ------------------------ ------------
REPLACE LAMPS
PARKS AND RECREATION COLT ELECTRIC INC.
Total for Department 401
Total for Fund 403
Total
PURCHASE AGMT/ABDO
WORKERS COMP
TELEPHONE/ JULY
for Department 500
HOUSING AND REDEVELO BRADLEY r. DEIKE PA
HOUSING AND REDEVELO LEAGUE/MN CITIES INS
HOUSING AND REDEVELO SPRINT
Total for Fund 404
ECONOMIC DEVELOPMENT BRADLEY & DEIKE PA UBC PURCHASE/ DEV
Total for Department 180
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 407
OTTO EXCAVATING, INC REPLACE 00/3545 VILLAGE
Total for Department 300
Total for Fund 493
CONSTRUCTION BULLETI 05-3 SO FRONTAGE RD PROJ
Total for Department 300
Total for Fund 495
"
OAK RIDGE ASSISTED L 0929910000/1109 BAHLS
OAK RIDGE ASSISTED L 0929920000/1001 BAHLS
OAK RIDGE ASSISTED L 0929941000/1128 BAHLS-SP
OAK RIDGE ASSISTED L 0929950000/897 BAHLS
OAK RIDGE ASSISTED L 0929970000/874 BAHLS J
OAK RIDGE ASSISTED L 092998000/940 BAHLS
OAK RIDGE ASSISTED L 0929990000/1128 BAHLS
AUTO DOCTOR ALIGNMENT
AWWA / MINNESOTA SEC ZGODA/ FALL CONF
BATHRICK APPLIANCE ICE MAKER
BARR ENGINEERING CO. WELLHEAD PROTECTION PLAN
LEAGUE!MN CITIES INS WORKERS COMP
MINNEGASCO,ACCT'S PA MONTHLY GAS! JULY
NEXTEL COMMUNICATION WIRELESS CHARGES
PACE ANALYTICAL SERV TESTING
SPRINT TELEPHONE! JULY
TWIN CITY WATER CLIN BACTERIA ANALYSIS
XCEL ENERGY MONTHLY ELECTRICITY! JUN
Total for Department 300
Total for Fund 600
LEAGUE/MN CITIES INS WORKERS COMP
1,245.45
1,245.45*
1,245.45*
825.00
156.77
13.67
995.44*
995.44*
112.50
112.50*
112.50*
1,770.00
1,770.00*
1,770.00*
204.02
204.02*
204.02*
51.50
4.25
2,139.51
79.50
119.50
156.34
365.66
378.47
180.00
85.15
2,770.50
835.68
230.70
316.83
383.00
280.07
160.00
12,084.99
20,621. 65*
20,621.65*
1,201.89
Date: 08/09/2005
Time: 07:47:03
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 6
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
PUBLIC WORKS
PUBLIC WORKS
MINNEGASCO,ACCT'S PA MONTHLY GAS/ JULY
KCEL ENERGY MONTHLY ELECTRICITY/ JUN
Total for Department 300
Total for Fund 601
CITY CLERK
CITY CLERK
CITY CLERK
HASTINGS TIRE & AUTO TIRES/T-3
LEAGUE/MN CITIES INS WORKERS COMP
SPRINT TELEPHONE/ JULY
Total for Department 107
Total for Fund 610
PARKS AND RECREATION DOERER' S GENUINE PAR BEARING SET
PARKS AND RECREATION DOERER' S GENUINE PAR DEGREASER
PARKS AND RECREATION LEAGUE/MN CITIES INS WORKERS COMP
PARKS AND RECREATION MINNEGASCO,ACCT'S PA MONTHLY GAS/ JULY
PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE
PARKS AND RECREATION RAMSBACHER FLOOR COV BLACK COVE BASE/ ADHESIV
PARKS AND RECREATION SHERWIN-WILLIAMS LOCKER PAINT
PARKS AND RECREATION SPRINT TELEPHONE/ JULY
PARKS AND RECREATION KCEL ENERGY MONTHLY ELECTRICITY/ JUN'
Total for Department 401
!
Total for Fund 615
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
CONNELLY INDUSTRIAL REPAIR LABOR /
LEAGUE/MN CITIES INS WORKERS COMP
SPRINT TELEPHONE/ JULY
KCEL ENERGY MONTHLY ELECTRICITY/ JUN
Total for Department 300
Total for Fund 620
PUBLIC WORKS
PUBLIC WORKS
BARR ENGINEERING CO. PRAIRIE RIDGE
BARR ENGINEERING CO. RIVERWOOD H&H
Total for Department 300
Total for Fund 807
Grand Total
125.62
1,079.68
2,407.19*
2,407.19*
538.29
229.30
23.92
791.51*
791. 51 *
15.11
13.94
505.21
2,219.83
53.34
196.98
126.67
396.36
7,320.82
10,848.26*
10,848.26*
483.21
351.59
42.85
3,565.77
4,443.42*
4,443.42*
1,349.50
300.00
1,649.50*
1,649.50*
187,890.89*
City of Hastings
Parks & RecreatioD
Department
920 W 10th St.
Hastings. MN 55033
Ph: (651)480-6175
Fax: (651) 437-5396
www.cLhastings.mn.us
Aquatic Center
90 I Maple St.
Hastings, MN 55033
Ph: (651) 480-2392
Fax: (651) 437-5396
Civic Arena
2801 Redwing Blvd.
Hastings, MN 55033
Ph: (651) 480-6195
! Fax: (651)437-4940
VI-2
MEMO
Date: 8/9/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Fueling Station on Mississippi
BACKGROUND:
As discussed at a previous NRRC and Park and Recreation Committee
meetings, the navigational lights on the abandoned fuel docking station along
the Mississippi River are in need of repair. The Parks and Recreation
Department was sent a letter from the U.S. Coast Guard informing us that the
lights were to be repaired in 30 days. I replied to the Coast Guard and
informed them that we fully intend to comply, but will need more then 30 days
to conduct our research. The NRRC requested me to send a letter to Flint Hills
Resources to investigate if this company would contribute to the removal of the
fueling station. I have heard no reply from Flint Hills and the agreement does
indicate that the property is "1\.s is" condition with the exception of any PCA
issues.
The Parks and recreation Department researched the removal of the blue dock
house and barge doc~. It 1s felt the least expensive option is to repair the
navigational lights and conduct further research to the removal of the entire
structure.
ACTION:
I am requesting City Council authorize the Parks and Recreation Department to
repair the navigational lights on the abandoned fueling dock on the Mississippi
for $5,000.
VI-J
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
August 11, 2005
Authorize Amended Lease Agreement With School District at the
Hastings Civic Arena
Recommended Citv Council Action
It is recommended that the City Council take action authorizing an amendment of the
agreement with Hastings School District #200 as it relates to the Hastings Civic Arena,
and their annual contribution towards the construction of the 2nd Ice Sheet.
Backe:round
The attached agreement dated January 7, 1998 illustrates the School District's
responsibility to make payments on an annual basis in the amount of $23,267 for their
share of the 2nd Ice sheet that was constructed at the Hastings Civic Arena. By calling of
the Civic Arena Bonds, the City will save $221,113 in future interest payments, and the
School's Proportion of that amount is projected at $77,389.38. The yearly payment for
the School District until the year 2017 is projected to be reduced by $6449.11 a year.
Staff is working on the language to the amendment to the agreement that would result in
the School District's payment being set at $16,818 per year, and furthermore allowing
payment of that amount to be "rolled" into the hourly ice time rental, with the number of
hours ofice time rental projected at 360. Should that number of hours fluctuate, the
annual payment would be reconciled accordingly to assure that the actual amount paid by
the School District for the 2nd Ice sheet would be set at $16,818. Once the final language
ze app~Priate City and School officials will sign the document.
David M. Osberg
City Adminis or
Agreement Between the City of Hastings
and Hastings School District #200
Regarding Financing of The 2nd Ice Sheet at
the Civic Arena
WHEREAS, at its meeting on July 21, 1997 the Hastings City Council took action awarding the
sale of bonds for the City of Hastings and Hastings School District #200 for the Civic Arena
improvement project;
WHEREAS, the bond sale in the amount of $815,000 was awarded to a group of investment
firms, led by Norwest Investment Service;
WHEREAS, the joint effort by the City of Hastings and Hastings School District #200 to
collaborate on this financing package has been with the understanding that the City would contribute
$500,000 (2/3) and Hastings School District #200 would contribute $250,000 (1/3), plus the cost of
financing, for the cost of the Civic Arena improvement project for the second ice sheet;
WHEREAS, total payments made over a twenty year period will equal $1,329,597.50;
WHEREAS, the total payment amounts will fluctutlte each year, and the City of Hastings will
b~ making 2 payments each year; .
The City of Hastings and Hastings School District #200 h~reby agree as follows:
.
1.) Hastings School District #200 agrees to make payment in the amount of $23,267 on January 1 of each
year beginning January 1, 1998, and continuing through and including January 1,2017.
2.) The City of Hastings agrees to allow Hastings School District #200 to retain the option of making
payment of the remaining balance at any time during the life of the bond payment schedule.
3.) The City of Hastings agrees to notify Hastings School District #200 by December 1 each year
preceding the payment due date.
r;).~ .4, ~
Donald May
Chair
'/7/'18'
Date
Michael D. Werner
Mayor
~ !b~/~
Jo ce i?;ruitt
City Clerk
1/7j9V
Date
Wayn augen
Superintendent of Schoo
_~~'~.1
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.
VI-4
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
August 11, 2005
Lower St. Croix Watershed District Joint Powers Agreement
Recommended City Council Action
It is recommended that the City Council take action approving the attached Lower 8t.
Croix Watershed Management Organization between the City of Afton, City of Cottage
Grove and Denmark Township.
Backeround
The City of Hastings previously made a commitment to be a party to the Lower St. Croix
Watershed District, which includes the small portion of the City of Hastings, north of the
Mississippi River. This agreement has previously been approved by the other three
parties to the agreement, and the City of Hastings is now being asked to do the same.
Note that Hastings will have an ex-officio member of the Board of Commissioners, due
to the fact that the City of Hastings is not responsible for the operating budget. The
portion of the operating budget owed by the City of Hastings will be paid by Denmark
Township, since it represents less than one percent of the watershed. The City of Hastings
shall be given written notice of any improvement projects and shall have the ability to
vote on capital improvement projects in the area geographically in the City of Hastings.
Any project that is proposed in or outside of the City of Hastings, in which the City of
Hastings would be expected to help finance, would result in the City of Hastings having
the opportunity to vote on the proposed capital improvement project.
~;~1
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WHEREAS, the Parties may jointly exercise common authority by adopting a ,:r~~~:
~(,1,
06/03/2Q05 14:50 rAX 651 735 6746
LAW Ur'f'l(';J;:;:)
JOINT POWERS AGREEMENT
BETWEEN
CITY Of AFTONi . ,MINNESOTA
CITY OF COTTAGE GROVE, MINNESOTA
TOWN OF DENMARK"MINNESOTAfIItI
GI~'aj1'.Ir, ~'tI!I'a!:
q..~",...U!Uf\C~~;!I~~. ~~~
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.' iI if,.!., ~" d"~,~,'
EST ABLISHlNG AND EMPOWERJNG THE
LOWER ST, CROIX V A:hLPY
WATERSHED MANAGEMENT ORGANIZATION
~q~~ by and between the TOWN OF DENMARK, the-CITY OF AFTON) l1I~d the CITY
OF COTTAGE GROVE, ~...,
the "Parties", all local govemment units in Washington __!Counties, Minnesota.
joint powers agreement pursuant to M.S. 471.59; and
WHEREAS, by means of a joint powers agreement, the Parties may establish a water
management organization pursuant to M.S. 1 03B.211; and
WHEREAS, a portion of eacn Party's territory lies within the geographical area
19J UUl
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hereinafter referred to as the "Watershed" which watershed is illustrated and described on ':: ;:,
"Exhibit A" attached hereto; and
WHEREAS, each of the Parties is desirous of jointly creating a watermanagetnent
organization that would adopt a watershed management plan to preserve and use natural water
storage and retention systems, where possible, in order to:
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LAW OFFICES
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06/03/2005 14:50 FAl 651 735 6746
'.'1'
....
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a.
protect, preserve, and use natural surface and groundwater storage
and retention systems,
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b.
minimize public capital expenditures needed to correct flooding and
water quality problems,
c.
identify and plan for means to effectively protect and improve
surface and groundwater quality,
,
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d.
establish more tmifonn local policies and official controls for
swface and groundwater management,
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e. prevent erosion of soil into surface water systems,
f.
promote groundwater recharge,
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b"
protect and enhance fish and wildlife habitat and water recreational
facilities, and
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secure the other benefits associated with the proper management of
surface water within the Watershed.
","1",
NOW, THEREFORE, in considerat'ion of the mutual undertakings herein expressed, the Town of '
, ,
,/
Denmark, City of Afton~ City of Cottage Grove :' ...
agree as follows:
SECTION I
ESTABLISHMENT OF WATERSHED MANAGEMENT ORGANIZATION
. "
,
The Lower 81. Croix V.tiIC) Watershed Management Organization is hereby established; the
, "
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operation of the Organization shall be subject to the tenns and conditions of this Agreement. The '::.'
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Organization shall be a public agency of the Parties. t~~
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SECTION n :f,::~
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DEFINITIONS
"'t'
For purposes of this Agreement, the tenus used. herein shall have the meanings as defined in this
section.
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O~/03/2Q05 14:50 FAX 651 735 6746
LAW OFFICES
Subdivision 1. The "Organization" means the Watershed Management Organization
. established by this Agreement.
Subdivision 2. "Board" or "Board of Commissioners" means the governing body of the
Organization.
Subdivision 3. "Watershed" means the geographical area described and/or illustrated on
"Exhibit A" attached and made a part of this Agreement
Subdivision 4. "Commissionerll means a roember of the Board ofConnmssioners.
Subdivision 5. "Capital Improvement Program" means an itemized program for at least a
five-year period and any amendments to it, subject to at least biennial review, setting forth. the
schedule, timing and details of specific contemplated capital improvements by year, together with .~;
their estimated costs, the need for each improvement, financial sources for the payment of such
improvements and the financial effect that the program wi11 have au. the Parties or the
Organization.
Subdivision 6. "Local Water Management Plan" means a plan adopted by the Town of
Denmark, City of Afton~1 City of Cottage Grove :'~
U~'I
ursuant to M.S.
103B.235.
Subdivision 7. "Watershed Management Plan" means a plan adopted by the organization
p\trsuant to M.S. 103B.231.
Subdivision 8. "Proportionate Share" means that portion of the total sum required that
each Party's tax capacity of real property lying within the Watershed bears to the tax capacity of
all real property lying within the Watershed. Part of the proportionate share may include property
owned by the State of Minnesota.
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06/03/2005 14:51 FAX 651 735 6746
LAW OFFICES
~005
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Subdivision 9. "Subwatershed" means a hydrologic area less than the entire area under the
jurisdiction ofthe Organization.
Subdivision 10. "Regional Project" means a capital improvement project that
benefits more than one Party, involves several subwatersheds and impacts more than one water
body of regional importance as defined in the Watersbed Management Plan.
SECTION ill
BOARD OF COMMISSIONERS
Subdivision 1. Appointment. The Organization shall be governed by a three (3) member
Board of Commissioner
Commissioner eing appointed by each of the Parties. Each Party may appoint an
alternate Commission member to serve in the event tbat the regular member is unable to attend.
Subdivision 2. Eligibility. Each Commissioner or alternate Commission member may be
elected or appojnted by each of the Parties.
Subdivision 3. Term of Office. Each Commissioner shall be appointed for a term oftJ1ree
years.
Each Commissioner shall be entitled to serve the full tern of three years for which he or
she was appoi.nted, subject only to removal by the appointing Party for just cause in accordance
with M.S. I03B.227, Subdivision 3. Just cause includes, but is not limited to, failure of a
Commissioner to attend three of any four consecutive meetings of the Board of Commissioners,
including both regular and special meetings. In the eveJ1t a Commissioner is removed from office
under these conditions, the Party causing the removal shall appoint a new Commissioner to
complete the term of the removed COl1unissjol1er. A Comurissioner's term shall expire on his or .
4
06/03/2005 14:51 FAX 651 735 6746
LAW OFFICES
~006
her death. voluntary resignation or, in the case of an elected official. his or her ceasing to be an
elected officiaL
In the event a Conunissioner is removed from office under these conditions, or upon
expiration ofthe tenn of a Commissioner, the appointing Party shall appoint a new commissioner
within ninety (90) days of when the vacancy occurs. The appointing Party shall publish a Notice
of Vacancy at least fifteen (15) days prior to the appointment in its legal newspaper. The notice
must be published at least once in a newspaper of general circulation in the Watershed and must
state that persons interested in being appointed to serve on the Board may submit their names to
the Party for consideration all in accord with M.S. l03B.227.
The Organization shall notify the Board of Water and Soil Resources of member
appointments 2nd vac~c1es within thirty (30) days.
Nothing herein shall be deemed to require a Party to remove a Commissioner under any
circumstances.
Subdivision 4. Vacancv. AIly vacancy shall be filled for the unexpired term of any
Commissioner by the Party who appointed said Commissioner.
Subdivision 5. Record of Appointment. Each Party shall, ~ithjD thirty (30) days followiug
the appointment of a Commissioner, file a writ'ten notice of such appointment with the SecretaIy
of the Board.
Subdivision 6. Compensation. Each Party shall detennine the rate of compensation, if
any, of its Commissioners.
Subdivision 7. Officers of the Board. At the first meeting of the Board and in January of
each year thereafter, the Board shall elect from its Commissioners a chairperson. a secretary, a
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III 007
treasurer and such other officers as it deems necessary to conduct its meetings and affairs. Each
officer so elected shall serve until January 1 st of the subsequent year, or until a respective
successor is selected and qualifies.
Subdivision 8. Rules of the Board. Except as hereinafter provided. Board action shall be
by a majority vote of the entire Board. The Board shall use Roberts Rules of Order in the
conduct of its meetings.
Subdivision 9. Adoption of Rules. The Board may adopt rules and regulations and may
amend such rules and regulations !rom time to timl iu either a reguJar or special meeting of the
Board provided that notice of such proposed role, tgulatiOn or amendment has been given to
each Commissioner at least ten (10) days prior to the meeting at which the proposed amendment
will he oonsidered. A majority vote of the entire lard shall be necessary to adopt or amend sueb
rules and regulations.
Subdivision 10. Quorum. A majoriIfthe entire Board shall constitute a quorum,
but less than a quorum may adjourn a scheduled m ting.
Subdivision 11. Pr01ect Recommendltions. Board recommendations regarding
capital improvement projects sball require a two-tds (213) majority vote by the entire Board.
Subdivision 12. Meetings. Regular meetiu.gs of the Board shall be held at such
times and dates as established by the Board. ~g dates, times and locations will be posted in
each Party's town or city hall. Special meetings may be held at the request ofthe Board Chainnan
or at the request of any two Commissioners providL that sueb special meeting shall be preceded
I
by not less than three (3) business days posted and mailed or delivered notice to the residence of
each Commissioner. All meetings of the Board shall be subject to the provisions of the Minnesota
6
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~008
Open Meeting Law.
Subdivision 13. Location of Board Office. The Board shall maintain a business
office at an address agreeable to the Board. All notices to the Board shall be delivered or served
to such office. The Organization shall compensate the Parties for their respective services
rendered to the Organization in conjunction with the maintenance of the Board Office.
SECTION IV
WATERSHED MANAGEMENT TAX DISTRICT
Each party may establish a watershed management tax district for the portion of its community
boundaries which lie within the Watershed pursuant to the provisions of M.S. l03B.245. Neither
the provisions of this Agreement nor the establishment of a watershed management tax district
shall prevent the Parties tTom electing to finance capital improvements within the Watershed by
other means, such as establishing a storm water utility.
SECTION V
POWER AND DUTIES OF THE BOARD OF COMMISSIONERS
Subdivision 1. Organization. The Organization, acting by its duly appointed Board of
Commissioners, shall have the powers and duties set forth in this section.
Subdivision 2. Watershed Management Plan. The Board shall prepare a Watershed
Management Plan pursuant to M.S. l03B.231 for the Watershed, which shall be submitted to the
parties for comment The Plan shall:
a. describe the existing physical environment, land use and
development in the Watershed and shall further describe the
environment, 13J.)d use and development proposed in the existing
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Comprehensive Plans for each of the Parties;
b. present infonnation on the hydrologic system in the Watershed, the
system's components and existing and potential problems relating
thereto;
c. state objectives and policies, including management principles,
alternatives and modifications, water quality and protection of
natural characteristics;
d. set for1h a management plan including the hydrologic and water
quality conditions that will be sought and. significant opportunities
fOT improvement;
e. describe conflicts between the Watershed Management Plan and
existing plans of the Parties;
f. identify high priority areas for wetland preservation, enhancement,
restoration and establishment and describe any conflicts with
wetlaods and land use in these areas;
g. set forth an implementation program consistent with the
management plan which includes a capital improvement program
and standards and schedules for amending the Comprehensive Plans
and official controls of the Parties in order to bring about
confonnance with the Watershed Management Plan for the
Watershed;
h. set O\1.t procedures and timelines for amending the Watershed
8
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~OlO
Management Plan.
Subdivision 3. Operatine: Budget. On or before July 1st of each year, the Board shall
prepare all operating budget for the following year for the purpose of providing funds to operate
the Commission's business.
'"'-''Oi!~~IIiV'''
~i1:u1e:: '0 '.
.~:t~,,,.,.,,,.,,,..
e operating budget shall be submitted to the Parties for comment
and approval. The operating budget must be approved by a majority of the
I.' 1I!I1!.UQ~lIlll~IIU"n'
, , ,~,~xim~i!. The budget shall be approved by the Board
pursuant to Section ill Subdivision 8 hereof. The Secretary shall certify the approved budget on
or before September 2 of each year to each of the Parties, until such time as special legislation is
passed which would allow the Secretary to certify the approved budget to the auditor of
Washington County. Upon authorization by law, the Secretary shall certify the approved budget
to the Washillgton County Assessor. The Secretary shall certify the budget to the clerk of each'
member governmental unit together with a statement of the proport'ion of the budget to be
provided by each member. Each member shall pay one-half of their portion of the annual
operating budget by July 31 and the balance on December 31 of each year.
Each of the Parties agrees to contribute each year to a general f1.lI1d, said fund to be used
for general adminis1ration pwposes including, but not limited to: salaries, rent, supplies,
development of an overall plan, engineering and legal expenses, insurance, and bonds and to
purchase and maintain devices to measure hydrological and water quality data. The parties will
reach an agreement on their respective percentage and on an initial basis the Town ofDenm.ark
will pay 67 percent ofthe alIDual operating budget, the City of Afton will pay 21 percent of the
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[lIOll
annual operating budget and the City of Cottage Grove will pay 12 percent of the annual
operating budget. In the event that the parties cannot come to aD agreement, the armual
contribution by each member shaH be based fifty percent (50%) on the net tax capacity of aJl
property within the watershed and fifty percent (50%) on the basis of total area of each member
within the boundaries of the watershed each year to the total area in the Lower St. Valley
Watershed Management Organization governed by this Agreement. In 110 event shall any
assessment require a contribution for general fund purposes to exceed one-half of one percent of
the net tax capacity of]allds within the watershed.
Subdivision 4. Board Authoritv. The board shall have:
a.
watershed .
IOJD.911 to Adopt a. bud~'t &1<1 dCGid", AU. tll(, 1ut41 CLUluuut nlJG.~~.uJ to bl;;; l~.scd to opClatG the
'^' cllGI Ma1.AgGtn",lit OJ.~.'UJ.d..rt~on,
b. the .mth~)Iit) of a. wa.teJ.~hed dil:lh~",t \'uld"'l M.S. 1 OJD.?l 5 to ecrtif)
i~ b1:ld~Gt with the. ~u.diwr ()f W...J1illgton CO......lt), t:l.pOll f'l1~~.:\g", of
~fJcd,tllcE;~!IAtion;
'-. th.::. .11:lthority of a. wa.te!5hM J.;,~h~",t W:l~r M.S. 1 OJD.90 1 tv LIe
.!pf'Iv w cd ~5e!!al'n.t sl..!ct~.nCLl~ with W MihingtoA Co'tmty;
d. the .1l1thorit.1 of a. mtcrshcd <h$b:~a tl.d&~ M.S. lOJD to regulate;
d('wG.lvptllcat A:lld age of lands thio1:lt;h th~ ~'hOm:ttl~~tion and
aJopt;OI { uf roles.
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~012
St:lbdivi!~OLl5. CoWttM L1lOLoY(.La~ut6 PLU;~(.ts_~~(;.~~I1;II!!k:
.~I!F.rj5H::aF1it'( ,
'";~~~
i\I:!~.r.[. i,ti""~!\oo:F"::!1\:~~"'
:~'lr~:: ...1:, ,~~~t,~~: It ~~~fi' ::j4;, t\
t::~"i\1"'\"I"""."" ",!,."I:J:Ii\~lb'
I:: :~~~~~rr.~~3~: r.i:~~~i~~~,i.
'''''''~':.':~1:~
. X;'
..'" ..,,1";
~'
""""'T"'''''~:J.'I'
JI',~,t::" I~,II .~.",
:~~Ji.1tl,~:r~ ".~~:f:...
:~j,,~~'f.~1;f:'rJ~~~~1!::~!'~~~
tl.:\:::JmWfI()> .. ~~"'l,.~~fi~MI\~~~
"""'~q_.' .'''''~. ,..."'....';;)1\1'=.
