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I
CITY OF HASTINGS
COUNCIL MEETING
I. CALL TO ORDER:
7:00 P.M.
Monday
DATE: June 21,1999
II. ROLL CALL:
III. DETERMINATION OF QUORUM:
IV. APPROVAL OF MINUTES:
Approval of Minutes of the Regular Meeting of June 7, 1999
V. COUNCIL ITEMS TO BE CONSIDERED:
VI. CONSENT AGENDA:
The items on the consent agenda are to be acted upon by the City Council in a single motion.
There will be no discussion of these items unless a Councilmember or citizen so requests, in which
event the item will be removed from the Consent Agenda to the appropriate department.
1. Pay all Bills as Audited
2. Authorize blocking off road for neighborhood party
3. Civic Arena project change order, Fabcon (deduct)
4. Access agreement for Koch Refinery
5. Easement Vacation for County Crossroads (Oppidan Development)
6. Resolution-Prohibit Truck Traffic on Bailey Street, between 5th & 10th Streets
7. Resolution-Restrict Parking on West Side of Maple Street, between 9th & 10th
Streets
8. Pay Estimate #12 --- 1997 Improvement Program, Richard Knutson, Inc.
$28,703.63
9. Pay Estimate #8 --- 1998 Improvement Program, Richard Knutson, Inc.
$242,978.99
10. Pay Estimate #1 --- 1999 Improvement Program, Richard Knutson, Inc.
$252,658.70
11. Authorize Advertisement for Bid --- 1999 Sealcoat Program
12. Authorize Advertisement for Bid -- Hydropower Trashrack Cleaner
13. Authorize Advertisement - Street Department LEO Position
14. Resolution --- Approval of FTA Drug & Alcohol Use Policy
15. Approval of 1999-2000 Liquor License Applications
16. Pay Estimate # 7, Booster Station & Well Pumphouse Improvements, M.C.
Magney Construction, Inc. --- $94,035.75
17. Fritsch Assessment Appeal
18. Approval of Rivertown Days Parade Route
19. Approve Job Description and Authorize Advertising for Assistant City
Planner/GIS Technician
20. First Reading and Call for Public Hearing --- Ordinance Revision for Sprinking
Meters
Report from John Conzemius, Metropolitan Council Representative
Introduction of Colette Jurek, NSP Community & Local Government Affairs
Manager
VII. AWARDING OF CONTRACTS AND PUBLIC HEARING:
1. Public Hearing-Special Use & Site Plan (M&H Car Wash)
Cancel and remove from agenda
2. Public Hearing-Lake Street Vacation
VIII. REPORTS FROM CITY STAFF:
A. Public Works Director
1. Presentation by Dakota County Staff on Trail Connection between
South St. Paul and Hastings
B. City Planner
1. Special Use & Site Plan - M&H Car Wash
2. Resolution -- Street Vacation -- Lake Street
3. Special Use & Site Plan -- Holst proposed gravel pit (County Road 54
& 91)
4. House Move -- 601 Douglas Drive (Bill Bauer)
5. Parking Lot Setback Variance - Special Tees
6. Resolution -- Minor Subdivision --- 6th Street East & Vermillion
C. Administrator
1. EPA Risk Management Program -- Presentation by Dave Gisch
2. 1998 Comprehensive Annual Financial Report
3. 1998 Audit Management Report
4. Revised Pawn Shop Ordinance
5. Land Acquisition Agreement
IX. COMMENTS FROM AUDIENCE:
X. UNFINISHED BUSINESS:
XI. NEW BUSINESS:
XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS:
XIII. ADJOURNMENT
Next Regular Meeting on Tuesday, July 6, 1999
Hastings, Minnesota
June 7, 1999
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday,
June 7, 1999 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings,
Minnesota.
Councilmembers Present: Yandrasits, Riveness, Simacek, Johnson, Hicks, Moratzka &
Mayor Werner
Councilmembers Absent: None
Staff Members Present: Dave Osberg, City Administrator;
Shawn Moynihan, City Attorney;
Tom Montgomery, Public Works;
Matt Weiland, City Planner;
and Melanie Mesko, Administrative Assistant/City Clerk
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes of the regular
meeting of May 17, 1999 and hearing none, approved the minutes as presented.
Council Items to Be Considered
Moved by Councilmember Johnson, seconded by Councilmember Moratzka, to add a request
for No Parking by the Aquatic Center. This item was added to Public Works Director Report as Item
#2.
Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, the following
items: Moved from Consent Agenda Item #10-Intek Antenna Request to Item #3 of the Public
Works Director Report, Item #1 of the City Planner-M&H Car Wash was tabled to June 21't, and the
removal ofItem #8 from the Consent Agenda-No Parking on the South Side of II th Street Entering
the High School Property and put on as Item #4 under Public Works Director Reports.
7 Ayes; Nays, None.
Consent Agenda
Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to approve
the Consent Agenda as amended.
7 Ayes; Nays, None.
1. Pay All Bills as Audited
2. Accept Retirement of Sam Sorenson
3. Renew Inspection Agreement with State Fire Marshall's Division
4. Schedule Special City Council Workshop to Discuss Comprehensive Plan
5. 1999 Budget Transfers
6. Accept Resignation of Assistant Finance Director/Authorize Advertisement for Position
7. Resolution No. 6-1-99-Approve Designation ofCR #91 as a County State Aid Highway
8. Resolution-No Parking on the South Side of 11 th Street Entering the High School Property
(Moved to Item #3 under Public Works Director Report)
Page 2
9. Arbitration Request-Subcontractor Claim on the Booster Station and Pumphouse
Improvements Project
10. lntek Antenna Request (Moved to Item #4 under Public Works Director Report)
11. Pay Estimate #1, SCADA Control System Automatic Systems Co., $63,151.25
12. Street Vacation-Order Public Hearing (Lake Street)
13. Policy for Off-Duty Emergency Assistance
14. Appointment to Heritage Preservation Commission-Heidi Langenfeld, 207 Second Street
West
15. Resolution No. 6-3-99 providing for sale of 1999A General Obligation Improvement Bonds
Contract Award--Hydro Cooling System
Public Works Director Tom Montgomery presented the bids and recommended awarding the
contract to Berg Chilling Systems in the amount of $18,221.
Moved by Councilmember Riveness, seconded by Councilmember Hicks, to award the bid
to Berg Chilling Systems in the amount of$18,221.
7 Ayes; Nays, None.
Award Sale of Excess Public Works Equipment
Public Works Director Tom Montgomery presented the bids that were received for the Street
Department screeners, motors and pumps from City wells and a Utility Department trailer mounted
jetting unit. Montgomery recommended the awarding of the Street Department screener to Emerald
. Greens Golf in the amount of $2,050, the well motors and pumps for Well 3, Well 4 and Well 6 to
Emerald Greens Golf, and the trailer mounted jetting unit to Flexible Pipe Tool Company in
exchange for $9,300 worth of equipment. Montgomery also requested that the monies from the sale
of the well motors and pumps be transferred back to the Water Fund rather than the City's General
Fund.
Moved by Councilmember Riveness, seconded by Councilmember Johnson, to approve the
sale of excess public works equipment as received, with monies from the sale of the well motors and
pumps to go to Water Fund.
7 Ayes; Nays, None.
Resolution No. 6-5-99-Prohibit Parking on the West Side of Bailey Street between 8tb & 10tb
Street
Public Works Director Montgomery presented a proposal to prohibit parking on the West
side of Bailey Street. This would allow for striping of bike lanes as required by Mn!DOT as part of
the Veterans Bikeway Project.
Council opened it up for public comment. Mitch Harrington of 809 Bailey St.; Jeannie
Harrington of 809 Bailey St.; Chris Whitehall of 800 Bailey St. all commented on the traffic levels
and amount of truck traffic on Bailey and stated their objections to a trail at that location. Council
discussed with the residents how the funding was achieved for this project: this is site specific
funding and can not be used for trailways in another location. Council also indicated that the trail
system continues to be a work in progress and that this is the piece of the trail the City is able to
construct at this time.
Page 3
Moved by Councilmember Moratzka, seconded by Councilmember Simacek, to approve
Resolution No. 6-5-99 Prohibit Parking on the West Side of Bailey Street with a friendly amendment
to have Staff prepare a prohibition on truck traffic on Bailey at the June 21 sl Council meeting.
7 Ayes; Nays, None. Copy of resolution on file.
Proposed No Parking Zone on Maple Street
Tom Montgomery presented a proposal to sign Maple Street between 9th & 10th Streets as no
parking on both sides of the street from 9:00 a.m. to 9:00 p.m. during June I-September I to keep
the area in front of the Aquatic Center open and available for Aquatic Center traffic. There was a
concern by Council about some homeowners not being notified of this proposal.
Moved by Councilmember Hicks, seconded by Councilmember Yandrasits, to approve a
prohibition of parking on the East side of Bailey only and Staff to notify residents of the possibility
of restricting parking on the west side.
7 Ayes; Nays, None.
Request from Intek to Mount a Microwave Dish on the Industrial Park Water Tower and run
a Fiber Optic Deddle Line Connection Across City Property
Staff recommended that this request be approved with no annual fee charge due to the recent
bikeway easement granted by lntek valued at $85,900. Staff also recommended to direct the City
Attorney to prepare a twenty year lease agreement and to execute the lease agreement upon its
acceptance by Intek.
Moved by Councilmember Simacek, seconded by Councilmember Riveness, to approve the
antenna request and the execution of the twenty year lease, with reference made in the lease to
Intek's Bikeway Easement.
7 Ayes; Nays, None.
No Parking Request for the South Side of 11 tb Street entering the High School Property
Moved by Councilmember Johnson, seconded by Councilmember Riveness, to table this
request until the fall and to provide notification to the adjacent homeowners.
7 Ayes; Nays, None.
Special Use & Site Plan - M&H Car Was
Moved by Councilmember Simacek, seconded by Councilmember Riveness to table this
item.
7 Ayes; Nays, None.
151 Reading and the Ordering of Public Hearing for Rezoning Riverwood 71b
Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka, to
recommend approval of the 151 reading of the ordinance to rezone the property to R-3 and to order
public hearing for the June 21, 1999 Council meeting.
6 Ayes; Nays, Hicks
Page 1/
Resolution No. 6-6-99-Riverwood 7th Final Plat
Moved by Councilmember Johnson, seconded by Councilmember Riveness, to approve the
Riverwood 7th Final Plat subject to the Planners report.
6 Ayes; Nays, Hicks Copy of resolution on file.
Resolution No. 6-7-99-Sunny Acres 8 Final Plat
Moved by Councilmember Hicks, seconded by Councilmember Simacek, to approve Sunny
Acres 8 Final Plat.
7 Ayes; Nays, None. Copy of resolution on file.
Siewert Summit Point Site Plan
Planner Weiland presented the reports and indicated that in his report Staff is recommending
that trees be added by the ponds, in the cul-de-sac and that a decorative fence be installed as well.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks, to approve
Summit Point Site Plan.
7 Ayes; Nays, None.
Request for a Setback Variance from Kevin Raway (519 18th Street)
Mr. Raway is proposing to install a garage addition to the side of his existing garage and is
requesting a variance of 3 feet 8 inches.
Moved by Councilmember Hicks, seconded by Councilmember Johnson, to approve the
setback variance request.
7 Ayes; Nays, None.
Request for Setback Variance-Lester Fair (40 Valley Lane)
Mr. Fair is requesting approval of a 6 inch variance to add a new garage to the side of his
existing garage.
Moved by Councilmember Riveness, seconded by Councilmember Yandrasits, to approve
the setback variance request.
7 Ayes; Nays, None.
Setback Variance-Robert Clark (1361 Blueberry Court)
Mr. Clark is requesting approval of a 6 foot variance from front yard setback to add a new
deck to the front of his house.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks, to approve the
setback variance for 1361 Blueberry Court. Roll Call Vote was taken. Approved
7 Ayes; Nays, None.
Request for House Move by Lucille Reuter (Lots 3 & 4, Block 9, Barkers Addition)
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to approve
the house move request.
7 Ayes; Nays, None.
Page 5
Adjournment
Moved by Councilmember Johnson, seconded by Councilmember Riveness, to adjourn the
meeting at 8:20 p.m.
7 Ayes; Nays, None.
ATTEST
City Clerk
Mayor
DATE 06/1a/~~ TIM~ 00:42
CHECK# VENDOR NAME
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOD ENDING: 06/21/99
DESCRIPTION
MN DEPARTMENT OF HEALTH 2ND QTR TESTING FEE
*** TOTAL FOR DEPT 00
RILEY, DETTMANN & KELSEY CONSULTING SVCS
VERIFIED CREDENTIAL INC. BACKGROUND CK-JONES
*** TOTAL FOR DEPT 01
COUNCIL REPORT PAGE
DEPT.
VI-1
AMOUNT
~------- 6,819.00
6,819.00
LEGISLAT 398.29
LEGISLAT 20.00
418.29
A T & T MAY LONG DISTANCE ADMINIST 24.07
A T & T MAY LONG DISTANCE ADMINIST 1.40
BT OFFICE PRODUCTS INT'L. FOLDERS ADMINIST 35.96
BT OFFICE PRODUCTS INT'L. FOLDERS ADMINIST 2.34
BT OFFICE PRODUCTS INT'L. CASSETTE/INK ROLLERS ADMINIST 19.26
BT OFFICE PRODUCTS INT'L. CASSETTE/INK ROLLERS ADMINIST 1.25
BT OFFICE PRODUCTS INT'L. PAPER/LABELS/BOXES/BNDRS ADMINIST 280.15
BT OFFICE PRODUCTS INT'L. PAPER/LABELS/BOXES/BNDRS ADMINIST 18.21
BT OFFICE PRODUCTS INT'L. BINDERS ADMINIST 7.07
BT OFFICE PRODUCTS INT'L. BINDERS ADMINIST 0.46
BT OFFICE PRODUCTS INT'L. RETURN DEFECTIVE BINDERS ADMINIST 7.07-
BT OFFICE PRODUCTS INT'L. RETURN DEFECTIVE BINDERS ADMINIST 0.46-
CONVERGENT COMMUNICATIONS PROGRAM PHONES ADMINIST 240.50
GRAPHIC DESIGN BUS CDS-WEILAND/GROSSMAN ADMINIST 70.00
GRAPHIC DESIGN BUS CDS-WEILAND/GROSSMAN ADMINIST 4.55
GRAPHIC DESIGN BUS CDS-MESAROS ADMINIST 60.00
GRAPHIC DESIGN BUS CDS-MESAROS ADMINIST 3.90
GRAPHIC DESIGN BUS CDS-GURNEY/PEDERSON ADMINIST 70.00
GRAPHIC DESIGN BUS CDS-GURNEY/PEDERSON ADMINIST 4.55
GRAPHIC DESIGN ENVELOPES ADMINIST 434.00
GRAPHIC DESIGN ENVELOPES ADMINIST 28.21
MN CITY/CTNY MANGEMNT ASN MAY 99-APR 00 MEMBERSHIP ADMINIST 82.00
MN DEPT OF COMMERCE NOTARY - TOENJES ADMINIST 40.00
MN DEPT OF COMMERCE NOTARY - SCHROEDER ADMINIST 40.00
UNITED STATES POSTAL SERV RESET POSTAGE METER ADMINIST 2,000.00
*** TOTAL FOR DEPT 02 3,460.35
BENSON, LYNNE M.
BENSON, LYNNE M.
WEBSTER, LORI A.
*** TOTAL
DATA COMM WAREHOUSE
FARMER BROS CO.
W.W. GRAINGER, INC.
W.W. GRAINGER, INC.
W.W. GRAINGER, INC.
W.W. GRAINGER, INC.
LIFEWORKS SERVICES INC.
LIFEWORKS SERVICES INC.
MAINTENANCE ENGINEERING
MAINTENANCE ENGINEERING
MAINTENANCE ENGINEERING
MAINTENANCE ENGINEERING
ORKIN PEST CONTROL
ORKIN PEST CONTROL
JUNE APA MTG
MILEAGE-JUNE APA MTG
USER GROUP MTG- MILEAGE
FOR DEPT 05
TONE GENERATOR
COFFEE
CABLE DUCT RACEWAY
CABLE DUCT RACEWAY
PVC GLOVES
PVC GLOVES
MAY JANITORIAL SVCS
MAY JANITORIAL SVCS
LI GHT BULBS
LI GHT BULBS
BVA PHOTO LAMPS
BVA PHOTO LAMPS
JUNE 99 SVC
JUNE 99 SVC
FINANCE
FINANCE
FINANCE
C!TY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
C!TY HAL
CITY HAL
CITY HAL
C!TY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
20.00
24.80
30.38
75.18
132.61
23.92
15.21
0.75
21.70
1.16
87.34
5.68
357.73
23.25
122.94
7.78
72.00
4.68
DATE 06/18/99 TIME 09:42
CITY OF HASTINGS
COUNCIL REPORT PAGE
2
APPROVAL OF BILLS
PERIOD ENDING: 06/21/99
CHECK# VENDOR NAME
DESCRIPTION
-------- ------------------------- ------------------------ ------.- -----------
AMOUNT
REIS,INC OUTLET BOX
REIS,INC OUTLET BOX
REIS,INC CIRCUIT BRKR/CORDS
REIS,INC CIRCUIT BRKR/CORDS
REIS,INC CORDS/SURGE PROTECTOR
RE IS, I NC CORDS/SURGE PROTECTOR
REIS,INC CORDS/SOAP
RE IS, I NC CORDS/SOAP
REIS,INC YD-40
REIS,INC YD-40
REIS,INC CABLE TIES
REIS,INC CABLE TIES
REIS,INC STAPLES/TAPE
REIS,INC STAPLES/TAPE
REIS,INC ELECTRICAL TAPE
REIS,INC ELECTRICAL TAPE
STATE SUPPLY CO BOILER REPAIR PARTS
STATE SUPPLY CO BOILER REPAIR PARTS
STATE SUPPLY CO PLUMBING REPAIR PARTS
STATE SUPPLY CO PLUMBING REPAIR PARTS
*** TOTAL FOR DEPT 08
DEPT.
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
C!TY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
CITY HAL
1,132.90
PAUL OHLIN RADIO EQUIPMENT POLICE
PAUL OHLIN RADIO EQUIPMENT POLICE
A T & T MAY LONG DISTANCE POLICE
A T & T MAY LONG DISTANCE POLICE
BT OFFICE PRODUCTS INT'L. RIBBONS/PENS POLICE
BT OFFICE PRODUCTS INT'L. RIBBONS/PENS POLICE
COLOR LAB INC.(PHOTO FAIR DEVELOP & PRINTING POLICE
COLOR LAB INC.(PHOTO FAIR DEVELOP & PRINTING POLICE
COLOR LAB INC.(PHOTO FAIR DEVELOP & PRINTING POLICE
COLOR LAB INC.(PHOTO FAIR DEVELOP & PRINTING POLICE
COLOR LAB INC.(PHOTO FAIR DEVELOP & PRINTING POLICE
COLOR LAB INC.(PHOTO FAIR DEVELOP & PRINTING POLICE
CONTINENTAL SAFETY SAFETY HELMETS POLICE
CONVERGENT COMMUNICATIONS REROUTE PHONE LINES POLICE
DAKOTA COUNTY TECH COLLEG SPRING FIREARMS SCHOOL POLICE
GRAPHIC DESIGN STMT OF RIGHTS/~AIVER POLICE
GRAPHIC DESIGN STMT OF RIGHTS/~AIVER POLICE
GRAPHIC DESIGN ENVELOPES POLICE
GRAPHIC DESIGN ENVELOPES POLICE
HASTINGS POLICE EXPLORERS GAS REIMBURSEMENT POLICE
HASTINGS VEHICLE REGIS. TITLE/REG POL VEHICLES POLICE
KEGLEY, JOSEPH SCHOOL PTRL PICNIC SUPPL POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE POLICE
BIRCHEN ENTERPRISES INC. OIL CHANGE/CHANGE TIRES POLICE
5.79
0.38
23.60
1.53
20.92
1.36
18.01
1.17
4.96
0.32
1.38
0.09
4.83
0.31
3.29
0.21
90.37
5.50
68.07
4.06
508.00
33.02
63.76
4.20
29.64
1.93
9.22
0.60
19.01
1.24
5.79
0.38
226.80
50.00
475.00
106.00
6.89
30.00
1.95
48.80
18.00
20.76
15.45
0.91
15.45
0.91
15.45
0.91
15.45
0.91
38.10
DATE 06/18/99 TIME 09,42
CHECK# VENDOR NAME
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
BIRCHEN ENTERPRISES INC.
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
NEXTEL COMMUNICATIONS
NEXTEL COMMUNICATIONS
O'BRIEN, JOE CHEVROLET
O'BRIEN, JOE CHEVROLET
PRORlDER INC.L
SORENSON, SAMUEL
STREICHER'S
STREICHER'S
UNIFORMS UNLIMITED
UNIFORMS UNLIMITEO
US INTERNET
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
TECH PARTNERS
AIRTOUCH CELLULAR
A T & T
A T & T
FIRE INSTRUCTORS ASSN
FIRE INSTRUCTORS ASSN
HENNEPIN TECH COLLEGE
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
NORTHERN STATES POWER
NORTHERN STATES POWER
SCHOEPPNER, DALE
WAL MART STORE #01-1472
WAL MART STORE #01-1472
***
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOO ENOING: 06/21/99
DESCRIPTION
OIL CHANGE/CHANGE TIRES
OIL CHANGE/TIRES
OIL CHANGE/TIRES
HEADLIGHTS
HEADLI GHTS
FT END ALIGNMENT/ROTATE
FT END ALIGNMENT/ROTATE
SHOCKS/TIRES
SHOCKS/TIRES
TI RES
TIRES
PLUG TIRES
PARTS
PARTS
CELL PHONE SVC
CELL PHONE SVC
REPLACE FUEL PUMP
REPLACE FUEL PUMP
BIKE HELMETS
PARKA
12 GUAGE AMMO
12 GUAGE AMMO
HOLSTER-OEPT USE
HOLSTER-DEPT USE
JUNE INTERNET
SERVICE
SERVICE
SERVICE
SERVICE
OFFICE PRO 97
OFF I CE PRO 97
MEMORY/ETC.
MEMORY/ETC.
CO ROM
CO ROM
MAINTENANCE
ETHERNET CABLES
ETHERNET CABLES
CELL PHONE SVC
TOTAL FOR DEPT 21
MAY LONG DISTANCE
MAY LONG DISTANCE
97 MN FIRE CODES
97 MN FIRE CODES
TUITION- R SHECKLES
PARTS
PARTS
MAY ELECTRIC
MAY ELECTRIC
MILEAGE TO FIRE SCHOOL
COVERS
COVERS
COUNCIL REPORT PAGE
3
DEPT.
AMOUNT
POLICE 1.33
POLICE 126.81
POLICE 6.72
POLICE 21.95
POLICE 0.84
POLICE 54.40
POLICE 2.60
POLICE 375.80
POLICE 17.99
POLICE 111.36
POLICE 5.81
POLICE 7.20
POLICE 13.95
POLICE 0.91
POLICE 55.52
POLICE 293.15
POLICE 247.56
POLICE 8.73
POLICE 376.83
POLICE 67.98
POLICE 72.75
POLICE 4.21
POLICE 50.40
POLICE 3.28
POLICE 45.00
POLICE 169.00
POLICE 10.99
POLICE 78.00
POLICE 5.07
POLICE 620.00
POLICE 40.30
POLICE 201.50
POLICE 12.61
POLICE 59.00
POLICE 3.84
POLICE 258.00
POLICE 67.84
POLICE 3.76
POLICE 431.16
5,698.68
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
33.28
2.19
455.66
28.87
160.16
1.07
0.07
763.05
49.60
111.15
19.40
1.26
DATE 06/18/99 TIME 09:42
CHECK# VENDOR NAME
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOD ENDING: 06/21/99
DESCRIPTION
COUNCIL REPORT PAGE
DEPT.
4
----.-.- ------------------------- ------------------------ -------- -----------
AMOUNT
WAL MART STORE #01-1472
WAL MART STORE #01-1472
WAL MART STORE #01-1472
WAL MART STORE #01-1472
WAL MART STORE #01-1472
WAL MART STORE #01-1472
WAL MART STORE #01-1472
WAL MART STORE #01-1472
*** TOTAL
WATER HOSE
WATER HOSE
LABEL TAPE/CUPS
LABEL TAPE/CUPS
BATTERIES
BATTERIES
TOIIELS
TOIIELS
FOR DEPT 22
PARR EMERGENCY,INC AMB SUPPLIES
MICROFLEX MEDICAL CORP. AMB SUPPLIES
WAL MART STORE #01-1472 AMB SUPPLIES
*** TOTAL FOR DEPT 23
BELTZ, JEFFREY H. JUNE ANIMAL CONTROL
*** TOTAL FOR DEPT 27
GURNEY, DAVID
GURNEY, DAVID
GURNEY, DAVID
MEALS-MPWA CONF
PRINTER PAPER
FLASH MEMORY RECEIVER
*** TOTAL FOR DEPT 31
ANDERSEN, E.F. & ASSOC.
ANDERSEN, E.F. & ASSOC.
ATCO INTERNATIONAL
ATCO INTERNATIONAL
A T & T
A T & T
BRAUN, CRAIG
BRAUN, CRAIG
COMMERCIAL ASPHALT CO
COMMERCIAL ASPHALT CO
COMMERCIAL ASPHALT CO
COMMERCIAL ASPHALT CO
G & K SERVICES
G & K SERVICES
MN DEPT OF PUBLIC SAFETY
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
MOTOR PARTS SERVICE CO
STREET SIGN
STREET SIGN
ALL PRO CLEANER
ALL PRO CLEANER
MAY LONG DISTANCE
MAY LONG DISTANCE
SOD
SOD
TACK OIL
TACK OIL
BLACKTOP
BLACKTOP
SHOP TOWELS/MATS
SHOP TOIIELS/MATS
HAZ WASTE FEE
CORE CREO IT
FILTERS
FILTERS
BATTERIES
FILTERS/CAPS
FILTERS/CAPS
BATTERIES
KWIK-CONCT-GREEN TRUCK
KWIK-CONCT-GREEN TRUCK
HYO COULPR
HYO COULPR
CONNECTOR
CONNECTOR
CAPS
CAPS
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
19.96
1.30
72.30
4.70
43.39
2.82
29.10
1.89
1,801.22
AMBULANC 81.84
AMBULANC 148.00
AMBULANC 33.88
263.72
ANIMAL C 1,100.00
1,100.00
ENGINEER 61.60
ENGINEER 31.92
ENGINEER 73.85
167.37
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
26.20
1.70
99.80
6.48
16.68
1.10
102.00
6.63
92.00
5.98
226. 13
14.70
64.64
4.20
25.00
5.00-
108.21
7.04
157.07
137.19
8.92
9.89
11.50
0.75
9.50
0.62
3.40
0.23
14.13
0.98
DATE 06/1B/99 TIME 09:42
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOD ENDING: 06/21/99
CHECK# VENDOR NAME
DESCRIPTION
NIEBUR IMPLEMENT CO KNIFE SET/YEED YHIPS
NIEBUR IMPLEMENT CO KNIFE SET/YEED YHIPS
O'BRIEN, JOE CHEVROLET GEAR LUBE
O'BRIEN, JOE CHEVROLET GEAR LUBE
PINE BEND PAVING, INC. BLACKTOP
PINE BEND PAVING, INC. BLACKTOP
PINE BEND PAVING, INC. BLACKTOP
PINE BEND PAVING, INC. BLACKTOP
PRAXAIR DISTRIBUTION INC. YELDING SUPPLIES
PRAXAIR DISTRIBUTION INC. YELDING SUPPLIES
SHERYIN-YILLIAMS SPRAY TIPS
SHERYIN-YILLIAMS SPRAY TIPS
SOLBERG AGGREGATE COMPANY LIME ROCK
SOLBERG AGGREGATE COMPANY LIME ROCK
THERMOGAS CO OF HASTINGS LP GAS #100
THERMOGAS CO OF HASTINGS LP GAS #100
UNLIMITED SUPPLY INC SHOP SUPPLIES
UNLIMITED SUPPLY INC SHOP SUPPLIES
*** TOTAL FOR DEPT 32
COUNCIL REPORT PAGE
DEPT.
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
2,759.62
5
AMOUNT
50.35
3.27
14.64
0.95
97.50
6.33
678.60
44.10
133.37
8.67
47.90
3.11
265.01
6.28
34.00
2.21
193.11
12.55
DAKOTA ELECTRIC ASSN MAY ELECTRIC ST LI GHT 576.48
DAKOTA ELECTRIC ASSN MAY ELECTRIC ST LI GHT 37.47
NORTHERN STATES POYER MAY ELECTRIC ST LI GHT 10,041.93
NORTHERN STATES POYER MAY ELECTRIC ST LI GHT 562.46
RADKE ELECTRIC HYY 61!1 OTH ST ST LIGHT 125.00
RAOKE ELECTRIC UNDERGROUND LIGHT RPRS ST LI GHT 795.20
RADKE ELECTRIC DOYNTOYN LIGHT REPAIRS ST LI GHT 1,338.69
*** TOTAL FOR DEPT 33 13,477.23
HASTINGS STAR GAZETTE EXCESS EQUIP SALE CITY CLE 13.00
HASTINGS STAR GAZETTE CODE INSP AD CITY CLE 51.00
HASTINGS STAR GAZETTE SURVEY HELPER AD CITY CLE 25.50
HASTINGS STAR GAZETTE SURVEY HELPER AD CITY CLE 25.50
HASTINGS STAR GAZETTE MINOR SUBDIVISION NOTICE CITY CLE 19.50
HASTINGS STAR GAZETTE SPECIAL PLANNING COMM CITY CLE 13.00
PIONEER PRESS DISPATCH CODE ENF INSP AD CITY CLE 212.52
*** TOTAL FOR DEPT 41 360.02
ACE BLACKTOP BLACKTOP TRAIL AT POOL PK PROJE 3,530.00
COLT ELECTRIC INC. LTS-ROADSIDE PARK MONUME PK PROJE 3,164.25
GREMMER & ASSOCIATES INC. INSPECTIONS PMT #9 PK PROJE 1,818.80
HOISINGTON KOEGLER GROUP DNR MTG-GREENYAYS PK PROJE 227.40
OTTO EXCAVATING, INC. CONCESSION BLDG - HAYKS PK PROJE 8,583.94
*** TOTAL FOR DEPT 52 17,324.39
A T & T MAY LONG DISTANCE PK OPERA 2.92
A T & T MAY LONG DISTANCE PK OPERA 0.19
FARMERS UNION CO-OP ASSN ROUNDUP PK OPERA , 06 .78
FARMERS UNION CO-OP ASSN ROUNDUP PK OPERA 6.91
FARMERS UNION CO-OP ASSN HERBICIDE/SULFATE/UREA PK OPERA 1,469.33
FARMERS UNION CO-OP ASSN HERBICIDE/SULFATE/UREA PK OPERA 83.81
FARMERS UNION CO-OP ASSN UNICEL PK OPERA 6.00
FARMERS UNION CO-OP ASSN UNICEL PK OPERA 0.39
DATE 06/18/99 TIME 09:42
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOD ENDING: 06/21/99
CHECK# VENDOR NAME
DESCRIPTION
-------- ------------------------- ------------------------ -------- -----------
FIRST NAT'L BANK HRA-SR CENTER
KREMER SPRING & ALIGNMENT 99 CHEV VIN# 77543
KREMER SPRING & ALIGNMENT 99 CHEV VIN# 77543
LEEF BROTHERS, INC. TOWELS/MATS
LEEF BROTHERS, INC. TOWELS/MATS
MIRACLE RECREATION EQUIP 6' PARK BENCH
MIRACLE RECREATION EQUIP 6' PARK BENCH
MOTOR PARTS SERVICE CO MUFFLER - ETC
MOTOR PARTS SERVICE CO MUFFLER - ETC
MTI DISTRIBUTING COMPANY ASST. PARTS
MTI DISTRIBUTING COMPANY ASST. PARTS
MTI DISTRIBUTING COMPANY ASST. PARTS
MTI DISTRIBUTING COMPANY ASST. PARTS
NIEBUR OIL CO INC GASOLINE, DIESEL
NIEBUR OIL CO INC GASOLINE, DIESEL
NORTHERN STATES POWER MAY ELECTRIC
NORTHERN STATES POWER MAY ELECTRIC
NORTHERN STATES POWER MAY ELECTRIC
NORTHERN STATES POWER MAY ELECTRIC
RENT 'N' SAVE PORTABLE PORTABLE RESTROOMS
RENT 'N' SAVE PORTABLE PORTABLE RESTROOMS
SAFETY KLEEN CORP DRUM
*** TOTAL FOR DEPT 53
HASTINGS ACCESS CORP. ACCESS SUPPORT/DEV
*** TOTAL FOR DEPT 56
HOFFMAN-MCNAMARA KUCHERA MEMORIAL - POOL
HOFFMAN-MCNAMARA KUCHERA MEMORIAL - POOL
HOFFMAN-MCNAMARA D. PETERSON MEMORIAL
HOFFMAN-MCNAMARA D. PETERSON MEMORIAL
HOFFMAN-MCNAMARA POOL PLANT MATERIAL
HOFFMAN-MCNAMARA POOL PLANT MATERIAL
*** TOTAL FOR DEPT 62
GROSSMAN, JOHN
GROSSMAN, JOHN
MILEAGE-GROSSMAN
MISC EXPENSES
*** TOTAL FOR DEPT 63
BRADLEY & DEIKE PA LEGAL ADVICE-TIF
*** TOTAL FOR DEPT 64
ARROW BUILDING CENTER
ARROW BUILDING CENTER
A T & T
A T & T
BT OFFICE PRODUCTS INT'L.
BT OFFICE PRODUCTS INT'L.
CARQUEST OF HASTINGS
CARQUEST OF HASTINGS
DPC INDUSTRIES
GOPHER STATE ONE-CALL
JIFFY-JR PRODUCTS
STUDS/SINKERS
STUDS/SINKERS
MAY LONG DISTANCE
MAY LONG DISTANCE
PAPER
PAPER
OIL FILTERS
OIL FILTERS
HFS ACID
INC MAY ONE CALL SERVICE
TOWELS/BROOM/HANDLE
COUNCIL REPORT PAGE
6
DEPT.
AMOUNT
PK OPERA 1,977.35
PK OPERA 1,210.50
PK OPERA 53.63
PK OPERA 68.93
PK OPERA 4.48
PK OPERA 250.00
PK OPERA 16.25
PK OPERA 158.87
PK OPERA 10.33
PK OPERA 271.62
PK OPERA 17.43
PK OPERA 191.44
PK OPERA 12.23
PK OPERA 2,342.56
PK OPERA 43.16
PK OPERA 578.47
PK OPERA 37.60
PK OPERA 1,205.96
PK OPERA 78.37
PK OPERA 362.00
PK OPERA 9.41
PK OPERA 109.00
10,685.92
CABLE 20,000.00
20,000.00
REFOREST 300.00
REFOREST 19.50
REFOREST 30.00
REFOREST 1.95
REFOREST 27.89
REFOREST 429.00
808.34
HRA
HRA
26.20
22.15
48.35
INDUSTRI 25.00
25.00
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
12.43
0.81
16.67
1.10
43.22
2.81
7.47
0.49
146.52
236.25
~.~
DATE 06/18/99 TIME 09:42
CITY Of HASTINGS
COUNCIL REPORT PAGE
7
APPROVAL Of BILLS
PERIOD ENDING: 06/21/99
CHECK# VENDOR NAME
DESCR I PT ION
DEPT.
JIFFY-JR PRODUCTS
JIfFY-JR PRODUCTS
JIFFY-JR PRODUCTS
KUSSKE MECHANICAL, INC.
M.C. MAGNEY CONSTRUCTION
MN DEPARTMENT OF HEALTH
NORTHERN STATES POWER
NORTHERN STATES POWER
TWIN CITY WATER CLINIC
TWIN CITY WATER CLINIC
WATER PRO
WATER PRO
***
TOWELS/BROOM/HANDLE WATER
GLOVES/FACESHIELD WATER
GLOVES/FACESHIELD WATER
90 DEGREE ELBOW WATER
PAY #7 BOOSTER/PUMPHOUSE WATER
OPERATOR CERT-HEUSSER WATER
MAY ELECTRIC WATER
MAY ELECTRIC WATER
IN NITRATE ANALYSIS WELL 6 WATER
IN MAY WATER ANALSIS WATER
COPPER DISC WATER
COPPER DISC WATER
TOTAL FOR DEPT 70 95,659.39
AMOUNT
3.55
41.15
2.51
792.50
94,035.75
23.00
79.49
5.16
25.00
76.00
44.02
2.86
HOESCHEN, JAMES B. BOOTS WASTEWAT 78.20
MCES JULY 98 SEWER SERVICE WASTEWAT 62,538.27
MN PIPE & EQUIPMENT PVC PIPE/COUPLINGS WASTEWAT 105.53
MN PIPE & EQUIPMENT PVC PIPE/COUPLINGS WASTEWAT 6.86
NORTHERN STATES POWER MAY ELECTRIC WASTEWAT 389.73
NORTHERN STATES POWER MAY ELECTRIC WASTEWAT 25.33
QUALITY FLOW SYSTEMS IMPELLER-10TH ST LIFT ST WASTEWAT 1,211.00
QUALITY FLOW SYSTEMS IMPELLER-10TH ST LI FT ST WASTEWAT 64.74
*** TOTAL FOR DEPT 71 64,419.66
A T & T MAY LONG DISTANCE TRANSIT 2.57
A T & T MAY LONG DISTANCE TRANSIT 0.17
HASTINGS TIRE & AUTO SVC TIRES-T4 TRANSIT 332.64
HASTINGS TIRE & AUTO SVC TIRES-T4 TRANSIT 19.41
HASTINGS BUS CO BACKUP DRIVER 5/3/99 TRANSIT 53.59
HASTINGS BUS CO BACKUP DRIVER 5/4/99 TRANSIT 53.59
HASTINGS BUS CO BACKUP DRIVER 5/5/99 TRANSIT 61.84
HASTINGS BUS CO BACKUP DRIVER 5/10/99 TRANS IT 53.59
HASTINGS BUS CO BACKUP DRIVER 5/11/99 TRANSIT 49.47
HASTINGS BUS CO BACKUP DRIVER 5/17/99 TRANSIT 57.72
HASTI NGS BUS CO BACKUP DRIVER 5/20/99 TRANSIT 50.09
HASTINGS BUS CO BACKUP DRIVER 5/21/99 TRANS IT 56.23
HASTI NGS BUS CO BACKUP DRIVER 5/24/99 TRANSIT 53.59
HASTINGS BUS CO BACKUP DRIVER 5/25/99 TRANS IT 42.55
HASTINGS BUS CO BACKUP DRIVER 5/26/99 TRANS IT 49.47
HASTINGS BUS CO BACKUP DRIVER 5/27/99 TRANSIT 65.96
HASTINGS BUS CO BACKUP DRIVER 5/28/99 TRANS IT 68.60
ACE HARDWARE CLOCKS fOR T1 & T2 TRANSIT 12.98
ACE HARDWARE CLOCKS FOR T1 & T2 TRANSIT 0.84
ACE HAROWARE KEYS TRANS IT 18.11
ACE HAROWARE KEYS TRANSIT 1.18
LAKE LAND TRUCK CENTER MANUALS TRANSIT 170.35
LAKELANO TRUCK CENTER MANUALS TRANSIT 10.62
MOTOR PARTS SERVICE CO AIR FILTER TRANSIT 11.35
MOTOR PARTS SERVICE CO AIR fILTER TRANSIT 0.74
MOTOR PARTS SERVICE CO PARTS fOR BRAKE JOB TRANS IT 109.51
MOTOR PARTS SERVICE CO PARTS FOR BRAKE JOB TRANS IT 4.78
MOTOR PARTS SERVICE CO CORE CRED IT TRANSIT 12.00-
NINE EAGLES GOLF CO. SHIRTS-GEIKEN TRANSIT 122.25
DATE 06/18/99 TIME 09:42
CITY OF HASTINGS
APPROVAL OF BILLS
PERIOD ENDING: 06/21/99
CHECK# VENDOR NAME
DESCRIPTION
-------. ..-.--------------------- ------------------------ -------. -----------
SCHUTT, MARK
CORK BOARDS FOR BUSES
*** TOTAL FOR DEPT 72
A T & T
A T & T
MAY LONG DISTANCE
MAY LONG DISTANCE
*** TOTAL FOR DEPT 73
A T & T
A T & T
NORTHERN STATES POWER
NORTHERN STATES POWER
*** TOTAL
MAY LONG DISTANCE
MAY LONG DISTANCE
MAY ELECTRIC
MAY ELECTRIC
FOR DEPT 74
CRYSTEEL TRUCK EQUIPMENT TRUCK BODY/SNOW PLOW
CRYSTEEL TRUCK EQUIPMENT TRUCK BODY/SNOW PLOW
SUPERIOR FORD INC. PO CRWN VICTORIA
SUPERIOR FORD INC. PO CRWN VICTORIA
*** TOTAL FOR OEPT 81
10S CAPITAL
10S CAPITAL
CAROLE ZELLIE
COPIER MAINT 6/26-7/25
COPIER MAINT 6/26-7/25
CLG GRANT PMT #6
*** TOTAL FOR DEPT 85
LEAGUE/MN CITIES INS TRST 3RD QTR LIAB PREMIUM
*** TOTAL FOR DEPT 90
KNUTSON,RICHARD INC 97 UTIL PROG PAY #12
KNUTSON,RICHARD INC 98 UTIL PROG PAY #8
KNUTSON,RICHARD INC 99 UTIL PROG PAY #1
SANDERS, WACKER, WEHRMAN CONSULT-CEMETARY FENCE
*** TOTAL FOR DEPT 99
*** TOTAL FOR BANK 45
*** GRAND TOTAL ***
COUNCIL REPORT PAGE
8
DEPT.
AMOUNT
TRANSIT 10.65
1,532.44
HYDRO
HYDRO
2.57
0.17
2.74
ARENA 8.41
ARENA 0.55
ARENA 1,182.19
ARENA 76.84
1,267.99
MISCELLA 10,441.80
MISCELLA 516.22
MISCELLA 20,000.00
MISCELLA 20,000.00
50,958.02
HERITAGE 175.75
HERITAGE 12.03
HERITAGE 1,500.00
1,687.78
UNALLOCA 39,132.25
39,132.25
CONSTRUC 28,703.63
CONSTRUC 242,978.99
CONSTRUC 252,658.70
CONSTRUC 345.32
524,686.64
865,772.49
865,772.49
June 21, 1999
APPROVED:
City Administrator
Finance Director
Councilmember Simacek
Councilmember Riveness
Councilmember Johnson
Councilmember Moratzka
Councilmember Hicks
Councilmember Yandrasits
Mayor Werner
V/.l
Memorandum
Date:
June 18, 1999
To:
Honorable Mayor and City Councilmembers
From:
Dave Osberg, City Administrator
Subject:
Authorizing Blocking of Road for Neighborhood Party
RECOMMENDED CITY COUNCIL ACTION
It is recommended that the City Council take action authorizing residents of Wyndham
Place to block off Wyndham Hill Drive during the late afternoon hours on Saturday, August
28, 1999. A copy of the letter requesting permission to block off the road is attached for
City Council review.
Attachment
cc: Tom Mo gomery, Public Works Director
Nick Wasylik, Police Chief
Don Latch, Fire Chief
cI
vo...lt1 Uc.. .1...J..J..J .!.O'~U
11,,)l1......
b:>l "Il::ltl tl~.f'.::I t-'. I<n
;;~~~~~~~;;Jo7" '.,,;;;,~
""""",,~ ""'"
:~:::~~::.-::-;~;." '~~:$~:
'"",."" '~",. ."",,~
',,,,,..,,"" 'i". ."",
',,,,,,,,,,,, "~ "~'"
'..,,,,,,,,1 "", .",
'"",,,..... . ~"
..,,, -"".., ."..
",.. ..", 'I
" -"'-::'" .~
i~~~:;., '~~~~;;~:
""",.~ ..,,,,,,,,
.."""".."".. '",,,,,..
,~~-.:-.:-.:-.:-:-.:-.:~-:..~- .::~~~~~
Annette & Rodney Walker
1641 Wyndham Place
Hastings MN 55033
lullC 2, 1999
Mayor Werner and the Hastings City Council
City Hall VIA FAX
Hastings, MN 55033
RE: Neighborhood Block Pllrty Permission
The Residl!ltce ofWyodham Place would like to request permissiO.D for road block dosing ofFWyndham
Hill Drive the late afternoon hours O.D SIltlmIay, August 28., 1999.
We wiQ tVIlow the same procedure lII\d notifY the Hastings Fire,. Police and the Publics Worlul
departments to notilY them of our plans once we have received IllProval. We will 81so ammge for the road block
drop off and pick up.
This event was a great opportUnity tV~ our neighborhood last year a.nd bopefuIly in the years to coltle.
Th4nk you in advance foe your consideration.
Sincerely,
Annette Walker
FAX 651-480-82111
PHONE 651-48B.3295
TOTAL P.01
.
,r
4cHANGE
ORD~R
AlA DOCUMENT G701
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
i'
o
o
o
o
VI-3
1fi-;//f
RECEIVED
PROJECT: Hastings Civic Arena
(name, address) 2801 Red Wing Bl vd.
Hastings, MN 55033
TO CONTRACTOR: Fabcon, Inc.
(name, address) 6111 W. Highway 13
Savage, MN 55378
MAY 1 1 1999
FABCON INC.
CHANGE ORDER NUMBER: Two (2)
DATE: 02.12.99
ARCHITECT'S PROJECT NO:
CONTRACT DATE:
CONTRACT FOR:
9607
7/22/97
B.P. #4 Precast Concrete
The Contract is changed as follows:
Build & Remove Temporary Access Road
Total Deduct
-$500.00
$500.00
Not valid until signed by the Owner, Architect and Contractor.
Tl1(:original(ContractSum)(~)was........................$ 185,788.00
Net change by previously authorized Change Orders ...............................$ 782.00
The(ContractSum)(~)priortothisChangeOrderwas..........$ 186,570.00
The (Contract Sum)~) will ~ (decreased)
~bythisChangeOrderintheamountof................... ........$ 500.00
The new (Contract Sum) (~) including this Change Order will be .. $ 186,070.00
The Contract Time will be (~unchanged) by
The date of Substantial Completion as of the date of this Change Order therefore is Unchanged
) days.
NOTE:
ThL<; summary does not reflect changes in the Contract Sum, Contract Time Of Guardntced Maximum Price which have heen aLHhorized hv
Construction Change Directive. .
Birkeland Architects, Inc.
ARCHITECT
III E. 3rd St.
Address
Fabcon, Inc.
CONTRACTOR
6111 W. Highway 13
Addre~'
City of Hastings
OWNER
101 E. 4th St.
,:"~L ,y~~~
DATE 0/30/9 q DATE!:::>-;t{- 9/7
Address
Hastings. MN 55033
BY 1\ ~ -{ .::.....--
DATE 4//'7/97
[:IlJ
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT G701 . CHANGE ORDER . 1987 EDITION . AIAill . @1987 . THE
AMERICAN INSTITUTE OF ARCHITECTS, 17:\5 NEW YORK AVE., N.W., WASHINGTON, D.C 20006
G701-1987
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
.
('~ -..."
....FROM : DCN ZAPPA & Setl EXCAVATIOO INC PI-DE 1-0.
fl
612 7a5 2323
Nov. 06 1997 11:53AM P2
". ,
REQUEST FOR CHANGE ORDER
.....................................
Date: November6,1997
Job Number: 9607
DON ZAPPA & SON EXCAVATING INC.
~
1101 Radlsson Road H.E.
Blaine, MN
55448
Phone # 786-2300
Fax # 786-2323
CONTRACTOR
Job AddlWS$
Work Perfonned
C:jrallS Contracting Ino
Hastings Civic Arena - Hastings, MN
Temporary Access Road
SERVICE
ServIce klW: ": "!.:.." ">;:: '$500:(1)"
Total change order pdoe.- :E!~Hmmmm:j1~i:Hm;i1;lg~~o;
SUpMntenderlt
'.
V/.4
Memorandum
Date:
June 18, 1999
To:
Honorable Mayor and City Councilmembers
From:
Dave Osberg, City Administrator
Subject:
Access Agreement for Koch Refining
RECOMMENDED CITY COUNCIL ACTION
It is recommended that City Council take action approving authorization of the attached Access
Agreement that grants permission to the City for using the Koch Refining facilities for parking
purposes for Rivertown Days and the MS Bike Tram that will be conducted on July 16-18, 1999 and
July 25-30, 1999 respectively.
BACKGROUND
Throughout the last several years the City Staff has been writing a letter agreeing to waive
responsibility or liability for Koch Refining, when the City uses its property near the Mississippi
River for parking purposes. On July 16-18, 1999 Rivertown Days will be conducted, and on July
25-30, 1999 the MS Tram will be using the Koch property for parking purposes. During the last
several weeks I discussed this situation with a representative from Koch Refining and we agreed that
something a bit more formal than a simple letter might be appropriate, and they have prepared the
attached document. Both City Attorney Shawn Moynihan and the City's Insurance Representative,
Dave Dotson have reviewed this document and approved its form. The City Council is asked to take
action authori . g my signature being placed on this Access Agreement.
ACCESS AGREEMENT
This ACCESS AGREEMENT ("Agreement") is made this 11 th day of June, 1999 by
and between:
(i.) The City of Hastings, ("City"), having a place of business at 101 4th St., East,
Hastings, Minnesota 55033-1955; and
(ii.) Koch Petroleum Group, L.P. ("Koch"), having a place of business at Jet. Hwy 52 &
55, Rosemount, Minnesota 55077.
City desires to temporarily use certain areas of Koch's property located near Lake
Rebecca Park as a parking lot, as further described below. The specific areas of such
property designated by Koch shall be referred to hereinafter as the "Facilities."
Koch and Entering Party agree as follows:
1. Koch hereby grants permission to the City to use the Facilities for parking vehicles
on July 16-18, 1999, and on July 25-30, 1999, as further described on Exhibit A,
which Exhibit is attached hereto and made a part of this Agreement for all purposes.
The City agrees that Koch shall designate the specific areas of the property that City
may use. Koch makes no representation as to conditions at the site. During and
following the completion of the parking use, the City shall take reasonable steps to
pick up any litter arising from the parking use, and shall promptly and reasonably
repair any damage to property caused by such use.
2. During the period of use by the City of the Facilities, the City agrees to maintain (or
self-insure) the following insurance:
Commercial General Liability Insurance with a minimum limit of $750,000 per
occurrence and in the aggregate for bodily injury and property damages, and shall
name Company as an additional insured on such policy using Endorsement CG 20
26 11 85, with such insurance being primary to and not in excess of any other
insurance available to Koch. Upon the request to Koch, the City will provide Koch
with a certificate of insurance evidencing such insurance coverages.
So agreed, executed on the dates indicated below, but effective as of the date first
above written:
The City of Hastings, Minnesota
Koch Petroleum Group. L.P.
By:
Printed Name:
Title:
Date:
By:
Printed Name:
Title:
Date:
LlAno;
T~~: V!:~4 ~M ~U: UAV~ V~D.~~ e T \D~~J ~~/-/VO~
t:'I\\:JCo. UV,l.-VV.L
Attn:
ONL 'Y AND eON~RS NO RCH'T~ U~N '\'\o\~ ~mI!!\e~'\'~
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
I.EAcUi:OFMINNEsofAeIfti:s
Ex!:
.iNsuREii......................................-.........................................................-.........................-....