'f" '0 ,"'". 1ft II; ,....VaJ!j It
: "!'i'" ... \~ .... .....:.... ...~: to
11
06./03/2005 14:52 FAX 651 735 6746
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~013
, ".1.1." m'~' .,M.tG....'i'.j' ,
.,,,,,'t',." """"""!!: "'" - '~'I ...OJ! ..iJ!i'
~~: J~J.i:~\~'...'" :r,'U', \ ,~':~' '" I .u I )1
"'.'.~"""''''''I...I~'oI~I~1I1 .. .."...,m .P.Ai!.. ~J.Io"". '.
"'i~~~'" ,r,\'~'~'f.$'''~';''rJI"'\'-~ii'~~~i1l1' .3'ji';:'~~~~' :~r , I
I."U.~~' "!!f. fl I ,: ~..t..~u.""~ . "'~ 1 '. !a't~ " '1.
t "II.. ,ltd'" t .......IHIWl'... If, It\) j ',/ J' ,
.~j;r:!:r.r.~J:.1:~ij1t"l;'iliH.am~, ~\ ,
/:,>~', """ '.\ ". '"~...'"
,.:, 'I' '"~ .., (l,:,.('.ttf.. I
~*~j'~'i ?
~IY~C:W!:P21!l" t\ ~
""~~~jtot"";,~r.t'. f lElJD.991 to file. appro\,cd .165t;t,;:'li.1C!!t !1.ltement!
("";~1~\\ "..
~ilJ~ \VASbingtClH COI1:l.ty,
d. the. 3:tltholity of a wMcnh,d district't:mdeJ. M.S. lOJD to lc,gttlat<.
dc.vc1op.alGtit md tis," ofl~ ths:Ottgh thG j:ho.at\11gation and
adoption of 1I11~.
12
U~/UJ/~UU~ 14:a~ tA!. tlal IJa tl14t1
LAW Ur'r'll,,;.t:::~
ItJ014
S tlbd~ y i.sioll 5. ClA.uttal LI,Drov(,~n"Jtts Proi \Xt5.
..m";""'afj"J' . ""!>G'.~" .~m~ !,
, ,.'t \I. n...... . " .t....');.t . "~r.,.t\., 1~, . . , ',1'
t~:"4,~ ~~. .~r.~J;~)~:'\ 'P~:~~.: ...c. t' ......... .t. .~. ..'J:.. .
""p',,;;g1~ml.~iifIP~I!!
ft~ __ 1"_ _" w,::".!1PJPJD
- '''')''''~.mi;'''''''
:::'14:. ~r.. '. . F8;!E~' . .0 .,.,~
~t~~~n'~:~.v:..~~~.., . t~., ~
,oj. ~ !fi~ On or before July 1st of each year, the
Commission shall prepare a capital improvements program for the purpose of funding
improvements within the watershed. ',.""
pmFSge~~~~~~'lt1.
..J;..qJ",,, '~;'" .~t...
e capital improvements program
shall be submitted to the Parties for comment. CapitaJ improvements may be funded by a
responsible party or responsible Parties as it or they may choose. In the absence of a contrary
agreement, capital improvements shall be funded pursuaut to Minnesota Statutes ~ 103B.251 by a
county ad valorem tax levied within the Watershed.
The Organization shall apportion the costs of the capita] improvements on the following
basis:
1. A negotiated amount to be arrived at by the members who have lands in the subdistrict.
It is anticipated that most capital improvements will be made under this provision; or
2. (a) Fifty percent of all capita] costs or the financing thereof shaU be apportioned to
each member on the basis of the net tax. capacity of each member within. the
boundaries ofthe watershed each year to the total net tax capacity in the Lower St.
Croix Valley Watershed area governed by this agreement.
(b) Fifty percent of all capital costs or the financing thereof shall be apportioned to
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141 015
each member on the basis of the total area of each member within the boundaries
of the watershed each year to the total area in the Lower St. Croix V c111c.y
Watershed governed by this agreement.
(c) Capital costs allocated under the 50% area-50% net tax. capacity fomlUla herein
set forth may be varied by the Commission by a 2/3 vote of all eligible members if:
(1) any member community receives a direct benefit from the capital
improvement which benefit can be defined as a lateral as well as a .
trunk benefit, or
(2) the capital improvement provides a direct benefit to one or more
members which benefit is so disproportionate as to require in a
sense of fairness a modification in the 50/50 formula.
(d) Credits to any member for lands acquired by said member to pond or store
storm and surface water shall be allowed against costs set forth in Subsections I or
2 of this Subdivision and if the project is constructed and financed pursuant to
Minnesota Statutes 1 03B.25l, the members understand and agree that said costs
will be levied on all taxable property in the watershed district as set forth in the
statute.
The Organization may participate in the funding of capital improvements using special
assessments to benefitted properties, levies for one or more taxing districts andlor fees based on
contributing waters only to the degree of specificity defined in the capital improvement program
of the Water Management Plan.
Subdivision 6. Review and Recommendations. TlIe Board shall review and make
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~016
recommendations where the Board. is authorized or requested to review and make
recommendations on any matter submitted to the Watershed Management Organization.
Subdivision 7. Data. The Board may establish and maintain devices for acquiring and
recording water quality and hydrological data within the Watershed.
Subdivision 8. Right ofEntIv. The Board or its authorized agents may enter upon.1ands
within or without the Watershed to make surveys and investigations to accomplish the pmposes
ofthe Board. Except to investigate violations ofpennits or in cases of emergency, entry upon
lands within and without the watershed shall be upon permission of the land owner or upon 24
hours written notjce from the Board. The Board shall be liable for actual damages resulting
therefrom, but every person who claims damages shall serve the Chairperson or Secretary of the
Board with a notice of cIa)})') as required by M.S. 466.05.
Subdivision 9. Legal and Teclmical Assistance. The Board may provide legal and
teclmical assistance in connection with litigation or other proceedings between one or more of its
members and any other political subdivision, commission, board or agency relating to the planning
or construction of facilities to drain or pond storm waters within the Watershed. The use of
Board funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of
the members of the Board.
Subdivision 10. Professional Services. The Board shall every two (2) years solicit interest
proposals for legal, pTofessional, or techl1ical consultant services before retaining or extending the
services of an attorney OT consultant or extending an annual services agreement. The Board may
secure legal, professional or teclmical services for specific projects not to exceed an expenditure
..
of $5,000.00 without solicitation of proposals.
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~017
Subdivision 11. ReseTV'e Funds. The Board may accumulate reserve funds for the
purposes herein mentioned and may invest funds of the Board not currently needed for its
operations in the manner and subject to the laws of Minnesota applicable to statutory cities.
Subdivision 12. Monies Collectable. The Board may collect monies, subject to the
provisions of this Agreement, from the Parties and from any other source approved by a majority
of the Board.
Subdivision 13. Contracts. The Board may make contracts, incur expenses and make
expenditures necessary and incidental to the effectuation of these puzposes and powers al1d may
disburse therefore in the manner hereinafter provided. Every contract for the purchase or sale of
merchandise, materials or equipment by the Board shall be let in accordance with the Unifonn
Municipal Contracting Law. No member or employee of the Board or officer or employee of any
of the Parties shall have a direct or indirect financial interest in any contract made by the Board.
Subdivision 14. SurveyS. The Board may make necessary surveys or utilize other reliable
surveys and data and develop projects to accomplish the purposes for which the Board is
organized.
Subdivision 15. Other Governmental Units and Agencies. The Board may cooperate or
contract with the State of Minnesota. or any subdivision thereof or Federal Agency or private or
public organization or person to accomplish the purposes for which it is organ;zed.
Subdivision 16. Storm and Surface Waters. The Board shall regulate, conserve and
contToJ the use of stonn and surface water within the Watershed pursuant to its adopted plan.
Subdivision 17. Insurance. The Board shall purchase insurance in order to cover the
Commissioners) Board and Parties in an amount sufficient to satisfy the liability limitations as set
.~.
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I4J 018
forth in Minnesota Statutes, Chapter 466. The Board may also purchase such other insurance as
the Board deems necessary for the protection of the Organization, Conunissioners or Parties.
Subdivision 18. Amendments. The Board may recommend changes in this Agreement to
the Parties.
Subdjvision 19. Other Powers. The Board may exercise aU other powers granted to joint
powers watershed management organizations by Minn. Stat. ~~ 1038.201 through 103B.211, as
such laws may be aroended in the future, except as explicitly restricted or limited in this
agreen1ent.
Subdjvision 20. Gifts. Grants. Loans. The Organization may, within the scope of this
Agreement, accept gifts, apply for use grants or loans of money or other property from the United
States, the State of Minnesota or other governmental unit or organization or from any person or
entity for the purpose described herein and may enter into any reasonable agreement required in
connection therewith; it shall comply with any laws or regulations applicable thereto; and it shall
hold, use and dispose of such money or property in accordance with the terms ofthe gift, grant,
loan or agreement relating thereto.
Subdivision 21. Citizen and Technical Advisorv Committees. The Board shall establish
citizen and technical advisory committees OT other such conunittees as it deems necessary.
Subdivision 22. Administration. The Board may contract with any of the Parties or to
have any of the Party's staff personnel perform clerical functions for the Board such as
accounting, record keeping, maintaining of accounts or other administrative duties which the
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141019
Board may specify. The Board may contract or hire staff, as needed, to perform any functions
mentioned herein.
SECTION VI
DURATION
Subdivision 1. This agreement shall remain in effect until terminated by any of the Parties
hereto according to the provisions set forth in Subdivision 2 of this SectiOl1. At least 90 days
prior to tcnnination, the organization must notify the Washington County Board of any jmpending
termination so that the responsibilities for implementing M.S. 103B.201 to 103B.251 are provided
for j1) an orderly manner.
': i:! .~;:~ may petition the Board to
dissolve the agreement. Upon 30 days' notice in writing to the clerk of each Party, the Board shall
hold a hearing and upon a favorable vote of 2/3 of the Commissioners, the Board may by
resolution recommend that the Watershed Management Organization be dissolved. The
resolution shall be submitted to each member community and if ratified by 2/3 (2 out of 3 units of
government) of the member communities within 90 days, the Watershed Management
Organization shall dissolve. The Board shall complete work in progress and dispose of personal
property owned by the Watershed Management Organization within the 90 day period
Subdivision 3. Upon dissolution of the Organization, all property of the Organization shall
be sold and the proceeds thereof: together with the monies on hand, shall be distributed to the
'"
Parties in proportion to the contributions made by each to the Organization.
18
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I4J 020
"
SECTION vn
ARBITRATION
The Parties to this Joint Powers Agreement agree that any controversy that cannot be resolved
between the Parties and the Organization shall be submitted to binding arbitration. The Uniform
Arbitration Act (Minnesota Statutes Sections 572.08-572.30) is adopted by the Organization as
the authority to be followed in submitting all controversies to arbitration. The results of the
arbitration shall be binding on the Parties and the Organization. Arbitration shall be by a panel of
three arbitrators. The Parties and the Organization shall each select one arbitrator to represent its
position in the controversy_ The two axbitrators shall theu select a third arbitrator and, in the
event they are lUlable to agree on a third arbitrator, either side may petition the District Court to
appoint a third arbitrator. Thereafter, arbitration shall proceed as outlined in the Uniform
. .."''''....I.,~''~"'!Il!!l!J!!2::I.'T....~;rn" ""'!
. . f,1'" .';ioi , ,. "P.::J;i;U;::;tJ,"W; '" ""."c
Arbitratton Act.,,:;;~i~~~' ~11:i\!t~"!:r.::,.~j:;:,::1! : :~~&,
SECTION vm
EFFECTIVE DATE
This agreement shall be in full force and effect after the date of execution of the same by
authorized representatives of the Parties.
IN WITNESS WHEREOF, the ToVlJl of Denmark, City ofAfton~ City of Cottage
I, 'I'; ~ .
. . ." '~tnave herelUlto set their hands the day and year first above wntten.
TOWN OF DENMARK
CITY OF AFfON
BY
BY
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LAW Ut.t'J.I.,;J::;;)
~....._...
CITY OF COTTAGE GROVE
BY
This agreement was drafted by:
Kevin K.. Shoeberg
KEVIN K.. SHOEBERG, P .A.
1805 W oodlane Drive
Woodbury, MN 55125
651.735.9340
20
VI-5
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councllmembers
Dave Osberg, City Administrator
August 11, 2005
Authorize Signature of the CDBG Sub-recipient Agreements
Recommended City Councll Action
It is recommended that the City Council take action authorizing the signatures on the
attached subrecipient agreement between the Dakota County Community Development
Agency and the City of Hastings for the 2005 CDBG program year.
Back2round
A copy of a cover letter from the Dakota County Community Development Agency is
enclosed outlining the background information on the CDBG Sub-recipient agreement.
Staffhas also included a copy of the actual agreement. The supporting documentation
from HUD is not included>> due to the significant size of the document. Should any
member of the City Council wish to review the document>> please let me know, and
amngements will be made to do so.
!
,;
CD~ Dakota County
Community Development Agency
. . . . . . . . . . . . . . . . . . . . . .
MEMORANDUM
TO: Dakota County CDBG Subrecipients
FROM:
Dan Rogness \;:j2-
Department of Community Revitalization
DATE:
RE:
July 29, 2005
CDBG Subrecipient Agreements - Program Year 2005
.'
Please find enclosed a copy of your Sub recipient Agreement for the Community
Development Block Grant (CDBG) program during Fiscal Year 2005 (July 1,
2005 through June 30,2006). This agreement is necessary for every city or
township that directly administers a CDBG-funded activity. The agreement only
covers those activities that you directly administer, so it will not necessarily
include all CDBG funding that you receive (Le., housing rehab is administered by
the CDA). You must also execute a simnar agreement between yourself and any
other organization that administers a CDBG-funded activity on your behalf.
,
This agreement is similar to the one executed last year with one exception. The
section on General Conditions (VII) has an expanded description related to
timeliness of expenditures and project schedules (VII-A). The CDA is continuing
to emphasize the need for all Subrecipjents to expend CDBG funds within a
reasonable time frame. You will also notice that your own expenditure ratio is
provided within this section. Each Sub recipient should attempt to have its own
ratio no higher than 1.5 by May 1, 2006.
Please sign and return this agreement by August 31, 2005. CDBG cost
reimbursements will not occur until it is fully executed. It is up to each
Sub recipient whether or not city council action is necessary prior to execution;
the CDA does not require council action. I am including only one original copy
for your signature; please copy and sign two copies if you would like to have an
original for your records. Otherwise, I will send you a copy of the agreement
once it is fully executed by yourself and the CDA.
Don't hesitate to contact me at 651-675-4464 if you have further questions.
Enclosure
cc: Mark Ulfers, CDA Executive Director
1228 Town Centre Drive · Eagan, MN 55123-1066
teI651-675-~400 · fax 651-675-4444
SUBRECIPIENT AGREEMENT
DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA)
AND THE
CITY OF HASTINGS
THIS AGREEMENT entered into this _ day of , 2005 by and between the
Dakota County Community Development Agency (the "Grantee") and the City of Hastings
(the "Subrecipienf).
WHEREAS, the Grantee is the administering agency for funds received from the United
States Government under Title I of the Housing and Community Development Act of 1974,
Public Law 93-383, to Dakota County as an Urban Entitlement County under the Community
Development Block Grant (CDBG) Program; and
WHEREAS, the Grantee wishes to engage the Sub recipient to assist the Grantee in utilizing
such funds.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the Grantee and Subrecipient agree as follows:
,
I.
TIME OF PERFORMANCE. Services of the Sub recipient shall start on the first day
of July 2005 and end on the last day 6f June 2006. However, this Agreement
remains in effect until it is replaced by a subsequent Subrecipient Agreement.
/'
.'
II. NATIONAL OBJECTIVES. The Subrecipient will provide documentation to certify
that the activities carried out with funds provided under this Agreement (the
"Activities") will meet one or more of the CDBG program's national objectives,
including: (1) benefit low/moderate income persons, (2) aid in the prevention or
elimination of slums al1d blight, and (3) meet community development needs having a
particular urgency, all as defined in 24 CFR Part 570.208 (Exhibit A).
III. FEDERAL COMPLIANCE. The Subrecipient agrees to perform all the tasks
enumerated below in a manner which will meet or exceed the terms and conditions
imposed upon the Grantee in administering the CDBG program and in the terms and
conditions stated in the Authority to Use Grant Funds effective June 24, 2005; the
Dakota County Anti-Displacement Policy; and the Subrecipienfs portion of the
Activity Statement included in the annual Action Plans, copies of which are attached
as Exhibits B, and C, and 0 respectively. The Subrecipient shall carry out each
Activity in compliance with all Federal laws and regulations described in Subpart K
(Exhibit E) of the regulations with the exceptions outlined in Section III (E) below.
A. Citizen Participation. Comply with all HUD citizen participation
requirements.
Hastings 2005 Subredpient Agreement
Page 2 of 11
B. Federal ReQulation Compliance. Ensure program compliance with the
following federal regulations:
"
1.
Historic properties (the National Historic Preservation Act of
1966).
2.
Noise (HUD Handbook 1390.2 Noise Abatement and Control,
Department Policy, responsibilities and standards, 1971).
Flood Plain (Flood Disaster Protection Act of 1973).
3.
4.
Coastal Zones and Wetlands.
5.
Air Quality (Clean Air Act).
Water Quality (Federal Water Pollution Control Act).
6.
7.
Wildlife Act (Fish and Wildlife Coordination Act).
8.
All other Federal Acts or Regulations and requirements of HUD,
including but not limited to Executive Order 11246 prohibiting
discrimination in employment contracts, and directing
government contraots to establish and maintain affirmative
action.
. .
C. ACQuisition and Relocation. Ensure that all Activities comply with all
aspects of UnifornyRelocation Assistance and Real Property
Acquisition Policies Act of 1970 (as amended) and the Dakota County
Anti-Displacement Policy.
D. Compliance with Federal Labor Standards. Ensure compliance on all
applicable Activities with' Davis-Bacon and Related Acts, the Contract
Work Hours and Safety Standards Act, the Copeland Act and the Fair
Labor Standards Act as outlined in 29 CFR Parts, 1 J 3, 5, 6, and 7
(Exhibit F).
E. Environmental Review. The Grantee shall insure that all Activities
comply with environmental review requirements, unless otherwise
stated herein. This would include the Grantee's completion of a study
and assessment of each Activity in conformance with the National
Environmental Policy Act of 1967. The Subrecipient shall furnish the
Grantee a copy of any updated environmental report. The Subrecipient
shall carry out each Activity in compliance with all Federal laws and
regulations described in Subpart K of the regulations, except that:
1. The Subrecipient does not assume the Grantee's environmental
responsibilities described at 9 570.604; and
Hastings 2005 Subrecipient Agreement Page 3 of 11
2. The Subrecipient does not assume the Grantee's responsibility
for initiating the review process under the provisions of 24 CFR
Part 52.
F. Compliance with Equal Opportunity Regulations. The Subrecipient
shall maintain compliance with Section 3 of the Housing and
Community Development Act Women and Minority Business
requirements, Federal Equal Employment Opportunity Act, Executive
Orders and Civil Rights Act of 1964 as specified in 24 CFR 135.20.
G. Compliance with Common Rule and Uniform Administrative
Requirements. The Subrecipient shall comply with all applicable
requirements at 24 CFR Part 85 and 24 CFR 570.502. . (Exhibits G and
H).
H. Conflict of Interest. The Subrecipient agrees to abide by the provisions
of 24 CFR 570.611 with respect to conflicts of interest, and covenants
that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner
or degree with the performance of services required under this
Agreement. (Exhibit F).
I.
Conditions for Religious Organizations. In accordance with 24 CFR
5.109 and Federal Register Volume 69, Number 131 published July 9,
2004, faith-based organizations are eligible, on the same basis as any
other organization, to participate in COBG programs and activities,
provided that the organizations do not engage in any inherently
religious activities, such as worship, religious instruction, or
proselytization, as part of the programs or services supported by direct
CDBG funds. (Exhibit I).
.'
~
J. RecordkeepinQ. The Subrecipient shall:
1. Maintain records as outlined in 24 CFR 570.506 (Exhibit H).
2. Keep complete and accurate records of all program claims and
disbursements. The Subrecipient shall prepare a Request for
Reimbursement Form (Exhibit J) listing all claims certified and
paid by the Subrecipient for Activities and submit this Form to
the Grantee. .
3. Ensure compliance with 3-day rule requirements once funds are
received by the Subrecipient from the Grantee.
4. Provide the Grantee with information necessary to submit
reports as outlined in 24 CFR 570.507 (Exhibit H).
5. Submit to the Grantee quarterly progress reports of any
outstanding Activities. The status report shall be submitted to
Hastings 2005 Subredpient Agreement
Page 4 of 11
the Grantee by or before the thirtieth day of October, January,
April, and July.
6. Maintain records in accordance with its retention schedule or for
three years after the completion of the Activity, whichever is
longer. Such records shall be made available for audit or
inspection at any time upon request of the Grantee or its
authorized representative.
K. Program Income. Program income is defined in 24 CFR 570.500(a)
with requirements set forth in 24 CFR 570.504 (c). The Subrecipient
shall return all program income immediately to the Grantee except for
revolving accounts approved by the Grantee. Program. income will be
disbursed according to the Program Income Policy attached as Exhibit
K. (See Exhibit H for 24 CFR 570.500 and 570.504)
L. Reversion of Assets. Upon the expiration of this agreement, the
Subrecipient shall transfer to the Grantee any CDBG funds on hand at
the time of expiration and any accounts receivable attributable to the
use of COBG funds. Any real property under the Subrecipient's control
that was acquired or improved in whole or in part with COSG funds in
excess of $25,000 shall be:
1.
Used to meet one of the national objectives in 24 CFR Part
570.208 (Exhibit A) \mtilfiveyears after the Subrecipient no
longer participates in the CDBG Entitlement Program; or
,.
/
2. Disposed of in a manner that results in the Grantee's being
reimbursed in the amount of the current fair market value of the
property less any portion of the value attributable to expenditures
of non-CDBG fun9s for acquisition of, or improvement to, the
property. (Reimbursement is not required after the period of
time specified in paragraph III (L)(1) of this section)
M. Audit.
1. The Grantee shall have full access to all records relating to
performance of this Agreement.
2. The Subrecipient shall submit an audit or, upon prior approval
by the Grantee, a copy of their financial statements for the
fiscal years the grant is in effect. Audits must be performed by
a Certified Public Accountant in accordance with generally
accepted auditing principles and if applicable, OMB Circular A-
133. All audits or financial statements must be submitted to
the Grantee within 9 months of the close of the Subrecipient's
fiscal year. Failure of the Subrecipient to comply with these
requirements may result in the withholding of future payments.
Hastings 2005 Subrecipient Agreement
Page 5 of 11
IV. OBLIGATIONS AND RESPONSIBILITIES. The Sub recipient agrees to assume and
carry out the Grantee's obligations and responsibilities under:
A. The Cooperation Agreements entered into between Dakota County and
the Subrecipient concerning the Dakota County CDBG Program; and
B. The Supplemental Agreements to the aforementioned Cooperation
Agreements entered into between Dakota County and the Subrecipient.
V. BUDGET. This Agreement replaces all previous Sub recipient Agreements and is
applicable to prior fiscal year Activities which are not yet completed and to new
Activities programmed for CDBG Grant Year 2005.
It is understood that the Funding ApprovaV Agreement (HUD 7082) which is attached
hereto as Exhibit L is based upon a 2005 program budget reflecting receipt of
$1,951,003 in CDBG Funds from HUD of which $82,000 is allocated to the
Subrecipient as the maximum amount available for Fiscal Year 2005. Of the
Subrecipienfs total 2005 allocation, $39,584 will be administered by the Subrecipient
and is covered by this Agreement.
!
VI. SCOPE OF SERVICES. As required in 24 CFR 570.503 (Exhibit H), the Subrecipient
will be responsible for the administration of the following Activities under this
Agreement, including ongoing Activities from previous fiscal years and Activities
programmed with 2005 CDBG funds. FY 2005 funds will be committed to Activities
after July 1, 2005. All funds will be expehded to meet timeliness requirements
specified in Section VII (A) and Exhibit M of this Agreement.
"
Activity 1-Bliahted Property Clearance
A. Description
Acquisition and clearanc.e of blighted properties in various locations to
eliminate safety hazards.
B. Budaet
FY 2005 Funding: $39,584.00
(Includes $3,584.00 for project administration.)
Activity 2-Residential Fire Protection Assistance
A. Description
Assistance for fire protection improvements to residential rental units in
downtown mixed-use buildings.
B. Budoet
FY 2004 Funding: $40,000.00
(Includes $3,500.00 for project administration.)
Balance Remaining as of 6/30/2005: $40,000.00
Hastings 2005 Subredpient Agreement
Page 6 of 11
Activity 3- BIiQhted Property Clearance
A. Description
Clearance of spot blight focused on areas adjacent to downtown.
B. BudQet
FY 2004 Funding: $43,773.00
(Includes $3,773.00 for project administration.)
Balance Remaining as of 6/30/2005: $43,773.00
Activity 4-Assessment Abatement
A. Description
Assessment abatement for low- and moderate-income homeowners for
city infrastructure improvement projects.
B. BudQet
FY 2003 Funding: $40,000.00
(includes $3,000.00 for project administration.)
Remaining balance as of 6/30/2005: $5,474.11
..