CITY OF HASTINGS
101 EAST FOURTH STREET
HASTINGS, MN 55033
lHlS IS TO CERTIFY lHAT lHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU ED TO lHE INSURED NAMED ABOVE FOR lHE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL lHE TERMS,
EXCLUSIONS AND CONDrTlONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
............................
co
LlR
TYPE OF INSURANCE
POlICY NUMBER
j POLICY EFFECTIVE POLICY EXPIRATION
I DATE (MM,oDIYY) DATE (MM,oDIYY)
~
I
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l l 1
i 01/01/1999 i 01/01/2000
i i LE^.(;I-I()(X)Jf1RE~9'
~ 1 ~ fiRE DAMAGE (Any CX1e fire)
I rMED EXP f/vly me Pel"9:fI)
UMITS
~El3046
!
l AUTO ONLY - EA ACC1DENT I $
r-.-........-........................--
; OTHER THAN AUTO ONLY:
1....
i EAQ-I AOODENTl $
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~ AGGREGATE l $
I , EAOl OWJRRENCE
I 01/01/19991 01/01/2000 i AOOAEGATE
I .
.........J5.(),gog
..........5g,()<:1<:1
1,000
I GENERAL UABIUTY j
}........~ l
i X I COIo1MEROALGENERAL lIABIUTY !
~"'X'''l QAlMS MADE ;m......! OCOJR 1
A ,........\ "".....J ICMC18322
~. ....1 OWNER'S & CONTRACTOR'S PROT !
l j l
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~ ........! NON..QWNED AUTOS
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A ~ X..~ UMBRElLA FORM
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~ EMPLOYERS' UABlUTY
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~ THE PROPRIETOR!
! PARTNERS/EXEaJT1VE
~ OFACERS ARE:
I~ER
[~] INQ !
~ ! EXQl
DESCRIPTION OF OPERA11ONSIlOCATlONSNEHIa..ESlSPEOAl ITEMS
rHE FOllOWING NAMED CERTIFICATE HOLDER IS HEREBY NAMED AS ADDITIONAL INSURED PER ENDORSEMENT
:G2026(1l-85) AS THEIR INTERESTS MAY APPEAR.
KOCH PETROLEUM GROUP, l.P.
SHOULD ANY OF THE ABOVE DESCRIBED POUaES BE CANCELLED BEFORE THE
EXPIRATION DATE THEFECF, THE ISSUING COMPANYWlLl. ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTlCE TO THE CERTIACATE HOLDER NAMED TO THE LEFT,
BUTFAfWRE TO MArl SUCH NOTICE SHALL IMPOSE NOceUGAllON OR UABIUTY
OF Af'N KIND UPON THE cr.:AlPAtfY, rrSAGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
VI.5
MEMORANDUM
TO: Mayor Werner and City Council
FROM: Matt Weiland, City Planner
DATE: 6/10/99
SUBJECT: Order Public Hearing - Request to vacate drainage and utility easements
(Lots1-4, Block 1, Sunny Acres 4)
Oppidan Investment Co. has submitted an application and a petition to the City Of Hastings
requesting the vacation of drainage and utility easements and the following legally described
parcels:
Parcel A - Lot 8, Block 1 County Crossroads Center Addition
Parcel B - Outlot B + C County Crossroads Center Addition and Lot 4, Block
I,County Crossroads Center 3rd Addition
Parcel C - Lot 5, Block 1 County Crossroads Center 3rd Addition
(Site Location Map enclosed + Survey Enclosed)
The request to vacate the drainage and utility easements is being made in order to replat this
property as Rivertown Commons. Existing easements must be vacated before property can be
replatted. If the City Council vacates these drainage and utility easements, the applicant should
be responsible for all recording fees required by Dakota County.
Recommended Action:
Motion to set public Hearing for 7/6/99
cc: Oppidan Investment Co.
.
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VI-6
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Resolution - Prohibit Truck Traffic on Bailey St. between 5th & lOth Streets
June 18, 1999
At the June 7, 1999 Council meeting, action on a resolution to prohibit parking on the
west side of Bailey St. generated comments from affected residents that truck traffic should be
banned on Bailey Street. Council directed staff to bring this issue back to the Council for
consideration at the June 21, 1999 meeting.
The enclosed resolution would prohibit truck traffic on Bailey St. between 5th and 101h
Streets. 5th St. was chosen as the north terminus ofthe truck prohibition area because UBC
operations extend to the south side of 4th and trucks must travel at least as far as the alley south of
4th Street.
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolution No.
RESOLUTION PROHIBITING TRUCK TRAFFIC ON BAILEY ST. BETWEEN
5TH & 10TH STREETS
WHEREAS, the Hastings City Council has approved a plan to utilize and stripe Bailey St. as
part of the Veterans Bikeway and the combination ofbicyc1e and truck traffic raises safety
concerns, and
WHEREAS, Bailey St. between 5th Street and 10th Street is a residential neighborhood that is not
compatible with heavy truck usage, and
WHEREAS, alternate routes for truck traffic are available nearby on Ramsey and Tyler Streets
which are both Municipal State Aid routes and designed to Minnesota Department of
Transportation standards.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that
Truck traffic is hereby prohibited on Bailey Street between 5th St. and 10th St., and the
Hastings Street Department is hereby directed to post "NO TRUCKS" signs at the
intersections of Bailey St. with 5th and 10th Streets.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 21st DAY OF
JUNE, 1999.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko. City Clerk
(Seal)
V/-7
MEMO
To:
From:
Subject:
Honorable Mayor and City Council Members
Tom Montgomery
Proposed No Parking Zone on the west side of Maple Street
Aquatic Center Operations
June 18, 1999
Date:
At the June 7, 1999 Council meeting, Council adopted parking restrictions on the east
side of Maple Street in front of the Aquatic Center but tabled action on similar parking
restrictions for the west side of Maple Street until after the three property owners on the west side
had been notified of the proposed restrictions. Notice to these property owners was mailed out
June 14th, and Marty McNamara contacted Mary Jo Anderson of901 Maple Street. Ms.
Anderson expressed her support for the proposed parking restrictions.
Enclosed for Council consideration is a resolution that would prohibit parking on the west
side of Maple St. between 9th and 10th Streets, June 1 to September 1, from 9:00 AM to 9:00 PM.
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolution No.
RESOLUTION PROHIBITING PARKING
\
ON THE WEST SIDE OF MAPLE STREET
FROM 9TH TO 10TH STREET,
JUNE 1 TO SEPTEMBER 1,
FROM 9:00 AM TO 9:00 PM:
WHEREAS, on street parking on the west side of Maple Street from 9th St. to 10th St. will
interfere with Aquatic Center operations and the dropping off of patrons at the Aquatic Center
front entrance; and
WHEREAS, prohibiting parkmg on the west side of Maple Street from 9th St. to 10th St. during
Aquatic Center operating hours should improve traffic and pedestrian safety in this area,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that City staff is hereby directed to place signage that prohibits
parking on the west side ofMapJe Street between 9th St. ~o 10th St. from June 1 to September 1,
betwel~n the hours of9:00 AM and 9:00 PM.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 21" DAY
OF JUNE, 1999.
Ayes:
Nays:
ATTEST:
Michael D. Wemer, Mayor
Melanie Mesko, City Clerk
SEAL
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VI-11
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Authorize Advertisement for Bids, 1999 Sea1coat Program
June 18, 1999
Council is requested to authorize advertisement for bids for the 1999 Sealcoat Progranl.
The areas proposed for sealcoating are the 2nd Ward streets north of Highway 55 between
Highway 61 and Prairie Street, and Ramsey, Tyler, and the south part of Sibley Street. Enclosed
is a drawing showing the proposed sealcoat area.
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VI-12
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Authorize Advertisement for Bids, Hydropower Trash Rack Cleaner
June 18, 1999
Council is requested to authorize advertisement for bids for the purchase and installation
of a trash rack cleaner at the Hydropower Plant. This expenditure was included in the 1999
Hydropower Fund budget. Council may recall that the HDR Engineering review ofthe
hydropower operations noted that a trash rack cleaner could result in an additional $40,000 in
annual revenues by reducing the power lost by debris choking off flow to the hydropower units.
The proposed trash rack cleaner design would also incorporate the ability to lift and install the
plant's concrete stop logs, which will permit the plant to be dewatered without having to contract
for a barge and crane to place stop logs.
VI-13
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Authorization to Advertise - Street Department Light Equipment Operator Position
June 18, 1999
The 1999 Street Department budget included the hiring of an addition Light Equipment
Operator. Staff is requesting authorization to advertise for this position in the local paper. Staff
is planning to incorporate testing as part ofthe selection process.
VI-14
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION ESTABLISHING A DRUG-FREE WORKPLACE
POLICY FOR CITY OF HASTINGS EMPLOYEES
WHEREAS, the City of Hastings recognizes that alcoholism and other drug dependencies are
significant social problems with a potential for causing severe effects to the transit system's work
force, The City of Hastings recognizes that such drug dependency may be an illness. Consistent with
this understanding, the City of Hastings has an obligation to insure that its employees perform their
jobs safely, efficiently and in a professional manner.
WHEREAS, the purpose of this document is set forth the City of Hastings' Policy regarding
alcohol and other drug use in the workplace and to comply with the Drug Free Workplace Act in
accordance with the terms of 49 CFR Part 653, and alcohol misuse prevention program in accordance
with the terms of 49 CFR Part 654. I further certify that the employee training conducted under this
part meets the requirements of 49 CFR Part 653.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that
the City of Hastings hereby approves the Drug-Free Workplace Policy as it complies with the
federal Drug Free Workplace Act.
Michael Werner,
Mayor
Melanie Mesko,
Administrative Assistant/City Clerk
Page 17 of 18
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented
to and adopted by the City Council of the City of Hastings at a duly authorized meeting thereof
held on the 21 st day of June, 1999 as shown by the minutes of said meeting in my possession.
Melanie Mesko
Administrative Assistant/City Clerk
(SEAL)
Page 18 of 18
DATE
[FOR EMPLOYERS COVERED BY FTA REGULATIONS]
CITY OF HASTINGS POLICY IMPLEMENTING
THE FEDERAL TRANSIT ADMINISTRATION REGULATIONS
ON DRUG USE AND ALCOHOL MISUSE
1.0 OVERVIEW
This policy is designed to enhance productivity and safety and foster excellence by maintaining a safe
and productive environment for employees. The City of Hastings maintains a strong commitment to
a drug-free and alcohol-free work environment and has adopted this policy to provide guidance to
supervisors and employees in dealing with drug and alcohol misuse. This policy is applicable only
to employees subject to Federal Transit Administration ("FT A") regulations on drug use and alcohol
rmsuse.
To further our commitment to providing a safe, drug-free and alcohol-free environment, the City of
Hastings has adopted the following policies:
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A program that assures that employees are not impaired in their ability to perform
assigned duties in a safe, productive, and healthy manner;
A workplace environment free from the adverse effects of drug abuse and alcohol
rmsuse;
A program that prohibits the unlawful manufacture, distribution, dispensing,
possession, or use of controlled substances;
An employee and supervisor education and training program;
A drug and alcohol testing program for employees and applicants for employment
in safety-sensitive positions;
A program for evaluating employees who violate the drug use and alcohol misuse
policy; and
Administrative procedures for record keeping, reporting, releasing information
and certifYing compliance.
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All covered employees will be given a copy of this policy.
2.0 PURPOSE
The purpose of this policy is to assure worker fitness for duty and to protect our employees,
passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited
All provisions set forth in bold face print are included consistent with requirements specifically set forth in 49 CFR Part
653, Part 654, or part 40, as amended. Provisions set forth in the Drug-Free Workplace Act (49 CFR Part 29) are
delineated in italics. All other provisions are set forth under the authority of the transit system.
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drugs. This policy is also intended to comply with all applicable Federal regulations governing
workplace anti-drug and alcohol misuse in the transit industry. The Federal Transit Administration
(FT A) of the U. S. Department of Transportation has published 49 CFR Part 653 and Part 654, as
amended, that mandate urine drug testing and breath alcohol testing for safety-sensitive positions and
prohibit performance of safety-sensitive functions when there is a positive test result. The U.S.
Department of Transportation has also published 49 CFR Part 40, as amended, that sets standards
for the collection and testing of urine and breath specimens. In addition, the Federal government
published 49 CPR Part 29, "The Drug-Free Workplace of 1988," which requires the establishment
of drug-free workplace policies and the reporting of certain drug-related offenses to the FT A. This
policy incorporates those requirements for safety-sensitive employees and others when so noted.
3.0 EMPLOYEE CATEGORTRS SUBJECT TO TESTING
Under FTA regulations, all employees who perform safety-sensitive functions, applicants for and
incumbent employees seeking transfer to safety-sensitive positions will be included in this drug and
alcohol testing program. Participation in this drug and alcohol testing program is a condition of
employment for each safety-sensitive employee.
This policy applies to an safety-sensitive transit system employees and non-safety-sensitive transit
system employees, paid part-time employees, contract employees, and contractors when they are
on transit property or when performing any transit-related safety-sensitive or non-safety-sensitive
business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to
return to work. Visitors, vendors, and contractor employees are governed by this policy while on
transit premises and will not be permitted to conduct transit business if found to be in violation of this
policy.
The FTA defines the term "safety sensitive" to apply to an employees in a position who perform
the following functions: 1) operate revenue service vehicles, whether or not the vehicle is in
revenue service; 2) operate non-revenue service vehicles that require drivers to hold a
Commercial Drivers License ("CDL"); 3) control dispatch or movement of service vehicles;
and 4) maintain revenue service vehicles or equipment used in revenue service. The following
positions have been determined to meet the FTA definition:
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All vehicle operators;
All maintenance personnel; and
All dispatchers.
*
*
List of safety-sensitive employees and positions is attached. Other positions may be included in
the list of safety-sensitive functions if the duties include the performance of any safety-sensitive
functions. This list is subject to amendment at any time. Supervisors who perform or who are likely
to perform safety-sensitive functions also are considered safety-sensitive employees and will be
included in the drug and alcohol testing program applicable to all safety-sensitive employees.
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4.0 PROHmITED CONDUCT
4.1 Manufacture, Trafficking, Possession, and Use
All transit system employees, contract employees and contractors when they are on transit property
are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or
use of prohibited substances on transit system premises, in transit vehicles, in uniform or while on
transit business, pursuant to the Drug-Free Workplace Act. Transit employees who violate this
provision will be discharged. Law enforcement shall be notified, as appropriate, where criminal activity
is suspected. Visitors, vendors, and contract employees are governed by this policy while on transit
premises and will not be permitted to conduct transit business if found to be in violation of this policy.
This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to
work.
4.2 IntoxicationlUnder the Influence
Any safety-sensitive employee who is reasonably suspected of being intoxicated, impaired, under the
influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an
investigation and verification of condition. Employees found to be under the influence of a prohibited
substance or who fail to pass a drug or alcohol test shall be removed from duty and be subject to
disciplinary action, up to and including termination. A drug or alcohol test is considered positive
if the individual is found to have a quantifiable presence of a prohibited substance in the body
above the minimum thresholds defined in 49 CFR Part 40, as amended.
4.3 Alcohol
No safety-sensitive employee shall report for duty or remain on duty when his/her ability to perform
assigned safety-sensitive functions is adversely affected by alcohol or when his/her breath alcohol
concentration is 0.04 or greater. No safety-sensitive employee shall use alcohol while on duty, in
uniform, while performing safety-sensitive functions, or just before or just after performing a safety-
sensitive function. Safety-sensitive employees shall not use alcohol within four hours of reporting for
duty, or during the hours that they are on call. Safety-sensitive employees shall not consume alcohol
for up to eight hours following an accident, or until employee undergoes a post-accident test,
whichever occurs first. Violation of these provisions is prohibited and punishable by disciplinary action
up to and including termination.
As referred to in this policy, alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol
or other low molecular weight alcohols including methyl or isopropyl alcohol. FT A regulations
currently prohibit a covered employee from reporting for duty or remaining on duty requiring the
performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
An employee found to have an alcohol concentration greater than 0.02 but less than 0.04 may not
perform any safety-sensitive function until the employee's alcohol concentration measures less than
Page 3 of 18
0.02 or until the start of the employee's next regularly scheduled duty period to begin a minimum of
eight hours following administration of the test. An alcohol concentration of 0.04 or greater will be
considered a positive alcohol test and in violation of this policy and a violation of the requirements set
forth in 49 CFR Part 654 for safety-sensitive employees.
4.4 Compliance with Testing Requirements
All safety-sensitive employees will be subject to urine drug testing and breath alcohol testing
as a condition of employment. Any safety-sensitive employee who refuses to comply with a
request for testing shaD be removed from duty and their employment terminated. Any safety-
sensitive employee who is suspected of providing false information in connection with a test, or
who has been suspected of falsifying test results through tampering, contamination,
adulteration, or substitution will be required to undergo an obselVed coDection. Verification
of these actions will result in the employee's removal from duty and their employment
terminated. Refusal can include an inability to provide a sufficient urine specimen or breath
sample without a valid medical explanation, as weD as a verbal declaration, obstructive
behavior, or physical absence resulting in the inability to conduct the test.
4.5 Treatment Requirements
All employees are encouraged to make use ofthe available resources for treatment for alcohol misuse
and illegal drug use problems following the guidelines set forth in the transit system's personnel
policies. The cost of any treatment or rehabilitation services will be paid for directly by the employee
or their insurance provider. Safety-sensitive employees that test positive will be evaluated by the
Substance Abuse Professional (SAP) to determine if he/she requires treatment in resolving problems
associated with alcohol misuse or drug use.
4.6 D1egally Used and Controlled Substances or Drugs
The use of any illegal drug or any substance identified in Schedules I through V of Section 202 of
the Controlled Substance Act (21 U.s.e. 812), asjurther defined by 21 CFR 1300.11 through
1300.15 is prohibited at all times unless a legal prescription has been written for the substance. This
includes, but is not limited to: Marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine,
as well as any drug not approved for medical use by the U. S. Drug Enforcement Administration or the
U.S. Food and Drug Administration. illegal use includes use of any illegal drug, misuse of legally
prescribed drugs, and use of illegally obtained prescription drugs. Safety sensitive employees will be
tested for marijuana, cocaine, amphetamines, opiates, and phencyclidine as described in Section
6.0 of this policy.
4. 7 Notifying the Transit System of Criminal Drug Conviction
Pursuant to the requirements of the Drug-Free Workplace Act, employees are required to notify the
transit system of any criminal drug statute conviction for a violation occurring in the workplace
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withinfive dtrys qfter such conviction. Failure to comply with this provision shall result in disciplinary
action, up to and including termination.
4.8 Proper Application of the Policy
The City of Hastings is dedicated to assuring fair and equitable application of this substance abuse
policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an
unbiased and impartial manner.
4.9 Test Sites
The City of Hastings will select an appropriate site for the administration of drug and alcohol tests
which meets the requirements specified by the U.S. Department of Transportation Federal Transit
Administration.
The site selected for urine specimens will provide: a privacy enclosure for urination; a toilet; a suitable,
clean writing surface; and a water source for hand washing, which, if practicable, will be located
outside the privacy enclosure. The contractor who conducts the testing will ensure that access to the
testing site is restricted during testing, that unauthorized persons are not present and that there are no
unobserved entrance points to the testing site. Furthermore, the transit system shall ensure that the
collection site personnel provided by the contractor ensure the dignity and privacy of the donor and
that all collection site personnel are trained to prepare the collection site, collect specimens, examine
specimens and properly label and preserve the chain of custody of the specimens. These steps will be
taken to protect the employee and the integrity of the drug testing process, safeguard the validity of
the test results and ensure that the test results are attributed to the correct employee.
Alcohol tests will be conducted with the use of a non-evidential screening devise and/or evidential
breath testing device ("EBT") approved for use by the National Highway Traffic Safety
Administration. A Screening Test Technician ("STY') will administer non-evidential screening tests.
Only a Breath Alcohol Technician ("BAT") will administer an EBT test. Law enforcement officials
certified by the state or local governments to conduct breath alcohol testing are qualified BAT's. For
a test conducted by such an officer to be accepted under FT A alcohol testing regulations, the officer
must have been certified by a sate or local government to use the particular EBT used for the test.
Alcohol tests will be administered in a location that affords visual and aural privacy to the employee
being tested which is sufficient to prevent unauthorized persons from seeing or hearing the test results.
If the screening test reveals a breath alcohol concentration of 0.02 or less, the test is negative and will
be reported as such. If the screening test reveals a breath alcohol concentration of 0.02 or greater, a
confirmation test will be performed. Confirmation tests will be performed using an EBT and conducted
within 30 minutes of the completion of the screening test. If the employee must be transported from
the screening test site to the confirmation test site, the employee will remain under direct observation
ofa BAT, STT or other employer representative. These steps will be taken to protect the employee
and the integrity of the testing process, safeguard the validity of the test results and ensure that the test
results are attributed to the proper employee.
Page 5 of 18
Testing records will be released only to those authorized to receive such information.
5.0 ALCOHOL AND DRUG USE
No safety-sensitive employee should report for duty or remain on duty when his/her ability to
perform assigned safety-sensitive function is adversely affected by alcohol or when his/her
breath alcohol concentration is 0.04 or greater. No safety-sensitive employee shall use alcohol
while performing safety-sensitive functions, or just before or just after performing a safety-
sensitive function. No safety-sensitive employee shall use alcohol within four hours of reporting
for duty, or during the hours that they are on call.
All safety-sensitive employees are prohibited from reporting for duty or remaining on duty any
time there is a quantifiable presence of a prohibited substance in the body above the minimum
thresholds defined in 49 CFR Part 40, as amended.
6.0 DRUG AND ALCOHOL TESTING PROGRAM AND PROCEDURES
Analytical urine drug testing and breath testing for alcohol may be conducted when circumstances
warrant or as required by Federal regulations. All safety-sensitive employees shall be subject to
drug testing prior to employment, for reasonable suspicion, and following an accident as
defined in Section 5.2, 5.3, and 5.4 of this policy. In addition, all safety-sensitive or non-safety-
sensitive employees will be tested prior to returning to duty after failing a drug or alcohol test
and after completion of the Substance Abuse Professional's recommended treatment program
and subsequent release to duty. Follow-up testing will also be conducted following return to
duty for a period of one to five years, with at least six tests performed during the first year.
Those employees who perform safety-sensitive functions as defined in Section 3.0 of this policy
shall also be subject to testing on a random, unannounced basis.
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and
using techniques, equipment, and laboratory facilities which have been approved by the U.S.
Department of Health and Human Service (DHHS). All testing will be conducted consistent
with the procedures put forth in 49 CFR Part 40, as amended. The procedures will be
performed in a private, confidential manner and every effort will be made to protect the
employee, the integrity of the drug testing procedure, and the validity of the test result.
The drugs that will be tested for include marijuana, cocaine, opiates, amphetamines, and
phencyclidine. Urine specimens will be collected using the split specimen collection method
described in 49 CFR Part 40. Each specimen will be accompanied by a DOT Chain of Custody
and Control Form and identified using a unique identification number that attributes the
specimen to the correct individual. An initial drug screen will be conducted on the primary
urine specimen. For those specimens that are not negative, a confirmatory Gas
Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be
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considered positive if the amounts present are above the minimum thresholds established 49
CFR Part 40, as amended. The test results from the laboratory will be reported to a Medical
Review Officer. The Medical Review Officer (MRO) is a licensed physician with detailed
knowledge of substance abuse disorders and drug testing. The MRO will review the test results
to ensure the scientific validity of the test and to determine whether there is a legitimate medical
explanation for a confirmed test result. The MRO wiD contact the employee, notify the
employee of the positive test result, and provide the employee with an opportunity to explain
the confirmed test result. The MRO will subsequently review the employee's medical
history/medical records to determine whether there is a legitimate medical explanation for a
positive laboratory result. If no legitimate medical explanation is found, the MRO will report
the test as positive.
The split specimen will be stored at the initial laboratory until the analysis of the primary
specimen is completed. If the primary specimen is negative, the split will be discarded. If the
primary is positive, the split will be retained for testing if so requested by the employee through
the Medical Review Officer.
Test for breath alcohol concentration will be conducted utilizing a National Highway Traffic
Safety Administration (NHSTA)-approved testing device operated by a trained technician. If
the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be
performed to confirm the results of the initial test. The confirmatory test will be performed
using NHSTA-approved evidential breath testing device (EBT) operated by a trained breath
alcohol testing technician (BAT). The BAT will identify each test by a unique sequential
identification number. This number, time, and unit identifier will be provided on each EBT
printout. The EBT printout along with an approved alcohol testing form will be used to
document the test, the subsequent results, and attribute the test to the correct employee. The
test result will be performed in a private, confidential manner as required by 49 CFR Part 40
as amended. The procedure will be followed as prescribed to protect the employee and to
maintain the integrity of the alcohol testing procedures and the validity of the test result.
A safety-sensitive or no-safety-sensitive employee who has confirmed alcohol concentration of
greater than 0.02 but less than 0.04 will be removed from his/her position for eight hours unless
a retest results in a concentration measure of less than 0.02. An alcohol concentration of 0.04
or greater will be considered a positive alcohol test and in violation of this policy and a violation
of the requirements set forth in 49 CFR Part 654 for safety-sensitive employees.
Any safety-sensitive or non-safety sensitive employee that has a confirmed positive drug or
alcohol test will be removed from hiss/her position, informed of educational and rehabilitation
programs available, and referred to a Substance Abuse Professional (SAP) for assessment.
Drug and alcohol test results will only be released directly to an authorized representative of the transit
system unless there is a written authorization by the employee. In addition, employees must give
Page 7 of 18
written authorization to release drug and alcohol test information to a SAP when there is a positive
test result and referral to a SAP has been mandated.
An individual outside the transit system's random pool (e.g., the personnel director), will be
responsible for performing the random selection and employee notification if the transit system's
program administrator is included in the random pool. This person is identified in Section 14.0 System
Contact.