Activity 5-Bliahted Property ACQuisition
A. Description
Acquisition and clearance of spot blight
B. BudQet
FY 2003 Funding: $18,000
Remaining balance as of 6/30/2005: $13,693.88
VII. GENERAL CONDmONS. The following shall apply to the Subrecipient and this
Agreement:
A. Timeliness. HUD requires that sixty (60) days prior to the end of the
Grantee's program year, the amount of non-disbursed COBG funds
be no more than 1.5 times the entitlement grant for its current
program year. The penalties for failing to meet the 60-day spend-
down requirement potentially affect all jurisdictions in the county.
Reallocation of funds, if necessary, will be done according to the
COBG Contingency Plan attached in Exhibit M. As of July 1, 2005,
the Subrecipient has a 2.43 ratio of non-disbursed funds (based on
the FY05 entitlement allocation). Therefore, the following expenditure
targets shall apply to current and past year fund balances:
1. For FY05 fund balances identified in Section VI of this
Agreement, the Subrecipient should expend no less than 25
Hastings 2005 SUbrecipient Agreement
Page 7 of 11
percent of its activity budget( s) by the end of the second
quarter (December 31); no less than 45 percent of its activity
budget(s) by the end of the third quarter (March 31); and no
less than 70 percent of its activity budget( s) by the end of the
fourth quarter (June 30).
2. For FY04 balances identified in Section VI of this Agreement,
the Subrecipient should expend no less than 85 percent of its
activity budget(s) by the end of the second quarter (December
31); and no less than 95 percent of its activity budget(s) by the
end of the fourth quarter (June 30).
3. For FY03 and earlier balances identified in Section VI of this
Agreement, the Subrecipient should expend no less than 100
percent of its activity budget(s) by the end of the second
quarter (December 31).
B.
Independent Contractor. For the purpose of this Agreement, the
Subrecipient shall be deemed an independent contractor, and not an
employee of the Grantee. Any and all employees of the Subrecipient or
other persons, while engaged in the performance of any work or
services required by the Subrecipient under this Agreement, shall not
be considered employees ~f the Grantee; and any and all claims that
mayor might arise on behalf of said employees or other persons as a
consequence of any act "or' omission on the part of said employee or the
Sub recipient shall in no.way be the obligation or responsibility of the
Grantee. ,,;
!
C. Hold Harmless. It is further agreed that the Subrecipient shall defend
and save the Grantee harmless from any claims, demands, actions, or
causes of action arising put of any act or omission on the part of the
Subrecipient, its agents, servants, or employees in performance of, or
with. relation to, any of the work or services performed or furnished by
the Subrecipient under the terms of the Agreement. It is further agreed
that the Sub recipient shall notify the Grantee of any actual or potential
claims against the Grantee that may arise as a consequence of any of
the work or services performed or furnished by the Subrecipient under
the terms of this Agreement.
D. Transfer. The Subrecipient shalt not assign any interest in this
Agreement and shall not transfer any interest in the same, whether by
assignment or subcontract, without .the prior written consent of the
Grantee.
E. Amendments. Any alteration, variation, modification, or waiver of the
provision of this Agreement shall be valid only after it has been reduced to
writing and duly signed by both parties, with the exception of
Administrative Amendments defined as any revision to the original annual
budget that
Hastings 2005 Subrecipient Agreement
Page 8 of 11
1. Does not create a new Activity;
2. Does not delete an existing Activity in its entirety prior to any
expenditure; and
3. Does not involve the reallocation of more than $75,000 per Activity.
F. Waiver. The waiver of any of the rights and/or remedies arising under
the terms of this Agreement on anyone occasion by either party hereto
shall not constitute a waiver of any rights and/or remedies in respect to
any subsequent breach or default of the terms of this Agreement. The
rights and remedies provided or referred to under the terms of the
Agreement are cumulative and not mutually exclusive.
G. Liability. Notwithstanding any other provision of this Agreement to the
contrary, the Sub recipient shall not be relieved of liability to the Grantee
for damages sustained by the Grantee by virtue of any breach of this
Agreement by the Subrecipient, and the Grantee may withhold any
payments to the Subrecipient for the purpose of set-off until such time
as the exact amount of damages due the Grantee from the
Subrecipient is determined.
H.
Entire Aareement. This Agreement, as well as Exhibits A through M,
which are attached hereto and. incorporated herein by reference, shall
constitute the entire agreement between the parties and shall
supersede all prior oral6r written negotiations.
!
I. HUD Approval. It js expressly understood between the parties that this
Agreement is contingent upon the approval of HUD and its
authorization of grant monies to the Grantee for the purpose of this
Agreement.
~
J. Violation of Law. Should any of the above provisions be subsequently
determined by a Court of competent jurisdiction to be in violation of any
Federal or State Law or to be other wise invalid, both parties agree that
only those provisions so adjudged shall be invalid and that the
remainder of this Agreement shall remain in full force and effect.
K. Discrimination. The Subrecipient agrees to comply with all Federal,
State and local laws and ordinances as they pertain to unlawful
discrimination on account of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability, or
age.
L. Applicable Laws. The Subrecipient further agrees to comply with all
Federal, state, and local laws or ordinances, and all applicable rules,
regulations, and standards established by any agency of such
governmental units, which are now or hereafter promulgated insofar as
Hastings 2005 Subredpient Agreement
Page 9 of 11
they relate to the Subrecipient performance of the provisions of this
Agreement.
M. State Law. This Agreement shall be interpreted and construed
according to the laws of the State of Minnesota.
N. Suspension and Termination. In accordance with 24 CFR 85.43,
(Exhibit G), suspension or termination may occur if the Sub recipient
materially fails to comply with any of the provisions hereof, and the
award may be terminated for convenience in accordance with 24 CFR
85.44. Such termination shall occur thirty (30) days after receipt by the
Sub recipient of written notice from the Grantee specifying the grounds
therefore, unless, prior to such date, the Subrecipient has cured the
alleged nonperformance of the provisions of this agreement.
VIII. CERTIFICATION FOR CONTRACT. GRANTS. LOANS AND COOPERATIVE
AGREEMENTS. The Subrecipient certifies, to the best of its knowledge and belief,
that:
!
A.
No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Subrecipient to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, and officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of an~ Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
B. If any funds.other than Federal appropriated funds have been paid or
will be paid to any perso!) for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress, in
connection with this Federal contract, grant, loan, or cooperative
agreement, the Subrecipient shall complete and submit Standard Form
- LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The Subrecipient shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of
fact upon which reliance was placed when this agreement was made or
entered into. Submission of this certification is a prerequisite for
making or entering into this agreement imposed by section 1332, title
31, U.S. Code. Any person who fails to file the required certification
Hastings 2005 Subredpient Agreement
Page 10 of 11
shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
IX. NOTICE. Written notice to be provided under this Agreement shall be provided as
follows:
For the Grantee:
Mark Ulters, Executive Director
Dakota County CDA
1228 Town Centre Drive
Eagan, MN 55123
For the Subrecipient:
Dave Osberg, City Administrator
City of Hastings
101 4th Street East
Hastings, MN 55033
l
IN WITNESS WHEREOF, the Grantee and the Subrecipient have executed this
Subrecipient Agreement on the date if1'dicated below.
City of Hastings
The Subrecipient
Dakota County CDA
The Grantee
~
By
By
Mark Ulfers
Its
Its Executive Director
Date of Signature
Date of Signature
VI-6
MARK J. HOLMES, CHIEF
115 West 5th Street
Hastings, Minnesota 55033-1815
HASTINGS FIRE DEPARTMENT
Business Office (651) 480-6150
Fax (651) 480-6170
TO: Mayor Werner
Council Members
FROM: Marl<: J. Howes - Fire Chie~Y
SUBJECT: Request to Allow Out-of-State Travel
DATE: August 11,2005
The responsibilities necessary for ambulance billing are becoming increasingly dynamic
though approach. In the last several years, the ambulance industry has become victim to
Medicare re-imbursement reductions, threats by private insurance companies to reduce
compensation and increased Federal and State compliance with such issues as coding,
compliance and revenue recapture.
Structured education and interactive opportunities to provide self -evaluation and
maximize re-imbursement do not present themselves often. In the past five years, I am
unaware of any seminars such as this in our state.
The anticipated expense for attendance at The Ambulance Billing, Coding and
Compliance Clinic, with travel to Hershey, Pennsylvania, will be approximately $800.00.
The Fire Department budget will cover the cost of this one time request.
It is my opinion that the City of Hastings does an excellent job in this area but there is
always room for improvement. Your approving this request will allow the ambulance
service the opportunity to self evaluate and, if necessary, make appropriate change.
ReQuested action: Council approval allowing exception to the Travel Policy which will
send the Fire Services Office Manager to an out-of-state educational seminar.
Attachment:
Seminar Itinerary
cc:
David Osberg
FIRE SUPPRESSION
FIRE EDUCATION
FIRE PREVENTION
AMBULANCE SERVICE
I Morning Program I
8:00-8:30 a.m.
Registration
8:30-8:45
__~45-9:30
Welcome and Introductions
Ambulance Reimbursement Update
9:30-10:30
This session will highlight the latest up-to-the-minute changes in major ambulance
reimbursement issues, hitting all of the most recent developments under Medicare
laws, regulations and polides. This infonnative opening session will bring you up to
date on important national reimbursement issues.
Compliance Oinic: Seven Things We Know Are Slipping
Through the Cracbs in Your Ambulance Service
This session will provide a fast-paced look at the top seven billing compliance issues
we know are falling through the cracks at most ambulance S8lVices. This session will
help you spot these frequently-overlooked, but critical, billing issues in your
ambulance service.
11:40-12:00
12:00-1:00
Brea~
More Than Medicare: Dealing With Managed Care,
Commercial Insurers and Other Ambulance Payors
While much of our industry's focus is on Medicare reimbursement much of the payor
mix in most ambulance S8lVices includes a signiRcant percentage of commercial,
managed care and private-pay accounts. This session will provide valuable lmight
into dealing with these important sources of revenue. We will also discuss strategies
for deciding whether to become a "partidpating provider' or to enter into provider
contracts with some of your key payors.
Questions and Answers
Lunch (Provided)
10:30-10:45
10:45-11:40
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o . 0
o Bring Your Problem Claims! 0
o 0
~ Time pennltting, during the coune of the day at the AB~ clin~ the staff of Page, Wolfberg & ~
o Wirth, LLC and PWW Consulting, Inc. will be available.to answer questions about your problem 0
~ claims and other billing challenges. Be sure to remove all individually identifiable health :
0, information, such as patient name, address, social security number, ete., when bringing your claims 0
o and related documentation. 0
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o Agenda subject to change. 0
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HERSHEY. HEASHEY'S PIoduct ~ _0i0C0IA1E toWN u.s.A....tradomc:wta UMd wIth__
PAGE.
WOIFBERG
WIRTHu< .
loin us for a welcoming reception!
Monday, October 24th at 7:00 p.m.
HERSHEY Lodge, Hershey PA
I Afternoon Program I
3:00-3:15
3:15-4:30
The Appeals Process-How Your Ambulance Service Can
Squeeze Its Reimbursement Out of the Bureaucracy
Mal1jl ambulance selVices-for whatever reason-do not fully pursue the appeals
procesl thctt is open to them after their daims are denied_ This session will help
you navigate the relevant appeals processes-including the all-new Medicare
appeal regulations - for all of the major types of payors, induding commerdal
insurers, and help you use the process effectively.
Internal Audits: How to Mat?e Sure Your Ductls are
Really All in a Row
Whether you bill in house or use a third party billing agency (or whether you are a
third party billing agency, for that matter!), it is critically important to ensure that
you know precisely what's happening in your billing operation. Filing daims is one
thing, but monitoring your billing i$ another. This session will present eRective,
tested strategies for perfonning meaningful in-house self-audits of your ambulance
billing, and provide specific information on what to do with the results and findings
of those intemal audits.
Brea~
Ambulance Claim Clinic: Codes, Modifiers, Denials and More
In this session, we will take a detailed and hands-on walk through specific billing
and coding challenges. In a highly interactive fashion, billing and coding experts
will review some of the toughest billing issues faced by ambulance selVices - and
give you concrete solutions. Some of the areas to be covered indude hospital-to-
hospital transports, darifying the GA. GYand GZ lIcJenial modifier" confusion,
deciding what constitutes an "emergency, 11 and much more. We will also review
de-identified problem daims from attendees.
Questions and Answers, Discussion and Adjournment
1:00-2:00
2-00-3:00
4:30-,.5:00
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~ Travel Information ~
o 0
o The Harrisburg International Airport is a brand new, state-of-the-art, full service airport-and it's 0
o mere minutes from Henhey. When you visit, be sure to checb out the historical sites, outlet shops and 0
~ other exciting things that Central Pennsylvania has to offer, induding: ~
o Cou 0
o Lancaster nty Amish Country Gettysburg National Ovil War Museum 0
o
o
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Who should attend:
Billing Staff
Owners
Billing Companies
Ambulance Managers
Company Officers/Board Members
Fire Chiefs/EMS Chiefs
PAGE.
WOLFBERG
WIRTH'llio
VI-7
PROCLAMATION
City of Hastings
Stepfamily Day Proclamation 2005
WHEREAS, the City of Hastings, Stepfamily Day is enhanced by our strong
commitment to support the stepfamilies of our nation in their mission to raise their
children, create strong family structures to support the individual members of the family,
instill in them a sense of responsibility to all extended family members; and
WHEREAS, approximately half of all Americans are currently involved in some
form of stepfamily relationship and it is the vision of Founder, Michigan's Christy
Borgeld and the Stepfamily Association of America that all stepfamilies in the United
States be accepted, supported and successful; and
WHEREAS, the City of Hastings, and our nation has been blessed by thousands
upon thousands of loving stepparents and stepchildren who are daily reminders of the joy,
trials, and triumphs of the stepfamily experience and of the boundless love contained in
the bond between all types of parents and children; and
WHEREAS, Stepfamily Day is a day to celebrate the many invaluable
contributions stepfamilies have made to enriching the lives and life experience of the
children and parents of America and to strengthening the fabric of American families and
society.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings that September 16,2005 be declared Stepfamily Day.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS,
MINNESOTA THIS 15th DAY OF AUGUST, 2005.
Michael D. Werner, Mayor
David M. Osberg, Deputy City Clerk
August 10, 2005
TO:
The Honorable Mayor and City Council
VI-8
FROM:
John Grossman, HRA Director
RE:
Arthur G. Miller - Certificate of Satisfaction
SUMMARY: When the terms of a land credit agreement (for Industrial Park property)
are met by the property owner a certificate of satisfaction is recorded on the title to
remove the repayment obligations. The agreement calls for completion of the agreed
requirements in five years or repayment of the balance due.
BACKGROUND: Arthur G. Miller and the City executed the land credit agreement in
July of2000. Mr. Miller received title to 1.05 acre. The deferred value of the land, "the
assessments", was agreed to be $29,899. The agreement provides that the deferred value
is to be matched or exceeded by a combination of building and payroll credits in five
years. Mr. Miller also agreed to construct a building with a market value of$240,000
and create two (2) new jobs with an average wage of$12.00.
I
1) Mr. Miller hired 2 new employees at $12.00 average wage by August of2002.
2) The payroll credit for four quarters (2004-2005) is $73,798.
3) The assessor's market value of the building in 2005 is $249,000. The building
credit is $24,900.
4) The credits total $98,697.
The total credits exceed the deferred land value. No balance is due.
ACTION: Motion to approve the satisfaction and authorize the Mayor and Asst. City
Clerk to execute the attached Certificate.
CERTIFICATE
This Certificate is executed this _ day of , 2005, by the City of
Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (the
"City").
WITNESSETH:
WHEREAS, pursuant to a Purchase and Development Agreement dated as of July 20,
2000, (the "Development Agreement"), the City has conveyed to Arthur G. Miller, a married
individual, (the "Developer") certain real propertY legally described as Lot 2, Block 1, Hastings
I
Industrial Park Number 5, according to the recorded plat thereof, Dakota County, Minnesota (the
! "Property"); and '
WHEREAS, the Developer onl,.Y paid a portion of the actual value of the Property in
consideration for the City's conveyance of the Property to the Developer but with the
understanding that if the Developer did not meet certain construction and wage and job goals, all
or a portion of the value of the Property not paid at the time of the closing on the conveyance to
the Developer would be payable by the Developer; and
WHEREAS, pursuant to the Agreement the Developer agreed that the Developer's
obligation to pay the value of the Property not paid at the closing on the conveyance would be
assessed as a lien (the "Assessments") against the Property, subject to discharge if and when the
Developer meets its construction and wage and job goals set forth in the Agreement; and
WHEREAS, the Agreement also provided that upon request by the Developer and upon
submission by the Developer to the City of documentation showing that the Developer has met
in full or in part its construction and wage and job goals the City would execute a certificate to
be recorded against the property evidencing the Developer's performance and discharging in
whole or in part the Assessments as a lien against the Property; and
WHEREAS, the Developer has provided to the City documentation sufficient to allow
the City to execute and deliver to the Developer this Certificate in accordance with the
provisions of the agreement.
NOW, THEREFORE, the City does hereby certify that the Assessments, as defmed in
the Agreement, are hereby discharged and shall no longer be in force.
IN WITNESS WHEREOF, the City has caused this Certificate to be executed as of the
date first written above.
CITY OF HASTINGS
By
Michael D. Werner, Mayor
By
David M. Osberg, Asst. City Clerk
STATE OF MINNESOTA)
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2005, by Michael p. Werner, and David M. Osberg, the Mayor and
Asst. City Clerk of the City of Hastings, a home rule charter city under the laws of the state of
Minnesota.
!
/
Notary Public
This document was drafted by:
BRADLEY & DEIKE, P. A.
40 18 West 65th Street, Suite 100
Edina, MN 55435
Telephone: (952) 926-5337
VI-9
MARK J. HOLMES, CHIEF
115 West 5th Street
Hastings, Minnesota 55033-1815
HASTINGS FIRE DEPARTMENT
Business Office (651) 480-6150
fax (651) 480-6170
To:
Mayor Werner and City Council Members
From:
Mark Holmes, Fire Chief
Date:
August 9, 2005
Subject:
Excess Property
At the February 2,2004, City Council meeting, the purchase of a replacement tanker
truck was approved. At that time, the Utilities Department expressed an interest in
acquiring the Fire Department's 1981 International tanker truck Upon receipt of our new
tanker truck, the old 1981 International tanker truck was transferred to the Utilities
Department.
Since then, the Utilities Department has decided it no longer has a need for it. As a
result, it is excess property.
Reouested Action
It is requested that the 1981 International tanker truck be declared excess property and
authorize solicitation of sealed bids. The Police Department will soon be soliciting
sealed bids for vehicles no longer in service. If approved, the tanker truck will be placed
on this sealed bid list.
If you have any questions, please contact Assistant Chief Michael Schutt or myself
anytime. My cell phone is 651-775-5545 and Mike's is 651-775-5547.
FIRE SUPPRESSION
FIRE EDUCATION
FIRE PREVENTION
AMBULANCE SERVICE
VI-10
MARK J. HOLMES, CHIEF
115 West 5th Street
Hastings, Minnesota 55033-1815
HASTINGS FIRE DEPARTMENT
TO:
Business Office (651) 480-6150
. dax (651).480-6170
Mayor Werner and City OUDCI Members
Dave Osberg, City Administrator
FROM:
Mark J. Holmes, Fire Chief _.aJ
Michael T. Schutt. Assistant Fire ChieflFire Marsh~
August 9, 2005
CC:
DATE:
SUBJECT:
HotellMotel Inspection Agreement
Attached you will find an Agreement between the State of Minnesota, Department of Public
Safety, and the City of Hastings. Minnesota State Statute requires all hotels and motels to be
inspected once every three years in accordance with the requirements of the Minnesota State Fire
Code.
History:
The State Fire Marshal's Division is mandated by State Statute to inspect hotels and motels once
every three years. Local jurisdiction may contract with the State Fire Marshal to conduct regular
inspections. The local Fire Marshal has in the past, under this provision, pedormed these
inspections.
Benefit:
There are several benefits to providing these inspections at the local level. They include:
. Allows staff to remain familiar with the layout of local hotels and motels.
· Allows staff to remain familiar with any hazards associated with the facilities.
Recommended Action:
Execute contract allowing hotel and motel inspections to be conducted by the local Fire Marshal.
If there are any questions, please feel free to contact me anytime at 651-480-6150 or my cell
phone at 651-775-5547, or stop by my office.
Attachment
MTS/ps
FIRE SUPPRESSION
FIRE EDUCATION
FIRE PREVENTION
AMBULANCE SERVICE
/
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DMSION
444 CEDAR STREET - SUITE 145
ST. PAUL, MINNESOTA 55101-5145
HOTEL INSPECfION AGREEMENT
This agreement is made by and between _ the State of Minnesota, Department of Public Safety - Fire Marshal
Division (State) and the<;;ity of Hastings. Fire Deoartment, Minnesota (Contractor), address 115 West 5th St.
Hastings. Minnesota 55033 .
. WHEREAS, the State, pursuant to Minnesota Statutes: S~tion 299F.46, Subdivision 2, is empowered to enter into
an agreement with any county, two or more contiguous counties, or city or other municipality to perform fire code
inspections for hotels, and
WHEREAS, the Fire Chief of the above named fife department, does hereby agree that a representative of the city's
fire department will conduct all hotel inspections within their jurisdiction. To Ensure uniformity of enforcement
throughout the state, these inspections will be conducted in accordance with M.S. 299F.46, Subdivision 1, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. All hotels within jurisdiction will be inspected by Contractor at least once every three (3) years.
2. All hotels within the Contractor's jurisdiction will be inspected in accordance with the
requirements of the Minnesota State Fire Code (MSFC) and enforced in accordance with the
administrative policies of the State Fire Marshal.
3. . All inspectors employed for the purpose of this agreement to successfully complete the State Fire
Marshal's Fire Code Up-Date Training and be knowledgeable in all State Fire Code
requirements for hotels.
(State Fire Marshal Division will provide the necessary training for city fire department personnel
contracting to conduct these inspections.)
4. Copies of all inspection reports to be submitted to the State Fire Marshal within 30 days.
5. All variances to the fire code orders must be approved by the State Fire Marshal.
6. Cancellation: This. contract may be cancelled by the State, or Contractor at any time, with or without cause,
upon written notice to the other party.
7. Term of Contract: This contract shall be effective January 1,2005, or upon the date that the final required
signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs
. hiter, and shall remain in effect until June 30, 2008, or until all obligations set forth in this contract have
been satisfactorily fulfilled, whichever occurs first.
,.. 8.
9.
State's Authorized Agent: The State's authorized agent for the purpose of administration of this contract is
Patrick Sheehan, Bureau Chief - fuspections, or his successor in office, .:. State Fire Marshal Division. (Such
agent sball have final authority for acceptance of Contractor's services and if such services are accepted as
satisfactory).
Assignment. Contractor shall neither assign. nor transfer any rights or obligations under this contract
without the prior written consent of the State.
10.
Liability. The Contractor and the State agree that each party will be responsible for its own acts and the
results thereof to the extent authorized by law and sball not be responsible for the acts of any others and the
results thereof. The Contractor's and state's liability shalt be governed by the provisions of the Minnesota
Tort Claims Act, Minnesota Statutes, Section 3.376, and other applicable law.
11.
State Audits. Under Minn. Stat. ~ 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting procedures and practices relevant to this contract are subject to examination by the State
and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end
of this contract.
12
Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as
it applies to all data created, collected, received, stored, used; maintained, or disseminated by the
Contractor under this contract. The civil remedies of Minn. Stat. ~ 13.08 apply to the release of the data
referred to in this clause by either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must
immediately notify the State. The State will give the Contractor instructions concerning the release of the
data to the requesting party before the data is released.
13. Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate
state or federill court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound
thereby.
APPROVED:
CON1RACTOR:
(Contractor ceI1ifies 1hat the appropriate pecson(s) have
executed the coofract OIl behalf of the Contractor as required
by applicable articles, bylaws, resolutions, or ordInanCes)
STATE AGENCY OR DEPARTMENT:
(with delegated authority)
BY:
TITLE:
DATE:
BY:
TITLE:
DATE:
BY:
TITLE:
DATE:
COMMISSIONER OF ADMINISTRATION:
(with delegated authority)
BY:
DATE:
NO ENCUMBRANCE:
(Authorized Signature)
BY:
DATE:
MARK J. HOLMES, CHIEF
115 West 5th Street
Hastings, Minnesota 55033-1815
HASTINGS FIRE DEPARTMENT
Business Office (651) 480-6150
Fax (651) 480-6170
TO:
Mayor Werner and City Council Members
Dave Osberg, City Administrator
CC:
Mark J. Holmes, Fire Chief . ~
Michael T. Schutt, Assistant Fire ChieflFire MMSha1~
August 9, 2005
FROM:
DATE:
SUBJECT:
Public School Inspection Agreement
Attached you will find an Agreement between the State of Minnesota, Department of
Public Safety, and the City of Hastings. Minnesota State Statute requires all public
school facilities used for educational purposes to be inspected once every three years in
accordance with the requirements of the Minnesota State Fire Code.
History:
The State Fire Marshal's Division is mandated by State Statute to inspect public schools
once every three years. Local jurisdiction may contract with the State Fire Marshal to
conduct regular inspections. The local Fire Marshal has in the past, under this provision,
performed these inspections.
Benefit:
There are several benefits to providing these inspections at the local level. They include:
· Allows staff to remain familiar with the layout of public school facilities.
· Allows staff to remain familiar with any hazards associated with the facilities.
· Maintains an already close working relationship with school district staff. This
becomes very important during emergency situations.
· A cost savings of over $11,000 per year for the school district.
FIRE SUPPRESSION
FIRE EDUCATION
FIRE PREVENTION
AMBULANCE SERVICE
Page 2
Public School Inspection Agreement
August 9, 2005
Recommended Action:
Execute contract allowing public school facility inspections to be conducted by the local
Fire Marshal.
If there are any questions, please feel free to contact me anytime at 651-480-6150 or my
cell phone at 651-775-5547, or stop by my office.
Attachment
MTS/ps
/,
DEPARTMENT OF PUBLIC SAFETY
FIRE MARSHAL DMSION
444 CEDAR STREET - SUITE 145
ST. PAUL, MINNESOTA 55101-5145
PUBLIC SCHOOL INSPECTION AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety - State Fire
Marshal Division ("State") and the City of Hastings. Fire Department address 115 West Fifth Street.
Hastin2S. Minnesota 55033 ("Contractor").
WHEREAS, the State, pursuant to Minnesota Statutes 299F.47 is required to develop a plan to inspect once every
three years every public school facility used for educational purposes, and
WHEREAS, the State is empowered under Minnesota Statutes 471.59, Subd., 10 to engage such assistance as
deemed necessary, and
WHEREAS, the Fire Chief of the above named fire department, does hereby agree that a representative of the city's
fire department will conduct all public school fire inspections within their jurisdiction. To ensure uniformity of
enforcement throughout the state, these inspections will be conducted in accordance with standards stated in this
contract, and
WHEREAS, the Contractor represents that it is duly qualified and willing to perform the services set forth herein,
NOW TIIEREFORE, IT IS AGREED AS FOLLOWS:
1. All public school facilities used for educational purposes within its jurisdiction will be inspected by the
Contractor at least once every three (3) years.
2. All public schools within Contractor's jurisdiction will be inspected in accordance with the requirements of the
Minnesota State Fire Code (MSFC) and enforced in accordance with the administrative policies of the State Fire
Marshal Division.
3. The State Fire Marshal Division will provide the necessary training for city fire department personnel contracting
to conduct these inspections. The training will include one 6 hour initial training session during the contract period,
and then one free registration for the Contractor in the Minnesota State Fire Code update (i.e. new fire code) class
given approximately once every 3 years.
4. Copies of inspection reports completed by the Contractor will be filed with the local school board and the State
Fire Marshal Division and must be submitted to these authorities within thirty days following inspection. The
Contractor will report to the State Fire Marshal Division using the computerized inspection reporting software
provided to the Contractor by the State Fire Marshal Division.
5. All variances to fire code orders must be approved by the State Fire Marshal Division.
6. Cancellation: This contract may be cancelled by the State, or the Contractor at any time, with or without cause,
upon written notice to the other party.
7. Term or Contract: This contract shall be.effective on January 1,2005, or upon the date that the final requjred
signature is obtained by the State, pursuant to Minnesota Statute 16C.05, Subdivision 2, whichever occurs later, and
shall remain in effect until June 30, 2008, or until all obligations set forth in this contract have been satisfactorily
fulfilled, whichever occurs first.
8. State's Authorized Agent: The State's authorized agent for the purposes of administration of this contract is
Patrick Sheehan, Bureau Chief - Inspections, or his successor in office, - State Fire Marshal Division. Such agent
shall have final authority for acceptance of the Contractor's services and if such services are accepted as satisfactory.
,.
,.
9. Assignment The Contractor shall neither assign nor transfer any rights or obligations under this contract without
the prior written consent of the State.
10. Liability. The Contractor and the State agree that each party will be responsible for its own acts and the results
thereof to the extent au~ b;r:"~ and shall not be responsible for the acts of any others and the results thereof.
The Contractor's and State's liability shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, Section 3.376, and other applicable law.
11. State Audits. Under Minn. Stat. ~ 16C.05, subd. 5, the Contractor's books, records, documents, and
accounting prOCedures and practices relevant to this contract are subject to examination by the State and/or the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this contract.
12 Government Data Practices. The Contractor and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under
this contract. The civil remedies of Minn. Stat. ~ 13.08 apply to the release of the data referred to in this clause by
either the Contractor or the State.
If the Contractor receives a request to release the data referred to in this clause, the Contractor must immediately
notify the State. The State will give the Contractor instructions conCerning the release of the data to the
. requesting party before the data is released.
13. Venue. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or
federal court with competent jurisdiction in Ramsey County, Minnesota.
IN WITNESS WHERE OF, the parties have caused this contract to be duly executed intending to be bound thereby.
APPROVED:
CONTRACTOR:
(Contractor certifies that the appropriate person(s)
have executed the contract on behalf of the
Contractor as required by applicable articles,
bylaws, resolutions, or ordinances)
COMMISSIONER OF ADMINISTRATION:
(with delegated authority)
BY:
DATE:
BY:
NO ENCUMBRANCE:
(authorized signature)
TITLE:
BY:
DATE:
DATE:
BY:
TITLE:
DATE:
STATE AGENCY OR DEPARTMENT:
(with delegated authority)
BY:
TITLE:
DATE:
VI-11
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
August 15, 2005
Development Agreement - GRISELDAS WHISPERING MEADOWS
Subject:
REQUEST
The City Council is asked to approve the attached Development Agreement betweentha
City and the developers GRISELDA'S WHISPERING MEADOWS, ari810t m Cdti pie ,family'
development consisting of 8 units located on Pleasant Drive north ofHighway::55;<. .... ":ir
The City Council granted Final Plat approval on July 18, 2005. As a conditionj:>f1apprQvaV:,,;1 "
the developer was required to enter into a development agreement with the city to.
memorialize conditions of approval.
~ . '. '"
"~. fo.,o
.J;, .~~
"
ATTACHMENTS
/'
. Location Map
. Final Plat
. Development Agreement
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DEVELOPMENT AGREEMENT FOR
GRISELDAS WHISPERING MEADOWS
THIS AGREEMENT is made and entered into this _ day of
, 2005, by and
between the City of Hastings, a Minnesota Municipal Corporation ("City") and Anthony Brown and
Griselda Araiza BroWn, husband and wife, ("Developer"); and
WHEREAS, Developer proposes to unfIertake the development and construction of a
residential development on property proposed to be platted as "Griseldas Whispering Meadows"
(hereafter referred to as "Subject PropeI1Y"); and
WHEREAS, public hearings have been held providing the opportunity for input by the
neighbors and all interested persons; and
WHEREAS, the Hastings City Council has approved Developer's proposed plat of the
Subject Property, subject to Developer signing this Development Agreement and otherwise
complying with all conditions of city council approval.
NOW, THEREFORE, it is hereby agreed between the parties as follows:
1. ADDlication ofDeveloDment Agreement. This Development Agreement shall apply to
the following property proposed to be platted in the City of Hastings, Dakota County,
Minnesota, legally described as:
1
Griseldas Whispering Meadows, according to the plat
thereof, to be filed in the Dakota County Recorder's Office.
This property hereafter shall be referred to as "Subject Property". All references in
this Development Agreement to a lot, block or outlot, shall refer to a lot, block or
outlot contained in the plat of Griseldas Whispering Meadows.
2. Parties Authoritv to Silln. Developer warrants to the City they have full authority to
enter into this Development Agreement and perform the conditions herein contained.
Developer further warrants that this Development Agreement will be recorded against
the Subject Property,before any of the Subject Property is transferred or encumbered in
any way.
.,
3. Densitv. The Subject Property has been ~P1?roved for total density of8 family units to
be constructed within two - four unit buildings.
. I
4. Park Dedication Fees. The park dedication fees for the Subject Property have been
/
previously satisfied.
5. Sewer InterceDtor Fees. The sewer interceptor fees for the Subject Property have been
previously satisfied.
6. Declaration of Covenants. Conditions and Restrictions. Developer shall prepare and
submit to the City for its review and approval, a Declaration of Covenants, Conditions
and Restrictions or an equivalent document. This document shall be submitted and
approval must be given by the City before the City will release the final plat of the
Subject Property. The purpose of the declaration or equivalent document will be to
ensure maintenance of common open space, common drives and common utilities on-
2
site and off-site drainage areas. Furthennore, this document shall include, but not be
limited to, the following:
A. A statement requiring the deeds, leases or documents of conveyance affecting
buildings, units, parcels, tracts, townhouses or apartments to be subject to the
tenns of the declaration.
!
B. A provision for the fonnation of a property owner's association or
corporation and that all, owners must be members of said association or
corporation which will maintain all properties and common areas in good
repair and which may access individual property owners a proportionate share
,of joint or common costs. The association or corporation must remain in i ',,,'i :'"
effect and may not be tenninated or disbanded. ;
Membership in the association shall be mandatory for each owner and any
C.
successive buyer.
,/
D. Any open space restrictions must be pennanent and may not be changed or
modified without City approval.
E. The association will be responsible for liability insurance, local taxes and the
maintenance of the open space facilities that are deeded to it.
F. Property owners will be responsible for their pro-rata share of the cost of the
association by means of an assessment to be levied by the association which
meets the requirements for becoming a lien on the property in accordance
with Minnesota Statutes.
G. The association may adjust the assessment to meet changing needs and costs.
3
7. Gradinll. Drainalle and Utility Plans. No construction or grading of any type shall take
place on the Subject Property until Developer has received final approval ITom the City's
Public Works Director for Developer's grading, drainage and utility plans. Furthennore, no
construction shall take place until Developer has reimbursed the City for all fees incurred by
the City in reviewing Developer's grading, drainage and utility plans. Developer assumes all
risks if Developer proceeds with any grading or utility replacement before receiving final
approval ITom the City's Public Works Director.
8. LandscaDinll Plan. Before the City will sign the final plat, Developer must submit and
receive approval ofDevelpper's landscaping plan. This landscaping plan shall include, but
not be limited to, identifying the size, species and method of installation for all. required
boulevard andITont yard trees, as well as all cul-de-sac islands.
" \",
! 'l;
. ~ f : i }:
..
9. Tree Preservation Fencinll. Before any grading is commenced on the Subject Property,
. .
Developer shall install tree preservati~n fencing around all trees that are not to be removed.
;"
This tree preservation fencing must remain in place and be maintained throughout all
development in the vicinity of the trees.
10. Tree ReDlacement. Developer shall replace all removed trees as specified in the Tree
Preservation Guidelines. These guidelines can be obtained ITom the City Forester.
11. Site Gradinll. The entire Subject Property, i.e. all platted lots and all outlots, shall be
graded at the same time. All site grading on the Subject Property shall be completed
according to the grading plan approved by the City. All disturbed areas on the Subject
Property must be stabilized with a rooting vegetative cover to eliminate any erosion
problems. All disturbed areas on the Subject Property shall also be maintained so as
4
to comply with all City of Hastings property maintenance ordinances.
12. As-Built Grading Plan. Upon completion of site grading, the Developer shall
submit to the Public Works Division for review, an as-built grading plan in a type and format
specified by the Public Works Division showing the newly graded elevations at all lot
comers, critical elevations in drainage ways, one foot contours at ponding and sedimentation
basins, and at ponding level control points for ponding basin emergency overflow swales.
13. Letter of Credit and InsDection Escrows.
A. Before Developer begins any grading on the Subject Property, Developer
shall post with the City a letter of credit or escrow in the amount of 125% of
',:i'.i_
the grading cost.
,B.
Before the Developer begins any street and utility construction, Developer:';.
,
shall post with the City a letter of credit or cash escrow in the amount of
. ,
125% of the street and-utility improvement costs. Additionally, before any
,/
grading or street and utility construction commences, Developer shall also
post the cash escrow in an amount determined by the City's Public Works
Director to reimburse the City for inspection fees that incur for the grading,
street and utility construction inspections. Before Developer begins any
grading or any street or utility construction, Developer shall provide City with
proof of liability and insurance in an amount of at least one million dollars.
City shall also be named as an additional insured on all liability insurance
policies used to satisfy the requirements of this paragraph.
C. AIl letters of credit required by this Agreement shall be in a form acceptable
5
to the City and issued by a company licensed to do business in Minnesota.
D. Maintenance Bond - Prior to accepting or approving the completed
Developer financed and constructed grading and/or street and utility
improvements, the Developer must submit a maintenance bond ftom
Developer's contractor in the amount of 20% of the improvement costs,
covering a period of one year after City acceptance of the improvements.
E. Privately Constructed Improvements - In the event the Developer elects to
pay one hundred percent (100%) of all costs incurred for installation of the
improvements outside of the normal assessment procedure, Developer may
do so provided Developer complies with the following requirements:
1. All construction shall be in accordance with plans and specifications
approved by the Public Works Division.
. .
2. The Developer-must retain a registered civil engineer to design and
/
inspect the improvements and to certify that the improvements were
constructed in accordance with the approved plans.
3. Complete the required improvements within a two-year period.
4. Provide the City with reproducible as-built drawings of the
improvements within two months of completion of the
improvements.
14. SDecifications - InsDections_
A. Unless otherwise stated, all of the required improvements shall conform to
engineering standards and specifications as required by the City. Such
6
improvements shall be subject to inspection and approval by, and shall be
made in sequence as detennined by the Public Works Division. Plans and
specifications for the required improvements shall be submitted to the Public
Works Division in a type and fonnat specified by the Public Works Division
for review and approval. The required improvement plan review fee as
established by City Council resolution shall be paid at this time.
B. fuspection of Public Improvements - Construction of all subdivision street
and utility improvements and other required subdivision improvements shall
be inspected by a City designated inspector for compliance with City
standards, and the approved improvement plans and specifications. The
Public Works Director shall determine the estimated cost of inspection
,
services. The City will pay all improvement inspection costs incurred from
. I
these escrowed funds, o.nd furnish the Developer with copies of all invoices
/
received. The City will also charge 10% of the consultant fees to cover City
overhead and administration costs connected to the inspection services.
Excess funds will be returned to the Developer upon completion and
acceptance of the improvement project. If the funds deposited with the City
are insufficient to cover the inspection costs, the Developer will be required
to deposit additional funds with the City to cover the estimated overage.
C. As-Built Improvement Plan - Upon completion of the required public
improvements, the City inspector shall prepare a record as-built drawing of
the constructed improvements.
7
15. Electronic CODies of Required Documents. Before the City will sign the final plat,
Developer shall submit to the City, electronic copies of the plat, plan set record
drawings and grading plan in an electronic fonnat which is acceptable to the Hastings
Engineering Department.
16. ProDertv Monuments. Steel monuments shall be placed at all block comers, lot
comers, angle points, points of curves in streets and at intennediate points as shown
on the Final Plat. Such installation shall be the developer's expense and
responsibility. All U.S., state, county, or other official benchmarks, monuments, or
triangulation stations in or adjacent to the property shall be preserved in precise
position. The Developer shall replace all monuments displaced, damaged orremoved
during grading operations. The,monuments shall be installed after the final grading
,I
has been completed. The Developer shall provide required certification of
, .
installation to the County. A copy of this certification shall also be sent to the City.
;'
17. Requirements for a BuildinJ? Permit.
A. No building permits shall be granted on the subject property until such time
~
as a certified copy of the recorded plat has been filed with the City and
production of proof that all conditions of plat approval have been met. In a
case where the City of Hastings is a party to the platting, a copy of the plat,
certified by the City Clerk as true and correct, shall satisfy the requirements
of this section.
B. No building pennits shall be granted on the Subject Property until such time
that the Developer provides the City with a certified survey indicating that the
8
entire site as shown on the preliminary and final plats has been graded
pursuant to the approved elevations shown on the preliminary and final plats.
C. No building pennits, except for approved sales models, shall be granted on
the Subject Property until the bituminous base course has been constructed,
sod behind the curb and gutter installed, and sanitary sewer, water main and
stonn sewer improvements tested and accepted.
18. Buildinl! Permit Submittal Requirements. An original certificate of survey from a
licensed surveyor is required for all new development, including expansions of
existing buildings. The Building Official may for accessory structures or minor
additions (decks, porches, attached garages), ,waive the Certificate of Survey
, ,
submittal requirements in favor of an approved site plan indicating the location of
!
existing and proposed structures in relation to lot lines.
. .
A. The Certificate of Survey shall reference and be based on an approved
/
grading plan.
B. The Certificate of Survey shall include at a minimum the following
infonnation:
1. Property boundaries.
2. Existing structures.
3. Proposed structures (including driveways).
4. Existing and proposed lot comer elevations.
5. Proposed drainage flow (arrows).
6. Proposed garage floor elevation.
9
7. Proposed lowest floor elevation.
8. Proposed lowest foundation opening.
9. Proposed top of foundation elevation (front and rear).
10. Proposed finish grade elevations at building comers.
11. Street right-of-way (to centerline).
12. Existing property monwnents.
13. Detailed spot elevations for drainage swales based on the approved
grading plan.
14. Existing and proposed midpoint elevations on side lot lines.
\-:.~: 15 .,:,,'Existing top of curb elevations at the extension of side lot lines and at" ,,;,
;. ,
< the. midpointof the lot.
,
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16.
On-site sewage tre,atment system location and potable well location, if
applicable.
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c. Survey benchmarks shall be identified on certificate of survey.
D. Field hubs shall be placed onsite by a licensed surveyor to show top of
foundation elevation and setbacks.
19. Erosion Control Plan RelluirementslMav be identified on Certificate ofSurvev).
A. Silt Fence - A silt fence shall be identified on the erosion control plan. The
silt fence shall be located along the ftont yard (3 feet ftom curb or behind
sidewalk), along existing developed yards, and where needed for erosion
control as detennined by the City's Engineering Department.
B. Rock Driveways - A rock driveway shall be identified on the erosion control
10
plan. The rock driveway shall be constructed ofCAl/CA2 Course Aggregate
1-2" rock - 6" deep per MPCA Manual.
20. Successors and Assil!ns. This agreement shall be binding upon the successors and
assigns of the parties hereto and shall run with the land.
21. Recordinl! of Al!reement. An original executed copy of this Agreement shall be filed
with the Dakota County Recorder's Office, which shall give notice to all subsequent
purchasers of the property within the Subject Property of the provisions of this
Agreement. All recording fees shall be paid by Developer.
22. Recordinl! of Final Plat. The final plat of the Subject Property, as approved by the
,City, shall be recorded with the Dakota County Recorder's Office,beforc. any
. -building pennit is:issued.
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23. Other Conditions. Nothing in this Development Agreement shall limit or modify in
. .
any way the conditions imposed by the Hastings City Council as part of its approval
'"
of the preliminary plat and final plat of the Subject Property, which conditions are on
file at Hastings City Hall and which are incorporated in full into this Agreement by
reference.
24. Miscellaneous.
A. It is agreed that any breach of the terms of this Development Agreement shall
be grounds for the denial of any building permit, certificate of occupancy or
any other required city approvals with respect to the lot or lots to which the
breach directly relates. Developer shall be provided with notice of any breach
of the terms of this Development Agreement in accordance with the notice
11
provision hereafter and shall be provided a period of30 days in which to cure
the breach. During this 30 day notice, the City shall be allowed to withhold
any required pennits, certificates of occupancy or any other City approvals,
unless the City is given assurances in an amount and a fonn deemed
appropriate in the sole discretion of the City that the breach will be
eliminated.
B. If any portion of this Development Agreement is held in valid for any reason,
that decision shall not affect the validity of the remaining portions of this
Development Agreement.
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c.
The action or inaction of the City shall not constitute awaiveror amendment
. to the provisions of this Development Agreement. All amendments Of'
,
!
waivers to this Development Agreement must be in writing, signed by all
, ,
parties and approved by written resolution of the city council.
/
D. All parties to the Development Agreement have participated freely in the
negotiations and preparation hereof. Accordingly, this Development
Agreement shall not be construed more strictly against anyone of the parties
as a result hereof.
E. Any notice required by this Development Agreement shall be sent to the
parties as follows:
12
TO THE CITY:
City of Hastings
Attn: City Administrator
101 E. Fourth Street
Hastings, MN 55033
TO THE DEVELOPER:
Anthony Brown and Griselda Brown
Dated this _ day of
'. :>,~ :' : 1'- t:
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(SEAL)
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Dated this _ day of
.2005.
. 2005
CITY OF HASTINGS, A MINNESOTA
MUNICIPAL CORPORATION
By: .
By:
13
Michael D. Werner, Mayor
David M. Osberg,
Deputy City Clerk
Anthony E. Brown
Griselda Araiza Bown
ACKNOWLEDGMENT
STATE OF MINNESOTA)
J ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of ,2005 by
Michael D. Werner and David M. Osberg, the Mayor and Deputy City Clerk of the City of Hastings,
Minnesota.
NOTARY PUBLIC
ACKNOWLEDGMENT
STATE OF M )
) ss.
COUNTY OF )
/
The foregoing instrument was acknowledged before me this _ day of
by Anthony E. Brown and Griselda Araiza Brown, husband and wife.
,2005
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
FLUEGEL & MOYNIHAN P.A.
1303 South Frontage Road, Suite #5
Hastings, MN 55033
651-438-9777
(SMM)
14
Memo
VI-12
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
August 15, 2005
Subject:
Development Agreement - RIVERFRONT ADDITION
REQUEST
The City Council is asked to approve the attached Development Agreement between the
City and the developers RIVERFRONT ADDITION an 3 lot multiple family development
consisting of 50 units located on Block 1 TOWN OF HASTINGS.
The City Council granted Final Plat approval on May 16, 2005. As a condition of approval,
the developer was required to enter into a development agreement with the city to
memorialize conditions of approval.
ATTACHMENTS
. Location Map
. Final Plat
. Development Agreement
legend
o Parcels
. Water
Zoning
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. C-2
. C-3
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. F.W
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. R.3
. R-4
. R-5
. R-8
o ROW
. WAT
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Block 1 - Downto~n
Legend
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o Parcels
Map Date: May 6,2005
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SUBDIVISION AND DEVELOPMENT
AGREEMENT FOR
RIVERFRONT ADDITION
This Agreement is made and entered into this _ day of August, 2005, by and between the
City of Hastings, a Minnesota Municipal Corporation ("City"); the Housing and Redevelopment
Authority In and For the City of Hastings, a public body corporate and politic("HRA"); and
Waternont Lofts LLC, a Minnesota LLC ("Developer"); and
WHEREAS, Developer proposes to purchase the property to be platted as Riverrront
Addition in the City of Hastings, Dakota County, Minnesota; and
WHEREAS, Developer intends to undertake the development and construction of a
residential and commercial development within said plat; and
WHEREAS, Developer proposes to develop the Subject Property in no more than three
phases; and
WHEREAS, Developer also seeks site plan approval for improvements to be constructed as
part of Phase 1; and
WHEREAS, all parties to this Agreement desire to memorialize various agreements and
understandings concerning matters of mutual interest regarding the Subject Property and any
construction thereon.
NOW, THEREFORE, it is hereby agreed between the parties as follows:
1. Aoolication of Subdivision and Develooment Allreement This Subdivision and
Development Agreement shall apply to the following property in the City of
Hastings, Dakota County, Minnesota, ("Subject Property"), legally described as:
Riverfront Addition,
According to the recorded plat thereof, on file with the
Dakota County Recorder's Office.
All references in this Development Agreement to a lot or block shall refer to a lot,
block or outlot contained in the plat thereof.
2. Authoritv to Make Allreement Developer warrants it has full authority to enter into
this Subdivision and Development Agreement and perform the conditions herein
contained. Developer further warrants it is authorized to develop the Subject
Property without the consent, participation or pennission of any other person or
entity.
3. Purchase and Development A1!reement Dated Julv 5. 2005. Developer has entered
into a Purchase and Development Agreement dated July 5, 2005 (purchase and
Development Agreement) with the HRA and the City. It is agreed that the terms of
this Subdivision and Development Agreement supplement and do not replace any of
the tenns ofthe Purchase and Development Agreement between the HRA, City and
Developer.
4. Phased Develooment. Developer agrees that the development of the Subject
Property will not occur in more than three phases. The approved phases are shown
on the approved site plan which is on file at Hastings City Hall (City Hall).
Developer agrees it will not deviate fTom this approved phasing plan without the
prior approval of the City with the exception that Developer may reverse the
development order of Phase 2 and Phase 3. Developer further agrees that failure to
follow the phasing plan shall be grounds for the City to withhold any future approvals
sought by Developer. Developer further agrees the approved phasing plan is a
material inducement to get the City to approve Phase 1.
5. Number of Residential Units Aoproved. Phase 1 as shown on the approved site plan
has been approved for 28 residential condominium units to be constructed within one
4-story building with underground parking on Lot 2 of the Subject Property. The
architectural style of this condominium building must be substantially similar to the
elevation drawings on file at City Hall.
6. Sewer Interceptor Fees. Before the City will release the final plat for recording,
Developer must pay to the City sewer interceptor fees for Phase 1 only in the amount
of$II,972.00. This represents 28 units times $365.00 per unit plus .80 acres times
$2,190.00. Phases 2 and 3 will require the payment of additional sewer interceptor
fees in an amount based upon the ordinances in effect at the time the land is sold to
Developer. These sewer interceptor fees shall be paid at the time the land for Phase 2
or 3 is sold to Developer.