The transit system affirms the need to protect individual dignity, privacy, and confidentially throughout
the testing process.
6.1 Employee Requested Testing
Any safety-sensitive employee who questions the results of a required drug test under
paragraphs 5.2 through 5.7 of this policy may request that the split sample be tested. This test
must be conducted at a different DHHS-certified laboratory. The test must be conducted on the
split sample that was provided by the employee at the same time as the original sample. All costs
associated with split sample testing initially will be provided by the employer, including shipping and
handling transportation, testing and reporting to the Medical Review Officer (MRO). If the results of
the retest Or split sample test is positive, reimbursement for these costs are the responsibility of the
employee. If the result of the retest or split sample test is negative, no reimbursement will be sought.
Additionally, if the result of the split sample is negative, the employee will be reinstated with no loss
of seniority and paid for lost back wages.
The method of collecting, storing, and testing the split sample will be consistent with the
procedures setforth in 49 CFR Part 40, as amended. The employee's request for a split sample
test must be made to the Medical Review Officer within 72 hours of the notice of the original
sample verified test result. Requests after 72 hours will only be accepted if the delay was due
to documentable facts that were beyond the control of the employee.
6.2 Pre-Employment Testing
All applicants for a safety-sensitive position shall undergo urine drug testing immediately
following the otTer of employment or transfer into a safety-sensitive position. Receipt by the
transit system of a negative drug test result is required prior to employment. Failure of a pre-
employment drug test will disqualifY an applicant for employment for a period of 120 days. Evidence
of the absence of drug dependency from a Substance Abuse Professional that meets with the approval
of the transit system and negative pre-employment drug tests will be required prior to further
consideration for employment. The cost for assessment and any subsequent treatment will be the soleeresponsibility of the individual.
In instances where a person is on temporary leave (i.e., vacation, sick, jury duty) no pre-employment
test is required before an individual can resume his/her safety-sensitive duties. However, in instances
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where the individual's status within the agency changes or is reclassified (i.e., seasonal layoff,
leave of absence, out or reassignment for worker's compensation), a pre-employment test is
required prior to reassignment to a safety-sensitive job function.
6.3 Reasonable Suspicion Testing
All safety-sensitive and employees may be subject to a fitness for duty evaluation, and urine
and/or breath testing when there are reasons to believe that drug or alcohol use is adversely
affecting job performance. A reasonable suspicion referral for testing will be made on the basis
of documented objective facts and circumstances which are consistent with the short-term
effects of substance abuse or alcohol misuse. Examples of reasonable suspicion include, but are not
limited to, the following:
1. Physical signs and symptoms consistent with substance use or alcohol misuse.
2. Evidence of the manufacture, distribution, dispensing, possession, or use of controlled
substances, drugs, alcohol, or other prohibited substances.
3. Occurrence of a serious or potentially serious accident that may have been caused by
prohibited substance abuse or alcohol misuse.
4. Fights (to mean physical contact), assaults, and flagrant disregard or violations of
established safety, security, or other operating procedures.
Reasonable suspicion referrals must be made by a supervisor who is trained to detect the signs
and symptoms of drug and alcohol use and who reasonably concludes that an employee may
be adversely affected or impaired in his/her work performance due to possible prohibited
substance abuse or alcohol misuse.
6.4 Post-Accident Testing
All safety-sensitive employees will be required to undergo urine and breath testing if they are
involved in an accident with a TRAC transit system vehicle (regardless of whether or not the
vehicle is in revenue service) that results in a fatality. This includes all surviving safety-sensitive
employees that are operating the vehicle and any other whose performance could have
contributed to the accident. In addition, a post-accident test will be conducted if an accident
results in injuries requiring immediate transportation to a medical treatment facility; or one
or more vehicles incur disabling damage; unless the employee can be completely disconnected
as a contributing factor to the accident.
Following an accident, the safety-sensitive employees will be tested as soon as possible, but not
to exceed eight hours for alcohol testing and 32 hours for drug testing. Any safety-sensitive
employee involved in an accident must refrain from alcohol use for eight hours following the
accident or until he/she undergoes a post-accident alcohol test. Any safety-sensitive employee
who leaves the scene of the accident without justifiable explanation prior to submi,. ion tr drug
and alcohol testing will be considered to have refused the test and their employment
Page 9 of 18
terminated. Employees tested under this provision will include not only the operations
personnel, but any other covered employee whose performance could have contributed to the
accident.
If there was no collision, but an individual is injured on a vehicle and requires immediate transport
to a medical treatment facility, a post-accident test is required ~ the driver can be completely
discounted as a contributing factor to the accident.
6.5 Random Testing
Random testing will be conducted for all employees performing safety-sensitive functions at
a random rate established by law. Effective January 1, 1998, the random testing rate for
prohibited drugs is 50 percent and the random testing rate for alcohol is 10 percent. Random
tests wiD be unannounced and spread throughout all hours of operation and throughout the
year. There will be no pattern to when random tests wiD be conducted and all employees
performing safety-sensitive functions will have an equal chance of being selected for testing
from the random pool each time random tests are conducted. Employees shall remain in the
pool even after being selected and tested. Therefore, an employee may be selected for a random
test more than once during a year.
Employees will be selected anonymously using an identification number having no correlation
to the actual employee names. The employee must report to the coUection site immediately
after receiving notification of his/her selection from the random pool. In the event a randomly
selected employee is absent from work on the day when his/her test is scheduled, the employee will
be tested immediately upon his/her return to work, as practicable, unless the employee fails to return
to work before the next randomly selected testing date.
A safety-sensitive employee will be subject to random testing for alcohol only while the
employee is performing safety-sensitive functions or just before or just after performing safety-
sensitive functions.
6.6 Return-To-Duty Testing
An employee who receives a verified positive drug test result, an alcohol test result of 0.04 or
greater, or who refuses to submit to any test, may not return to work until the employee is:
1. Evaluated by a SAP who determines that the employee has followed any
treatment program prescribed by the SAP.
2. Passes a return-to-duty test.
A return-to-duty test will be performed only after the SAP indicates that the employee has
completed or is following a prescribed treatment program. In the return-to-duty evaluation, the
SAP also will determine the frequency and duration of foUow-up testing after the employee
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returns to duty. The SAP may recommend that the employee be subject to a return-to-duty test
for both drugs and alcohol even ifthe employee only tested positive for one or the other. To pass
the return-to-duty test, the result must be a verified negative drug test result and/or an alcohol
test result of less than 0.02.
A Substance Abuse Professional (SAP) is a licensed physician or certified psychologist, social
worker, employee assistance professional, or addiction counselor certified by the National
Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the
International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse. The SAP
must also have clinical experience in the diagnosis and treatment of drug and alcohol related
diseases. Before scheduling the return to duty test, the SAP must assess the employee and
determine required treatment has been completed.
6.7 Follow-Up Testing
Employees permitted to return to duty are subject to unannounced follow-up testing. The SAP
will determine the frequency and duration of the foUow-up testing. A minimum of six follow-up
tests during the first 12 months after the employee returns to duty will be performed. The
testing period shall not exceed 60 months from the employee's return to duty. Follow-up testing
is separate from and in addition to the regular random testing program. Accordingly, employees
subject to follow-up testing will remain in the standard random pool and will be tested whenever their
names come up for random testing, even if this means being tested twice in the same day, week or
month.
The SAP may recommend that the employee be subject to follow-up testing for both drugs and alcohol
even if the employee only tested positive for one or the other. Therefore, an employee who is subject
to follow-up drug tests may be required to take one or more follow-up alcohol tests with a result of
less than 0.04. If the employee is subject to follow-up alcohol tests, the employee may be required to
take one or more follow-up drug tests with a verified negative result. Follow-up alcohol testing will
be conducted only just before, just after or during the period the employee is to perform a safety-
sensitive function.
7.0 EDUCATION AND TRAINING
The City of Hastings will display and distribute to employees performing a safety-sensitive function,
educational materials explaining the requirements of the FTA Drug and Alcohol Testing Regulations
and its policies and procedures. Employees and supervisors who perform a safety-sensitive function
also will be provided at least 60 minutes of training on the effects and indications of drug use.
Employees will be required to sign a form indicating that they have received a copy of the policies and
procedures. This form will be kept on file.
All safety sensitive employees will undergo a minimum of 60 minutes of training on the signs
and symptoms of drug use including the effects and consequences of drug use on personal
Page 11 of 18
health, safety, and the work environment. The training must also include manifestations and
behavioral cues that may indicate prohibited drug use.
Supervisors will also receive 60 minutes of reasonable training on the physical, behavioral, and
performance indicators of probable drng use and 60 minutes of additional reasonable suspicion
training on the physical, behavioral, speech, and performance indicators of probable alcohol
abuse.
Information on the signs, symptoms, health affects and consequences of alcohol misuse is
presented in Attachment 1 of this policy.
8.0 EMPLOYMENT ASSESSMENT
Any safety-sensitive employee who tests positive for the presence of illegal drugs or alcohol above the
minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by a
Substance Abuse Professional (SAP). A SAP is a licensed or certified physician, psychologist, social
worker, employee assistance professional, or addiction counselor with knowledge of and clinical
experience in the diagnosis and treatment of drug and alcohol-related disorders. The SAP will evaluate
each employee to determine what assistance if any, the employee needs in resolving problems
associated with prohibited drug use or alcohol misuse.
Assessment by a SAP or participation in the City of Hastings' transit system's Employee Assistance
Program does not shield an employee from disciplinary action or guarantee employment or
reinstatement with the transit system The City of Hastings' transit system disciplinary code should be
consulted to determine the penalty for performance-based infractions' and violation of policy
provisions.
If a safety-sensitive employee is allowed to retum-to-duty, he/she must properly follow the
rehabilitation program prescribed by the SAP, the employee must have negative retum-to-duty drug
and alcohol tests, and be subject to unannounced follow-up testing for a period of one to five years.
9.0 EMPLOYMENT ASSESSMENT
Any safety-sensitive employee who tests positive for the presence of illegal drugs or alcohol
above the minimal thresholds set forth in 49 CFR Part 40, as amended will be referred for
evaluation by a Substance Abuse Professional (SAP). A SAP is a licensed or certified physician,
psychologist, social worker, employee assistance professional, or addiction counselor with
knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol-related
disorders. The SAP wiD evaluate each employee to determine what assistance if any the
employee needs in resolving problems associated with prohibited drug use or alcohol misuse.
Assessment by a SAP or participation in the City of Hastings' Transit systems Employee Assistance
Program does not shield an employee from disciplinary action or guarantee employment or
Page 12 of 18
reinstatement with the transit system. The City of Hastings' Transit system disciplinary code should
be consulted to determine the penalty for performance-based infractions and violation of policy
proVlslons.
If a safety-sensitive employee is allowed to return to duty, he/she must properly follow the
rehabilitation program prescribed by the SAP, the employee must have negative return to duty
drng and alcohol test, and be subject to unannounced follow-up testing for a period of one to
five years.
10.0 RE-ENTRY CONTRACTS
Employees who re-enter the workforce must agree to a re-entry contract. That contract may include
(but not limited to):
1. A release to work statement from the Substance Abuse Professional.
2. A negative test for drugs and/or alcohol.
3. An agreement to unannounced frequent follow-up testing for a period of one to five
years.
4. A statement of work-related behaviors.
5. An agreement to follow specified after care requirements with the understanding that
violation of the re-entry contract is grounds for termination.
11.0 ROLE OF THE MEDICAL REVIEW OFFICER ("MRO")
All drug test results from the DHHS Certified Laboratory will be reviewed by a specially trained
physician serving as the MRO. The MRO will notify the transit system directly if an employee's drug
test result is negative. If the drug test result is positive, the MRO will contact the employee to discuss
the test, to determine if the positive result is valid and to notify the employee that he/she has 72 hours
to request a test of the split specimen. The transit system only will be informed that an individual has
tested positive or negative. The specific drug(s) involved may be disclosed to the transit system by the
MRO. The levels detected will not be disclosed by the MRO to the transit system.
The MRO will verify a test as positive without having communicated directly with the employee in the
following three circumstances: (1) the employee declines the opportunity to discuss the test result with
the MRO; (2) neither the MRO nor the employer contact person (Contact Person) is able to contact
the employee within 14 days of the date the MRO receives the confirmed positive test result; or (3)
more than five days have elapsed since the Contact Person successfully made and documented a
contact with the employee in which he/she instructed the employee to contact the MRO. If a test result
is verified positive under the last two circumstances specified above, the employee may present to the
MRO information documenting that serious illness, injury, or other circumstances unavoidably
prevented the employee from being contacted by the MRO or Contact Person, or from contacting the
MRO within the time provided. The MRO, on the basis of such information, may reopen the
verification, allowing the employee to present information concerning a legitimate explanation for the
Page 13 of 18
confirmed positive test. If the MRO concludes that there is a legitimate explanation, the MRO shall
declare the test negative.
A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse
disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the
test and to determine whether there is a legitimate medical explanation for a confirmed test. The MRO
will contact the employee, notifY the employee of the positive laboratory test result, and provide the
employee with an opportunity to explain the confirmed test result. The MRO will subsequently review
the employee's medical history/medical records to determine whether there is a legitimate medical
explanation for a positive laboratory result. If no legitimate medical explanation is found, the MRO
will report the test as positive.
12.0 ROLE OF THE SUBSTANCE ABUSE PROFESSIONAL (SAP)
All safety-sensitive employees with a verified positive drug test result or confirmed alcohol test result
of 0.04 or greater, or refused test, including those who have been terminated, will be referred for an
assessment. If the employee's eventual return to duty is permitted under this policy, the SAP may
prescribe a treatment program which the employee must successfully complete or continue to follow
in order to return to work. This treatment program may include referral of the employee by the SAP
to the Employee Assistance Program ("EAP") or other treatment provider.
Safety-sensitive employees permitted to return to work following a positive test will be re-evaluated
by the SAP to determine whether the employee has complied with the SAP's recommendations. After
the evaluation and the successful completion of a return-to-duty test, the SAP will recommend to the
employer the number and frequency offollow-up alcohol and/or drug test to be administered following
the employee's return to duty. The follow-up testing shall consist of at least six tests in the first twelve
months following the employee's return to duty. The SAP will recommend whether the employee
should be subject to both drug and alcohol follow-up tests.
13.0 INFORMATION DISCLOSURE
All drug and alcohol testing records will be maintained in a secure manner so that disclosure
of information to unauthorized persons does not occur. Information will only be released in the
following circumstances:
1. To a third party only as directed by specific, written instruction of the employee;
2. To the decision-maker in a lawsuit, grievance, or other proceeding initiated by
or on the behalf of the employee tested;
3. To a subsequent employer upon receipt of a written request from the employee;
4. To the National Transportation Safety Board during an accident investigation;
5. To the DOT or any DOT agency with regulatory authority over the employer or
any of its employees, or to a State oversight agency authorized to oversee rail
fixed-guideway systems; or
Page 14 of 18
6. To employee, upon written request.
14.0 SYSTEM CONTACT
FT A regulations require that a single contact person be identified to answer questions about this
policy. For purposes of this policy, the contact person is listed below:
Primary Contact
Name:
Title:
Address:
Telephone Number:
Fax Number:
Secondary Contact
Name:
Title:
Address:
Telephone Number:
Fax Number:
15.0 MEDICAL REVIEW OFFICER
Name:
Address:
Telephone Number:
Fax Number:
Melanie Mesko
Administrative Assistant/City Clerk
101 Fourth Street East
Hastings, MN 55033
(651) 437-4127
(651) 437-7082
Dave Osberg
City Administrator
101 Fourth Street East
Hastings, MN 55033
(651) 437-4127
(651) 437-7082
Dr. Murray Lappe
5750 Wilshire Suite 275
Los Angeles, CA 90036
1-800-733-6766
(213) 936-9681
16.0 SUBSTANCE ABUSE PROFESSIONAL
Name:
Address:
Telephone Number:
Fax Number:
Page 15 of 18
17.0 CONSORTIUM
Name:
Contact Person:
Address:
Telephone Number:
Fax Number:
18.0 LABORATORY
Name:
Contact Person:
Address:
Telephone Number:
Fax Number:
KERR KTS (State) Consortium Administered
through Health Services of North America
Stacy Wescort
POBox 1687
LaCrosse, WI 54602-1687
1-800-873-3733
(608) 782-7794
River Valley Clinic
Kathy
1210 1st Street West
Hastings, MN 55033
(651) 438-1867
(651) 438-1837
19.0 SAFETY-SENSITIVE FUNCTIONS
The job titles of those that perform safety-sensitive job functions are shown below:
Job Title
Transit Driver
Job Title
Administrative Secretary
Job Title
Technical Secretary
Job Title
City Hall Secretary
Job Title
Administrative Assistant/City Clerk
20.0 POLICY MODIFICATION
The transit system has the right to modifY this policy as changes in regulation or law occur.
ATTACHMENT 1
Page 16 of 18
VI-15
MEMORANDUM ~
To: Mayor Werner and City Councilmembers
From: Melanie Mesko, Administrative Assistant/City Clerk
Date: June 18, 1999
Re: Annual Renewal of On Sale, Sunday On Sale, Off Sale, Club & 3.2 Beer Licenses
Effective 07-01-99
RECOMMENDED CITY COUNCIL ACTION:
Approve the list of all liquor related licenses (listed below), due for renewal on July 1, 1999, some
contingent upon receipt of necessary insurance paperwork. Following Council approval and final
paperwork (as needed), the renewal paperwork will then be forwarded to the Minnesota Liquor
Commissioner for final review and approval.
Liquor License Renewals 1999-2000
LICENSEE NAME DBA & ADDRESS STATUS OF APPLICATION
Cairo Corp. Rivers Grill & Bar All materials received
412 Vermillion St.
Jar Inc. RJ's Tavern on Main Need insurance paperwork
106 E 2nd St.
Mary Joan Bayer Levee Cafe All materials received
100 Sibley Street
Bierstube Inc. Bierstube Need insurance paperwork
10911" St.
Highwood Food Services Mississippi Belle All materials received
101 2nd St. East
Biermaier, LLP. Papa Charrito's Need insurance paperwork
350 W. 33m Street
J&BInc. Friar Tucks All materials received
1840 Vermillion St.
McCabe's Pub, Inc. McCabe's Pub All materials received
880 Bahls Drive
Apple American Ltd. Ptsp of MN Applebee's neighborhood All materials received
GrilVBar
2000 Vermillion St.
Vermillion Bottle Shop Inc. The Bar Need insurance paperwork
2101 Vermillion Street
LICENSEE NAME DBA & ADDRESS STATUS OF APPLICATION
Apple American Ltd. Ptsp of MN Applebee's Neighborhood All materials received
Grill/Bar
2000 Vennillion St.
Cairo Corp. Rivers Grill & Bar All materials received
412 Vennillion St.
Vennilion Bottle Shop The Bar Need insurance paperwork
2101 Vennillion Street
McCabe's Pub. Inc. McCabe's Pub All materials received
880 Bahls Drive
J &BInc Friar Tuck's Lounge All materials received
1840 Vennillion St.
Highwood Foodservices Inc. Mississippi Belle All materials received
101 E 2nd St.
Bierstube Inc. Bierstube Need insurance paperwork
109 W. 11th St.
Mary Joan Bayer Levee Cafe All materials received
100 Sibley Street
JAR Inc. RJ's Tavern on Main Need insurance paperwork
106 2nd St. East
Biermaier Enterprises Papa Charritos Need insurance paperwork
350 W. 33nl St.
American Legion 47 Nelson- Lucking post Haven 'f Paid Fee
50 Sibley Street
FOE Aerie 2212 Spiral Bridge Eagles Club All materials received
1220 Vennillion St.
Box 333
Hastings Country Club Inc. Hastings Country Club All materials received
2015 Westview Drive
VFW 1210 Lyle Russel Post All materials received
320 E. 2nd St.
Box 294
LICENSEE NAME DBA & ADDRESS STATUS OF APPLICATION
J&BInc. Friar Tuck's Lounge All materials received
1840 Vermillion St.
Vermillion Bottle Shop The Bar All materials received
2101 Vermillion St.
Box 311
JAR Inc. RJ. ' s Tavern on Main Need insurance paperwork
106 E. 2nd Street
House of Wines & Liquors Inc. House of Wines All materials received
1225 Vermillion St.
TJ. Liquor inc. Rivertown Liquors All materials received
410 Vermillion St.
Short Stop Liquor Inc. Short Stop Liquor All materials received
275 W. 33m St.
Box 9
Arne M. & Dorothy J. Tunheim Vermillion Bottle Shop Need insurance paperwork
2103 Vermillion St.
JS & D Corporation Westview Liquors All materials received
1355 South Frontage Road
R & R of Denmark Twp Inc. Liquor Locker All materials received
1292 No Frontgage Rd
Cairo Corp. Rivers Grill & Bar All materials received
412 Vermillion St.
LICENSEE NAME
DBA & ADDRESS
STATUS OF APPLICATION
American Legion 47
Nelson-Lucking Post
50 Sibley St.
Spiral Bridge Eagles Club
1220 Vermillion St.
Box 333
Haven 'f Paid Fee
FOE Aerie 2212
All materials received
Hastings Country Club Inc.
Hastings Country Club
2015 Westview Drive
Box 337
All materials received
VFW12lO
Lyle Russell Post
320 E 2nd St.
Box 294
All materials received
STATUS OF APPLICATION
No Applications Receivedfor 1999-2000
LICENSEE NAME
DBA & ADDRESS STATUS OF APPLICATION
ROC Management
Godfather's All materials received
1223 Vermillion Street
Tai Chi & Taiwan Company
Tai Chi's Need insurance paperwork
2108 Vermillion St.
Pizza Hut # 426011 All materials received
1330 South Frontage Road
Knights of Columbus All materials received
3075 Vermillion St.
Pizza Hut
Knights of Columbus
Speedway SuperAmerica LLC
Speedway SuperAmerica LLC
Hastings Holiday
SuperAmerica #4486 All materials received
SuperAmerica # 4539 All materials received
Hastings Holiday--Linn Retail All materials received
Centers, Inc.
1500 Vermillion Street
Sun Moon Buffet
Sky Dragon All materials received
1355 South Frontage Road #440
Regina Medical Center All materials received
1175 Nininger Road
Regina Medical Center
I have contacted each of the establishments with missing information and been assured that this
information will be forwarded to the City immediately. The delay on much of the insurance
paperwork comes from the fact that the terms run through July 1, 1999 and the establishments
themselves have not received the renewal forms from their insurance. Staff will notify Council should
any of these applicants do not submit their information in a timely manner.
If you should have any questions, please do not hesitate to contact me.
Attachment:
None
TKDA
VI-16
TOLTZ. KING. DUV,I.,LL. ,l.,NDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS. ARCHITECTS. PLANNERS
1500 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101-2140
PHONE:6121292.4400 FAX:612/292.0083
Comm. No. 11587-02
Cert. No.
7
St. Paul, MN,
June 9
,19~
To
City of Hastings Minnesota
Owner
This Certifies that
M. C. Magnev Construction. Inc.
, Contractor
For High Service Booster Station and Well Pumphouse Improvements. Hastings Minnesota
Is entitled to
Ninety Four Thousand Thirty Five and 75/100 Dollars..........................................................($94.035.75)
being _-1!L estimate for partial payment on contract with you dated October 20
.19 98.
:eived payment in full of above Certificate.
M. C. Magney Construction, Inc
TOLTV' UV ALL, ANDERSON AND ASSOCIATES, INC.
ENGI ERS-AR ITECTS-PLANNERS _
1Jl~~
David L. Moore, P. E.
, 19
RECAPITULATION OF ACCOUNT
CONTRACT
PLUS EXTRAS PAYMENTS CREDITS
. ~')ntract price plus extras 696,600.00
nil previous payments $ 555,555.25
Change Order No.
.. .. ..
.. .. ..
.. .. ..
.. .. ..
AMOUNT OF THIS CERTIFICATE 94,035.75
Totals 696,600.00 649,591.00
There will remain unpaid on contract after
payment of this Certificate 47,009.00
I 696,600.00 II 696,600.00 II I
An Equal Opportunity Employer
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365 East Kellogg Boulevard
SANDERS
WACKER
BERGLY
INC.
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03-Jun-99
INVOICE NUMBER: 9854-4
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'j City of Hastings
A TIN: Tom Montgomery
101 Fourth Street
Hastings, MN 55033
INVOICE
RE:
Landscape Architectural SeNices
Soldiers and Sailors Fence
April 1, 1999 through April 30, 1999
Z DESCRIPTION
'M
'A
LANDSCAPE
ARCHITECTS
AND
PLANNERS
HOURS RATE
Saint Paul, Minnesota 55101
651-221-0401
Fax: 651-297-6617
TOTAL
Lany Wacker
'M ------ -------- ------------------- -----------------_____ __________________________
$280.00
Expenses (omitted from previous invoice total)
4
$70.00
$65.32
---------------- --------------------------------------------------------------------- - --
$345.321
TOTAL
CONTRACT AMOUNT
'~ ADDITIONAL FEES
TOTAL CONTRACT AMOUNT
PREVIOUS INVOICES
PAYMENT RECEIVED
AMOUNT OUTSTANDING
THIS INVOICE
CONTRACT AMOUNT REMAINING
$3,375.00
$0.00
$3,375.00
$3,103.00
$2,485.50
$280.00
($8.00)
TOTAL AMOUNT NOW DUE
Thank you!
$617.50
$889.50 I
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VI-17
MEMO
From:
Subject:
Date:
MayorMichaelD. Werner
and City Council Members
Shawn M. Moynihan
Assessment Appeal of W"UIia1ll and Colleen Fritsch
June 18, 1999
To:
RECOMMENDED ACTION. City staff and myself are requesting citY council authority to
settle 1he assessment appeal ofWiUiam and Colleen Fritsch for the amount of $2,750.00.
SMM:srk
VI-18
1999 RIVERTOWN PARADE ROUTE AND STAGING AREA
Head of Parade is to be at Highway 42 and First Street West
It is of the intention of the Parade Committee to have the band buses come in on
Highway 55, turn off at River Street, and then disburse the bands on State and
Second and Third and Prairie on Second Street. We would assign an individual for
each out-of-town band, as well as, our own two local bands. There would be a
designated spot on these streets before hand. Depending upon the number of bands,
we would utilize both the north and south streets of State and Prairie and the
east/west streets of Second and Third as needed. No bands to be west of State Street.
Also any other special groups such as Shriners Groups and other groups of that size
we will be staging in the same areas as the bands and route them onto First Street
as they come in line in the parade. The balance of the staging area would be held on
Highway 42 between Pleasant and First Street in getting permission from the
County to close Highway 42 at approximately 10:00 a.m. We would route these
units off of Pleasant Street and west off of Highway 42. Thus leaving First Street
open between Pleasant and Frasier allowing the clinic and the hospital parking lot
free for those that need those facilities to come and go as they need to. The end of
the parade we would hold as the same as last year.
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V/.19
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
June 17, 1999
Approve Job Description and Authorize Advertisement for Assistant
City Planner/GIS Technician
RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council take action approving the enclosed job
description for the position of Assistant City Planner/GIS Technician and authorize
advertisement for applicants.
BACKGROUND
Staff has prepared the attached job description for the posItlon of Assistant City
Planner/GIS Technician. This position will complete the "reorganization" that was
related to the departure of positions in the Building Department and the Community
Development Director and establishment of the City Planner position, which was recently
filled by Matt Weiland.
City of Hastings Position Description
Position Title: Associate City Planner/GIS Technician
Department: Planning
Exempt:
Reports To:
Yes
City Planner
Department: Planning
Normal Shift: 8:00 a.m. - 4:30 p.m.
Periodic evening meetings and other Responsibilities will result in additional
Hours not normally scheduled
Approved by
City Council:
Summary:
This is an exempt, technical, field and office position, responsible for the coordination and enforcement
of City planning functions, according to City Code and Zoning and Subdivision Ordinances. The
position performs professional planning work with considerable independence under the general
supervision of the City Planner. Work involves responsibility for investigating, inspecting and providing
information concerning City land use, zoning and subdivision regulations. Work performed involves
reviewing, advising and inspecting the completion of various zoning and land applications. Will assist
the City Planner in preparing reports to the Planning Commission and preparing reports and completing
presentation to the City Council. Will also be responsible for maintaining and updating the City's
Geographic Information System and producing GIS maps, applications, and projects as needed.
MAJOR AREAS OF RESPONSIBILITY
· Responds to inquiries relating to land use, zoning and subdivision issues
· Confers with property owners, builders, developers on various land use, zoning and subdivision
issues
· Will assist City Planner in preparing and presenting Planning Commission agendas and packets
and City Council reports and presentation materials, and reports to other Commissions as needed,
such as the Natural Resources and Recreation Commission, Historic Preservation Commission
and Industrial Park Board.
· Reviews building permit applications to assure compliance with land use and zoning
· Reviews requests relating to current and long range planning issues
· Administers the necessary procedures and process for various zoning, land use and subdivision
permits
· Enforces the City's zoning and subdivision ordinances as well as site plan and subdivision
requirements
· Maintains property maps and records files in computer and hard copy format
. Maintains and updates the Geographic Information System
· Prepares GIS maps, projects and applications as needed
· Keeps informed of all aspects of municipal planning and researches possible methods, which can
be used in the City of Hastings
These examples of areas responsibilities are intended only as an illustration of the various types
of work performed, and are not meant to be inclusive. The position description is subject to change as the
needs of the employer and requirements of the job change.
KNOWLEDGE. SKILLS AND ABILITIES
I. Knowledge of the theories, principles and trends of municipal land use planning and the ability
to apply the knowledge of these concepts to current and long range planning activities in the City
of Hastings.
2. Ability to create reports and documents using computer technology.
3. Ability to make effective public presentations, in writing, with computer technology and
verbally.
4. Knowledge of, and ability to use Arcview GIS in the preparation maps, projects, and
applications.
5. Knowledge of, and ability to use Database software (DBASE, Paradox)
6. Ability to read and comprehend all types of maps and development plans, land use applications,
laws and City policies as they relate to land use planning and zoning.
7. Knowledge of Federal, State, Regional and County regulations and policies as they relate to land
use and planning. These include, but are not limited to, the following: MUSA guidelines,
wetland regulations, critical areas, shoreland management ordinances, housing trends and
regulations.
8. Ability to communicate effectively and professionally with the public, developers, City Council
and other City Commission members, and City Staff.
9. Ability to work independently with minimal supervision.
PUALIFICATIONS REOUlRED
a.) 1-3 years experience in public sector/municipal planning administration
b.) 1-3 years experience working with geographic information systems (GIS)
c.) Considerable knowledge of computer applications to include word processing, spreadsheets,
databases and computer presentation software.
d.) Bachelor of Arts degree in urban planning or closely related field.
e.) Valid Minnesota Drivers license.
f.) Experience working independently with strong self motivation and time management skills.
WORK ENVIRONMENT
The work environment characteristics herein are representative of those an employee may encounter
while performing the essential functions of this position.
PHYSICAL DEMANDS
The person who fills this position must be able to see, hear, talk and have the physical mobility to inspect
properties, vacant lands, climb and some lifting.
ADVERTISEMENT
The City of Hastings is accepting applications for the position of Associate City Planner/GIS Technician.
The position will be responsible for assisting the City Planner in city planning activities including short
and long range planning, presentations to the planning commission and city council, comprehensive plan
administration and other general planning activities. The position will also maintain and update the city's
GIS system as well as producing GIS reated items. 1-3 years experience in public sector/municipal
planning administration. Bachelor Arts Degree in urban planning or closely related field. Starting salary
is up to $3000
monthly. Application materials are available at the Hastings City Hall, 101 E. 4th St., Hastings, MN
55033 (651)437-4127, and must be postmarked by . The City of Hastings is an Equal
Opportunity Employer.
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VI-20
MEMO
Date:
Honorable Mayor and City Council Members
Tom Montgomery
First Reading and Order Public Hearing, Ordinance Revision, Sewer and Water
Connections
June 18, 1999
To:
From:
Subject:
Council is requested to hold the first reading and order a public hearing for July 6, 1999
to consider revisions to the sewer and water utility connections ordinance. The revision would
clarify the existing ordinance language to clearly spell out that all connections to the sewer or
water mains will be charged an access charge.
This issue developed when it was learned that the Building Department had not been
charging a Water Access Charge (WAC) for lawn irrigation systems installed to serve several
townhomes. The lawn irrigation systems have a single direct connection to the watermain and is
metered separately. The water bill is sent to a townhome association. Earlier this summer, a
builder applied for three lawn irrigation system installations. The Inspections and Code
Enforcement Department included WAC fees in the permit charges. The builder complained that
he had never been charged WAC fees in the past and that the ordinance does not clearly call out
that WAC fees should be collected.
As a compromise, staff agreed not to charge the WAC fees at this time, but notified the
builder that an ordinance revision would be pursued to clearly define that any connection to the
sanitary sewer system or water system (with the exception of a dedicated fire sprinkler line)
would be charged an access fee.
COUNCIL ACTION REQUESTED
Council is requested to hold the first reading of the enclosed ordinance revision and order
a public hearing for July 6, 1999.
ORDINANCE NO.
- SECOND SERIES
AN ORDINANCE OF THE CITY OF HASTINGS AMENDING CITY CODE CHAPTER 12.21,
SUBDIVISION 8, PARAGRAPH B BY DEFINING THAT EACH CONNECTION TO A SANITARY
SEWER OR WATER MAIN SHALL BE CHARGED AN ACCESS FEE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THAT CITY CODE
SECTION 12.21, SUBDIVISION 8, PARAGRAPH B BE AMENDED AS FOLLOWS:
Paragraph B shall be revised to add the following new sentence at the beginning of the paragraph
"All individual connections to the sanitary sewer system and/or water system shall be charged
access fees with the exception of fire services that only provide water to fire sprinkling systems. "
This ordinance shall become effective upon passage and seven days after publication.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 21'1 DAY OF
JUNE, 1999.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko, City Clerk
(Seal)
CITY OF HASTINGS
NOTICE OF PUBLIC HEARING
Chapter 12 Utilities
Utility Access Charges
Notice is here given that the Hastings City Council will meet in a public hearing at 7:00
PM on July 6, 1999, in the City Council Chambers located in the Hastings City Hall, 101 East
Fourth Street for reviewing the following matter:
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
CHAPTER 12 OF THE HASTINGS CITY CODE HAVING TO DO WITH
UTILITY ACCESS CHARGES
Section 12.21, Subdivision 8, paragraph B is proposed to be amended to clarify that all
connections to the sanitary sewer and/or water system be charged an access fee with the
exception of fire services providing water to fire sprinkling systems.
Before the date of the public hearing, persons may view exhibits concerning this matter
that are available at the Hastings City Hall. City Hall hours are 8:00 AM to 4:30 PM Monday
through Friday, excluding holidays. Persons may obtain copies of the exhibits at his or her own
expense.
All persons are welcome to attend this hearing and make comment.
Thomas M. Montgomery
Public Works Director
Publish:
June 24, 1999 Hastings Star Gazette
/2.2/ SvbJ. <6
B. At the time of connection to the sanitary sewer system and/or water system, all necessary
permits, licenses, and fees, including but not limited to water availability charges (WAC), MWCC
sewer availability charges (SAC), City sewer availability charges (SAC), meter charge and permit fee,
shall be paid by the owner in addition to the fees provided for by Paragraph E, if applicable.
I. The number of City SAC units and the number ofW AC units charged at the time of
connection to the sanitary sewer system and/or water system shall be equal to the
number ofMWCC SAC units charged.
2. Collected water availability charges and City sewer availability charges shall be used to
fund water system and sanitary sewer system capital improvements.
3. Water availability charges (WAC) and sanitary sewer connection fees shall be
detennined by the Council and adopted by resolution.
Source: Ordinance No. 336
Effective Date: 4-15-93
C. All easement rights necessary to connect to the sanitary sewer and/or water system shall be
acquired at the expense of the property Owner.
D. All costs related to the connection of the sanitary sewer service and/or water service to the
property shall be borne by the property owner.
E. Any property which is sought to be connected to the City sanitary sewer and/or water
systems and which was not assessed for the sanitary sewer and/or water mains when they were
installed shall, in addition to the charges listed in Paragraph B, be charged a connection fee equivalent
to the front footage of the lot multiplied by the average annual rate of assessment being assessed for
sanitary sewers and/or water mains during the year in which the connection is made. The annual rat~
of assessment shall be detennined by the City Engineer. \
Source: Ordinance No. 218, Second Series (Subd. 8)
Effective Date: February 12, 1987
'"
(Sections 12.22 through 12.29, inclusive, reserved for future expansion).
SEC. 12.30. GAS FRANCHISE.
Subd. 1. Definitions. The following terms shall mean:
A. Company. The Minnesota Gas Company, a Delaware Corporation, its successors and
asSignS.
B. Gas. Natural gas, manufactured gas, a mixture of natural gas and manufactured gas or other
forms of gas energy.
C. Municipality, Municipal Council, Municipal Clerk. These terms mean respectively, the City
of Hastings, the Council of the City of Hastings and the Clerk of the City of Hastings.
?'\
Memorandum
Date:
June 18,1999
To:
Honorable Mayor and City Councilmembers
From:
Dave Osberg, City Administrator
Subject:
Report from John Conzemius, Metropolitan Council Representative
John Conzemius the new Metropolitan Council Representative from the Hastings area will
be in attendance at the City Council meeting on Monday, June 21, 1999 to introduce
himself and make a brief report to the City Council. No action will be required.
VIII-A-!
MEMO
Date:
June 16, 1999
To:
Mayor and City Council
JYLIu IJtdk/ll'ld/lft
~McNamara
From:
Subject:
Dakota County Bike Trail
Staff from Dakota County will attend the June 21, 1999 Council meeting to update the City
Council on the proposed trail that would connect South St. Paul to the-., €i~.. OOJfHastings. This trail
connection is 19 miles long with an estimated cost ofapproximately($4.5 mj.llion dollars and that
the earliest construction would take place is 2006-2007. ' "-
The City of Hastings has completed its trail section to the western city limits and is waiting for the
trail connection to Spring Lake Park. Representatives from Dakota County will review two
options that would connect Hastings to Spring Lake Park, one being an off roadway trail off of
County Road 42 and the other being a trail connection that would be off roadway of County Road
87 to Spring Lake Park.
If you have any questions regarding this trail connection please contact me at 480-2344.
jt
VlI-1&VIII-B-1
MEMORANDUM
TO: Mayor Werner and City Council
FROM: Matthew Weiland, City Planner
DATE: 6/1 0/99
SUBJECT: Tabled Action from 6/17/99 City Council Meeting-Special Use Permit & Site
Plan - M+H Proposed Car Wash (15th + Vermillion St)
I have directed the Special Use Permit and site Plan for the proposed M+H Car Wash back to the
Planning Commission. This has been done due to a change in the Site Plan by the applicant and
to address neighborhood concerns. The neighbors have been informed of this change.
Action Requested:
Motion to cancel the scheduled Public Hearing and to remove this item form the Council
Agenda.
-~.- /'
/// /1 /~ ~-
c__ .... 1/__ . ..__ _ ~
Matth~ Weiland
City Planner, City of HASTINGS
VlI.2& VlII-B-2
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127. Fax: 651-437-7082
MEMORANDUM
TO: Mayor Werner and City Council
FROM: Matt Weiland, City Planner
DATE: 6/10/99
SUBJECT: Public Hearing - Request to vacate part of Lake St
Dylan Mcintosh has subulitteJ an Ctpplicati~)n ~md a pf'tition to the City Of Hastings !'equesting
the vacation of a portion of Lake St north of3rd ~t. E (Site Location Map ehc:1o~ed). The Vacated
propeny is legally descrioed a~ S.lllows:
The platted 66 FT Lake St Righ;: OfWaj' lo.::ated north of3'd St E and adp.cent to
Lot 8, Block 6, and Lot 5 B10ck 7 , Bark.'lr's Addition
He is requesting this vacation add property to his property for future maintenance.. if the City .
Council vacates this street, the applicitnt should be responsible for all recording fees required by
Dakota County.
Planning Comments:
Every property owner in the city has a light to petition the city to vacate street LO.W. property.
However, the City is not obligated to vacate street property. This property has always been
unimproved and is used only as a drainage way. The City will require and drainage easement
over the drainage way.
Applicants Requested Action:
Motion to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HASTINGS VACATING THE 66ft OF THE Lake ST ROW North OF 3RD ST E
ADJACENT TO LOT 8, BLOCK 6 AND LOT 5 BLOCK 7 BARKERS ADDITION
-
Hastings on the !\1is.."lissippi
cc: Dylan McIntosh
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
VACATING STREET R-O-W
& DRAINAGE & UTILITY EASEMENTS
FOR PART OF LAKE ST
Council member
and moved its adoption:
introduced the following Resolution
WHEREAS, the Hastings City Council has initiated consideration of action to vacate that
portion of the street R.O.W and drainage and utility easement legally described as follows:
Vacated Street:
The platted 66 FT Lake 8t Right Of Way located north OO,d St E
and adjacent to Lot 8, Block 6, and Lot 5 Block 7 , Barker's
Addition on file and of record in the office of the County
Recorder, Dakota County, Minnesota, with the city reserving an
easement over the west 20 ft of the east 33ft of said portion of
Barker St, for public drainage and utility purposes.
WHEREAS, on June 21st, 1999, a Public Hearing on this proposed street vacation was
held before the City Council of the City of Hastings, which hearing was proceeded by published
notice as required by state law, city charter and city ordinance; and
WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as
provided by the Charter, ordinances and applicable Minnesota Statutes.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HASTINGS AS FOLLOWS:
That the following legally described street R.O.W and drainage and utility easement:
Vacated Street:
The platted 66 FT Lake St Right Of Way located north oord St E
and adjacent to Lot 8, Block 6, and Lot 5 Block 7 , Barker's
Addition on file and of record in the office of the County
Recorder, Dakota County, Minnesota, with the city reserving an
easement over the west 20 ft of the east 33 ft of said portion of
Barker St, for public drainage and utility purposes.
is hereby vacated effective of this date.
BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the
Dakota County Recorder's Office by the Hastings City Clerk.
Council member moved a second to this resolution and upon
being put to a vote it was unaminously adopted by all Council Members present.
Ayes:
Nays:
Absent:
ATTEST:
Michael D. Wemer,Mayor
Melanie Mesko
Administrative Assistant/City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 21st day of June, 1999, as
disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko
Administrative AssistanUCity Clerk
This instrument drafted by:
City of Hastings
101 4th ST.
Hastings, MN 55033
( SEAL)
/1Iall t/Jff/4NtI It?7-1f/;2-i
LAND USE APPLICATION
CITY OF HASTINGS
:'n
Address of Property Involved:
Legal Description of Property Involved:
MAY 2 7 1999
':.."
Official Use Only
Applicant: .
Name D\I t'AY\ AA eJ:,L/\ "\0:;')'"
Address ~ 5 \ S E ,~rd st
r--\ul '5\;, Yv,S .
Telephone (651).Lf 3 ~-0zqZ-
Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance No.
section:
Owner (If different from Applicant):
Name: <:;aW\a!'- C{ C; Cl love...
Address:
Telephone:
Request: V ~cO:W- Lotke str~\- NLX~h. of' EaS\ '~Y'CI Sf)
Special Use:
Subdivision:
Vacation: ~ 0d.;-, r)
,
Rezone:
Compo Plan Amend:
site Plan:
Variance:
Other:
Description of Request (include site plan, survey, and/or plat if
applicable) :
S
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of Applicant
I;-27-C(
Date
Signature of Owner
Date
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Dylan McIntosh
1515 East 3rd Street
Hastings, MN 55033
May 26, 1999
City of Hastings
Hastings City Hall
Hastings, MN 55033
City of Hastings:
I own the property at 1515 East 3rd Street, which is bordered by two streets; East 3rd Street
on the South and Lake Street on the East. I would like to have Lake Street, that portion
North of East Third Street, vacated to me.
This street used to extend an additional 100 feet or so to the Vermillion Slough, where a
bridge connected Lake Street to the Mississippi bottoms and allowed people to get to a
ferry which would take them to Prescott. This bridge has been gone for decades, having
been replaced by the old spiral bridge. This portion of Lake street is now curbed off after
the recent street improvement project in East Hastings, and is unimproved land.
At the North end of the East half of Lake Street is a storm sewer drain. The Eastern
portion of Lake Street is to be rip-rapped from the North end of Lake Street to the
Vermillion Slough. The West half of this portion of Lake Street will be bordered by the
sewer rip-rap on the East and my property on the West.
I would like Lake Street, from East 3rd Street north to the Vermillion Slough, to be
vacated to me so that I may improve it and maintain it at my discretion and expense, in
compliance with all existing laws and regulations. The exception is the drainage ditch,
which would be maintained by the City.
Sincerely,
DlfL- ~k~
Dylan Mcintosh
VIII.B.]
MEMORANDUM
TO: Mayor Werner + City Council
FROM: Matt Weiland, City Planner
DATE: 6/10199
SUBJECT: Special Use Permit- Soil Processing Permit (Holst Excavating-1999)
Enclosed is an application from Holst Excavating requesting a new Special Use Permit for a Soil
processing operation. The property is located southeast of the intersection of County Rd 91 + 54.
Enclosed with this application are a site location map and a site plan.
Background Information:
1. Zoning: A Agriculture. Sand extraction is allowed as a Special Use in the Agriculture
District.
2. Existing Conditions: The site is currently being used for agricultural purposes.
3. Proposed Conditions: The applicant is proposing to mine 996,925.6 cubic yards of sand on the
property by excavating out a pond/sand pit on the property the would vary in depth from 20 - 50
ft. The sand pit will go below the water table and part of the pit will eventually fill up with
water creating a pond. The Water Table elevation is displayed on the site plan. The slope of the
pond to the water would be 3: 1 with a lOft bench above the water level. The pond would have a
5: I slope below the water level which is the slope required by the city for all wet ponds. The
Public Works Director has reviewed and approved the grading plan for this site.
The applicant is also proposing to wash rocks on the site. The applicant will be setting up a
washing plant area in the next year on the northwest part of the site
4. Screening: The applicant is proposing to install a black dirt berm along the neighboring
property line to the southwest. City staff has also been approached by other concerned neighbors
about the need for a berm in the northwest corner of the site to buffer the washing equipment.
City staff would recommend that a berm be placed along the north and west parts of the property
to screen and buffer the washing area from the neighbors to the north and west of the site. Stock
piled materials should also be placed in these areas when possible to offer more screening and
buffering. A berm should also be placed along the property east of the site.
The site also contains trees on it along the western property boundary with the neighbors. As
many ofthese trees as feasible should be kept to provide screening. the applicant should identify
a tree buffer area on a map the he will not disturb.
5. Access: The applicant is proposing to access the site off of Glendale Rd (CSAH 91). The
County has indicated that this access should be located on County Rd 91400 ft south of the
intersection with County Rd 54. A condition of approval will be included referencing the need
for County's approval for an access point. The access point should also be gated or have a chain
placed across it to prevent unauthorized access to the site.
Public Hearing comments:
Many neighbors of this property spoke at the public hearing against this project. They were
concerned with the noise, the hours of operation, the truck traffic, the pipeline, the reclamation
of the site, and the water quality in the area. The neighbors do not want the pit here. They are
:11so concerned about their wells.
Planning Commission Discussion:
The Planning Commission was concerned with the pipeline on the site and the environmental
effects of this project. The item was tabled to gather more information about the pipeline on the
site and to address environmental concerns. The proposed project does not currently meet the
thresholds for a required EA W. The City does however have the right to ask for a discretionary
EA W based on the belief that this project could have a significant environmental impact. The
Planning Commission must consider wether or not there is more environmental information
required for this project that has not already been supplied or will not already be regulated
through different government agencies. The following items were also discussed to be
incorporated into the special use permit requirements.
I. There shall be no storage of materials in pipeline easement.
2. Reclamation of each phase shall occur as part ofthe condition of moving
on to the next phase.
3. The applicant shall provide the city with a letter from the pipeline
company stating their awareness of the proposed gravel pit and any
concerns they have. Any concerns shall be incorporated into the
conditions of special use permit approval.
4. The Whole site shall be fenced.
I have include the first 4 items into the action requested. I have still not found any requirements
to fence in the entire site.
Water Quality: The issue of water quality came up at the meeting in reference to the pond that
will be created. The question cam up as to wether or not this pond would be a dead stagnate
pond or a living lake. The neighbors were also concerned about their wells. The applicant
indicated that the washing system used on the proposed site is a closed system. It will not effect
the water table and would not effect in wells in the area. I have enclosed a condition addressing
possible water quality issues.
Planning Commission Action:
A motion to approve the special use permit for the proposed Holst pit was denied by the Planning
Commission, resulting on a non recommendation to the City Council for approval.
The Planning Commission did however pass a motion recommending that the City Council
require a discretionary LAW to be done for this project before any further action is taken
approving this project.
Planning Consideration:
Zoning: Mining operations are allowed in the Agricultural Zoning District by Special Use
Permit. A Special use is allowed as long as it meets minimum ordinance standards and standards
set forth by the City Council addressing reasonable Health, Safety, and General Welfare
concerns. The City Council may add reasonable conditions to Special Use Permit addressing
specific concerns with that project. A Special Use permit is not an issue of wether you want the
use there or not. It is an issue of wether or not the proposed use is meeting the requirements for
that use. Ifthe City does not want to see a gravel pit here, it must either rezone the property or
amend the zoning ordinance.
Environmental Concerns: The City may also regulate uses of property in the city based on
environmental factors or concerns. The City must identify and prove specific findings of fact
that due to the environmental impacts of the project, it should not be permitted. Environmental
concerns and issues can be raised through an LAW. This project does not meet the state
mandated thresholds for and LAW. The City can however require a discretionary LAW based on
specific environmental concerns that have not been or will not be adequately addressed through
the special use permitting process. Another important issue to keep in mind is the mining
operation and bituminous plant located north of this proposed site. The City has approved both
of these use since the early 1980's. The City be fair and consistent in it's review of projects. The
City must consider how this project is different that the approved project north of this proposed
project. How is the operation different and how are the environmental effects different?
It should also be pointed out that the applicant has been working with City to make this a good
project and address the City's concerns and the neighbors concerns. The applicant has made all
the changes the city has asked him to and has provided all the information requested so far,
except for the water quality issues.
Action Requested:
A motion to approve the soil processing permit from June, 1999 to December 31,1999, subject
to the following conditions:
Holst Excavating is permitted to operate a soil processing operation on land described
pursuant to the most recent information submitted and provided during the original
application in1999. The conditions stipulated during the original special use permit issuance
in 1987 are still in effect and the following:
1. The site is to be restored, upon completion of the mining operation, pursuant to the plans
provided to the city during the original application in 1999.
2. An additional berm should placed in the northwest comer ofthe site to buffer and screen
the washing area. A berm should also be placed directly across from the home on CSAH
54 and the home directly east ofthe the property..
3. Stockpiles of materials are to placed in the northwest comer ofthe site to buffer and
screen the washing area of the site.
4. The applicant shall retain a tree buffer area to provide additional screening for the
property owners to the west. As many trees as feasible for this project should be. The
applicant shall submit a plan showing a tree buffer area.
5. Operating hours are not to be in excess of7:00 am to 5:00 pm Monday through Saturday
except holidays. In addition, Holst Excavating shall refrain from at all times from using
CSAH 54 and HWY 91 for hauling purposes between the hours of 5:00 pm and 7:00 am.
In cases of emergency, Holst Excavating may be operated during hours other than those
noted upon approval by the City Administrator. This special use permit will be revoked
if the applicant is discovered working beyond these hours.
6. Holst excavating shall refrain from using West 10th St between Hwy 61 and Hwy 55 for
the purpose of hauling.