7. Park Dedication Fees. Before the City will release the final plat for recording,
Developer must pay to the City park dedication fees for Phase 1 only in the amount
of$32,000.00. This represents 28 units times $1,100.00 per unit plus .80 acres times
$1,500.00. Phases 2 and 3 will require the payment of additional park dedication fees
in an amount based upon the ordinances in effect at the time the land is sold to
Developer. These park dedication fees shall be paid at the time the land for Phases 2
or 3 is sold to Developer.
8. Esolanade. At the time Developer constructs Phase 1, Developer shall also
construct the esplanade and lighting on Lot 2 of the Subject Property as shown on
Public Improvement Plans dated , a copy of which is on file at City Hall.
The City will provide design and material specifications. The cost of constructing the
esplanade and lighting shall be reimbursed to Developer by the HRA upon
completion of construction and acceptance by the City of Hastings Public Works
Department. The City will be responsible for maintaining the esplanade and lighting
after they have been constructed.
At the time the final plat is signed by City, Developer shall convey to City, at no cost,
a permanent easement for public access drainage and utility purposes over the
esplanade as shown on the final plat of the Subject Property.
9. Parkin/!. At the time Phase I is constructed, Developer shall also construct the
parking as shown on. attached Exhibit A. All parking spaces along the east side of
Lot 1 shall be constructed with concrete curb and gutter. All parking spaces on Lots
1 and 2 shall be covered with a bituminous surface as approved by the City. HRA
agrees to give Developer a temporary easement over Lot 1 and Lot 3 for the purposes
of constructing and maintaining the parking areas on both lots.
It is agreed that part of Lot 3 will be graded by Developer and used as a temporary
parking lot until Phase 2 is built. Until construction on Phase 2 commences,
Developer shall keep the graded portions of Lot 3 covered with Class 5 gravel or
asphalt. Developer shall be required to maintain the temporary parking area on Lot
3, and make it available for public parking as shown on the parking plan attached as
Exhibit A, until such time that construction begins on Phase 2. The HRA will
maintain that part of Lot 3 that is undisturbed by Developer until Lot 3 is sold.
10. TraiL Developer agrees to construct a bituminous pedestrian trail along the eastern
edge of Lot 1 trom the north side of Second Street north to a point on Lot 1 to be
determined by the City. This trail shall be at least 10 feet wide and otherwise
constructed to City specifications. The HRA will reimburse Developer for the costs
to construct the trail upon completion of the trail and acceptance by the City's Public
Works Division. This trail will be maintained by the City. At the time the HRA
conveys Lot 1 to Developer, Developer shall convey to City a permanent trail,
drainage and utility easement at no cost to City.
11. Gradin/!. Developer shall grade the Subject Property according to the grading and
erosion control plan dated March 31, 2005, a copy of which is on file at Hastings City
Hall. Any area graded on Lot 1 shall be seeded with grass and maintained by
Developer until the earlier of June 30, 2007 or when development of Phase 3 is
commenced.
Other than as provided for Lot 2 and Lot 3, all disturbed areas on the Subject
Property must be stabilized with a rooting vegetative cover to eliminate any erosion
problems. AIl disturbed areas on the Subject Property shaIl also be maintained in
compliance with all City of Hastings property maintenance ordinances.
Upon completion of site grading, Developer shall submit to the Public Works
Division for review, an "as-built" grading plan in a type and format specified by the
Public Works Division showing the newly graded elevations at all lot comers, critical
elevations in drainage ways, one foot contours at ponding and sedimentation basins,
and at ponding level control points for ponding basin emergency overflow swales.
12. Drive Aisles. Developer shall construct driveway aisles on the property as shown on
the site plan dated March 31,2005, a copy of which is on file at City Hall. The
location of these drive aisles are generally described as being between Lots 1 and 2;
Lots 2 and 3; and that part of Lot 1 adjacent to Lots 2 and 3. The drive aisles on Lot
1 shall be improved to City standards and with a temporary asphalt surface. Curb and
gutter shall also be installed as required by Paragraph 9, except that a 28 foot wide
drive aisle on the south side of Phase 1 (between Lots 2 and 3) will have temporary
asphalt curb on the south side. When Lot 3 is developed, and the parking on the
north side of Lot 3 abutting the previously constructed 28 foot drive aisle is
constructed, the top 1.5 inches of bituminous surfacing ofthe 28 foot drive aisle will
be milled off and overlaid in conjunction with the placement of the fmal lift of
bituminous surfacing for the Lot 3 parking area. A temporary 28 feet wide
north/south drive aisle with bituminous curbing will constructed on Lot 1 extending
south of Lot 2 to connect to 2nd St. as part ofthe Phase 1 improvements.. HRA will
convey to Developer, at no cost, the necessary easement to allow the construction and
use ofthe drive aisles over Lot 1. Developer will be responsible to maintain all drive
aisles until the condominium associations to be created by Developer assume
responsibility for the maintenance.
13. Landscapinl! and Streetscapes. Developer shall install all landscaping as shown on
the Landscape Plan approved by the City Council on May 16, 2005, a copy of which
is on file at Hastings City Hall. Streetscapes (all public improvements in the right of
way between the curb and the property line) for Phase 1 shall be installed by the City
and the cost assessed to the Phase 1 property. All streetscapes adjacent to the Subject
Property to be constructed by the City shall be completed by July 1, 2006. If the City
has not completed the streetscapes by that date, the Developer shall have the right,
but not the obligation, to complete the streetscape. The cost to construct the
streetscapes shall be paid or assessed as provided in Section 3.10 and 3.11 of the
Purchase and Development Agreement.
14. Utilities. AIl utilities shall be constructed according to the Utility Plan dated March
31, 2005, a copy of which is on file at Hastings City Hall. Developer shaIl be
responsible to construct any utilities located between the utility main in the public
right-of-way and any buildings constructed on Subject Property. City wiIl be
responsible for the utility main construction within a right-of-way and burying
overhead utilities. The cost to construct these utilities shall be paid or assessed as
described in Section 3.10 and 3.11 of the Purchase and Development Agreement.
15. Blastin!! Prohibited. Developer shall not blast or allow any blasting to take place on
the Subject Property. When Developer seeks building pennits from the City,
Developer shall identify the method it will use for rock removal on the Subject
Property.
16. Li!!htinJl. All lighting on the Subject Property shall be down cast and incorporate cut
off shielding so as to direct light onto the parking areas and away from adjacent
properties. All lighting on the Subject Property shall be further designed so there are
0.5 foot candles at the Subject Property line.
17. Homeowner's AssocUltion. Before the City will sign and release the final plat
Developer must submit to the City a Declaration of Covenants, Conditions and
Restrictions for City's review and approval. This Declaration shall address such
topics as:
A. Ensure maintenance of open space, median plantings, common drives, drive
aisles and common utilities.
B. Statement requiring the deeds, leases or documents of conveyance affecting
buildings, units, parcels, tracks, townhouses or apartments to be subject to the
terms of the Declaration.
C. A provision for the formation of a property owner's association or
corporation and that all owners must be members of said association or
corporation which shall maintain all properties and common areas in good
repair and which shall assess individual property owners proportionate shares
of joint or common expenses. The association or corporation may not be
terminated or disbanded.
D. Membership in the association shall be mandatory for each owner and any
successive buyer.
E. Space restrictions must be permanent and may not be changed or modified
without City approval.
F. The association shall be responsible for liability insurance, local taxes and the
maintenance of the open space facilities deeded to it.
G. Property owners shall be responsible for their prorated share ofthe costs of
the association by means of an assessment to be levied by the association
which meets the requirements for becoming a lien on the property and in
accordance with Minnesota Statutes.
H. The association may adjust the assessment to meet changing needs.
18 . Waste Refuse Containers. All waste refuse and recycling containers of any type on
the Subject Property shall be located at all times within a fully enclosed building.
19. Private Streets. All streets within the Subject Property are private streets and shall be
maintained by the homeowner's association to be created under Paragraph 17.
20. Tree Preservation/Reolacement Plan. Developer shall submit to the City for its
approval, a tree preservation/replacement plan which shall identify the sizes and
species of all significant trees per the Tree Preservation Policy for replacement.
21. Letter of Credit and Inspection Escrows.
A. Before Developer begins any grading on the Subject Property, Developer or
Developer's contractor shall post with the City a letter of credit or escrow in
the amount of 125% of the grading cost.
B. Before the Developer begins any street and utility construction, Developer
shall post with the City a letter of credit or cash escrow in the amount of
125% of the street and utility improvement costs. Additionally, before any
grading or street and utility construction commences, Developer shall also
post the cash escrow in an amount determined by the City's Public Works
Director to reimburse the City for inspection fees that incur for the grading,
street and utility construction inspections. Before Developer begins any
grading or any street or utility construction, Developer shall provide City with
proof of liability and insurance in an amount of at least one million dollars.
City shall also be named as an additional insured on all liability insurance
policies used to satisfy the requirements of this paragraph.
C. All letters of credit required by this Agreement shall be in a form acceptable
to the City and issued by a company licensed to do business in Minnesota.
D. Maintenance Bond - Prior to accepting or approving the completed
Developer financed and constructed grading and/or street and utility
improvements, the Developer must submit a maintenance bond from
Developer's contractor in the amount of 20% of the improvement costs,
covering a period of one year after City acceptance of the improvements.
E. Privately Constructed Improvements - fu the event the Developer elects to
pay one hundred percent (100%) of all costs incurred for installation of the
improvements outside of the normal assessment procedure, Developer may
do so provided Developer complies with the following requirements:
1. All construction shall be in accordance with plans and specifications
approved by the Public Works Division.
2. The Developer must retain a registered civil engineer to design and
inspect the improvements and to certify that the improvements were
constructed in accordance with the approved plans.
3. Complete the required improvements within a two-year period.
4. Provide the City with reproducible as-built drawings of the
improvements within two months of completion of the
improvements.
22. Soecifications - Insoections. Unless otherwise stated, all of the required
improvements shall conform to engineering standards and specifications as required
by the City. Such improvements shall be subject to inspection and approval by, and
shall be made in sequence as determined by the Public Works Division. Plans and
specifications for the required improvements shall be submitted to the Public Works
Division in a type and format specified by the Public Works Division for review and
approval. The required improvement plan review fee as established by City Council
resolution shall be paid at this time.
Inspection of Public Improvements - Construction of all subdivision street and utility
improvements and other required subdivision improvements shall be inspected by a
City designated inspector for compliance with City standards, and the approved
improvement plans and specifications. The Public Works Director shall determine
the estimated cost of inspection services. The City will pay all improvement
inspection costs incurred from these funds escrowed pursuant to Section 21 (B), and
furnish the Developer with copies of all invoices received. The City will also charge
10% ofthe consultant fees to cover City overhead and administration costs connected
to the inspection services. Excess funds will be returned to the Developer upon
completion and acceptance ofthe improvement project. If the funds deposited with
the City are insufficient to cover the inspection costs, the Developer will be required
to deposit additional funds with the City to cover the estimated overage.
As-Built Improvement Plan - Upon completion of the required public improvements,
the City inspector shall prepare a record as-built drawing of the constructed
improvements.
23. Electronic Cooies of Reauired Documents. Before the City will sign the final plat,
Developer shall submit to the City, grading plan in an electronic format which is
acceptable to the Hastings Engineering Department.
24. Prooertv Monuments. Steel monuments shall be placed at all block comers, lot
comers, angle points, points of curves in streets and at intermediate points as shown
on the Final Plat. Such installation shall be the Developer's expense and
responsibility. All federal, state, county, or other official benchmarks, monuments,
or triangulation stations in or adjacent to the Subject Property shall be preserved in
precise position. The Developer shall replace all monuments displaced, damaged or
removed during grading operations. The monuments shall be installed after the final
grading has been completed. The Developer shall provide required certification of
installation to the County. A copy of this certification shall also be sent to the City.
25. Requirements for a Buildinl! Permit.
No occupancy permits shall be granted on the Subject Property until such time as a
certified copy of the recorded plat has been filed with the City and production of
proof that all conditions of plat approval have been met. In a case where the City or
HRA is a party to the platting, a copy of the plat, certified by the City Clerk as true
and correct, shall satisfy the requirements of this section.
No occupancy permits shall be granted on the Subject Property until such time that
the Developer provides the City with a certified survey indicating that the entire site
as shown on the preliminary and final plats has been graded pursuant to the
elevations shown on the approved preliminary and site plans..
No occupancy permits, except for approved sales models, shall be granted on the
Subject Property until the bituminous base course has been constructed, sod behind
the curb and gutter installed, and sanitary sewer, water main and storm sewer
improvements tested and accepted.
26. Buildinl! Permit Submittal Requirements. An original certificate of survey from a
licensed surveyor is required for all new development, including expansions of
existing buildings. The Building Official may for accessory structures or minor
additions (decks, porches, attached garages), waive the Certificate of Survey
submittal requirements in favor of an approved site plan indicating the location of
existing and proposed structures in relation to lot lines.
A. The Certificate of Survey shall reference and be based on an approved
grading plan.
B. The Certificate of Survey shall include at a mInlmum the following
information:
1. Property boundaries.
2. Existing structures.
3. Proposed structures (including driveways).
4. Existing and proposed lot comer elevations.
5. Proposed drainage flow (arrows).
6. Proposed garage floor elevation.
7. Proposed lowest floor elevation.
8. Proposed lowest foundation opening.
9. Proposed top of foundation elevation (nont and rear).
10. Proposed finish grade elevations at building comers.
11. Street right-of-way (to centerline).
12. Existing property monuments.
13. Detailed spot elevations for drainage swales based on the approved
grading plan.
14. Existing and proposed midpoint elevations on side lot lines.
15. Existing top of curb elevations at the extension of side lot lines and at
the midpoint of the lot.
16. On-site sewage treatment system location and potable well location, if
applicable.
C. Survey benchmarks shall be identified on certificate of survey.
D. Field hubs shall be placed onsite by a licensed surveyor to show top of
foundation elevation and setbacks.
27. Erosion Control Plan Requirements (Mav be identified on Certificate ofSurvev).
A. Silt Fence - A silt fence shall be identified on the erosion control plan. The
silt fence shall be located along the tront yard (3 feet ITom curb or behind
sidewalk), along existing developed yards, and where needed for erosion
control as determined by the City=s Engineering Department.
B. Rock Driveways - A rock driveway shall be identified on the erosion control
plan. The rock driveway shall be constructed ofCAl/CA2 Course Aggregate
1-2" rock - 6" deep per MPCA Manual.
28. Successors and Assiens. This agreement shall be binding upon the successors and
assigns of the parties hereto and shall run with the land.
29. Recordine of A1!reement. An original executed copy of this Agreement shall be filed
with the Dakota County Recorder's Office, which shall give notice to all subsequent
purchasers of the property within the Subject Property of the provisions of this
Agreement. All recording fees shall be paid by Developer.
30. Recordin1! of Final Plat. The final plat of the Subject Property, as approved by the
City, shall be recorded with the Dakota County Recorder's Office, before any
building permit is issued.
31. Additional Easements. All parties agree that if any party reasonably requests an
easement not provided for herein nom one of the other parties in order to carry out
the provisions of this Agreement, such other party shall grant the requested easement
at no cost to the requesting party. This provision only applies to Block I of the
Subject Property.
32. Other Conditions. Nothing in this Development Agreement shall limit or modify in
any way the conditions imposed by the Hastings City Council as part of its approval
of the preliminary plat, final plat and site plan of the Subject Property, which
conditions are on file at Hastings City Hall and which are incorporated in full into
this Agreement by reference.
33. Miscellaneous.
A. It is agreed that any breach of the terms of this Development Agreement shall
be grounds for the denial of any building permit, certificate of occupancy or
any other required city approvals with respect to the lot or lots to which the
breach directly relates. Developer shall be provided with notice of any breach
of the terms of this Development Agreement in accordance with the notice
provision hereafter and shall be provided a period of30 days in which to cure
the breach. During this 30 day cure period, the City shall be allowed to
withhold any required permits, certificates of occupancy or any other City
approvals, unless the City is given assurances in an amount and a form
deemed appropriate in the sole discretion of the City that the breach will be
eliminated.
B. If any portion of this Development Agreement is held invalid for any reason,
that decision shall not affect the validity of the remaining portions of this
Development Agreement.
C. The action or inaction ofthe City shall not constitute a waiver or amendment
to the provisions of this Development Agreement. All amendments or
waivers to this Development Agreement must be in writing, signed by all
parties and approved by written resolution ofthe city council.
D. All parties to this Development Agreement have participated freely in the
negotiations and preparation hereof. Accordingly, this Development
Agreement shall not be construed more strictly against anyone ofthe parties
as a result hereof.
E. Any notice required by this Development Agreement shall be sent to the
parties as follows:
TO THE CITY:
City of Hastings
Attn: City Administrator
101 E. Fourth Street
Hastings, MN 55033
TO THE HRA:
Hastings HRA
Attn: Executive Director
101 E. 4th ST.
Hastings, MN 55033
TO THE DEVELOPER:
Waterftont Lofts LLC
c/o Sherman Associates, Inc.
233 Park Ave. S., Suite 201
Minneapolis MN 55415
Dated this _ day of August, 2005.
(SEAL)
Dated this
day of August, 2005.
CITY OF HASTINGS, A MINNESOTA
MUNICIPAL CORPORATION
By:
Michael D. Wemer, Mayor
By:
David M. Osberg, Deputy City Clerk
Housing and Redevelopment Authority in
and for the city of Hastings, a public body
corporate and politic
By:
Its Chairperson
By:
Its Executive Director
Dated this
day of August, 2005
DEVELOPER:
WATERFRONT LOFTS LLC,
A LIMITED LIABILITY COMPANY
By:
George E. Shennan
President and Chief Manager
ACKNOWLEDGMENT
STATE OF MINNESOTA)
) SSe
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of August, 2005 by
Michael D. Werner and David M. Osberg the Mayor and Deputy City Clerk of the City of Hastings, ,
Minnesota.
NOTARY PUBLIC
ACKNOWLEDGEMENT
STATE OF MINNESOTA)
)
COUNTYOFDAKOTA )
The foregoing instrument was acknowledged before me this _day of August, 2005 by
and the Chairperson and Executive Director of
the Housing and Redevelopment Authority in and for the city of Hastings, a public body
corporate and politic.
NOTARY PUBLIC
ACKNOWLEDGMENT
STATE OF MINNESOTA)
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ,2005
by George E. Sherm~ the President and Chief Manager of Waterfront Lofts LLC, a Minnesota a
limited liability company.
THIS INSTRUMENT DRAFTED BY:
Fluegel & Moynihan P.A.
1303 South Frontage Rd., #5
Hastings, MN 55033
SMM/ham
NOTARY PUBLIC
EXHffiIT A
Curbs and parking spaces to be built with Phase I.
JU..-28-2005 17:23
~ ASSOCIATES IN<::
612 332 8119
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Parking spaces on Lot 3
Modification to Paragraph 2 of Schedule J:
Public spaces in rows C and D to be on the west half of the lot and Shennan uses on
the east half of the lot.
SCHEDULEJ
Parking Plan
The location of public spaces available during site preparation (see map).
1. During construction ofPbase I, the construction staging area will be at the north end of
block one.
2. During most of the grading, site preparation and construction period the parking lot on
the north-east corner of Second and Tyler will be available for parking.
,
. .'
Row A - construction workers - 16 spaces.
Row B - shared, construction and pubic - 17 spaces
Row C - public only - 18 spaces .
Row D - shared public and Sherman marketing trailer - 19 spaces
3. During a short period of site preparation, Rows A and B will not be available while a
retaining wall is removed and the site graded. Construction workers and the public will
be directed to use the on-street parking described below. After grading the area will be
surfuced with Class 5 and then be available for parking as above.
4. On-street parking during the construction period. Tyler Street ftom Second to Fourth is
not a two-hour zone. There are about 40 spaces in the two-block area. Only a few
vehicles park on Tyler during week: days; the number of spaces should be adequate to
replace Rows A and B.
5. The new parking lot on the south-east comer of Second and Tyler will be under
construction at the same time as Phase I grading and site preparation. When this lot is
completed, approximately 100 additional spaces will be avaiJable for public use.
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VI-13
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
August 15, 2005
Subject:
Approve Change: Sidewalk to Berm - Lawrence Condo Project.
REQUEST
The City Council is asked to approve the following change to Site- Plan #2004-21 -;
Lawrence Condominiums located on Lot 2, Block 1 , Williams 1 st Addition:
1) Install a berm in the area reserved for future sidewalk along; the west side of .
Whispering Lane.
The change is at the request of a neighboring property owner to provide better separation
between the condo building and single fa{l1i1y homes along Whispering Lane. Because of
the grade and placement of the buildings, it does not appear feasible to construct both the
berm and reserve space for a future sidewalk.
RECOMMENDATION
I
Approval of the change is recommended for the following reasons:
1) . No other sections of sidewalk presently exist or are planeed along the west side
of Whispering Lane between Featherstone Road and 4th Street.
2) Significant grading and retaining wall construction would be required to extend
the sidewalk across four new single family homes north of the site.
3) Whispering Lane is not a collector road and is not on the City's sidewalk\trail
plan.
4) Lawrence was not required to construct a sidewalk, but to reserve space for a
potential future sidewalk.
Upon approval by the Council, the specifications and final location of the berm
would be determined.
ATTACHMENTS
. Location Map
t
..~--.,....._'"'"
Lawrence Builders
2 - 36 Unit Bldgs
Legend
0 CIty Umt1I ~ R-5
- w_ - R-8
0 CltyP.....1o COMMERCIAL
0 0 C-1
Townohlp Po..olo - C-2
Zoning - C-3
NA"llJRAL RESOURCES - C-4
0 A - 0-1
- F-W NDUSTRIAL
- WAT <2Z> ~1
RESIDENTIAL - ~2
0 R-1 OTHER
0 R-2 . P_I
0 R-3 0 ROW
0 R-4
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Site Location
VI-14
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 08-15-2005
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE RESERVE PROGRAM
WHEREAS, Hastings Chamber of Commerce Rivertown Days have
presented to the Hastings Police Department a donation of $ 2,900.00 and have
designated that this donation be used for the Hastings Police Reserve Program
and
WHEREAS, the City Council is appreciative of the donation and
commends the Hastings Chamber of Commerce Rivertown Days for their civic
efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for the Hastings Police
Department Reserve Program
3. That the 2005 Police Reserve program Budget be adjusted
accordingly. .
Adopted this 15th day of August, 2005
Michael Wernerl Mayor
Attest:
David Osberg, City Administrator/City Clerk
VI-iS
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 08-15-2005
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE CANINE PROGRAM
WHEREAS, Hastings Chamber of Commerce Rivertown Days have
presented to the Hastings Police Department a donation of $ 300.00 and have
designated that this donation be used for the Hastings Police Canine Program
and
WHEREAS, the City Council is appreciative of the donation and
commends the Hastings Chamber of Commerce Rivertown Days for their civic
efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for the Hastings Police
Department Canine Program
3. That the 2005 Police Canine program Budget be adjusted accordingly.
Adopted this 15th day of August, 2005
Michael Werner, Mayor
Attest:
David Osberg, City Administrator/City Clerk
rro j tGt z.oO-6-~ Request For Payment
Date: August 08, 2005 VI-16
Project: DAKOTA HILLS AREA IMPROV
Contractor: Pember Excavating Company
Request Number: 1
Payment Period: 7/1/2005.7/31/2005
ITEM ORIGINAL BID COMPLETED
I This Period II To Date I
Unit II Quantity II Unit Price I I Quantity II Amount II Quantity II Amount -]
REMOVE CONC CURB AND GUTTER LF 13200 $3.50 8585 $30,047.50 8585 $30,047.50
REMOVE BIT CURB LF 15600 $2.00 5255 $10,510.00 5255 $10,510.00
REMOVE CONC SIDEWALK/DRIVEWAY SY 2655 $4.50 179 $805.50 179 $805.50
MILL BIT PAVT SY 53190 $1.62 28700 $46,494.00 28700 $46,494.00
REMOVE BIT PAVT Sy 2310 $3.00 123 $369.00 123 $369.00
COMMON EXC (EV) CY 21030 $6.00 5560 $33,360.00 5560 $33,360.00
SUBGRADE EXC (EV) CY 3825 $8.00 220 $1,760.00 220 $1,760.00
GRANULAR BORROW (LV) CY 4675 $3.00 15 $45.00 15 $45.00
AGG BASE CL 5 (STREET) TON 23000 $10.00 11355 $113,550.00 11355 $113,550.00
CONC CURB & GUTTER B618 LF 30125 $8.10 8585 $69,538.50 8585 $69,538.50
6" CONC DRIVEWAY PAVT (SY) SY 3495 $34.87 237 $8,264.19 237 $8,264.19
CHIMNEY SEAL EA 83 $290.00 10 $2,900.00 10 $2,900.00
~ ;. ..1
SALVAGE & REINSTALL EX CASTING EA 83 $50.00 10 $500.00 10 $500.00
SIL T FENCE LF 500 $2.50 265 $662.50 265 $662.50
CONNECT TO EX SAN SEWER (MHS) EA 4 $930.38 2 $1,860.76 2 $1,860.76
4" ON 8" PVC WYE EA 26 $25.00 26 $650.00 26 $650.00
4" PVC SDR 26 (FOR SERVICES) LF 680 $27.00 234 $6,318.00 234 $6,318.00
8" PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF 370 $22.00 255 $5,610.00 255 $5,610.00
8" PVC PIPE SEWER SDR 35 (10-12' DEPTH) LF 520 $23.50 384 $9,024.00 384 $9,024.00
8. PVC PIPE SEWER SDR 35 (12-14' DEPTH) LF 490 $26.50 323 $8,559.50 323 $8,559.50
48" DIA SSMH EA 7 $2,150.00 4 $8,600.00 4 $8,600.00
EXTRA DEPTH MH OVER 10' LF 31 $125.00 7 $875.00 7 $875.00
CONNECT TO EX WM EA 25 $3,175.00 7 $22,225.00 7 $22,225.00
Page 1 of 4
. .-..