7. The washing operation at the current Holst pit on Glendale Rd shall be moved to this pit
within a year and half and the other washing operation on Glendale Rd must be closed
down after this time period.
8. The access to the mining pit shall be approved by Dakota County. This access shall be
gated or chained to prevent unauthorized access to the site.
9. Holst Excavating shall provide to the city within 10 days after the City Council approval
of the permit, and before work begins an irrevocable bond or other form of security
acceptable to the city in the amount of the estimated cost of restoring the site covered by
the soil pursuant to City Code. This bond amount has been $75,000 in the past.
10. Holst Excavating shall provide to the City a Liability insurance policy or certificate of
insurance from an insurance company authorized to write casualty insurance in the
State of Minnesota as will protect the applicant, its agents and the city from claims for
bodily injury, death or property damage which may arise from operations under the soil
processing permit. The amounts of the insurance shall not be less than that which is
required by the City Code.
11. Vegetative Cover as required by the City of Hastings Storm Water Management
Ordinance, shall be restored on the steeply sloped portions of the site, identified on the
mining plans Appropriate erosion control measures as determined by the Public Works
Director shall be undertaken to ensure establishment of vegetative over on steeply sloped
portions of the site where mining is complete according to the approved plan.
12. Any other conditions which the Council may deem as appropriate to address
aforementioned concerns.
13. There shall be no storage of materials in the pipeline easement.
14. Reclamation of each mining phase shall occur as part of the condition of moving on to the
next mining phase.
15. The applicant shall modify the grading plan to stay at least 25ft away from the pipeline
easement. The applicant shall also at all times keep at least five ft of cover over the
pipeline where access over the pipeline will occur.
16. No crushing operations will occur on this site.
17. The applicant shall provide the city with environmental information pertaining to the
water quality of the proposed pond. Ifthe study of this information indicates the
proposed pond will be a stagnate pond or will become a health risk, then the applicant
shall be required to a re-submit a reclamation plan showing this area filled with approved
material.
cc: Bill Holst, Holst Excavating
L}JID UQE; APPLICATION
CITY OF HASTINGS
Address of Property Involved:
Legal Description of Property Involved:
PrlTt of NW 1- Sec. 16, Part of NF. t of Sec. 35. 'IWp 115. R 17
Applicant:
Official Use Only
Date Rec'd
Name
Holst Excavatinq. Inc.
File No.
Address
N3941 State Rd 35. POBox 36
Fee Paid
Prescott. WI 54021
Rec'd by
Telephone 715/192-5301
Ordinance No.
Owner (If different from Applicant):
Section:
Name:
Address:
,.
Telephone:
Request:
j
Rezone:
Compo Plan Amend:
Site Plan:
Vacati<m:
Variance:
Other:
Description of Request
applicable) : The minin
site plan, survey I and/or plat if
The roduct during the first 1 ~ years
will be removed from the site. After that period a washplant
will be moved in. The activity will take up 38 acres.
%lkffJ l' ~ rYd-t.v_
Signature of Applicant
}f{2;A-4-7rJ j WAltzr
Signature of Owner
L/M; /C;C;
Date
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Date
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Highway Department
Donald J. Theisen. P.E.
County Eng;neer
Dakota County
Western Service Center
14955 Galaxie Avenue
3rd Floor
Apple Valley. MN 55124-8579
612.891.7100
Fax 612.891.7127
w.co.dakora.mn.us
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AN EQUAl OPPOR"UNITY fMf'lOYfR
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COUNTY
(fff
May 21, 1999
Mathew J. Weiland
City Planner
101 - 4th Street East
Hastings, MN 55033-1955
Re: Proposed Gravel Pit on County Roads 54 and 91
Dear Mr. Weiland:
This is in response to your letter to Gary Stevenson dated May 4, 1999
regarding a proposed mining operation. We have reviewed the site for
appropriate access. We agree that the access should be on County Road
91. A location approximately 400' south of County Road 54 would be best
suited for sight lines. The owner must submit an access permit to this office
for approval before the access can be constructed.
Please contact me if you have any questions or concerns regarding this
Issue.
Sincerely,
~{~
Traffic Engineer
cc: Gary Stevenson, Director Survey/ Land
Dave Zech, Administrative Design Engineer
Tom Swanson, Utility Inspector/ Permits
"'Ul'l o:..l_'''~:;1=,=, t:.l'+.~J
P.02
.
Amoco Pipeline Company
94CO Winnetka Aven.;" No~n
Broo~.;y~ I'ark Minneso:a ~544S-161 ~
612-425-4201
Facslmiie 612-424-3586
June 9, 1999
Holst Excavating, Inc
P.O. Box 36
Prescott, Vi1 54021
Attn.: MI' Chuck Domack
Re; Mining Excavation Permit
Dear Mr. Domack:
r have reviewed your lelt~r dated June 2, 1999 concerning your intent to Open a mining
operation on your property near the intersection of Co. Rd. 91 and Co. Rd. 54.
Such an operation is acceptable to BP Amoco Oil Company as long as you comply with
the fOlJowing:
1. No excavation within the 50 toot (25 feet on either side of the existing pipeline)
pipeline easement.
2. Provide and/or maintain a minimum of S feet of COver OV~r the top of the existing
pipefine wherever it is being crossed by vehicle traftic.
3. Ifany blasting is to be done within 250 feet of tile pipeline, a plan for such work
will need to be sent to BP Amoco for their revil!W and approval.
If you have any further questions, please contact me at 612-425420 I, ext. # 13.
Sincerely,
~.I.- c d?rJi~~
Kenneth C. Andreen
Cc: John Struck
Dale Neilan
Tr,~u; PC!"::.
VIII.B-4
Memo
To:
Mayor Werner and City Council
From:
Matthew Weiland, City Planner
Subject:
House Move Proposal- Lot 1, Block 3, Sunny Acres 6 (601 Douglas DR)
Date:
6/1 0/99
cc:
Bill Bauer
Bill Bauer has requested permission from the City to move an existing home to Lot 1, Block 3,
Sunny Acres 6. Attached with this memo are copies of information regarding this request which
has been submitted by the applicant.
This item was referred to the Planning Commission to consider aesthetic and functional
compatibility of the house for the site.
Site Location Issues:
The property is located in Sunny Acres 6 off of Douglas Dr. It is the last vacant lot in this area.
There are a mixture of townhomes and single family homes in this area. I encourage the planning
commissioners to drive by this property to get a feeling for the character of the neighborhood and
appearance of abutting properties. A principal concern in siting a home in an existing
neighborhood, whether new or one to be moved in, is whether the size and mass of the structure(s)
are consistent with other structures in the area. It is my opinion that the size and mass of the house
proposed to be moved is consistent with other structures in the immediate vicinity of the site.
Further, the manner in which the home would be configured on the property appears to be
appropriate given the configuration of the lot. As part of the Building Permit application a
Certificate of Survey providing more detailed measurements and elevations will be required if the
applicant continues to pursue the project. There does not appear to be any grading and drainage
problems which would arise from siting the proposed house on the premises.
Appearance & Condition of House to be moved:
Included with the proposal are photographs of the exterior ofthe house and garage and a sketch of
the floor plan of the interior of the house. This is a new home that will be moved in.
Planning Commission
Page 2
Site Plan issues: The applicant has indicted that the property will sodded and that trees will be
added to this site. This will be a requirement of approval. The house must also have a paved
driveway installed. The applicant has indicted that this will all be done.
Setback Issues: The applicant would like to add a 24X24 ft garage to the home. Doing this would
put a small comer of the home into the 20 ft rear setback area (see Plan I). The applicant is
requesting a setback variance to allow the garage to be built. This is a peculiar shaped lot that does
not have a true rear yard. The home and garage would meet all other setback requirements. The
applicant could also build a smaller 20X20 sq ft garage which would meet all setbacks (plan 2).
Staff would recommend a variance in this case, due to the shape of the lot and the small setback
infringement by the home. The two car garage is also more viable than a single car garage in
today's housing market and in comparison to the other homes in the neighborhood.
Planninl!: Commission Recommendation:
The Planning Commission recommended approval of the setback variance and house move subject
to the conditions listed below.
Two Actions requested:
Setback Variance:
Motion to approve a 6-8 ft rear setback variance due to the shape of the lot and the need for a two
car garage.
House Move:
Motion to recommend authorizing issuance of moving & building permits to allow the home
included in a proposal from Bill Bauer to be moved to Lot 1, Block 3, Sunny Acres 6 (601
Douglas DR) subject to the following conditions:
1.
That the City Council approves a rear setback variance for the home.
1.
Compliance with all applicable City Code requirements including, but not limited
to: City Code Chapter 4 (Construction Regulations) and City Code Chapter 18
(Property Maintenance Ordinance).
2.
That the yard area is seeded or sodded to establish a lawn.
3.
That 2 deciduous shade tree (minimum 2.5 inch diameter) be planted in the front
yard prior to issuance of a Certificate of Occupancy.
Planning Commission
Page 3
4.
That a paved driveway to the house is installed.
5.
That all exterior site work on the structure and site be completed within 6 months
from the date of permit issuance.
Jun-04-99 04:04P Bill Bauer
612-437-3655
P.02
1.1',lm. USl::_}l,,~'pr~rCl\T:t:ON
CITY Q}" ID\STrNGH [2
Addre" of Pruperty r"VOIv,>;1'-~~J ==jJ~_~
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Name~~~__
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OWner (if dif~eront from Applicant):
Scction: ___'___
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Address:
Telephone:
Request:
.Rezone:
Special US<i':
Compo Plan Mend:
SUbdivision:
Site. P~an:
Variance: .&w ~1.sI1-jll
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Other: ~4~-M~~~
Description of Request (include site plan, survey, and/or plat if
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Floor Framing
2 X 10 Douglas Fir, floor joists 16" on center
1 x 3 pine cross bridging
4 x 8 sheets of 3/4" tongue and groove plywood applied with construction adhesive and
screws
Exterior Wall Framiog
2 x 6 stud construction
112" exterior plywood sheathing
112" drywall on the interior
R-19 fiberglass insulation with vapor bairier in stud cavities
Double insulated vinyl clad Marvin windows
3-0 exterior steel doors
Interior Wall Framing
2 x 4 stud construction
112" drywall
Roof Framing
6-12 pitch factory roof trusseS .
112" plywood roof sheathing
240 lb. asphalt roofshingles
R-44 (12") cellulose blown-m insul/ltion
Exterior Finish
1 x 8 rough sawn cedar lap siding
Rough sawn cedar trim, .
All cedar treated with a clear wood finish
Interior Finish
Oak cabinets in the kitchen and bath
Oak. millwork and doors
Plastic laminate countertops
Walls primed and painted
Electrical
All wiring is done to Minnesota electrical code
Smoke detectors
Bath fans in both bathrooms
Recessed lighting throughout
Plumbing
All Plumbing is done to Minnesota code
Main bath - vanity sink, cast iron tub-shower ready for tile, toilet
Master bath - vanity sink, 3' x 3' fiberglass shower stall, toilet
Kitchen - stainless double sink; provisions for disposal, dishwasher, stove and refrigerator
Laundry room - hook-ups for washer & sink
Floor Covering
Carpet - living room
Vinyl - hathrooms, kitchen, dining room, laundry room, front entryway
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VIII.B.5
Memo
To:
Mayor Werner and City Council
From:
Matthew Weiland, City Planner
Subject:
Parking Lot Variance - Special Tees (1206 North Frontage Rd)
Date:
6/1 0/99
cc:
MariLu Husman-Woodward
MariLu Husman-Woodward has submitted a request to allow for a zero tolerance parking lot
setback on her eastern parking lot. She would like to construct a parking lot on the eastern side
of her building and needs to encroach into this parking setback area to make it work.
Background Information:
1.
Comprehensive Plan Designation: The property is currently guided C
Commercial. A commercial retail building is an appropriate use for this land use.
2.
Zoning: The site is currently zoned C-l Neighborhood Commerce. A commercial
retail building is a permitted use in this zoning district.
3.
Existing Conditions: The property is currently developed with a 2400 sq ft
building and a parking lot on the western side of the building.
4.
Proposed Conditions: The applicant is proposing to build a parking lot on the
eastern side of the building all the way up to the eastern property line. .
5.
Site Plan Issues: The site plan submitted by Mary Lou Husman is complete.
Parking Setbacks: Off-street parking is required to be setback 10 feet from front
property lines and 5' from side or rear property lines, except where abutting
residential where the 10 foot setback would apply and 5 ft from the building..
Number of Parking Soaces: The proposed development will be sharing the
proposed parking lot with the Dentist Office next door. This acceptable by the
City and is a good use of shared resources. The parking lot is big enough to meet
the parking needs of both the dentist office and the proposed commercial project.
Planning Commission
Page 2
Plannin~ Issues: City Parking requirements require a 5 ft setback between the building and the
parking lot and between the building and the side property line. The main purpose for the
parking lot setback is to provide for a safe separation between parking lot and the building and to
allow for a landscaped area. The city of Hastings owns the land directly east of this parcel. It
will never be developed. The strict enforcement of the zoning ordinance would not allow a
parking lot to be built here. Offices in the lower level of this building are a viable and permitted
use and this would be a good use ofthis property. City staff would recommend approval ofthe
parking lot variance allowing the applicant to build the parking lot up to the building and to the
eastern property lines with the following conditions:
1. The applicant would landscape and maintain a landscaping area directly
east of parking lot on City Property.
2. The applicant would have a 5 ft wide marked area in front of the building
entrance for pedestrian access.
3. The parking spots must have stops installed to prevent cars from hitting
the building.
4. The driveway entrance to the site must be to the eastern edge of the
property.
5. The applicant would work with the utility company to see if any utilities
had to be moved.
Planninl!: Commission Recommendation:
The Planning Commission recommended approval of the variance subject to the conditions listed
below.
Requested Action:
Motion to recommend approval to City Council the Special Tees eastern Parking Lot variance
subject to the following conditions
1. That the applicant submit a detailed site plan showing the layout of the
eastern parking lot.
2. The applicant would landscape and maintain a landscaping area directly
east of parking lot on City Property.
Planning Commission
Page 3
3. The applicant would have a 5 ft wide marked area in front of the building
entrance for pedestrian access.
4. The parking spots must have stops installed to prevent cars from hitting
the building.
5. The driveway entrance to the site must be to the eastern edge of the
property.
6. The applicant would work with the utility company to see if any utilities
had to be moved.
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LAND USE APPLICATION
Address of Property
CITY OF HASTINGS
Involved: . \:to b M'o~o".)J.\::\:J '<- Rd.
Legal Descr~ption of Property Involved:
Applicant:
Name \'-\f\Q~ L\J \-\uSMT'\}.j~~~(,1(D File No.
Address \ ~ '\ 'l..O \ \ 0 -\ ~ S-:;\ So
ms~ ~C\S N"-.J h50'?:J)Rec'd by
.1
Telephone 6s \ L\ '2J b .:s \?; 1 (I::\M) Ordinance No.
\05 \ L\~l 3\ 30 (wri)
Official Use Only
Date Rec'd
Fee Paid
Owner (If different from Applicant):
Section:
Name:
",. '1
Address:
"...
MAY 2 7 1999
Telephone:
Request:
;
~;
Rezone:
Camp. Plan Amend:
Special Use:
Subdivision:
Site Plan: Vacati~n:
Variance: -# flrJ-IX.4..-A/c-1) f'dt.:"S L"t.54<<.4..ther:
. fti5.c? C)
Description of Re~~st (include site plan, survey, and/or plat if
apPlicable):
Y Q f\. '-\-\1~c "- \! ~ l Q )1Si.',Lj
W t\>JJ:J;,,'\li:)..-...l - ~a <:> cV .s/~ 1/'4 <'1
of Applicant Date
Signature of Owner Date
Special Tee's
1206 No Frontage Road
Hastings, Minn 55033
May 27, 1999
To: The Planning Commission & Matthew Weiland
This letter is to ask for zero tolerance on the east side and north east comer of the
1206 No Frontage Road building of Special Tee's. The reason for the zero tolerance
is the east side parking lot, with the five (5) foot set back requirement this will
sharply cut down the size of the parking lot, and there is no neighbor to the north but
the ponding base gulley and to the east the city access path to the ponding base man
hole cover and next to that is a 100 drop to the park which will not be interferred
with.
This parking lot will make the building on the down stairs east side rentable, which
we have a great need for in Hastings, as I had searched for along time to find a place
before building or just plain closing. I have been approached by two (2) very good
clients to rent this space and this will help me defer some of my costs.
I have hired Tom Tennant of Outback Nursery here in town to do the landscaping if
you do not know Tom he is very into natural and native plants, grasses and trees,
along with his expertise in general landscaping. He will be submitting the plan to me
for the east side as soon as I hear from you as to the decisions on the zero tolerance.
We are planning for more trees in the back than had originally showed on the site
plan and he wants to give the east side a river bank look. He is very good and I
believe the landscaping will more than meet all green space requirements.
Thank you for your time.
Sincerely,
~ M~;~-Wo~~
Owner
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C'IlsT. 6" 'N.M.
VIII-B-6
Memo
To:
Mayor Werner and City Council
From:
Matthew Weiland, City Planner
Subject:
Minor Subdivision - 6th St E + Vermillion
Date:
6/1 0/99
cc:
Paul Thomas
Paul Thomas has submitted an application and a request for a minor subdivision of property he
owns at the comer of 6th St E and Vermillion (site map enclosed). He is requesting the minor
subdivision to be able to subdivide his property into two separate single family home lots. His
property is currently zoned R-2 Medium Density residence. This zoning district requires 7000 sq
ft lots with a minimum width of 50 ft. His totalland area currently totals 14,818 sq ft. He is
proposing to split his land into two lots shown on the enclosed property survey. Attached with
this memo are copies of the survey, a site map, and the land use application.
Background Information:
Minor Subdivision Criteria: A minor subdivision is a waiver of the platting requirement in the
City. It is allowed for property which will not be subdivided into no more than three lots and
these shall not necessitate any additional public investment. The property in question currently is
served by an existing road and the lots are serviced by existing City Sewer or Water.
Property Location: the subject property is located at the comer of 6th St. E and Vermillion St.
Existing Conditions: The lot currently has a triplex and a single family home located on one lot.
Proposed Conditions: The applicant is proposing to split the lot into two single family home lots
with two single family homes. This will be a condition of the minor subdivision approval.
Site Zoning: The subject property is R-2 Medium Density Residence. The use of single family
homes is permitted in this area provided they meet zoning standards. The proposed lots met all
setback requirements except one. Parcel B is only 48.67 ft wide. It is required to be 50 ft.
Although approving this minor subdivision as is will create a non-conforming lot, Staff feels that
this is the best solution for this lot due to the lot layout. The lot and buildings on it now are both
non-conforming. This minor subdivision will improve the lot situation and will make the homes
and lots more conforming. There is enough lot area to require a 50 ft lot, but it would skew both
of these lots. Parcel A would have a small flag coming off of it.
Planning Commission
Page 2
February 19, 1998
Planninl! Consideration: This minor subdivision would meet the intent of the zoning standards
in the R-2 Area.. The new uses of the homes as single family homes and the lot layouts will
make these lots more conforming than they are now.
Plannine Commission Recommendation:
The Planning Commission recommended approval of the minor subdivision snbject to the
conditions listed below.
Action Requested:
A motion to recommend approval to of the minor subdivision subject to the following conditions
1. Approval of a resolution waving platting requirements..
2. The resolution waving platting requirements and a certificate of survey shall be recorded with the
County. A copy of the certificate of survey shall also be filed with the City.
3. The two homes on the lots must be converted to single family homes.
4. The applicant must add a utility easement to the survey to be recorded with the survey.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A MINOR SUBDIVISION FOR PAUL THOMAS
Council member
and moved its adoption:
introduced the following Resolution
WHEREAS, the Hastings City Council has initiated consideration of a minor subdivision
of the following legally describe property.:
Lot 5 , Block 36 and Lot 6 , Block 36 except the south 65 feet
of the East 55 ft, Original Plat of Hastings, according to the
recorded plat thereof, Dakota County MN
WHEREAS, on June 9th, 1999, a Public Hearing on this proposed minor subdivision was
held before the Planning Commission of the City of Hastings, which hearing was proceeded by
published notice as required by state law, city charter and city ordinance; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HASTINGS AS FOLLOWS:
1. That the minor subdivision for the following property does meet the requirements for
minor subdivision and is waived from the platting requirement
2. That the two homes located on parcel A and Parcel B must be converted to single family homes
within 6 months.
3. That the applicant must add a utility easement to the survey to be recorded with the survey.
BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the
Dakota County Recorder's Office by the Hastings City Clerk.
Adopted by the Hastings City Council on June 21 st, 1999 by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Michael D. Werner, Mayor
Melanie Mesko, Administrative Assistant/City Clerk
(City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 21st day ofJune, 1999, as
disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko
Administrative Assistant/City Clerk
( SEAL)
This instrument drafted by:
City of Hastings
101 4th ST.
Hastings, MN 55033
LAND USE APPLICATION
CITY
OF HASTINGS
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Address of Property Involved:
Legal Description of Property Involved:
Official Use Only
Applicant: Date
pa Ll-t Th0W)O,<; ,/f<. e.-reLCotprFile
120 ~I 7-d. ;&r
'1k(P.;"'1A. )!::J AI
Telephone G /2 - 70 ~5:23:;
Rec'd
Name
No.
Address
Fee Paid
Rec'd by
ordinance No.
section:
Owner (If different from Applicant):
Name:
Address:
Telephone:
Request:
Rezone:
Special Use:
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Compo Plan Amend:
Subdivision:
site Plan:
Vacation:
Variance:
Other:
Description of Request (include site plan, survey, and/or plat if
applicable) :
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DRAWN BY: Gary Wo~ts
DAT" Ao,i1 8. 1999
APPRC\'ED BY:
PROJ. NO. 99006
REVISIONS
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VIII-C-1
Memorandum
Date:
June 18, 1999
To:
Honorable Mayor and City Councilmembers
From:
Dave Osberg, City Administrator
Subject:
EPA Risk Management Program-Presentation by Dave Gisch
At the City Council meeting on Monday, June 24, 1999 Dakota County Emergency
Services Director Dave Gisch will make a presentation for the City Council to become
aware of the Environmental Protection Agency Risk Management Program. Information
regarding this program is attached for review by the City Council. While no action will be
required, City Councilmembers are encouraged to review the attached information
regarding the Risk Management Program.
cI
DAKOTA COUNTY
DAVID GISCH
COORDINATOR
(612) 438-4703
EMERGENCY SERVICES
1580 HWY 55 - HASTINGS. MINNESOTA 55033
Dave Osberg, Administrator
City Hall
101 4th Street East
Hastings, MN 55033
Dear Mr. Osberg,
On Thursday, April 8, 1999 at 7:00 p.m. at the Rosemount City Hall members of the
Pine Bend Industrial Group conducted a 1 hour program on the Environmental
Protection Agency (EPA) Risk Management Program (RMP).. The program was directed
to the Mayor and City Councils from Eagan, Hastings, Inver Grove Heights and
Rosemount. The first part was to be a short overview of the Risk Management Program
along with a brief history of the Pine Bend Industrial Group. The second part was be a
question and answer session. Unfortunately, there was an extremely light tum out.
The Pine Bend Industrial Group believes it is important for the elected officials to be
aware of what the group is doing concerning RMP. I would like to suggest a short
presentation on the EPA Risk Management Program at one of your city council
meetings. I would make the presentation. The presentation would be a short overview
on RMP with a brief history of the Pine Bend Industrial Group and an explanation on
the flyer.
Should you be interested in a short presentation please call David Gisch, Coordinator
Dakota County Emergency Services at 651-438-4709 to finalize the details.
Sincerely
mb
David M. Gisch, Coordinator
Dakota County Emergency Services
cc: Don Gudmundson, Sheriff
Dakota County
Printed on Recycled Paper
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To increase public safety, the U.S. Environmental Protection Agency (EPA) requires businesses that make, use or store
certain toxic or flammable chemicals to prepare risk management plans. Approximately 66,000 facilities throughout the
United States must comply with these new regulations by June 21, 1999. Six of those facilities have come together to
form the Pine Bend Industrial Group. This group is working to develop a consistent approach to risk management
planning and to seek the assistance of local citizens and officials to find the best ways to communicate those plans.
The intent is to prevent accidents and enhance the response planning of local and county emergency professionals. In
fact, these plans are developed with the full participation of local emergency response planners.
Are there new risks
for our community?
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Absolutely not. These local companies have been in business for many
years. They continually work with local emergency response planners
to develop the best accident prevention and emergency response
plans possible. For example, Wakota CAER, an organization of local
industry and public safety organizations in southern Washington
and northern Dakota counties, was formed 13 years ago to develop
integrated community emergency response plans for chemical or
. narural disasters. This is just another aspect to keeping the public
informed, similar to other community right to know initiatives. The
new regulations will only make good plans better.
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What kinds of
chemicals are we
talking about?
Ammonia, chlorine and propane, to name a few. These chemicals
have many uses, from manufacruring products that we use every day, to
treating drinking water and supplying energy. \Vhile the chemical and
refining industries come to mind, other major users or distributors of
these chemicals include agricultural retailers, municipal treatment
facilities, cold storage plants. meat packers and dairies.
commun tv
:> what's In these
risk management plans
that's of interest to me?
About the Pine Bend
lndustri~\ GrnUT)
The companies will tell you in plain English what impact
accidental releases of these chemicals will have on the
public and the environment. They'll tell you about any
accidents involving these chemicals that have occurred at
their facilities over the past five years and improvements
made to their facilities to prevent future occurrences. Most
importantly, you'll know what these companies are doing
to prevent accidents in the first place and how they're coor-
dinating response plans with local and county emergency
cofessionals.
In general, the Risk Management Plan regulation requires
all facilities that handle hazardous substances to design
and maintain a safe plant, identify hazards and minimize the
consequences of accidental releases. Many of the require-
ments are already being addressed through other federal and
state regulations.
In addition, this regulation requires facilities, which meet
regulated substance storage criteria, to make their Risk
Management Plan available to the general public through an
EPA web site.
The Pine Bend Industrial Group, under the guidance of
the Dakora County Emergency Services office, has been
meeting to share information around safety, emergency
preparedness and risk management.
What do the RMP
programs entail?
The EPA requires that this report address three key
elements: Hazard Assessment, Accident Prev~ntion, and
Emergency Preparedness and Response.
The first element of the pLan is the Hazard Assessmen t.
This assessment evaluates the potential effects of an
dccidental chemical release taking into account certain
weather conditions. In addition, part of the Hazard
Assessment is an accidental release history. For each of the
chemicals evaluated, a review was conducted of releases
which occurred during the past five years.
The second element in the Risk Management Plan
is Accident Prevention. This section documents those
programs such as operating procedures, training, auditing,
invesrigating and safety systems which are utilized to prevent
accidents.
try
Finally, the Emergency Preparedness and Response section
outlines the planning, sysrems, procedures and equipment
each facility maintains for managing an emergency event.
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1. CF Industries
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2. Continental Nitrogen
3. DPC Industries
Inver Grove Heights
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5. Northern States Power
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4. Koch Petroleum Group
6. Spectro Alloys
42
Rosemount
What should I do in
the event of a release?
What should I do if
I smell gas?
Sheltering in place is considered to be a proven method of
protecting yourself and your family in the event of an acci-
dental release. As soon as you hear a warning, you should:
If you smell a strong gas odor inside your home:
1. Remain calm.
2. Go quickly inside your house or the nearest building.
3. Close all windows and doors.
4. Turn off all heating and cooling systems.
5. Place wet, clean towels under doors.
6. Keep everyone in a room that has the fewest windows
and doors.
7. Tune your radio to a local emergency alert station -
WCCO-AM (830) - to listen for further instructions.
1. Get everyone out of the house immediately.
2. Do not touch light switches, spark generating items or make
phone calls - an electric spark could cause an explosion.
3. Leave the affected area and call 911 and the gas utility.
4. Do not assume someone else reported the release.
If you smell an odor outside your home:
1. Leave the area immediately.
2. Alert your neighbors. Avoid spark generating activities such
as starting your car.
3. Call 911 and the gas utility.
4. Put all gas leaks in the hands of the experts. They can fix
them quickly and safely.
VIII-C-2 & 3
MEMO
Date:
Honorable Mayor and City council memb,~;: I
Lori A. Webster, Finance Director ~
1998 Comprehensive Annual Financial Report (CAFR) and Audit
Managemeng Report
June 17, 1999
To:
From:
Subject:
Included with this packet you will find the Ci1y's 1998 Comprehensive Annual Financial
Report, The Audit Report on Legal Compliance, and The Audit Management Re.port (
Memorandum on Accounting Policies and Procedures and Internal Control.
Audit Partner, Jennnifer Thiennes will be present at the ci1y council meeting to brietly
discuss the Ci1y Audit.
Also, Ms. Thiennes and another representative will be on hand for the Ci1y Finance
committee meeting at 5:30pm.
If you should have any questions regarding the audit report or the financial report, please
feel free to contact me.
Recommended Council Action
Accept the above referenced reports.
FM&C
VIII-C-4
Donald J. Fluegel'
Shawn M. Moynihan
Jack W. Clinton ..
Joan M. Fluegel
FLUEGEL, MOYNIHAN & CLINTON, PA
Attorneys At Law
1303 South Frontage Road, Suite 5
Hastings, MN 55033-2477
Telephone 651-438-9777
Fax 651-438-9775
January 25, 1999
Mayor Michael D. Werner
and City Council Members
Hastings City Hall
101 East Fourth Street
Hastings, MN 55033
RE: Revised Pawn Shop Ordinance
Dear Mayor and City Council Members:
The city council is being asked to approve the first reading of a
revised pawn shop ordinance. The city council is also being asked to
schedule a public hearing and second reading of this ordinance for the first
city council meeting in July.
For the past several months, Investigator Val Scharfe and I have been
working to completely revise the city's existing pawn shop ordinance. The
results of that work is being presented to the council for a first reading.
Enclosed in the council packet is a memorandum from Val Scharfe which
explains the basis for asking the council to approve the revised pawn shop
ordinance.
Investigator Scharfe and I have met with Robert Bohn and Juanita Bohn
'garding this proposed ordinance. We have incorporated some of their
~Jmments and concerns into this revised draft. We may be meeting with the
Bohns one more time prior to the second reading to get additional input from
them.
Staff Recommendation. Staff recommends the council approve the first
reading of the revised pawn shop ordinance and schedule a public hearing and
second reading for the first council meeting in July.
Very truly yours,
FLUEG,"'JOYN1HAN &
~~
Shawn M. Moynlhan
City Attorney
SMM:sjt
Enclosure
cc: Robert and Juanita Bohn
. Also admitted to practice in Wisconsin
.. Certified as a Real Property Law Specialist by Minnesota State Bar Association
June 17, 1999
To: Hastings City Council Members
From: Valerie Scharfe, Investigator
Hastings Police Department
RE: Automated Pawn Shop Ordinance
Enclosed you will find the proposed Automated Pawn Shop Ordinance that we hope
to replace the current Pawn Shop Ordinance.
The Automated Pawn System (APS) is currently in use in numerous cities throughout
Minnesota and is used by several cities outside of Minnesota and in Canada. Attached to
this memo is a list of cites for your reference. It is extremely easy to use and has already
proven beneficial in solving criminal cases in Hastings and Dakota County. Most
recently it proved beneficial in helping to solve the recent string of daytime burglaries
that occurred just south of Hastings.
The APS is basically a central data base that is maintained by the Minneapolis Police
Department. Every day as the pawn shop makes transactions into their computer,
including pawns, buys, trades, or redemption, it is downloaded into the central data base.
That information is then sent to our department and is also available to any of the
numerous departments that have access to the APS. At anytime I can look up a specific
resident or item and have every pawn shop in the metro area checked for the criteria I
have selected. I can also monitor our local pawn shops more closely because I will be
notified by the APS when items are reported incorrectly. Currently, when transactions
occur at the store, they are entered into the store computer and then we will receive the
pawn slips and have to enter them into our computer. Other jurisdictions would have to
call us directly to search for items and the entries are extremely time consuming.
To be included in the APS , a licensing agreement must be signed with the City of
Minneapolis. We also need a computer and a network connection with a 56k modem.
The City of Minneapolis charges a one time connection fee of$1050.00 and they provide
the training to use and maintain the APS. The training consists of one person attending
an 8 hour class and one or more persons attending a 2 hour basic user course. The person
attending the 8 hour class will be the main operator/monitor of the APS. The daily cost
of monitoring the system is charged to the pawn broker.
License classes are broken up into two groups. Businesses with 400 transactions or
less do not need to be on the APS. Businesses with over 400 transactions are required to
join the APS but are still subject to the ordinance. Each time a billable transaction is
reported to APS the city is charged $1.00. This amount is billed to us every month. We
then add .50 cents for each transaction to cover the cost of our maintenance. The city then
bills the Pawnbroker. The business will usually put this charge on the transaction as a
service fee and the customer pays it. The Old Mill Pawn Shop did between 2000 to 3000
transactions last year but not all would be billable transactions.
The APS is basically self-supporting and our department will be reimbursed from the
businesses for the cost of having to monitor them. In conversations I have had with Lt.
Phil Hafvenstein, the Commander of the License division in Minneapolis, he stated that
he did not find any complaints of losing business as a result of the additional $1.50
service fee. The interest rate charged at our local pawn shop is 360%. A $300 item
pawned for 30 days will net them $91.00. An additional $1.50 at the initial onset of the
transaction has not deterred other people in other cities from pawning their items.
The local pawn shop currently has APS compatible soft ware. There is a list enclosed
of some of the software being used by metro area pawn shops. Old Mill Pawn is
currently using Pawn Power. I have had several conversations with the sellers of this
program and they advised that the few changes that would have to be made would not be
very expensive. The APS does require their own file specifications that would need to be
given to the pawn shop. These specifications are very detailed and list just about every
make, model, or brand of any item and the program can then recognize when items are
entered incorrectly or the serial number does not match the criteria for their specific
product. The reporting procedure is very accurate. These specifications will be provided
to the pawn shop when they convert their system to be APS compatible.
The ordinance enclosed is very close to the Minneapolis ordinance but has been
modified to fit the needs of our department. I have been tasked to monitor the Old Mill
Pawn Shop for 3 years. I have identified several areas of concern and we did include
safeguards for these in the ordinance. I have also spoke often with Minneapolis Police
department and Lt. Hafvenstien has advised me where they have had problems with their
ordinance and what we could do in ours to avoid those problems. The ordinance is very
thorough and has been in use in for several years in other cities. It has proven its
effectiveness many times.
If you have any questions regarding the APS ordinance or billing method, please call
me and I will help in anyway I can.
Sincerely,
u C'~~~'- S(\~/~
Valerie Scharfe, Investigator
Hastings Police Department
..
""
M'SBA
...
Summer 1997
Volume VI, Issue 4
P -'lie Law Section
Executive Council
Judge Allen Giles, Co-Chair
Kim Buechel Mesun, Co-Chair
Nancy W. McLean, Secretary/Treasurer
Greg Brooker
Robert Ellingson
Joan Humes
Warren Sagstuen
Dan Scott
Harriet Sims
Judge John Stanoch
Margaret Westin
Newsletter Committee
Xi... Buechel Mesun, Co-chair
1. / E. Miller, Co-chair
Terry L. Adkins
. Thomas H. Frost
Candice M Hojan
Mark Kerr
Martha Krikava
Nancy W. Mclean
H. Camilla Nelson
Judge John M Stanoch
Corrine H.Thomson
Ronald L. Whitehead
Lloyd Zimmerman
Other PLS Committees
Data Pra~ti~es: Brian Asleson and
Tracy Smi rh, Co-Chairs
Erhi~s: Kurr Erickson and Martin Cole, Co-ChaIrs
Law Oerk: Melissa Eberhart, Chair
Local Government: Kar~n Cole, Chait
Public Law
News
A Publication of the Minnesota State Bar Association Public Law Section
Table of Contents
Ethics for Public Lawers Q.E
The Open Meeting Law, The Data Practices
Act, and E-Mail
Dayle Nolan and C. Erik Hawes
3
Section Council Elections
4
Office Profile: Minnesota Client Security Fund
Tums 10 on July I. 1997!
Kim Buechel Meson
5
The New Era in Pawnshop Regulation
Ron Whirehead
7
Effective Practices Identified for Prosecuting
Non-Felon Offenses (Summaty)
9
Scate and Tribal Jurisdiction
feri Aune
11
HCBA Pro Bono Publico Award
12
Pro Bono at the Minnesota Attorney General's Office
P. Kennerh Kohnsramm
13
AnnouncementS
17
Public Attorneys on the Move
17
Eyes on the Couns
CandiceM. Hojan
18
Committee Reports
20
Judicial Elections Task Force
CandiceM. Hojan
21
UJXoming Q.E Seminars
22
Department of Administration Commissioner's Opinions Index
23
The New Eta in Pawn~hop Regulation
(Regulating our Fringe Bankers)
By Ronald Whitehead, Bloomington
Police Department
There was a time when pawnshops were
consid~red f",rures in commercial areas of
our central and inner citi~. Most people
rDtognized that pawnshops had a place,
but that their place was cleatly not in the
midst of out suburban communities. The
assumption that pawnshops were an inner
ciry phenomena was so well fIXed that in
the eatly 1980s, when such businesses
began migrating to the suburbs, most of
the suburban communities did not have
pawnshop regulatory schemes in plac.. To
pawnbrokers locating in suburban
communities, this lack of regulation gave
them a distinct advantage ov.r their
central ciry competitors. To many of the
suburban residentS, the new pawnshops.
reptesented the first signs of creeping
urban decay. These conflicts led to
interesting and often cumultuOUS
respons.s as communities realized theit
newest business, a pawnshop, had come to
town.
There is very litde agreement as to why
the number of pawnshops has grown so
dramatically over the last 10-15 years. In
fact, no one would have guc:1lsed that
franchised pawnshops would become a
growth indUStry of the I990s and that
their stock would be traded on the N.w
York Stock Exchange (See: PWN Cash
America; EZPW BZ Corp.; PAWN First
Cash; and USPN U.S. Pawn). Commenta-
tors ftequently attribute the increasing
number of pawnshops to the incr..... in
commercial gambling, as was discussed in
an April 1996 Readers Digest an:icle by
Olris Ison and Dennis J. McGrath .ntitled
Gambling's Toll in Minnesota - When a
Srare ugalizes Gambling, Everyom: Pays.
Others point to rising ptoperty crime
rates, as suggested in a comprehensive
seri.s of articl.s in Brown Counry's South
Florida Sun-Senrine/ during the w..k of
November 24-27,1996 (availabl. .at herp://
www.sun-sentinelcom/news/
pawnintro.htm). Although it may be
difficult to demonstrate a direct relation-
ship betw.en these and other evils
associated with pawnshops, most
authoriti.s agree that the pawn industry
can be easily subv.n:ed to criminal
enterptis. if it is not closely t.gulated.
By the sam. token, expertS ate beginning
to tealize that pawnshops address a need
of a substantial number of people, many of
whom live in suburban communities. In
fact, pawnshops and check cashing services
are commonly ref.rred to as "fringe
bank.rs," a charact.rization based upon
estimat.s that pawnshops and ch.ck
cashing s.rvic.s are providing banking
services to the 20% of the WOtking
population in the United States who do
not have access to traditional banking and
lending institutions. Marker Warch,
Financial World, ~ptember 16, 1996 at
16. See also John P. Caskey, Fringe
Banldng: Check-cashing, Pawnshops and
the Poor, (Book tevi..... by Andrea C
Dragon) Society, September/OctOber 1996
at 93. While this may l.nd some
credibility and utility to the pawn industry
as a whole, it does DOt d.eract from the
fact that the pawn business requires close
regulation to prevent abuses.
As previously indicated, the r.gulation and
monitoring of pawnshops in Minnesota is
largely a matter of local control There is a
long histoty of pawnshop regulation
throughout the country. However, there
had nev.r be.n a n.ed to promulgate a
statewide policy. Th. tities of Minneapolis,
St. Paul and Duluth all had compr.h.nsiv.
pawnshop ordinances. As pawnshops
migrat.d into suburban and rural areas,
the aff.cted communiti.s relied upon the
regulatory schemes of the latg.r citi.s as
they rush.d to implement local pawnshop
ordinances. As a result~ mOSt communities
in the Minneapolis/St. Paul m.tropolitan
3t.3 have similar pawnshop ordinances,
except that each regulatory scheme
establishes a discrete record system of its
own.
Pawnshop regulation did not tis. to the
level of a statewide issue until 1996 when
the Minn",ota Legislarure passed the
Pawnbroker Regulation Act which is
codified in Minnesota Statut.s Olapter
325J. If the truth be known, the Pawnbro-
ker Regulation Act was not SO much a
matter of creating a uniform regulatory
scheme for pawnshops as it was a matt.t
of authorizing th.ir continued existence.
At the time, there was a real concern that
the state's usury law might be invok.d
against the pawnshop industry
whith would have
effectively shut them
down. Aside from
providing for the
continued existence
of the pawnshop
industry, the
Pawnbroker
Regulation ACt
did promulgate
minimum
C~
standards for
pawnshop
licensing and record keeping based upon
preexisting norms.
On. el.ment lacking from this progrcs-
. sion, however, is an expanding strat.gy to
assure that pawnshops are nOt used as
unwitting accnmplices in the disposition of
stolen properry. Although pawnshop
r.presentatives claim that only one-half of
on. percent of their merchandise is
identified as stolen. most law enforcemeot
officials .stimate that the percent is much
high.t. In fact, law enforcement off'u:ials
generally agree that the migration of
pawnshops to multiple jurisdicrions has
benefited the criminals who s.ek to use
pawnshops as a means of disposing of
Stol.n pro perry by decentraJizing the
recor~s and reports of their transactions.
7
For example, a burglar from Richfield can
pawn a television in Bloomington shordy after
the burglary and a connection will probably
never be made since the Richfield Police
Department does Qat routinely access
Bloomington's pawn records, nor does the
B!oomington Police Department routinely
access Richfield's crime reportS. Expand this
view to the entire state and consider the fact
that there were 37,540 burglaries and
139,750 theftS in Minnesota in 1995. The
one-half of one percent of pawnshop merchan-
dise chat is identified as stolen is generally the
result of serial number matches made by
searching the National Crime Information
Center (Nao stolen properry records.
UnfortUnately, most crime victims do not have
the serial numbers for their stolen properry,
and when they do, that informarion fre-
quently does not get entered intO Na c .
records until long after the pawnshop inquiry
has been made. Although chis regularory
scheme may have been effective years ago
when there were only a f~ pawnshops
located downtown, it has proven to be an
inefficient and ineffective way of doing
business in the current environment.
The limitations of these traditional methods of
monitoring and regulating pawnshops has
been the subject of considerable discussion in
the cities of Minneapolis and St. Paul. While
both co=uniries have long histories of pro-
active pawnshop regulation, it .was recognized
that labor intensive merhods which relied
upon card mes and manual comparisons. could
not be sustained. They also recognized thar ro
achieve one of the primary objectives of
pawnshop regulation. the elimination of the
opportuniry for pawnshops to be unwittingly
used to dispose of stolen properry, the pawn
transaction database had ro be made available
to law enforcement throughout the region.
The result of that effort is the implementation
of a n~ regulatory scheme of automated
pawn records with the potenrial for that
database to be made available to police
investigators throughout the State. In fact, a
1996 amendment to the Minnesota Data
Practices Act allows public access to pawnshop
property descriptions so that crime victims
themselves might be able to search pawnshop
properry records for their stolen property.
Under the Automated Pawn System Tl<, or
Aps™ as it is known, pawnshop transactions
are reported to a central computer via modem
every night. Property information, person
information, and other transaction information
is a'vailable to police investigators within a day
of the pawn transaCtion. This information is
also made available for regularory and
- compliance monitoring at the same time.
Although APS"" relies upon the basic
reporting requirements of prior regulatory
schemes. it imposes a standard for automation
that will facilitate broad aCcess and inquiry
against the database. ApsTl< also contemplates
the addition of video imaging capabilities to
its data base, so chat video images of the
person pawning property and of unique items
of property can be digirally transferred to the
pawnshop database nightly.
From the regulatory side, ApsTl< is designed
to eliminare most of the manual work
associated with compliaoce monitoring. New
pawn data is automatically acquired every
Iiight and added to the existing pawn
transaction database. APSTl< provides for a
multitude of management reportS, including
random inventory reports designed to
facilitate periodic compliance measures and
site inspections. The system also contemplares
the ability to provide notices and "aleres" to
pawnshops, to co=unicate police holds on
property to pawnshops and the local police
department, and to identify questionable
transactions to local authorities.
The regulatory side of ApsTl< is enhanced by
the fact chat pawn data will be available to
law enforcement on a regional basis or at least
to those co=unities who wish to get
involved. It will be an easy matter for
investigators to determine whether a suspect
in a theft or burglary has pawned any
property or whether items of property. such
as a RCA XL 100 color television and Jerold
AM/FM stereo tuner, have curned up in a
pawnshop. As a practical issue, a Richfield
investigator is not presently able to call every
community with a pawnshop to determine
whether those items might appear. yet under
APSTM, chat same investigator can easily
check the burglary loss against a common
database covering pawn transactions from the
entire metropolitan area.
To facilitare these objectives, ApsTl< has relied
upon well~Stablished communicaiton
standards and is designed to be extremely
flexible. Although pawnshops are required to
auromate their records to implement ApsTl<.
no particular software program is required.
ApsTN also contempltes substantial autonomy
in the regulatory scheme by allowing
different holding periods, different reporting
requirements. and different methods of
processing and reporting potential stolen items.
To access ApsTN. communities will simply need a
micro-computer and a modem.
Development coses for this sYSt~ have been
considerable; however, ApsTN is designed to pay
for iteself. Development and operational costS of
the system will be recovered over a five-year
period by allocating those COStS to each licensed
business on a per transaCtion basis. Under APST)4,
pawnshop license fees are determined for each
business based upon the number of their pawn
transactions. Sincc.this StruCture associates acrual
COStS with the bwiness creating those costS, it is
much more equitable sYStem and thus eliminates
many of the problems associated with document-
ing licensing fees.
For communities with licensed pawnshops,
ApsTl< offers an adaptable solution to moSt of
the problems associated with regulating a local
pawnshop. Pawnshop transaction data will be
acquired auromatically and added to the
database every night. This dara will be available
to the licensing community the next day. The
accessibility of its database to other co=unities
will eliminate the labor intensive task of
responding to requests to check the pawnshop
records for items of scolen property. The
community will also have aCcess from a single
source to pawnshop data from all other
participating communities.
At the preseor rime, APS"" is well intO itS
implementation srage. Both Minneapolis and St.
Paul have begun their initial data transfer
teSting with their pawnshops. This process will
be completed before chis article is published, and
a number of suburban communities have
similarly passed ApsTl< style ordinances requiring
their pawnshops to automate aod prepare to
transfer data to APS™ as soon as it comes on
line. Legal issues associated with APSTl< were
researched extensively by rhe Minneapolis City
Attorney's Office prior to its implementation.
The ordinance, itself, is consistent with the
requiremeor of the Pawnbroker Regulation Act.
and the new regularory scheme is compatible
with preexisting regulatory Structures. For
further information about ApsTl< and pawnsbop
regulations, contaCt Lt. Phil Hafvenstein.
Commander of License Inspection Unit,
Minneapolis Police Department, 350 S. Fifth St..
#1-A. Minneapolis MN 55415-1314; phone
6121673-3829; e-mail
71513.1300@CompuServe.com
Auromared Pa wn Sysrem™ and AP5™ are
rrademarks of tbe City of Minneapolis.
l\1innesora..
8
Current Automated Pawn System™ Point of Sale Vendors
There are four point of sale vendors currently being used by various pawn shops that upload to
the Automated Pawn System™. While none of these are "out of the box" ready to run APS
compatible, all of them have demonstrated their ability to be set-up and modified to provide the
required transaction information in accordance with the APS File Interchange Specifications.
It is highly recommended that pawn shops require any point of sale software vendor they select
to guarantee in writing that they will provide and support to be APS File Interchange
Specification standards. Pawn shops are also encouraged to contact other dealers who are part of
the APS system and ask them for their recommendations, suggestions. All the APS pawn dealers
have been very willing to help when asked.
it
Point of Sale Vendor Examples of Current Users
PawnDex Pawn America
Teknon Inc
2932 Nw 122
Oklahoma City, OK 73120-1955
Phone: (405) 755-6710
CompuPawn Cash 'N Pawn
Vertical Computer Systems Cadillac Pawn, Minneapolis
3201 W Commercial Blvd
Fort Lauderdale, FL 33309-3440
Phone: (954) 484-5311
PawnMaster Hy's Loan, Minneapolis
Data Age Business Systems Inc H&J Pawn, Minneapolis
5281 Park N Gardner Loan, Minneapolis
Saint Petersburg, FL 33709-1011 JJ Jewelry & Pawn, S1. Paul
Phone: (727) 544-3003 Midway Jewelry and Pawn, St. Paul
Pawn Power > , Lincoln Pawn, S1. Paul
Power Software
12570 NE 7th AVe
Miami, FL 33161-4834
Phone: (305) 895-2627
.
Pawn for Windows (Currently testingfor APS compliance)
RA Consulting
Mr. Rick Behrens
1045 Yale
Palatine, IL 60067
Phone: (847) 202-6460
,
, ,
F:\SYSADMlN\POSvendorsICurrent APS POS.doc
2/99
Automated Pawn System m Sel"Jiee
A.pri11999
Jurisdictions that have
requested and received APS
Service information
Anoka county Attorney
Ano\l'.a County Sheriffs
Association
Becker County Sheriff
Brooklyn Park PD
Cha~a PO
Cottage Grove PD
Dakota County Chiefs of Police
Fergus Falls PO
Fridley PO
Assooiation
lino lakes PO
Litchfield PO
Litlle Canada PO
Martin County Sheriff
Ramsey City Atty
Ramsey Sheriff
Rochester PD
Roseville PO
South st. Paul PO
St. Louis County Sheliff
St. Lollis lark 'PO
Tri-County Investigator Assoc.
Wright County Sheriff
Jurisdictions that have
- requested APS Software
License and Service
Agreemenb;
Alexandria PD
Apple Valley PO
....Bmoklyn Center PD
Columbia HeightS PD
Crystal PO
Eagan PO
Eden Prairie PO
-Faribault PO
Grand Rapids
Hopkins PO
""Hastings Police Dept.
Lakeville PD
New Brighton PD
Northfield PO
Maple Grove
....Red Wing PO
Stillwater PD
Jurisdictions that have requested APS information
Austin, TX Canada
Chicago, IL Edmontoo
Dallas, TX Toronto
Fort Lauderdale, FL Vancouver
Miami, Fl Ottawa
Orange County, Fl
Salt Lake City, UT
Sioux Falls, SO
Tulsa, OK
Pasco County, Fl
p:\word\aps\cO~t;1ds\!forrn~\growth.dQC
05-14-1999 10:04AM
612 673 3399
Jurisdieijons that have
signed Software .License and
Service A~reernents
Belle Plaine
"Blaine PO
.Bloomington PO
*Burnsville PO
""Carver County Sheriff
"Coon Rapids PD
Dakota County Sheriff
Edina PD
Ellc.o-New Market
Golden Valley
Hennepin County Sheriff
Jordan
LeSeuer County Sheriff
.Minneapolis
Minnetonka
New Hope
New praque
Plymouth
Prior Lake
*Robbinsdale PO
-Rice County Sheriff
"Richfield
Scott County Sheriff
.Shakopee
*St. Paul
Savage
Washington County Sheriff
"West St. Paul PO
. CoIIllibuting lwiscfillliOI1$
.. Data contributol'/ordinance pending
Inquiries from Major Cities
Chiefs Conference
Honolulu. HI
Dallas, TX
Detroit, MI
Tulsa, OK
Baltimore County, MD
Nassau County, NY
Columbus, OH
Cl'larlotte, NC
Memphis, TM
P.02
AN ORDINANCE OF THE CITY OF HASTINGS
DELETING, IN ITS ENTIRETY, CURRENT CITY CODE S5.45
TITLED PA WN BROKERS AND REPLACING IT WITH
NEW PAWN REGULATIONS TO BE CODIFIED AS S5.45
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS
FOLLOWS:
L Existing Hastings City Code 95.45 is hereby deleted in its entirety and replaced with the
following new provisions which are to be codified as Hastings City Code 95.45.