ITEM ORIGINAL BID COMPLETED
I This Period II To Date
Unit II Quantity I [ Unit Price I I Quantity II Amount II Quantity II Amount
REMOVE EX HYDANDGV EA 27 $600.00 13 $7,800.00 13 $7,800.00
REMOVE EX GV EA 27 $275.00 10 $2,750.00 10 $2,750.00
CONSTRUCT TEMPORARY WM & SERVICES LF 2500 $1.00 2470 $2,470.00 2470 $2,470.00
6" DIP CL 52 WI FITTINGS LF 370 $39.00 145 $5,655.00 145 $5,655.00
8" DIP CL 52 WI FITTINGS LF 1160 $37.00 1150 $42,550.00 1150 $42,550.00
12" DIP CL 52 WI FITTINGS LF 10 $65.00 4 $260.00 4 $260.00
6" GV AND BOX EA 24 $850.76 6 $5,104.56 6 $5,104.56
8" GV AND BOX EA 7 $1,050.00 4 $4,200.00 4 $4,200.00
10" GV AND BOX EA 6 $1,270.00 $1,270.00 $1,270.00
12" GV AND BOX EA $1,700.00 $1,700.00 1 $1,700.00
1" TYPE K COPPER WI FITIINGS LF 600 $21.00 120 $2,520.00 120 $2,520.00
1" CORP STOP EA 26 $60.00 4 $240.00 4 $240.00
1" CURB STOP AND BOX EA 26 $135.00 4 $540.00 4 $540.00
HYD 7.5' BURY WI GV EA 29 $2,550.00 15 $38,250.00 15 $38,250.00
6" HYD EXTENSION EA 15 $315.00 10 $3,150.00 10 $3,150.00
12" HYD EXTENSION EA 5 $355.QO 4 $1,420.00 4 $1,420.00
CONNECT TO EX STORM SEWER STRUCTURE EA 7 $580.00 $580.00 1 $580.00
CONNECT TO EX STORM SEWER EA 32 $435.00 5 $2,175.00 5 $2,175.00
BULKHEAD EX STORM SEWER EA 11 $315.00 2 $750.00 2 $750.00
12" RCP DES 3006 CL III LF 238 $32.00 44 $1,408.00 44 $1,408.00
CONST DRAINAGE STRUCTURE DES 241X36" EA 17 $1,370.00 4 $5,480.00 4 $5,480.00
CONST DRAINAGE STRUCTURE DES 4020-48 EA 8 $2,000.00 1 $2,000.00 $2,000.00
CONST DRAINAGE STRUCTURE DES 4020-72 EA 3 $2,765.00 1 $2,765.00 $2,765.00
TRAFFIC CONTROL LS $14,200.00 0.2 $2,840.00 0.2 $2,840.00
11/2" CORP STOP EA $180.00 1 $180.00 $180.00
1 1/2" CURB STOP AND BOX EA $200.00 $200.00 $200.00
1 1/2" TYPE K COPPER W/FITIINGS LF 40 $27.00 40 $1,080.00 40 $1,080.00
CUT 4" ON 8" WYE EA 15 $155.00 3 $465.00 3 $465.00
Subtotal $522,331.01 $522,331.01
Page 2 of 4
City of Hastings
DAKOTA HILLS AREA IMPROVEMENTS
Application for Payment Number: 1
Period Ending: 7/31/2005
Contractor: Pember Excavating Company
N 4449 . 469th Street
Menomonie, WI 54751
Contractor
Engineer
Approved by:
Owner
Date
Date
Date
Page 3 of 4
PAYMENT SUMMARY:
Pay Est. #
Period
7/1/2005 . 7/31/2005
Retalnage
$0.00
Payment
$522,331.01
TOTALS TO DATE:
$0.00
$522,331.01
Total Completed To Date
Less Retainage:
Less Previous Payment:
Total Amount Due:
$522,331.01
$0.00
$0.00
$522,331.01
Page 4 of 4
P~05-2.
Date: August 08, 2005
Project: ZWEBER LANE AREA IMPROV
Contractor: Pember Excavating Co.
Request Number: 1
Payment Period: 7/1/2005.7/31/2005
ITEM
Request For Payment
VI-I 7
ORIGINAL BID COMPLETED
I This Period II To Date
Unit II Quantity II Unit Price I. I Quantity II Amount II Quantity II Amount
SALVAGE FENCE LF 50 $18.00 20 $360.00 20 $360.00
REMOVE BIT CURB LF 2200 $2.00 1488 $2,976.00 1488 $2,976.00
MILL BIT PAVT Sy 4100 $2.50 3600 $9,000.00 3600 $9,000.00
SALVAGED AGG FROM STOCKPILE Cy 200 $8.00 540 $4,320.00 540 $4,320.00
COMMON EXC (EV) CY 5300 $7.00 805 $5,635.00 805 $5,635.00
SUBGRADE EXC (EV) Cy 300 $8.00 414 $3,312.00 414 $3,312.00
AGG BASE CL 5 (STREET) TON 1150 $10.00 1270 $12,700.00 1270 $12,700.00
BIT MATERIAL FOR TACK COAT GAL 175 $2.65 5 $13.25 5 $13.25
BIT NON WEAR COURSE (MV 3) STREET TON 360 $38.00 51.67 $1,963.46 51.67 $1,963.46
SILT FENCE LF 600 $2.40 803 $1,927.20 803 $1,927.20
CONNECT TO EX SAN SEWER (PIPE) EA 3 $600.00 1 $600.00 1 $600.00
4" PVC SDR 26 (FOR SERVICES) LF 250 $25.50 32 $816.00 32 $816.00
8" PVC PIPE SEWER SDR 35 (0-10' DEPTH) LF 20 $65.00 16 $1,040.00 16 $1,040.00
2" THICK 4' X 8' INSULATION SHEET SHEET 7 $64.00 6 $384.00 6 $384.00
48" DIA SSMH EA $3,000.00 $3,000.00 1 $3,000.00
CONNECT TO EX WM EA 1 $3,100.00 2 $6,200.00 2 $6,200.00
REMOVE EX HYD AND GV EA 1 $650.00 $650.00 1 $650.00
6" DIP CL 52 WI FITTINGS LF 455 $34.25 455 $15,583.75 455 $15,583.75
6" GV AND BOX EA 2 $875.00 1 $875.00 1 $875.00
6" LIVE TAP ON EX 8" WM EA $1,400.00 1 $1,400.00 1 $1,400.00
1" TYPE K COPPER WI FITTINGS LF 300 $27.00 195 $5,265.00 195 $5,265.00
1" CORP STOP EA 4 $80.00 6 $480.00 6 $480.00
1" CURB STOP AND BOX EA 4 $135.00 4 $540.00 4 $540.00
Page 1 of 4
ITEM ORIGINAL BID COMPLETED
I This Period II To Date
Unit II Quantity II Unit Price I I Quantity II Amount II Quantity II Amount
HYD 7.5' BURY WI GV EA 4 $1,930.00 4 $7,720.00 4 $7,720.00
15" RCP DES 3006 CL III LF 365 $30.50 308 $9,394.00 308 $9,394.00
CONST DRAINAGE STRUCTURE DES 24"X36" EA 4 $1,460,00 3 $4,380.00 3 $4,380.00
CONST DRAINAGE STRUCTURE DES 4020-48 EA 1 $2,020.00 1 $2,020.00 1 $2,020.00
CONST DRAINAGE STRUCTURE DES 4020-54 EA 2 $2,425.00 $2,425.00 $2,425.00
TRAFFIC CONTROL LS 1 $4,500.00 0.5 $2,250.00 0.5 $2,250.00
Subtotal $107,229.66 $107,229.66
Page 2 of 4
.
- -. .. ~ ~ . .
city of Hastings
ZWEBER LANE AREA IMPROVEMENTS
Appl/calon tor Payment Number: 1
Pertod EndI~ 7/3112005
C<JntrlCtor. Perrber EX08vat~ Co.
N 4449 .4e9th Str9_r:i ~
~~r-~
./Conlraclor
Engine.,
Approved by:
Own...
.t" .- "
.:
... .... ... ,"; r".
g>L~~5
Date
Date
Date
:: ....."
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PAYMENT SUMMARY:
Pay Est. #
1
Period
7/1/2005 . 7/31/2005
TOTALS TO DATE:
Retainage
$0.00
$0.00
Payment
$107,229.66
$107,229.66
Total Completed To Date
Less Retainage:
Less Previous Payment:
Total Amount Due:
$107,229.66
$0.00
$0.00
$107,229.66
Page 4 of 4
Proj.c. ZOO~-&I
Date: August 08, 2005
Project: LeDUC MANSION PARKING LO
Contractor: Midwest Asphalt Corporation
Request Number: 3 I
Payment Period: 7/1/2005 -7/31/2005
ITEM
.
Request For Payment
VI-l 8
ORIGINAL BID COMPLETED
I This Period II To Date
Unit II Quantity II Unit Price I I Quantity II Amount II Quantity II Amount
CLEARING (TREE) TREE 4 $225.00 0 $0.00 4 $900.00
GRUBBING (TREE) TREE 4 $115.00 0 $0.00 4 $460.00
REMOVE CONC CURB AND GUTTER LF 83 $3.75 0 $0.00 83 $311.25
REMOVE DRIVEWAY PAVT SF, 227 $1.00 0 $0.00 184 $184.00
,
COMMON EXC LS 1 $15,600.00 0 $0.00 $15,600.00
AGG BASE CL 5 100% CRUSHED TON . 850 $12.75 396.7 $5,057.93 821.7 $10,476.68
BIT WEAR COURSE (MV 4) STREET TON .240 _ $50.00 246.6 $12,330.00 252.1 $12,605.00
BIT NON WEAR COURSE (MV 3) STREET TON 240 $43.20 212 $9,158.40 217.5 $9,396.00
BIT MATERIAL FOR TACK COAT GAL 100 $3.10 50 $155.00 50 $155.00
14' STEEL GATE EA 2 $1,200.00 2 $2,400.00 2 $2,400.00
PED CURB RAMPS & 4" CL 5 AGG BASE EA 1 $290.00 0 $0.00 $290.00
4" CONC WALK & 4" CL 5 AGG BASE SF 1423 $5.00 0 $0.00 975 $4,875.00
8" CONC DRIVEWAY PVMT & 4" CL 5 AGG BASE SF 124 $9.00 0 $0.00 161.32 $1,451.88
CONC CURB & GUTTER B618 LF 44 $28.00 0 $0.00 38 $1,064.00
CONC CURB & GUTTER B624 LF 22 $34.00 0 $0.00 20 $680.00
TRAFFIC CONTROL LS $230.00 0 $0.00 $230.00
RELOCATE TREE EA 2 $90.00 0 $0.00 2 $180.00
MACHINE SLICED SILT FENCE LF 1276 $1.95 0 $0.00 827 $1,612.65
EROSION CONTROL LS $575.00 0.5 $287.50 $575.00
ADJUST CLEANOUT EA 3 $425.00 0 $0.00 3 $1,275.00
1" CURB STOP AND BOX EA $110.00 0 $0.00 $110.00
1" CORP STOP EA $67.00 0 $0.00 $67.00
1" TYPE K COPPER W / FITTINGS LF 18 $62.00 0 $0.00 18 $1,116.00
....lIIi...
Page 1 of 4
ITEM
ORI9INAL BID COMPLETED
I This Period II To Date
Unit II Quantity II Unit Price I I Quantity II Amount II Quantity II Amount
EA $215.00 0 $0.00 $215.00
LS 1 $16,000.00 0.65 $10,400.00 0.95 $15,200.00
CY 3350 $7.60 -54.6 ($414.96) 2837.1 $21,561.96
CY 850 $3.50 -40.2 ($140.70) 752.5 $2,633.75
2500 $7.70 212.5 $1,636.25 2712.5 $20,886.25
$40,869.42 $126,511.42
1 1/4" YARD HYDRANT
ELECTRICAL LIGHTING SYSTEM
EXCAVATION OF UNSUITABLE MATERIAL
RECYCLED AGG MATERIAL FROM CITY STOCKPILE
SELECT GRANULAR BORROW MOD. 10%
Subtotal
"
Page 2 of 4
City of Hastings
LeDUC MANSION PARKING LOT CONSTRUCTION
Application for Payment Number: 3
Period Ending: 7/31/2005
Contractor: Midwest Asphalt Corporation
POBox 5477
Hopkins, MN 55343
Contractor
"
Engineer
>.
Approved by:
Owner
Date
Date
Date
Page 3 of 4
PAYMENT SUMMARY:
"
Pay Est. #
1
2
3
Period
5/1/2005 - 5/31/2005
6/1/2005 - 6130/2005
7/1/2005 - 7/31/2005
Retainage
$1,044.08
$784.11
$2,043.48
Payment
$68,915.69
$14,898.12
$38,825.94
TOTALS TO DATE:
$3,871.67
$122,639.75
Total Completed To Date
Less Retainage:
Less Previous Payment:
Total Amount Due:
$126,511.42
$3,871.67
$83,813.81
$38,825.94
"
Page 4 of 4
August 10, 2005
TO:
The Honorable Mayor & Council
VI-19
FROM:
John Grossman, HRA Director
RE:
Authorization to request advance of funds from National Park Service.
The Mississippi National and Recreational River (NPS) has funds available to assist the
city with directional signage for the Riverfront Trial, LeDuc House and Historic
Downtown. The proposal was given concept approval by the City Council on July 18,
2005. The estimated cost of the signs is $3,250. The City will contract the fabrication of
the signs and be reimbursed by NPS. The City match will be installation.
The MNRRA also has funds available for a kiosk at the boat Janding. This is an addition
to the directional signage project. They have coordinated with DNR to consolidate many
of the informational signs now scattered about the site to the kiosk. The display space on
the kiosk would also incorporate the MNRRA area map. The addition of the City and
DNR boat launch signage to the kiosk, or alternately on a separate new sign will be
considered. A separate sign is estimated to cost $3,000.
See the attached drawings of the kiosk. It would be built by the Minnesota Conservation
Corps. The kiosk would be contracted by the City and reimbursed by NPS. The
estimated cost is $4,000. Mr. Bernstein has reviewed and believes the Parks Department
can provide a City match in the form of site prep and concrete footings.
An additional project, if funds permit, would be program analysis for an interpretive
center. Whether an interpretive center were eventually built in JC park, or another
location, a study of the basic purpose and approach would always be necessary and
having it done in ~vance would reduce costs later. An estimate of this cost is $10,000.
ACTION: Authorization for City to make application to the National Park Service for an
advance on the funds necessary for the above projects. The application has to be made
by September 1st to encumber the funds before the end of the federal fiscal year.
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VII-1
Donald J. Fluegel *
Shawn M. Moynihan
Daniel J. Fluegel
FLUEGEL & MOYNIHAN PA
Attorneys At Law
1303 South Frontage Road, Suite 5
Hastings, MN 55033-2477
Telephone 651-438-9777
Fax 651-438-9775
MtYUortlnduyu
To:
Mayor Mike Werner and City Council Members
From:
Shawn M. Moynihan, City Attorney
Date:
August 11, 2005
Subject:
Short Stop Liquor - lllegal Sale
At the August 15,2005 city council meeting, the city council will be asked to impose a license
suspension and civil fine upon Short Stop Liquor's off-sale license as a result of its recent alcohol
compliance check failure.
On July 28, 2005, the Hastings Police Dep~ent conducted alcohol compliance checks on
establishments in the city. An employee of Short Stop Liquor sold alcohol to an underage individual
,. without checking for identification. This is Short Stop Liquor's second violation within the past 24-
months. The council, however, should be aware that this is also Short Stop Liquor's fifth violation
since November, 1998. The dates oft):le violations and the penalties imposed are as follows:
November 1998 - Unknown penalty
October 2000 - $300.00 civil penalty or install card reading device
~
December 2001 - $1,000.00 penalty and five day suspension
September 2004 - $300.00 civil penalty
July 2005 - To be determined
I am enclosing a copy of the city council's Resolution number 12-3-2000 which was passed on
December 4, 2000. Previously, the council dealt with each illegal liquor sale on a case by case
basis. In 2000, the council wished to come up with guidelines for penalties for illegal liquor sales.
The enclosed Resolution is a result of the council's discussion. You will see that the penalties
increase for any subsequent violations within a 24-month period.
In paragraph B, you will see that the council did retain the right to impose a penalty different from
the guidelines if the council felt it was appropriate under the circumstances.
* Also admitted to practice in Wisconsin
In this case, this is Short Stop Liquor's second violation within 24-month period. This is, however,
Short Stop Liquor's fifth violation within about a six and a half year period.
Under the guidelines in Resolution 12-3-2000, this is Short Stop Liquor's second offense within a
24-month period. The guidelines call for a $750.00 civil penalty and a two-day license suspension
to occur on a Thursday and Friday selected by the council. The council, if it deems appropriate, has
retained the right to impose a different penalty if circumstances warrant it.
At the upcoming council meeting, Short Stop Liquor should be given an opportunity to address the
council about the violation and what it feels an appropriate penalty should be. If Short Stop Liquor
wants to present witnesses to testify on its behalf, that should be permitted. After the council has
heard the evidence, it needs to make a decision on what penalty to impose. The council's final
decision should be in the fonn of a written resolution. I will have a draft Resolution prepared for
the council where the council can fill in the blanks as to the penalty to be imposed.
If you have questions prior to the council meeting, please feel free to call me.
SMM/ham
cc Kraig Thompson, Short Stop Liquor
"
"
HASTINGS CITY COUNCIL
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF HASTINGS
ADOPTING FINDINGS OF FACT REGARDING THE ILLEGAL LIQUOR SALE AT
SHORT STOP LIQUORS AND IMPOSING PENALTIES FOR THAT VIOLATION
Dated: August 15, 2005
Council Member
adoption:
introduced the following Resolution and moved its
FINDINGS OF FACT.
1. Short Stop Liquors holds an off-sale liquor license issued by the City of Hastings.
2. On July 28,2005, the Hastings Police Department conducted alcohol compliance checks at
businesses in the City of Hastings which hold an off-sale or an on-sale liquor license.
3. During the compliance check at Short Stop Liquors, an employee of that business sold
alcohol to an underage individual who was participating with the Hastings Police Department
in the compliance check.
4.
,
This illegal liquor sale was also witnessed by a plain clothed Hastings police officer who was
in the store as part of the alcohol compliance check.
5. Short Stop Liquors has four prior fail~es of alcohol compliance checks, in November 1998,
October 2000, December 2001 and September 2004.
!
6. The most recent illegal liquor sale was within 24 months of the warning issued by the
Hastings city council.
7. The city council has adopted guidelines for alcohol illegal liquor sales which provided that
a second violation within 24-months will result in a two-day license suspension and a $750
civil penalty.
8. The guidelines adopted by the city council provide that the city council reserves the right to
deviate from the guidelines in any particular case.
NOW, THEREFORE, BE IT RESOLVED BY THE HASTINGS CITY COUNCIL AS
FOLLOWS:
1.
Short Stop Liquors shall be assessed a $
no later than
civil penalty which is to be paid
2. Short Stop Liquors shall have a _ day license suspension on the following days:
Council Member moved a second to the foregoing Resolution and upon being
put to a vote, this Resolution was unanimously adopted by all council members present. Where
upon, the Mayor declared the Resolution to be duly passed.
CITY OF HASTINGS, A MINNESOTA
MUNICIPAL CORPORATION
By:
Michael D. Werner, Its Mayor
ATTEST:
David M. Osberg, its Deputy City Clerk
(SEAL)
/
/~
~.
. .
'.(
HASTINGS CITY COUNCIL
RESOLUTION NO. 12-3-00
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
ESTABLISIDNG GUIDELINES FOR CIVIL PENALTIES FOR ILLEGAL LIQUOR
SALES IN THE CITY OF HASTINGS
DECEMBER 4,2000
.....
Council member Johnson introduced the following Resolution and a second was made by
Council member Riveness and moved its adoption:
r l'
. .
WHEREAS, Minnesota Statutes Section 340A.503 and Hastings City Code Chapter 3.01
provide that it is a gross misdemeanor to ~ell, barter, furnish or give alcoholic beverages to a person
under twenty-one years of age;
WHEREAS, the City conducts regular compliance checks to insure that those establishments
holding municipal liquor licenses in the City o(.Hastings are in compliance with this State Statute
. and City Code. In the event that a liquor license establishment is proved to have made an illegal
sale, Minnesota Statutes Section 340A.415 authorizes the City Council to revoke the license or
permit, suspend the license or permit for up to 60 days, impose a civil pen8lty of up to $2,000 for
each violation or impose any combination of these sanctions; and
WHEREAS, the Hastings City Council believes it to be in the public interest to establish
guidelines for civil penalties to be imposed for illegal liquor sales in the City of Hastings; and
WHEREAS, the City Council also believes these guide~ines could be deviated from if the
City Council deems it to be appropriate in a given case.
NOW, THEREFORE, BE IT RESOLVED by the Hastings City Council as follows:
...........'..
!,\
1
A. The Hastings City Council establishes the following guidelines for civil penalties
to be imposed for illegal liquor sales in the City of Hastings. The Hastings City Council reserves
the right to deviate from these guidelines based upon the circumstances of each case. The following
designated civil penalties are in addition to any criminal penalties that may be imposed by State law.
1. First Offense: Three hundred dollar c~vil penalty and a letter outlining the
civil penalties that could be imposed if further violations occur. Instead of
paying the three hundred dollar civil penalty, the licensee can purchase,
install and use in the licensed establishment, a driver's license/identification
card reading device. Proof of installation must be provided to the City Clerk
within 30 days after notice of the violation has been sent to the license holder
by the City Clerk.
2. Second Offense Within Any 24 Month Period: Seven hundred and fifty
dollar civil penalty and a two day license suspension which will occur on a
Thursday and Friday selected by the Council.
3. Third Offense Within Any 24 Month Period: One thousand dollar civil
penalty and a five day license suspension which will include "One consecutive
Friday and Saturday selected by the Council.
1,7c:~",
y ,
4.
Fourth Offense Within Anv 24 Month Period: Two thousand dollar civil
penalty and revocation of-the liquor license.
.
B. The City Council retains the.right to impose a penalty different from those contained
in this Resolution if the Council deems the circumstances warrant it.
C. In the event of a new owner, the prior owner's violations, if any, will not roll-over
to the new owner. The new owner will start out,.as having no first violations. if the new owner is
related to the previous owner by blood, marriage or partnership of any type, the previous offenses
will carry over to the new owner.
D. . "'''hen a first illegal saie is alleged to have 'occurred; documentation of the illegal sale
shall be sent to the City Council by either the Chief of Police or the City Administrator, together with
the proposed penalty called for by these guidelines. If no Councilmember objects to the proposed
penalty within 7 days after the information is after the information is mailed to the City Council, then
City staff will proceed to inform the liquor license holder of the penalties to be imposed pursuant .
to these guidelines, If a Councilmember objects to the proposed penalties, the Councilmember shall
notify the City Administrator and the illegal liquor sale matter shall be placed on the next available
City Council agenda for Council discussion.
, .
\.,
2
E. Upon proof that a first illegal liquor sale has occurred, the Chief of Police or the City
Clerk shall issue a notice to the holder of the liquor license. That notice shall be given in person or
by mail to the holder of the liquor license. The notice must contain the date, time and nature of the
offense, the amount of the scheduled civil penalty. This notice must also provide that the liquor
license holder can appeal the imposition of this penalty to the Hastings City Council by delivering
to the City Clerk a written notice of appeal within 10 days of the date of the notice. Failure to timely
pay the penalty shall be grounds for additional monetary' penalties or license suspension or
revocation.
F. If the violation is a second or subsequent violation within a 24 month period, a
hearing shall be held before the City Council before any license suspension or revocation shall be
imposed. The license holder shall be given notice of the hearing at least 10 days before the date of
the hearing. The notice shall state the time, place and the nature of the charges.
Council member JohnRnn
made a second to the foregoing Resolution.
Upon being put to a vote, the following Councilmembers voted in favor of this Resolution:
~\
Camci1:nenber Riveness, Simaoek, Johnson, Hicks, !bratzka & Mayor Wemer
Counc~ Yandrasits absent
The following Councilmembers voted in opposition to this Resolution:
None
. .
'WHERE UPON, the Mayor declared the Resolution to be duly passed.
CITY OF HASTINGS
-Ilt\~ 1_ -- JA.~' -,
By:
Michael D. Werner, Its Mayor
ATTEST:
L //V~
Melanie Mesko
'.~.
3
VU-2
MEMO
To:
From:
Date:
Re:
Honorable Mayor and City Council
Nick Egger
August 9, 2005
Award Contract - City Project 2005-3, South Frontage Road Improvements
The Engineering Department will be opening bids for the South Frontage Road Improvements
project this Thursday (August 11). The results will be tabulated Thursday afternoon, and
made available to the Council for the August 15th meeting at which the Council is scheduled
to consider the award of the contract for this project.
!
/
- -
ern" OF HASTINEiS
C:\Documents and Settings\CLatharn.HASTINGS\Local Settings\Temporary Internet Files\OLK8\05-
3ResA wardContractSFR.doc
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolution No.
RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR
CITY PROJECT 2005-3, SOUTH FRONTAGE ROAD IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for City Project 2005-3, South Frontage
Road Improvements, bids were opened on August 11,2005 and tabulated according to law,
and the following bids were received:
Bidder
Bid
WHEREAS, it appears that
is the lowest responsible bidder;
!
, ,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS; that the "Clerk and Mayor are hereby authorized and
directed to enter into a contract with ,/ in the amount of
$XXX,XXX.XX for City Project 2005-3, South Frontage Road Improvements.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TIDS 15th DAY
OF AUGUST, 2005.
Ayes:
Nays:
Michael D. Werner, Mayor
AITEST:
Melanie Mesko Lee, City Clerk
(Seal)
C:\Documents and Settings\ASchroeder\Local Settings\Temporary Internet Files\OLK6\05-3ResAwardContractSFR.doc
VIII-B-1
Memo
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
August 15,2005
Subject:
Resolution - Site Plan Review #2005-50 - Supercenter expansion of
existing Wal-Mart - 1752 North Frontage Road - MFRA (Wal-Mart).
REQUEST
McCombs Frank Roos Associates (MFRA) on behalf ofWal-Mart seeks site plan approval
to construct a +/- 72,000 sJ. "Supercenter" Addition consisting of groceries, and liquor to
the west side of the existing Wal-Mart located at 1752 North Frontage Road.
The item was tabled at the August 1, 2005 Gity Council Meeting.
..
RECOMMENDATION
. I
The Planning Commission voted 5-j/(Schmidt dissenting) to recommend approval of the
Site Plan at the July 25, 2005 meeting. The Commission discussed effects of the
construction of a loading dock on the existing western 4th Street entrance as well as site
lighting, signage, impervious surface coverage, and parking. One person from the public
spoke concerning site lighting. Please see. the attached Planning Commission minutes for
further information.
SITE PLAN REVISIONS
The following changes have been made since Planning Commission review:
. Wal-Mart has agreed to construct a roadway for customer access between the
western terminus of 4th Street and the western border of the parking lot. Wal-Mart
was not previously in favor of the road construction.
. Wal-Mart will provide additional information regarding the need for construction of
the parking spaces south and east of North Frontage Road. It appears the spaces
are more necessary than previously reflected. Staff does not take issue with the
construction of the spaces if need dictates. Additional landscaping should be
installed north and west of the Lot 1, Block 2 Parking Lot to impede
pedestrian crossing of North Frontage Road at the mid-block curve (see
condition No. 22).
ATTACHMENTS
. Resolution
. Location Map
. Site Plan
. Architectural Elevations
. Planning Commission Minutes - July 25, 2005
. Application
BACKGROUND INFORMATION
Comprehensive Plan Classification
The 2020 Comprehensive 'Plan designates the property as C, Commercial. The proposed
use is consistent with the plan.
Zoning Classification
The subject property is zoned C-4, Regional ,Shopping Center. Retail, service, and office
uses are identified as "permitted uses" in the C-4 District.
Adjacent Zoning and Land Use
The following land uses abut the propertY:
Direction Existina Use Zonina
North 4 tn Street
Hastings High School R-3 - Med\High Res.
East General Sieben Drive
Dakota Co Govt Center P-I- Public Institution
South North Frontage Road
Dakota Summit Center C-4 - Regional Shop.
West Future Collector Street
Agriculture Nininger Township
Comp Plan
P - Public
P - Public
C-Commerdal
C-Commerdal
Existing Condition
The expansion area lies directly west of the existing Wal-Mart building. The area is flat and
treeless.
Proposed Condition
A +/- 72,000 s.f. addition to the west end of the existing Wal-Mart building. The proposal
would expand the facility into a "Supercenter" including grocery and liquor sales. Additional
parking is proposed west and south of the building, and the 4th Street entrance is proposed
to be restricted to truck traffic only.
History
The City Council granted approval to construct the existing Wal-Mart in 2001. The decision
was preceded by a Traffic Study and Environmental Assessment Worksheet (EAW).
Although not approved as part of the original site plan, the supercenter expansion was
noted on the plans and included in all traffic and environmental reviews.
EAW
An Environmental Assessment Worksheet (EAW) was prepared in conjunction with the
master plan approval of the entire Dakota Summit site in 2001. The EAW considered the
impact of not only the existing Wal-Mart building, but the planned supercenter expansion
and the retail area presently under construction south of the building. The City Council
adopted a negative declaration for need of a more intensive Environmental Impact
Statement (EIS) and concluded that those environmental concerns that had been identified
could be handled through existing regulatory control.
Traffic Study
Two traffic studies were prepared in conjunction with the original approval of the Dakota
Summit site in 2001. The Traffic Studies cQnsidered the impact of not only the existing
Wal-Mart building, but the planned supercenter expansion and the retail area presently
! under construction south of the building., The studies concluded that the planned
expansions could be accommodated with certain roadway and intersection approvals. The
recommended improvements have b,..een. constructed.
Neighborhood Meeting
A Neighborhood Meeting was held on July 21 , 2005 to present the project to neighboring
property owners. One Council member attended the meeting, no residents attended the
meeting. .'
SITE PLAN REVIEW
Zoning Setbacks
Zoning Setbacks are acceptable. Setbacks in the C-4 District are not specified. Proposed
building setbacks are similar to the existing Wal-Mart building. The following setbacks are
proposed:
Direction
North - 4 Street\Hastin s Hi h School
East - General Sieben Dr\Gov't Center
West - Future Commercial Develo ment
South - North Fronta e Rd\Dakota Summit
Dimension
85'
Unchan ed
220'
Unchan ed
Vehicular Access
Access is proposed as follows:
!
Road Existing Condition Proposed Change
North Frontage Road Main Entrance - Full access No Change
intersection at General Sieben Drive
Highway 55 Secondary Entrance - Right in\Right No Change
out only
4 to Street - Secondary Entrance - Full Access to No Change
East Entrance 4th Street - Circuitous route from
back to front of the store
4tn Street - Secondary Entrance - Full Access Restrict entrance to
West Entrance to 4th Street - Direct Route deliverv vehicles only
New 4rn Street Does not presently exist Construct access
Entrance from the terminus of
4th Street to the
western site entrance
Future Western Secondary Entrance - Full Access to Planned upon future
Access future North\South roadway to Hwy Conzemius property
55 development - No time
. frame established
.
4th Street Access Changes , /
Wal-Mart proposes to restrict the existing 4th Street West Entrance to delivery vehicles only
and construct a new customer access to 4th Street from the western property boundary.
The new customer access would be located on land outside the current City limits. The
land was identified as a future north\south ,collector road location during the original Dakota
Summit\ Wal-Mart approval in 2001.
Staff supports the construction of a 4th Street customer entrance for the following reasons:
. Customer and delivery traffic should be segregated.
. The elimination of the 4th Street West Entrance would lead to more people
attempting a left hand turn onto General Sieben Drive from North Frontage Road (a
difficult maneuver during peak times). At present, customers can avoid a left turn
onto General Sieben Drive by exiting to 4th Street which intersects General Sieben
Drive at a 4-way stop.
Vehicular Circulation
Vehicular circulation is unchanged and acceptable, but for the 4th Street West Entrance
issue outlined above.
Parking
Parking is provided as follows:
Site
Retail Center
- 221,529 Gross SF
- 190,529 Net SF
(Sales area only,
excludin stora e
aces
Pro osed S aces
727 - Existing Spaces
236 - Proposed Spaces
29 - Proof of Parking
992 Total Spaces
Net Square Feet Calculation
Wal-Mart proposes to base parking requirements on net square feet (sales floor area,
excluding storage). Staff supports basing parking on a net square feet for the following
reasons:
1) Net square footage provides a more accurate representation of the building use;
storage areas do not generate parking needs.
2) Wal-Mart would still exceed parking based on net square feet. .
.:~) The existing Wal-Mart was approved with a reduced parking (31 spaces).
4) Existing Wal-Mart parking is abundant, and appears underutilized.
!
Parking Lot Setback
The parking lot setback is acceptable witj1 the following change:
/
1) The parking\loading area abutting 4th Street shall maintain a minimum 10 foot
landscaped parking area consistent with the city code. The existing plans show
the parking loading area extended to the 4th Street curb.
Pedestrian Access
Pedestrian access is acceptable sidewalks and trails presently exist along North Frontage
Road and General Sieben Drive, respectively.
Off-Street Loading
A second off street loading area is proposed north of the supercenter addition. Off Street
loading is acceptable with the following modification:
1) A wall shall be constructed to screen truck loading activities from 4th Street.
Wall materials and colors shall be consistent with the main Wal-Mart building.
Architectural Elevations
Architectural Elevations exceed minimum Architectural Standards and are consistent
with the colors and style of the existing Wal-Mart building. The new addition will
primarily consist of different colors of quick brick on all sides and incorporate columnar
"bumpouts" to break up the building mass along the building front. The roofline would
incorporate a parapet wall to hide roof top units and undulate to break up the mass.
Architectural elevations are acceptable with the following condition:
1) Any rooftop equipment must be completely screened from the front elevation,
any part of the roof top equipment that is visible from any other elevation
must be painted to match the building on which the equipment sits.
Trash and Recycling Enclosure
A screen wall is proposed for the trash an recycling areas on the north side of the building.
The trash and recycling enclosure plans are acceptable under the following conditions:
1) Wall materials and colors shall be consistent with the main Wal-Mart building.
2) Outdoor storage shall be prohibited unless it is screened from public view
with a screen wall incorporating materials and colors consistent with the
main Wal-Mart building. . .
Landscape Plan
The Landscape Plan provides for a variety of tree and shrub plantings to complement
existing plantings of the original site. The following changes are needed:
1) Understory shrubs or perennials'must be added to the area between the new
western parking lot and westerJ1 property boundaries. The new plantings
should be interspersed be~een the proposed deciduous shade trees.
2) Understory shrubs or perennials as well as boulevard shade trees must be
added north of the western parking lot (along 4th Street). The intensity and
variety of plantings shall be sil1)ilar to the required plantings west of the
western parking lot.
3) All landscaping and plantings shall be irrigated.
4) A landscape surety shall be established in the amount of 125 percent of the
value of the plantings prior to certificate of occupancy and held for one year to
ensure landscape viability.
Lighting Plan
A photometric lighting plan has been submitted. The proposed foot-candle illumination is
below the 0.5 foot candle maximum illumination at the parking lot. Pole heights are
consistent with the existing Wal-Mart. Lighting is acceptable under the following
conditions:
1) All lighting shall incorporate shields and cut-offs to direct light within the
expansion area.
Signage
Signage will be processed administratively under a separate sign permit application.
Although sign permit review will take place after site plan approval, the following
regulations are applicable: Building signage is limited to 5 percent of the elevation or 40
square feet (whichever is greater). Directional signs are allowed up to 4 feet in height and
2 square feet in size. Signage appears to meet city requirements.
Grading and Utility Plans
Preliminary Grading and Utility Plans have been submitted for cursory review. The
applicant must obtain formal approval of the Grading and Utility Plans by the Public Works
Director as a condition for approval.
Fire Marshall Review
The Fire Marshall has asked that the following condition be added to Site Plan approval:
1) The fire sprinkler system for the Wal-Mart addition must tie into. the existing
Wal-Mart's fire sprinkler system. Having two separate fire sprinkler systems
will not be acceptable.
..
'"
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
SITE PLAN APPROVAL TO CONSTRUCT A +/- 72,000 S.F. ADDITION ONTO THE
EXISTING W AL-MART STORE LOCATED AT 1752 NORTH FRONTAGE ROAD,
HASTINGS, MINNESOTA
Council member
moved its adoption:
introduced the following Resolution and
WHEREAS, McCombs Frank Roos Associates Inc. on behalf ofW al-Mart Stores, Inc. has
petitioned for Site Plan Approval to construct a -t!/-72,0000 s.f. addition onto the existing Wal-Mart
building generally located at 1752 North Frontage Road, legally described as Lot 1, Block 1; and
Lot 1, Block 2, DAKOTA SUMMIT, Dakota County, Minnesota; and
WHEREAS, on July 25,2005, review was conducted before the Planning Commission of
the City of Hastings, as required by state law, city charter and city ordinance; and
WHEREAS the Planning Commission recommended approval of the request to the City
Council subject to the conditions contained herein; and
WHEREAS The City Council has reviewed the request and concurs with the
recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Site Plan as presented to the City Council subject to the
following conditions:
1) Adherence to the original conditions of site plan approval for the original Wal-Mart building.
2) Construction of a roadway for customer access :trom the western terminus of 4th Street to the
parking lot, aligning with the most western parking aisle on the Wal-Mart site.
3) Parking on Lot 1, Block 2, Dakota Summit shall be for ''proof of parking" only and shall
only be constructed if a practical need can be demonstrated to the satisfaction of the Planning
Director.
4) The parking\loading area abutting 4th Street shall maintain a minimum 10 foot landscaped
parking area consistent with the city code.
5) A wall shall be constructed to screen truck loading activities :trom 4th Street. Wall materials
and colors shall be consistent with the main Wal-Mart building.
6) Any rooftop equipment must be completely screened :trom the north, south, and west
elevations, any part of the roof top equipment that is visible ftom any other elevation must be
painted to match the building on which the equipment sits.
7) Wall materials and colors shall be consistent with the main Wal-Mart building.
8) Outdoor storage shall be prohibited unless it is screened :trom public view with a screen wall
incorporating materials and colors consi~ent with the main Wal-Mart building.
!
9) Understory shrubs or perennials must De added to the area between the new western parking
lot, and western property boundaries. :rhe new plantings should be interspersed between the
proposed deciduous shade trees. /
10) Understory shrubs or perennials as well as boulevard shade trees must be added north of the
western parking lot (along 4th Street). The intensity and variety ofplantings shall be similar
to the required plantings west of the western parking lot.
11) All landscaping and plantings shall be irrigated.
12) A landscape surety shall be established in the amount of 125 percent of the value of the
plantings prior to certificate of occupancy and held for one year to ensure landscape viability.
13) All lighting shall incorporate shields and cut-offs to direct light on site within the expansion
area.
14) The fire sprinkler system for the WaI-Mart addition must tie into the existing WaI-Mart' s fire
sprinkler system. Having two separate fire sprinkler systems will not be acceptable.
15) All parking and drive aisle areas shall be constructed to City standards including bituminous
surfacing and concrete curb and gutter.
16) All disturbed areas on this property shall be stabilized with rooting vegetative cover to
eliminate erosion problems.
17) The disturbed areas of the site shall be maintained to the requirements of the City's property
maintenance ordinance.
18) 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.
19) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
issuance of certificate of occupancy.
20) 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.
21) An easement shall be granted to the City to allow for the future extension of the east\west..; , ,
drive aisle directly south oftheWal-Mart store to align with future commercial development: .
on the Conzemius property to the West. . I ,. .
. .
22) Additionallandscap~g mu~t be installed north and west of the Lot 1, Block 2 Parking Lotto i . Ie. ',J
impede pedestrian crossing of North Frontage Road at the mid-block curve at the discretion
of the Planning Director.
Council member
vote adopted by
.
moved a second to this resolution and upon being put to a
present.
Ayes: _
Nays:
Absent:
ATTEST:
Michael D. Werner, Mayor
David M. Osberg
Deputy 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 15th day of August, 2005, as
disclosed by the records of the City of Hastings on file and of record in the office.
David M. Osberg
Deputy City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JWH)
101 4th St. East
Hastings, MN 55033
/
v
Legend
o Parcels
. Water
\.
Wal-Mart
Supercenter
Legend
_ Buildings
..../\......./ Roads
o Parcels
Zoning
OA Map Date: July 21, 2005
0 C-1 N
0 C-2 W*E
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. 0-1 Site Location
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0 R-1
0 R-2
0 R-3
0 R-4
. R-5
. R-6
0 ROW
. WAT
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Site Location
"
PRELIMINARY SITE DEVELOPMENT PLANS FOR
WAL*MART EXPANSION STORE #1472-05
1752 NORTH FRONTAGE ROAD
HASTINGS, MINNESOTA
DAKOTA COUNTY
CONSULTANTS
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ProDosed Parkin a Analvsis
BUILDING AREA 149,623 SF
BUIlDING AREA 71,906 SF
TOTAl AREA AFTER EXPANSION 221,529 SF
STANDARD SPACES 937 SPACES
PROOf Of' PARKING 29 SPACES
ACCESSIBlE SPACES 26 SPACES
TOTAl PARKING 992 SPACES
RATIO 4.5/1.000 S...
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PERSPECTIVE
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HlGHC.M.U. ,- a..1RIK-AHCHOR-'
LEFT ELEVATION
Hastings, MN#14 72
ANCHOR ILOCK "IMHTI-.&NIr
-.....,
WAL*MART~
SUPERCENTER EXPANSION
7.14.05
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Minutes - Hastings Planning C6----
July 25, 2005 - Pag
line and not a subdivision.
Commissioner Schmitt asked if the City had any responsibi .
alley.
Director Hinzman replied that he would check to se if and how the alley is
maintained by the City.
Commissioner Schmitt asked if there were any other City requirements
pertaining to the development of the pr erty such as an escrow or a
development covenant. He also asked wh effect the Conservation District has
on the property.
Director Hinzman replied that there re no other City requirements associated
with the subdivision. He commen d that the proposed twin home meets the
standards for construction in the nservation District.
Commissioner Schmitt comme ed that the twin home is a lawful building that
meets all of the zoning req . ements. He added that if the property was not
subdivided there would b a greater chance that the building would be a rental
property. He conclude that the City has no authority over the design of the
proposed twin home.
Planning Commissi
Commissioner Ze n moved and Commissioner Schmitt seconded the motion
to recommend a proval of the Minor 'Subdivision of Lots 7 and 8, Block 39,
TOWN OF H TINGS BLOCKS 1 THROUGH 99 subject to the following
conditions: "
1) Appr val is subject to a one year Sunset Clause; if significant progress is
not de towards construction of the proposal within one year of City
C cil approval, the approval js null and void.
ayment of park dedication fees for one unit in the amount of $1800.
Payment of sewer interceptor fees for one unit in the amount of $365.
Planting of one boulevard tree and one front yard tree per unit, consistent
with the City Code.
Recording of development covenants to ensure complementary and
consistent maintenance of the entire twin home building.
6) The City must address neighboring property owners' concerns about alley
maintenance
Upon vote taken: Ayes: 6, Nays: O. Motion passed.
4. MFRA (Wal-Mart) - Site Plan #2005-50 - Supercenter expansion to existing
Wal-Mart -1752 North Frontage Road.
Director Hinzman provided background information about the request.
!
Minutes - Hastings Planning Conuniosslon
July 25,2005 - Page 5 of 10
Vice-chair Hollenbeck opened the public hearing at 7:56pm.
Tara Weiss, 14923 Jacob Avenue, Nininger Township, stated that she is
concerned about the increased lighting that would result from the Wal-Mart
addition. She commented that the Wal-Mart lights currently illuminate her
home at night and that she does not want to experience more light pollution on
her property.
Director Hinzman replied that the photometric plan submitted by Wal-Mart
meets the City's requirements.
Merle Miller, the attorney representing Wal-Mart, stated that he would like the
project to move forward as proposed because the Supercenter was master-
planned in 2001 when the existing Wal-Mart was approved and constructed. He
objected to conditions two and three listed in the Staff Report. Condition two
states that the direct customer entrance on 4th Street west of the building must
either be preserved or relocated, and condition three states that the parking on
Lot I, Block 2, Dakota Summit shall be "proof of parking" only.
With regard to condition two,. Mr. Miller stated that the original development
agreement calls for the property owner to the west of the Wal-Mart property, not
Wal-Mart itself, to develop a street to the west of Wal-Mart when the land is
annexed by the City. He also stated that the traffic analysis performed when the
existing Wal-Mart was constructed indicated that the traffic flow at the
intersection of the main Wal-Mart entrance and General Sieben Drive would
receive an E or F rating upon expansion of the store. According to Mr. Miller, it
would be the City's responsibility to install a traffic light at the intersection as a
result of this poor rating. Mr. Miller also cited a traffic analysis that indicated
that only 4 percent of all Wal-Mart traffic uses the existing 4th Street entrance.
Mr. Miller stated that the majority of motorists using the entrance are high school
students cutting through the parking'lot. Mr. Miller stated that the 4th Street
entrance is a public safety hazard, negatively affects truck traffic and that
keeping it open or moving it would only provide a temporary solution to traffic
flow problems.
With regard to condition three, Mr. Miller stated that Wal-Mart would like the
parking lot on Lot 1, Block 2, Dakota Summit to be constructed at this time to
accommodate the increase in employees that will result from the expansion. Mr.
Miller stated that the Wal-Mart Supercenter will have 475 employees, and that
220 employee parking spots are needed for these employees. Mr. Miller
commented that the parking lot on Lot I, Block 2 will be devoted exclusively to
employee parking and will allow customers to use the other parking areas. He
added that the employees will be instructed to cross the main driveway in an
appropriate location that will minimize any safety concerns.
Rhonda Dehler, the MFRA engineer representing Wal-Mart, stated that the
lighting plan meets the City's requirements. She added that she had spoken with
Director Hinzman about modifying the lighting plan to cut down on the number
Minutes - Hastings Planning Commission
July 25, 2005 - Page 6 of 10
of lighting poles. Ms. Dehler added that the site plan as proposed adheres
closely to the plan discussed when the existing Wal-Mart was approved in 2001.
She stated that the expansion has increased in size to 72,000 square feet due to
the addition of back storage space, a general merchandise area in the front of the
store, and the addition of a liquor box. Ms. Dehler reiterated Mr. Miller's
comments about the 4th Street entrance.
Hearing no further comments, Vice-chair Hollenbeck closed the public hearing at
8:28pm.
Commissioner Twedt asked whether the signage on the plans is close to what the
signs will actually look like. He also asked if there would be any signage on the
back elevation of the store.
The architect for the project replied that the signage would be the same as the
signage on the plans.
Commissioner Twedt expressed concern about the increased water runoff that
would result from a greater amount of impervious surface. He stated that the
homes on 4th Street might be affected by increased water flow.
Director Hinzman replied that the City Engineer has looked at the plans and that
the existing ponding area to the rear of the store will accommodate the increased
runoff. '
Commissioner Truax asked if the percent of impervious surface is limited by City
ordinance.
,,-
Director Hinzman replied that impervious surface is only limited in the
downtown area.
Ms. Dehler stated that about 18 percent of the Wal-Mart property will not be
impervious surface. She stated that.this is pretty typical for most large retail
stores and is in keeping with the plans made in 200l.
Director Hinzman addressed Mr. Miller's concerns about conditions two and
three in the staff report. With regard to condition two, he stated that he has
observed that more than 4 percent of motorists use the 4th Street entrance. He
expressed concern about restricting access to the store while expanding the
building. He added that the City had anticipated that the street to the west of the
Wal-Mart would have been developed by the time the store expansion occurred.
With regard to condition three, he has observed that Wal-Mart has more parking
than it needs and that the additional parking in Lot 1, Block 2 is not necessary at
this time. Director Hinzman stated that if additional parking proves to be
necessary, Wal-Mart can construct it at that time.
Commissioner Schmitt stated that he also believes more than 4 percent of
motorists use the 4th Street entrance. He asked if truck deliveries are restricted
to off-peak hours.
The Wal-Mart store manager replied that most deliveries occur in the evening
Minutes - Hastings Planning Commission
July 25,2005 - Page 7 of 10
.'
during off-peak hours.
Commissioner Schmitt commented that he does not believe the 4th Street
entrance needs to be moved since there will not be truck traffic during peak
times. He added that the traffic flow should be fine during most times of the
day.
Commissioner Zeyen asked if the screen wall would restrict access to the 4th
Street entrance.
Mr. Miller replied that the screen wall will not entirely restrict access to the
entrance. Vehicles would have a full drive aisle to cut through if the plans as
designed are approved. Mr. Miller stated he is simply requesting to keep the
loading dock as designed and not create a thoroughfare for vehicles.
Commissioner Zeyen asked if it was possible to move the loading dock to the
east side of the building. He added that the "proof of parking" area to the rear of
the store could be shifted, and the loading dock area could be designed like the
docks at Cub Foods across Hwy 55. He questioned why Wal-Mart needs two
loading docks facing opposite directions.
Ms. Dehler stated that the loading dock works well in its current planned
location due to a variety of factors including the operation inside the store, the
location of the pond, the slope ratio, and'the location of storage areas.
Commissioner Zeyen asked how many employees would be working per shift.
The Wal-Mart store manager replied 'that 75-80 people work in the existing store
per shift. There will be an additional 40 employees per shift working in the
grocery area. The manager added that the maximum number of employees
would be 175-200 during the 1pm-4pm shift.
Mr. Miller stated that the addition of seasonal employees could increase this
number.
Commissioner Truax asked whether there would be two or three trash
compactors. He stated that the plans were unclear.
The architect for the project replied that there would be two trash compactors.
Commissioner Truax asked about the City requirements for lighting.
Director Hinzman replied that the existing Wal-Mart meets the City's lighting
requirements, and the plans for the expansion also meet the requirements. He
added that it is a difficult situation because the store is on the edge of town and
is elevated, so the light carries further than it otherwise would.
Ms. Dehler commented that the existing lights on the perimeter of the site have
shields, and the interior lights do not.
Ms. Weiss asked whether it is necessary to have that much light on the property.
Ms. Dehler replied that the lighting must meet certain requirements for safety
Minutes - Hastings Planning Commission
July 25,2005 - Page 8 of 10
!
and other considerations.
Commissioner Twedt expressed his concern about paving Lot 1, Block 2 and
increasing the amount of impervious surface on the site. He asked why the lot
needs to be paved if the lot will not be used.
Commissioner Schmitt requested that condition six in the staff report be changed
to require screening of rooftop equipment along the north, south and west
elevations.
Planning Commission Action:
Commissioner Twedt moved and Commissioner Schmitt seconded the motion
to recommend approval of the Site Plan for MFRA to construct a +/- 72,000
square foot Wal-Mart Supercenter addition, subject to the following
conditions:
Adherence to the original conditions of site plan approval for the original
Wal-Mart building.
A direct 4th Street customer entrance located west of the building must be
preserved, or a new customer entrance constructed in the vicinity to the
satisfaction of the.Planning Director.
Parking on Lot 1, Block 2, Dakota Summit shall be for "proof of parking"
only and shall only be constructed if a practical need can be demonstrated
to the satisfaction of the PlanniIi.g Director.
The parking/loading area,..abutting 4th Street shall maintain a minimum 10
foot landscaped parking area consistent with the city code.
A wall shall be constructed to screen truck loading activities from 4th
Street. Wall materials and colors shall be consistent with the main Wal-
Mart building.
Any rooftop equipment must be completely screened from the north,
south and west elevation, any part of the rooftop equipment that is visible
from any other elevation must be painted to match the building on which
the equipment sits.
Wall materials and colors shall be consistent with the main Wal-Mart
building.
8) Outdoor storage shall be prohibited unless it is screened from public view
with a screen wall incorporating materials and colors consistent with the
main Wal-Martbuilding.
9) Understory shrubs or perennials must be added to the area between the
new western parking lot and western property boundaries. The new
plantings should be interspersed between the proposed deciduous shade
trees.
1)
2)
3)
4)
5)
6)
7)
10) Understory shrubs or perennials as well as boulevard shade trees must be
Minutes - Hastings Planning Commission
July 25, 2005 - Page 9 of 10
added north of the western parking lot (along 4th Street). The intensity
and variety of plantings shall be similar to the required plantings west of
the western parking lot.
11) All landscaping and plantings shall be irrigated.
12) A landscape surety shall be established in the amount of 125 percent of the
value of the plantings prior to certificate of occupancy and held for one
year to ensure landscape viability.
13) All lighting shall incorporate shields and cut-offs to direct light on site.
14) The fire sprinkler system for the Wal-Mart addition must tie into the
existing Wal-Mart's fire sprinkler system. Having two separate fire
sprinkler systems will not be acceptable.
15) All parking and drive aisle areas shall be constructed to City standards
including bituminous surfacing and concrete curb and gutter.
16) All disturbed areas on this property shall be stabilized with rooting
vegetative cover to eliminate erosion problems.
17). The disturbed areas of the site shall be maintained to the requirements of
the City's property maintenance ordinance. '
,
18) 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..
19) Submission of an electromc copy of all plan sets (TIF, PDF, or similar
format) prior to issuance of certificate of occupancy.
20) Approval is subject to a one year Sunset Clause; if significant progress is
not made towards constructioJ} of the proposal within one year of City
Council approval, the approval is null and void.
Upon vote taken: Ayes: 5, Nays: 1, Commissioner Schmitt dissenting. Motion
Passed.
5. Other Business
Director Hinzman updated the Commission on recent Council actions and
upcoming Commission items.
6. Adjourn
Commissioner Truax moved and Commissioner Zeyen seconded the motion to
adjourn. Meeting was adjourned at 9:03 pm.
#d.CtJ~ ~w
LAND USE APPLlCA TJON
CITY OF HASTINGS - PLANNING DEPARTMENT
101 4th Street East, Hastin N 55033 Phone: 651.480.2350 Fax: 651.437.7082
Address of Property: No, .f:rClI\1CtJt d
Minnesota
Applicant:
Name McCombs Frank Roos Associates,
Address15050 23rd Ave. N.'
Plymouth, MN 55447
Phone763-476-6010
Fax763-47,6--8532
Email rdehler@mfra.com
Owner (If different from Applicant):
Inc. Name Wal-Mart Stores, Inc.
Address 702 SW 8th SL
Bentonvil1e, Arknn~n~ 7'716
Phone 479-?.71-4000
Fax 479-273-8380
Email
Description of Request (include site plan, survey, and/or plat if applicable):
site plan amendment ,to previom; qpproval for f'!~p;'Insion
I
Check applicable box(es):
Note: All fees and escrow amounts due at time of application.
!
Final Plat
Minor Sub.
Rezone
Spec. Use
Variance
Annexation
EAW
Prelim Plat
Site Plan
x
TOTAL:
$600 ~
$500
$500 . ~
$500
. $250
$500 plus legal eipenses
$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 esorow:
- 0 - 5,000 s.f.: $1500 (Engineering)
- 5,000 -10,000 sJ.: $2500 ($500 Planning + $2000 Engineering)
- 10,000 - 50,000 d.: $3250 ($750 Planning + $2500 Engineering)
- 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering)
$4,500 .
Administrative Lot Split
Camp Plan Amendment
House Move
Lot Une Adjustment
Vacate ROW/Easement
$50
$500
$500
$50
$400
Rhonda Dehler, P.E.
proiect Manaqer
Official Use Only ~ \
File # ~()J~-1;)V
Fee Paid btt !)
Date
Date
Rec'd By:
Receipt #
Sany Shannahan
Assistant VICe Presidem
t~:; App~,= 6/1ft[
412312003
MEMORANDUM
VIII-C-l
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
August 11,2005
Facilities Maintenance Staffmg
Recommended City Council Action
It is recommended that the City Council take the following action:
a.) Authorize canceling of the cleaning services agreement for the City Hall, Police Station, Public
Works Garage, 10int Maintenance Facility and leDuc Mansion, with Staff having flexibility to
coincide the cancellation dates with the start of the new part time employees.
b.) Approve the attached job description for the Facilities Maintenance Technician
c.) Authorize advertising and hiring
d.) Approve the classification value of 346, and the compensation schedule range of $12.60-$18.00
Back2round
Staff is recommending completing the steps that will result in the hiring of two part time facilities
maintenance staff members to assist Kurt Stoudt, Facilities Manager with a variety of duties at the various
City facilities, which now includes the operations, maintenance and care of the leDuc Mansion. In an
effort to assist with funding the positions, Staff would begin the process of eliminating the contracting
cleaning services currently provided at the City Hall, Police Station, Public Works Garage, leDuc and
10int Maintenance Facility. Total annual costs for the cleaning services at these facilities are projected at
approximately $44,000.
The hiring of two part maintenance employees will provide a great deal of flexibility in work schedules, all
under the premise they would each consistently work under 30 hours per week, to avoid the need to provide
the typical full time employment benefits. There may be certain times when the employee is available
during the regularly scheduled City Council and Planning Commission meetings. This could prove to be
beneficial during those meeting times when light snow removal or other last minute maintenance duties are
necessary. Having additional maintenance employees would also provide a degree of back-up for times
when full-time Facilities Manager Kurt Stoudt is absent due to illness, vacation or training. Currently, there
is no back-up. There may also be certain jobs all three will complete as a team, and thus avoid the need for
an outside contractor or vendor. The additional staff will also allow Kurt time to focus on the larger issues
and projects.
While the additional cleaning taken on by City Staff will result in an increased workload, the benefits
outlined abov combined with the additional task associated with the leDuc Mansion, and the complete
flexibility three member maintenance staff, are the primary reasons Staff is making this suggestion,
and wo ppreciate the ap' val by the City Council.
CITY OF HASTINGS
POSITION DESCRIPTION
Position Title:
Department:
Reports To:
Status:
Approved by
City Council:
Facilities Maintenance
Administration
Facilities Management
FuU- Time Non-Exempt
Position Summary
This is a non-exempt, union position responsible for assisting with the
1) cleaning, 2) painting, 3) grounds keeping, and 4) light maintenance of the
City of Hastings Buildings. Position responsibilities include ensuring a safe,
heahhy work environment for City employees and the public in compliance
with State, Federal, and Local regulations.
Essential Position Duties & Resoonsibilities
1. Conducts general daily cleaning for assigned areas within various
City bwldings which win include but not be limited to:
· Vacuuming carpets;
· Cleaning restrooms;
· Cleaning bard surface floors;
· Window washing;
· Disposing of trash and recycled materials; and
. Dusting
2. Conducts external ground maintenance which will include but not
limited to:
. Picking up debris;
. Weeding;
· Snow removal;
· Exterior Grounds Maintenance; and
· General exterior upkeep.
3. Performs general housekeeping duties which will include but not
be limited to stripping, waxing, buffing, vacuuming and carpet
cleaning.
4. Pairits and restains interior and exterior surfaces as needed,
including doors, windows, walls, etc. which may require working
at heights at times.
5. Restocks expendable supplies such as paper towels, soap, cleaning
supplies.
6. Moves files, furniture, supplies and equipment as needed.
City of Hastings
Position Description: Facilities Maintenance
August ZfJ05
7. Performs light maintenance such as minor repair of cleaning
equipmen~ replacing light bulbs, etc.
8. Assists with general plumbing, toiletry, carpentry, door and lock
repair and/or replacement as needed.
9. Assists with setting up and cleaning up equipment, tables, chairs,
and other equipment for conference room use.
10. Assists with moving, transporting, and performing general repair
of office systems, furnishings, and general City equipment.
11. Reviews policies andproce<.tures and recommends changes for
effective, environmentally-friendly facility maintenance.
12. Assists with recommending supplies, equipment, and procedures
which enhance the buildings and their maintenance.
13. Assist City departments and staff with building maintenance and
janitorial issues.
14. Assist City departments with building maintenance and janitorial
ISSUes.
15. Regular attendance is required.
16. Performs additional position-related responsibilities as apparent or
as delegated.
Knowledfle. Skills & Abllities
1. Broad working knowledge of all applicable federal, state, and municipal regulations and
accepted standards regarding chemical use, and building and equipment maintenance
standards.
2. Working knowledge on all aspects of building systems, including painting, painting
supplies, cleaning, cleaning supplies, and procedures.
3. Working ~owledge of basic math, chemistry, and physics.
4. Ability to safely and properly lift and carry heavy equipmen~ supplies, and furniture.
5. Ability to rea4 and understand general instructions and directions... Ability to clearLy and
effectively communicate information verbally and in writing to a broad scope of people
in an understandable manner.
6. Ability to safely and effectively operate various cleaning and maintenance e.quipmen~
including but not limited to floor scmbbers, vacuums, snow blowers, mops, brooms, and
ladders.
7. Ability to be self-motivated and work independently in an effective and efficient manner.
8. The consisten~ confiden~ and competent performance of all of the essential position
functions outlined in this position description.
Com~eBcies CommoB to AD f;itv Positioas:
· Develop and maintain an understanding of all departmental and applicable City policies and
procedures in order to help facilitate compliance with such policies and procedures by
personnel.
· Demonstration, by personal example, of the service, excellence, and integrity expected from
all staff
Caty of Hastings
Position Description: Facilities M.aintenam:e
August ZOOS
· 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
which 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.
Criteria to Oualifv for this position:
1. High School graduate (or equivalent) with minimum 1-2 years r~sponsible experience in
building maintenance and repair.
2. Valid drivers license with Minnesota driving privileges.
3. Good verbal and written English communication skills.
4. Ability to work independently and be a self-starter.
5. Ability to successfully pass a comprehensive background check.
Desired Oualifications:
1. 'Previous education directly related to building maintenance; certificates and/or licensures
that demonstrate broad familiarity with building maintenance and repair.
2. Additional experience with facility maintenance and repair.
Phvsical 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 sit, talk and hear,
stand, walk, use hands to finger, handle or operate objects, tools or equipment; reach with hands
and arms; climb or balance; stoop, kneel, crouch or crawl; taste and smell; occasionally lift or
move up to seventy-five (75) 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.
Wor~ Environment:
The work eIWironment 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 in both an inside, temperatW'e controlled environment and outside
environments with ~ temperatures and weather conditions. Work: will require periods of
sitting, bending, climbing, squatting, stooping, reaching above shoulder level, climbing on a
ladder, pushing/pulling, twisting, lifting, carrying, and walking and/or driving from one City
facility to another on a daity basis. Regular travel throughout the community to observe and
maintain department facilities and operations is expected. Maybe exposed to working at heights
, .
City of Hastings
Positioa Description: Facilities.~
August 2005
up to 40 feet. Maybe exposed tobazardous physical conditions such as fumes, dust, odors,
gases, poor lighting, mechanical parts, and general chemicals.
SuoervisioD of Others:
No direct supervision of personnel.
Employee Initials:
Date:
Supervisor I
Dept Head Initials:
Date:
AAICC/CA initials:
Date:
ApPlication materials can be obtained by calling 651-480-2350 or from the City website at
www.ci.hastings.mn.us. A completed application form may be submitted to the Administrative
Assistant/City Clerk. 101 Fourth Stteet East, Hastings, MN 55033 fOr consideration. Applicants
are encouraged to include supplemental information that demonstrates previous experience. The
City of Hastings is an Equal Opportunity Employer.
VIII-C'-2
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
August 11, 2005
Authorization for Experience Works to Share City Hall Office
With Youth First
Recommended City Council Action
It is recommended that the City Council take action Authorizing "Experience Works" to
Share City Hall Office Space with Youth First.
Back2:round
I have recently conducted individual meetings with Youth First Coordinator Ann
Grotjohn and Experience Works Field Operations Assistant Marilyn Nelson regarding the
possibility of a shared office arrangement in the Youth First Office located on the 1st
Floor of the City Hall. I have enclosed a copy of some infonnation that further illustrates
the background and services offered by the Experience Works program. There would be
part time office hours, which correspond with City Hall office hours, with minimal walk
up traffic, as most visitors would be by prior appointment. Neither Ann Grot john nor
Staffhas any objection to this arrangement, and Staff would recommend approval. Ms.
Nelson will be present at the meeting on Monday August 15, 2005 to address any
questions, and to provide further infonnation about the Experience Works program.
Experience Works Career Counseling
for Mature Workers 55 and Older
We work with you individually
to find the right job.
Your Experience Works
Career Counselor will help
you map and chart your
next career choice.
. EW will assist you in a complete
job and life skills assessment.
. EW will assist you in preparing
a professional resume.
. EW will train you to do a complete
job search.
. EW will coach you on the secrets
of a successful interview.
. EW will provide you with job
referrals with potential employers.
You and your Experience
Works Career Counselor
will develop your personal
training plan.
t EW will assist you with a
successful job search using:
. Creative job search
. Technical training
. Customer service training
How do you qualify for
these free services?
. You must be at least 55 years old.
. You must want a job and be
willing to work at finding one.
. You will meet with your EW
Career Counselor and develop
your job search plan.
. You will attend specialized
training and job search classes.
. You will follow-up on all
appropriate job leads.
Finding the right job is
the most important job you
will ever have.
Let us help you prove
experience works.
Our service is free to all
who qualify.
.
exper1ence
~orks
senior vvorkforce solutions
Experience Works, 1-651-565-2014 or 1-888-871-2014, 611 Broadway Suite 251, Wabasha, MN 55981
Member ofthe Minnesota Workforce System. EOE/AA
8'~
~_&Eniployment
PIau" Older Workers
Your Key to a
~Job Search
Career Search:
Over the years you have
acquired valuable skills,
knowledge and experience
that you will bring to any
occupational field that
interests you.
These 'transferable'
" skills are the keys to a
'.....~ successful job search.
Your Experience Works Field Assistant
will help you identify and inventory your
skills and define your favorite fields of interest.
What do you know well?
What can you do well?
What would you
rather not do?
What gives youjoy?
Customized
Training:
Based on your interests
and transferable skills,
you and your Experience
Works Field Assistant
will decide if you will
need more training to
be qualified for a job
in your chosen field.
Computer
Training:
Computers are far
more user-friendly
than typewriters,
and they are used
in nearly every
..11".-" L field of work.
Having up-to-date skills shows your flexibility
and willingness to learn. We will assess your
computer skills and establish a training
program that works for you.
Strategic Resumes:
Your resume is a strategic
portrayal of your skills
knowledge, and lifetime
of experience, as they
relate to the job you
are seeking.
We will help you
create a resume that
presents you as an
employee with added
value: your mature outlook,
sound judgement and work ethic.
A resume alone won't land the job; but it can
separate you from other candidates and help
you get that all-important first interview.
Job Hunting:
Successful job hunting is
a learned skill. We will help
you learn how to research
organizations, plan effective
networking strategies and
find the hidden job market.
We will help you practice
interviewing skills; rehearse
responses that match your skills to employers'
needs and develop insightful closing questions.
{-I--/. . - ..
44~ 4PPLI.
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C4LL '(;R/(;;AJ, "LC4S"
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II\){". (.) S"{;;f-: ·
(;:Rv/~ "'C4p
tv.
Do You
Qualify?
If you are 55 or
over, and want or
need to work to
stay independent:
please call us.
If you haven't
worked for years,
or lack a formal education, or think you are
'unskilled': please call us. The Experience
Works Field Assistant in your area will meet
with you at a convenient location, determine
your eligibility and learn more about you.
Experience Works is a national,
nonprofit organization that provides
training and employment services
for mature workers.
Established as Green Thumb in 1965
and renamed Experience Works in 2002,
the organization reaches more than
125,000 older Americans each year.
For more information visit:
www.experienceworks.org.
Call Experience Works
651-388-4765
Or ea1l toll-free
888-871-2014
experience
. rk. s. ution
..nlor wo
fore
works 6/)
· (to~! qI'WC ~ .
Experience Works mission
is to put your experience to work.
By employing the experience of
older and other Minnesotans,
we promote lifelong independence
and human dignity, while we enable
businesses to be more competitive,
and nonprofit organizations
to be more effective.
How does
Experience Works
serve you?
We put experience to work!
f-:~J"".
~~..
I
Experience Works is a proud member of
Minnesota's Workforce System.
BOElM
experience
..n or _or . rc. . utlon.
works
August 11, 2005
TO:
The Honorable Mayor and City Council
FROM:
The Heritage Preservation Commission, John Grossman
RE:
Conservation District
At their July 19 meeting, the HPC unanimously approved a motion urging the Planning
Department to ask the City Council to officially establish the Conservation District.
!
, ,
'"
"
HASTINGS HERITAGE PRESERVATION COMMISSION
Minutes of the Meeting of July 19, 2005
I. Quorum: Goderstad, Simacek, Hellie, Warg, Sovik-Siemens and Martin
present; Boler, St. James absent. Staff: Grossman, Schrader.
ll. Minutes of June 21, 2005. Commissioner Martin asked to strike "new
stairs" from section ND of the June 21st meeting minutes. She clartfled that
her concem on this item was related only to the stair railing and not to the new
stairs on the property. Motion by Goderstad, second by Simacek to approve
the minutes with this correction. Motion passed, 6-0.
m. Review of building permits or design proposals
A. 307 East 6th Street. (Old Hastings, non-contributing)
Cheryl Gilbert provided extensive documentation that the building'was " .; "
constructed in 1891 rather than ca. 1870 as proposed by HPC staffiat-theJtme
meeting. She asked that the HPC allow some design flexibility on,tb.e proposed'
new front porch on the property due to the later construction date..: ;Ms. ,:Gilbert :,
presented sketches of various elements of the new porch and asked ,for the t..!'
Commissioners' feedback on the porch design. .
. I
~. '.
,I
I 1 ._
!
The Commissioners discussed the type of posts that should be used for the
front porch. The Commissioners ....stated that round posts would be the most
historically accurate and suggested the homeowners obtain round posts either
through a salvage yard or by purchasing injection molded fiberglass posts.
These options would be far less expensive than ordering custom-made posts.
The Commissioners discussed the general dimensions of the porch and
concluded that it would extend along the entire frontage of the house. The
Commissioners stated that they were hesitant to move forward and approve the
porch design without a sketch of the entire porch. The homeowners provided
sketches of certain design elements of the porch but nothing comprehensive.
The contractor, Butch Mallette, drew a comprehensive sketch of the proposed
porch for the Cornrni~sioners and suggested that the HPC approve the basic
structure of the porch and table approval of the railings, posts and stairs to the
next HPC meeting.
Motion by Warg, second by HeDie to approve the basic structure of the
porch as proposed by the appUcant, including the deck, foundation
consistent with building department guideUnes, and the roof1ine. Motion
passed, 6..0.
"
The Commissioners discussed the construction of a fa~ade wall on the recessed
portion of the front of the house to provide more visual consistency.
Motion by Simacek, second by Goderstad to approve construction of a
fa~de wall as proposed by the appHcant. Motion passed 4-2, Martin and
Hellie dissenting.
B. 221 East 2nd Street. (Gardner House. East 2nd St. District. Contributing)
Chainnan Warg presented information about the applicant.s request to replace
exterior light fixtures on the property. The Commissioners stated that they
would like to see either color pictures of the proposed light fixtures or actual
samples of the fixtures before approving the request.
The Commissioners directed staff to either have the owner bring his first choice
of light fixture to the next HPC meeting if feasible or provide color pictures of
the different options. The Commissioners would also like to have a rough
estimate of the cost of the proposed light fixtures. The Commissioners agreed
'. ..::that one of the designs proposed by the applicant. the MarqUis':design. was not' ;
'~,,;, >:acceptable. ';';.":I,~\,r' ,:
','.;-, . .
,".I .
;,\.c. 220 East.7th Street. (Old Hastings. Contributing) .::- t::.',' .:. /':
. :'. ; Commissioner Martin presented details 'about her proposal to'Temoveithe .
window trim on her property. The Commissioners stated that the proposal
meets historic guidelines and would restore historic elements of the home.
Motion by Goderstad, second by Hellie to approve removal of the window
trim pieces as proposed by the appHcant. Motion passed, 5-0, Martin
abstaining.
D. 321 East 5th Street. (Old Hastings. Contributing)
The Commissioners stated that the proposed stoop design is not historically
accurate. Staff replied that the proposed design has historic elements even
though it may not be entirely appropriate for the Italianate style. The
Commissioners stated that the proposed square spindles are inappropriate and
that exposed green-treated lumber would not be an acceptable material. The
Commissioners also stated that the proposed handrail was not acceptable.
The Commissioners directed staff to write a letter to the homeowner asking him
to bring in either a section drawing of the proposed spindles or an actual
example of the spindles. The Commissioners asked staff to communicate to
the homeowner that square spindles and green-treated wood would not be
approved by the HPC. The Commissioners suggested that the applicant drive
around town and view homes in the Italianate style in order to produce a more
historically accurate design.
E. 214 East 6th Street. (Old Hastings. Non-contributing)
The Commissioners discussed the elements of the proposed front porch repair
at the property. The Commissioners stated that the repair follows historic
guidelines. uses the proper materials and will improve the historic appearance
of the home.
Motion by Martin, second by Sovik-Siemens to approve repairs to the
front porch as proposed by the appHcant. Motion passed, 6-0.
IV. Information &: reports
A. 224 W. 7th Street. The Commissioners discussed the brick porch steps
that were constructed without HPC approval. The Commissioners stated
the homeowner should be made aware that avoiding the HPC approval
process is a misdemeanor and will be treated as such in the future.
Motion by Warg, second by Heme to direct staff to send the homeowner
a stern letter cautioning him against circumventing the IIPC approval
process in the future. Motion passed, 6-0.
,
B. 209 W. 7th Street. The Commissioners discussed the concrete sidewalk in
front of the property that was constructed without HPC approval. The
City Engineer has sent the homeowners a letter of understanding to
make certain that the sidewalk meets code and remains in good
condition.
'"
C. 401 W. 5th Street. The Commissioners discussed the railing along the
front steps that differs from the design approved by the HPC in June.
2004. The homeowner received approval from the building department
to construct a railing that did n0t match the railing approved by the
HPC. The Commissioners discussed the disconnect that seems to exist
between the Building Department and the HPC. The Commissioners
directed staff to send a letter to the homeowner stating that the HPC
knows that the railing is different than the design that was approved.
asking whether the new railing is temporary. and asking for an
explanation for the deviation from the approved design.
D. The Commissioners discussed what can be done to ensure that owners of
historic properties only make alterations that are approved by the HPC.
There have been several recent instances in which a homeowner obtained
HPC approval for alterations to the property. but the actual work
deviated from that approved by the HPC. The Commissioners suggested
having all applicants sign a document stating that any deviation from the
approved modifications must be approved by the HPC. Staff w1lllook
into adding similar language to the Application for Certificate of
Approval.
..
E. Commissioner Sovik-Siemens brought up the proposed twin home to be
constructed at 300 West 6th Street and questioned whether it is
appropriate for the neighborhood. This is not a historic property but
does fall in the proposed Conservation District. The Commissioners
agreed that the Conservation District should be officially designated by
the City Council so that more stringent design guidelines are established
in the area.
Motion by Sovik-8iemens, second by Goderstad to urge the Planning
Department to ask the City Council to omciaUy estabHsh the
Conservation District. Motion passed, 6-0.
F. Commissioner Goderstad directed staff to send Jackie Boler a letter
thanking her for her dedication. excellent work and leadership during
her time as an HPC commissioner and to wish her well in the future.
Staff will also send Ms. Boler a plaque to commemorate her work on the
Commission.
v. Adjournment. Motion by Goderstad. second by Sovik-Siemens to adjourn;
motion passed. 6-0. Meeting adjoumed at 9:25 p.m.
,.
. .
...
September 20
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Carol Latham
27
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