Sec. 5.45 - Pawn Brokers.
Subd. 1. Purpose. The city council finds that services provided by pawnbrokers provide an
opportunity for the commission of crimes and their concealment because pawn businesses have
the ability to easily and quickly receive and transfer property stolen by others. The city council
also finds that consumer protection regulation is warranted in transactions involving
pawnbrokers. The city council further finds that the pawn industry has outgrown the city's
current ability to effectively or efficiently identify criminal activity related to pawn shops. The
purpose of this section is to prevent pawn businesses from being used as facilities for the
commission of crimes and to assure that such businesses comply with basic consumer protection
standards, thereby protecting the public health, safety, and general welfare of the citizens of the
city.
To help the police department better regulate current and future pawn businesses, decrease and
stabilize costs associated with the regulation of the pawn industry, and increase identification of
criminal activities in the pawn industry through the timely collection and sharing of pawn
transaction information, this section also implements and establishes the required use of the
automated pawn system.
Subd. 2. Definitions. When used in this section, the following words shall mean:
Pawnbroker. Any natural person, partnership or corporation, either as principal, or agent or
employee thereof, who loans money on deposit or pledge of personal property, or other valuable
thing, or who deals in the purchasing of personal property, or other valuable thing on condition
of selling the same back again at a stipulated price, or who loans money secured by chattel
mortgage on personal property, taking possession of the property or any part thereof so
mortgaged. To the extent that a pawnbroker's business includes buying personal property
previously used, rented or leased, or selling it on consignment, the provisions of this section shall
be applicable.
Reportable transaction. Every transaction conducted by a pawnbroker in which merchandise is
received through a pawn, purchase, consignment or trade, or in which a pawn is renewed,
extended or redeemed, is reportable except:s
1
(a) The bulk purchase or consignment of new or used merchandise from a merchant,
manufacturer or wholesaler having an established permanent place of business, and the retail sale
of said merchandise, provided the pawnbroker must maintain a record of such purchase or
consignment which describes each item, and must mark each item in a manner which relates it to
that transaction record.
(b) Retail and wholesale sales of merchandise originally received by pawn or purchase, and
for which all applicable hold and/or redemption periods have expired.
Billable transaction. Every reportable transaction conducted by a pawnbroker except renewals,
redemptions or extensions of existing pawns on items previously reported and continuously in
the licensee's possession is a billable transaction.
Subd.3. License required. No person shall engage in the business of pawnbroker at any location
without a pawnbroker license for that location. No pawnbroker license may be transferred to a
different location or a different person. Issuance of a license under this section shall not relieve
the licensee from obtaining any other licenses required to conduct business at the same or any
other locations.
Subd. 4. License classifications. Licenses renewed under provisions of this section shall be
classified according to the number of billable transactions submitted annually to the Hastings
Police Department during the twelve (12) month period ending March 31 prior to renewal. The
classifications shall be:
Class A - Licensees that submitted four hundred (400) or more transactions.
Class B - Licensees that submitted fewer than four hundred (400) transactions.
Subd. 5. License Fees. (A) The annual license fees for each class oflicenses issued under this
section shall be established by resolution of the Hastings City Council:
The annual license fee shall be payable semi-annually in accordance with procedures
established by the city council.
(B) The billable transaction license fee shall be classified according to the medium by which
daily reports required by Subd. 9 are submitted to the Hastings Police Department. These
classifications shall be as follows:
Modem - Required of all Class A licensees, optional for Class B licensees.
Manual - Required of all Class B licensees who do not fulfill Class A reporting
requirements.
2
(C) The billable transaction license fee shall reflect the cost of processing transactions from the
respective classifications and other related regulatory expenses as determined by the city council,
and shall be reviewed and adjusted, if necessary, at least every six (6) months. Licensees shall be
notified in writing thirty (30) days before any adjustment is implemented. The billable
transaction fee for modem transactions shall not exceed the billable transaction fee for manual
transactions.
(D) Billable transaction fees shall be billed monthly and are due and payable within thirty (30)
days. Failure to do so is a violation ofthis section.
Subd. 6. Investigation fee. An applicant for a new license under this section, or for the renewal
of an existing license that is more than six (6) months past due, shall deposit one thousand five
hundred dollars ($1,500.00) with the city clerk at the time an original application is submitted to
cover the costs involved in verifying the license application and to cover the expense of any
investigation needed to assure compliance with this section. If the investigation process is
conducted solely within the State of Minnesota, the fee shall be five hundred dollars ($500.00)
and the remainder ofthe deposit shall be returned to the applicant upon completion of the
investigation. If the investigation is conducted outside the State of Minnesota, the city may
recover the actual investigation costs not exceeding ten thousand dollars ($10,000.00).
Subd. 7. Expiration oflicense. All licenses shall expire on July 1st.
Subd. 8. Application required. (A) Contents. An application form provided by the city clerk
and consumer services must be completed by every applicant for a new license or for renewal of
an exi,sting license. Every new applicant must provide all the following information:
(I) Ifthe applicant is a natural person:
a. The name, place and date of birth, street resident address, and phone number of
applicant.
b. Whether the applicant is a citizen of the United States or resident alien.
c. Whether the applicant has ever used or has been known by a name other than the
applicant's name, and if so, the name or names used and information concerning dates and places
used.
d. The name of the business ifit is to be conducted under a designation, name, or style
other than the name of the applicant and a certified copy of the certificate as required by
Minnesota Statutes, Section 333.01.
e. The street address at which the applicant has lived during the preceding five (5) years.
3
f. The type, name and location of every business or occupation in which the applicant has
been engaged during the preceding five (5) years and the name(s) and addressees) of the
applicant's employer(s) and partner(s), if any, for the preceding five (5) years.
g. Whether the applicant has ever been convicted of a felony, crime, or violation of any
ordinance other than a traffic offense. If so, the applicant must furnish information as to the
time, place, and offense of all such convictions.
h. The physical description of the applicant.
I. Applicant's current personal financial statement and true copies of the applicant's
federal and state tax returns for the two (2) years prior to application.
j. If the applicant does not manage the business, the name ofthe manager(s) or other
person(s) in charge of the business and all information concerning each of them required in a.
through h. of subparagraph (1) of this subdivision.
(2) If the applicant is a partnership:
a. The name( s) and address( es) of all general and limited partners and all information
concerning each general partner required in subparagraph (1) of this subdivision.
b. The name(s) of the managing partner(s) and the interest of each partner in the licensed
business.
c. A true copy of the partnership agreement shall be submitted with the application. If
the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes,
Section 333.01, a certified copy of such certificate must be attached to the application.
d. A true copy of the federal and state tax returns for partnership for the two (2) years
prior to application.
e. If the applicant does not manage the business, the name of the manager(s) or other
person(s) in charge of the business and all information concerning each of them required in a.
through h. of subparagraph (1) of this subdivision.
(3) If the applicant is a corporation or other organization:
a. The name of the corporation or business form, and if incorporated, the state of
incorporation.
b. A true copy of the Certificate ofIncorporation, Articles of Incorporation or
Association Agreement, and By-Laws shall be attached to the application. If the applicant is a
foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06,
must be attached.
4
c. The name of the manager(s) or other person(s) in charge ofthe business and all
information concerning each manager, proprietor, or agent required in a. through h. of
subparagraph (1) of this subdivision.
d. A list of all persons who control or own an interest in excess of five (5) percent in
such organization or business form or who are officers of the corporation or business form and
all information concerning said persons required in subparagraph (1) above. This subparagraph
(d), however, shall not apply to a corporation whose stock is publicly traded on a stock exchange
and is applying for a license to be owned and operated by it.
(4) For all applicants:
a. Whether the applicant holds a current pawnbroker, precious metal dealer or
secondhand goods dealer license from any other government unit.
b. Whether the applicant has previously been denied, or had revoked or suspended, a
pawnbroker, precious metal dealer, or secondhand dealer license from any other governmental
unit.
c. The location of the business premises.
d. If the applicant does not own the business premises, a true and complete copy ofthe
executed lease
e. The legal description of the premises to be licensed.
f. Whether all real estate and personal property taxes that are due and payable for the
premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid.
g. Whenever the application is for premises either planned or under construction or
undergoing substantial alteration, the application must be accompanied by a set of preliminary
plans showing the design of the proposed premises to be licensed.
h. Such other information as the city council may require.
(B) New manager. When a licensee places a manager in charge of a business, or if the named
manager(s) in charge of a licensed business changes, the licensee must complete and submit the
appropriate application, on forms provided by the Hastings City Clerk, within fourteen (14) days.
The application must include all appropriate information required in this subdivision.
Upon completion of an investigation of a new manager, the licensee must pay an amount equal
to the cost of the investigation to assure compliance with this section. If the investigation
process is conducted solely within the State of Minnesota, the fee shall be five hundred dollars
($500.00). If the investigation is conducted outside the State of Minnesota, the issuing authority
may recover the actual investigation costs not exceeding ten thousand dollars ($10,000.00).
5
(C) Application execution. All applications for a license under this section must be signed
and sworn to under oath or affirmation by the applicant. If the application is that of a natural
person, it must be signed and sworn to by such person; if that of a corporation, by an officer
thereof; if that of a partnership, by one of the general partners; and if that of an incorporated
association, by the manger or managing officer thereof.
(D) Investigation. The Hastings Police Department must investigate the truthfulness ofthe
statements set forth in the application and shall endorse the findings thereon. The applicant must
furnish to the police department such evidence as the department may reasonably require in
support of the statements set forth in the application.
(E) Persons ineligible for a license. No licenses under this section will be issued to an
applicant who is a natural person, a partnership if such applicant has any general partner or
managing partner, a corporation or other organization if such applicant has any manager,
proprietor or agent in charge of the business to be licensed, ifthe applicant:
(1) Is a minor at the time that the application is filed;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed
by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties of a licensee under this section
as prescribed by Minnesota Statutes, Section 364.03, Subd. 3; or
Subd. 9. Records required - reportable transactions. At the time of any reportable transaction
other than renewals, extensions or redemptions, ever} licensee must immediately record in
English the following information by using ink or other indelible medium on forms or in a
computerized record approved by the city clerk. Every form or computerized record must be
consecutively numbered. Any forms or computer records voided shall be reported as well.
(A) A complete and accurate description of each item including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or other identifying
mark on such an item.
(B) The purchase price, amount of money loaned upon, or pledged therefor.
(C) The maturity date of the transaction and the amount due, including monthly and annual
interest rates and all pawn fees and charges.
(D) Date, time and place the item of property was received by the licensee, and the unique
alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the
licensee's records.
(E) Full name, residence address, residence telephone number, date of birth and accurate
description of the person from whom the item of the property was received, including: sex,
height, weight, race, color of eyes and color of hair.
6
(F) The identification number and state of issue from any ofthe following forms of
identification ofthe seller:
1. Current valid Minnesota driver's license.
2. Current valid Minnesota identification card.
3. Current valid photo driver's license or identification card issued by another state or
province of Canada.
(G) The signature of the person identified in the transaction.
(H) Effective ninety (90) days from the date of notification by the Hastings Police
Department, the licensee must also take a color photograph or color video recording of:
I. Each customer involved in a reportable transaction.
2. Every item pawned or sold that does not have a unique serial or identification number
permanently engraved or affixed.
If a photograph is taken, it must be at least two, (2) inches in length by two (2) inches in
width and must be maintained in such a manner that the photograph can be readily matched and
correlated with all other records of the transaction to which they relate. Such photographs must
be available to the chief of police, or the chiefs designee, upon request. The major portion of the
photograph must include an identifiable front facial close-up of the person who pawned or sold
the item. Items photographed must be accurately depicted. The licensee must inform the person
that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place
in the premises. If a video photograph is taken, the video camera must zoom in on the person
pawning or selling the item so as to include an identifiable close-up of that person's face. Items
photographed by video must be accurately depicted. Video photographs must be electronically
referenced by time and date so that they can be readily matched and correlated with all other
records ofthe transaction to which they relate. The licensee must inform the person that he or
she is being videotaped orally and by displaying a sign of sufficient size in a conspicuous place
on the premises. The licensee must keep the exposed videotape for 60 days.
(I) Digitized photographs. Effective ninety (90) days from the date of notification by the
Hastings Police Department, Class A licensees must and Class B licensees may, fulfill the color
photograph requirements in subparagraph (H) of this subdivision by submitting them as digital
images, in a format specified by the police department, electronically cross-referenced to the
reportable transaction they are associated with. Notwithstanding the digital images may be
captured from required video recordings, this provision does not altar or amend the requirements
in subparagraph (H).
7
(1) Renewals, extensions and redemptions. For renewals, extensions and redemptions, the
licensee shall provide the original transaction identifier, the date of the current transaction, and
the type of transaction.
(K) Inspection of records. The records must at all reasonable times be open to inspection by
the police department. Data entries shall be retained for at least three (3) years from the date of
transaction. Entries of required digital images shall be retained a minimum of ninety (90) days.
Subd. 10. Records required - nonreportable transactions. The following information must be
kept for any property on the pawn shop premises which was obtained through any means other
than a reportable transaction. This includes, but is not limited to, property which was obtained at
auctions, property which was found, or property purchased at wholesale or retail.
(a) For property obtained at an auction, the date, place, name of auction company, price paid
and a receipt for each item.
(b) F or property found or purchased at wholesale or retail, the date and location where the
item was found or purchased; the name of the person obtaining the item and a detailed
description of the item and a receipt for purchased items which also shows where the item was
purchased.
Subd. II. Daily reports to police. (A) Method. Licensees must provide to the police department
the information required in Subd. 9 (A) through (F), in writing, on forms approved by the
business day following the date of the transaction. The licensee must display a sign of sufficient
size, and in a conspicuous place in the premises, so as to inform all patrons that all transactions
are reported to the police department daily. Effective ninety (90) days from the date of
notification by the police license inspector, licensees must submit every reportable transaction to
the police department daily in the following manner:
(I) Class A licensees must, and Class B licensees may, provide to the police department the
information required in subdivision 9 (A) through (F), by transferring it from their computer to
the police department via modem. All required records must be transmitted completely and
accurately after the close of business each day in accordance with standards and procedures
established by the issuing authority using a dial-callback protocol or other procedures that
address security concerns of the licensees and the issuing authority. The licensee must display a
sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all
transactions are reported to the police department daily.
(2) Class B licensees who do not fulfil requirements of subdivision 11 (A)(1) must provide to
the police department the information required in subdivision 9 (A) through (F), in writing on
forms approved by the police department, by 12:00 Noon the first business day following the
date of the transaction. The licensee must display a sign of sufficient size, in a conspicuous place
in the premises, which informs all patrons that all transactions are reported to the police
department daily.
8
(B) Billable transaction fees. Licensees, regardless of class, will be charged for billable
transactions at the current rate for the medium by which they were reported to the police
department except:
(I) If a Class A licensee, or a Class B licensee who has consistently reported via modem, is
unable to successfully transfer the required reports by modem, the licensee must provide the
police department printed copies of all reportable transactions along with the video tape(s) for
that date, by 12:00 the next business day, and must be charged at the modem rate for billable
transactions;
(2) Ifthe problem is determined to be in the licensee's system and is not corrected by the
close of the first business day following the failure, the licensee must provide the required reports
as detailed in subdivision 11 (B)(I), and must be charged at the modem rate for transactions
through the close of the first business day following the failure, and at the manual rate for all
subsequent billable transactions until the error is corrected; or
(3) If the problem is determined to be outside the licensee's system, the licensee must
provide the required reports in detail in subdivision II (B)(I), and will be billed at the modem
rate for billable transactions until the error is corrected.
(4) If a Class A licensee, or a Class B licensee who has consistently reported via modem, is
unable to capture, digitize or transmit the photographs required in subdivision 9 (H) and (I), the
licensee must immediately take all required photographs with a still camera, immediately
develop the pictures, cross-reference the photographs to the correct transaction, and deliver them
to the police department by twelve o'clock noon the next business day. Billable transactions will
be charged at the modem rate for transactions through the close of the first business day
following the failure, and at the manual rate for all subsequent billable transactions until the error
is corrected.
(5) Second and subsequent occurrences of circumstances detailed in subdivision 11 (B), (1),
(2) or (4), within any six (6) consecutive months, will be charged at the manual rate for billable
transactions until the error is corrected.
(6) Subdivision II (B) (I) through (5) notwithstanding, the police chief or designee may,
upon presentation of extenuating circumstances, extend the period that a qualifying licensee is
billed at the modem rate for billable transactions.
Subd. 12. Receipt required. Every licensee must provide a receipt to the party identified in
every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The
receipt must include at least the following information:
(A) The name, address and telephone number of the license business.
(B) The date and time the item was received by the licensee.
(C) Whether the item was pawned or sold, or the nature of the transaction.
9
(D) An accurate description of each item received including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or other identifying
mark on such an item.
(E) The signature or unique identifier of the licensee or employee that conducted the
transaction.
(F) The amount advanced or paid.
(G) The monthly and annual interest rates, including all pawn fees and charges.
(H) That last regular day of business by which the item must be redeemed by the pledger
without risk that the item will be sold, and the amount necessary to redeem the pawned item on
that date.
(I) The full name, residence address, residence telephone number and date of birth of the
pledger or seller.
(J) The identification number and state of issue from any of the following forms of
identification of the seller:
I. Current valid Minnesota driver's license.
2. Current valid Minnesota identification card.
3. Current valid photo driver's license or identification card issued by another state or
province of Canada.
(K) Description of the pledger or seller including approximate sex, height, weight, race, color
of eyes and color of hair.
(L) The signature ofthe pledger or seller.
(M) The printed statements required by MN Statute 3251.04, subdivision 2, as follows:
(I) The statement that "Any personal property pledged to a pawn broker within this
state is subject to sale or disposal when there has been no payment made on the account for a
period of not less than sixty (60) days past the date of the pawn transaction, renewal, or
extension; no further notice is necessary. There is no obligation for the pledgor to redeem
pledged goods.";
(2) The statement that "The pledgor of this item attests that it is not stolen, it has no
liens or encumbrances against it, and the pledgor has the right to sell or pawn the item.";
10
(3) The statement that "This item is redeemable only by the pledgor to whom the
receipt was issued, or any person identified in a written and notarized authorization to redeem the
property identified in the receipt, or a person identified in writing by the pledgor at the time of
the initial transaction and signed by the pledgor. Written authorization for release of property to
persons other than the original pledgor must be maintained along with the original transaction
record."; and
(4) A blank line for the pledgor's signature.
(N) Licensee shall keep a receipt for every item on the premises regardless of how that item
was obtained, i.e. by pawn, auction, purchase or otherwise.
Subd. 13. Redemption period. Any person pledging, pawning or depositing an item for security
must have a minimum of 60 days from the date of that transaction to redeem the item before it
may be forfeited and sold. During the 60 day holding period, items may not be removed from
the licensed location except as provided in subdivision 20. Licensees are prohibited from
redeeming any item to anyone other than the person to whom the receipt was issued or, to any
person identified in a written and notarized authorization to redeem the property identified in the
receipt, or to a person identified in writing by the pledger at the time of the initial transaction and
signed by the pledger, or with approval of the police license inspector. Written authorization for
release of property to persons other than original pledger must be maintained along with original
transaction record in accordance with subdivision 9 (1).
Subd. 14. Holding period. Any item purchased by a licensee must not be sold or
otherwise transferred for thirty (30) days from the date ofthe transaction. An individual may
redeem an item seventy-two (72) hours after the item was received on deposit, excluding
Sundays and legal holidays.
Subd. 15. Police order to hold property. (A) Investigative hold. Whenever a law enforcement
official from any agency notifies a licensee not to sell an item, the item must not be sold or
removed from the premises. The investigative hold shall be confirmed in writing by the
originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days
from the date of initial notification, or until the investigative order is canceled, or until an order
to hold/confiscate is issued, pursuant to subdivision 15 (B), whichever comes first.
(B) Order to hold. Whenever the chief of police, or the chief s designee, notifies a licensee not
to sell an item, the item must not be sold or removed from the licensed premises until authorized
to be released by the chief or the chiefs designee. The order to hold shall expire ninety (90)
days from the date it is placed unless the chief of police or the chief s designee determines the
hold is still necessary and notifies the licensee in writing.
(C) Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the
chief or chiefs designee may:
(I) Physically confiscate and remove it from the shop, pursuant to a written order from the
chief or the chiefs designee, or
11
(2) Place the item on hold or extend the hold as provided in subdivision 15 (B), and leave it
in the shop.
When an item is confiscated, the person doing so shall provide identification upon request of
the licensee, and shall provide the licensee the name and phone number ofthe confiscating
agency and investigator, and the case number related to the confiscation.
When an order to hold/confiscate is no longer necessary, the chief of police, or chief s designee
shall so notify the licensee.
Subd. 16. Inspection of items. At all times during the terms of the license, the licensee must
allow officers of the Hastings Police Department to enter the premises where the licensed
business is located, including all off-site storage facilities as authorized in subdivision 20, during
normal business hours, except in an emergency, for the purpose of inspecting such premises and
inspecting the items, ware and merchandise and records therein to verify compliance with this
section or other applicable laws.
Subd. 17. Label required. Licensees must attach a label to every item at the time it is pawned,
purchased or received in inventory from any reportable transaction or otherwise brought into the
store by any means, i.e. auction, pawn, trade or purchase. Permanently recorded on this label
must be the number or name that identifies the transaction in the shop's records, the transaction
date, the name of the item and the description or the model and serial number of the item as
reported to the police department, whichever is applicable, and the date the item is out of pawn
or can be sold, if applicable. Labels shall not be re-used.
Subd. 18. Prohibited acts. (A) No person under the age of eighteen (18) years may pawn or sell
or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from
a person under the age of eighteen (18) years.
(B) No licensee may receive goods from a person who is obviously intoxicated or obviously of
an unsound mind.
(C) No licensee may receive any goods, unless the seller presents identification in the form of a
valid driver's license, a valid State of Minnesota identification card, or current valid photo
driver's license or identification card issued by the state or province of residency of the person
from whom the item was received.
(D) No licensee may receive any item of property that possesses an altered or obliterated serial
number or operation identification number or any item of property that has had its serial number
removed.
(E) No person shall provide any false information when pawning any item.
(F) No licensee shall knowingly provide any false information to the Automated Pawn System.
12
(G) No person shall pawn the property of another without the owner's written consent.
Subd. 19. Denial, suspension or revocation. Any license under this section may be denied,
suspended or revoked for one or more of the following reasons:
(A) The proposed use does not comply with the Hastings zoning ordinances.
(B) The proposed use does not comply with any health, building, building maintenance or
other provisions of city code or state law.
(C) The applicant or licensee has failed to comply with one or more provisions of this
section.
(D) The applicant is not a citizen of the United States or a resident alien, or upon whom it is
impractical or impossible to conduct a background or financial investigation due to the
unavailability of information.
(E) Fraud, misrepresentation or bribery in securing or renewing a license.
(F) Fraud, misrepresentation or false statements made in the application and investigation for,
or in the course of, the applicant's business.
(G) Violation within the preceding five (5) years, of any law relating to theft, damage or
trespass to property, sale of a controlled substance, or operation of a business.
(H) The owner ofthe premises licensed or to be licensed would not qualify for a license under
the terms of this section.
Subd. 20. Business at only one place. A license under this section authorizes the licensee to
carry on its business only at the permanent place of business designated in the license. However,
upon written request, the city council may approve an off-site locked and secured storage facility.
The licensee shall permit inspection of the facility in accordance with subdivision 16. All
provisions of this section regarding record keeping and reporting apply to the facility and its
contents. Property shall be stored in compliance with all provisions of the city code. The
licensee must either own the building in which the business is conducted, and any approved off-
site storage facility, or have a lease on the business premises which extends for more than six (6)
months.
Subd. 21. Separability. Should any section, subsection, clause or other provision of this section
be declared by a court of competent jurisdiction to be invalid such decision shall not effect the
validity of the ordinance as a whole or any part other than the part so declared invalid.
Subd. 22. Violation. A person who violates any provision of this section shall be guilty of a
misdemeanor.
13
II. VIOLATION A MISDEMEANOR. Every person violates a Section, Subdivision,
Paragraph or Provision of this Chapter when they perform an act thereby prohibited or declared
unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon
conviction thereof, shall be punished as a misdemeanor, except as otherwise stated in specific
provisions hereof.
This ordinance was adopted by the Hastings City Council on this _ day of
.1999.
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko
Administrative Assistant/City Clerk
14
VIII-C-5
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
June 17, 1999
Land Acquisition Agreement
RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council take action approving the enclosed agreement between the City of
Hastings, Independent School District #200 and the Conzemius family relating to the acquisition of certain
property owned by the Conzemius family, to allow for the construction of the new High School, and
alignment of General Sieben Drive and 4th Street.
BACKGROUND
ISD #200 officials along with their architects and the City have been discussing at length during the last
several months the construction of the new Hastings High School and its impact on the alignment of
General Sieben Drive and 4th Street. The City Council previously approved the site plan for the High
School. A map of the area, identifying the location of the High School and alignment of General Sieben
Drive and 4th Street is attached. As a result of the site plan for the High School and the alignment of 41!J
Street and General Sieben Drive, the City and ISD#200 have conducted discussions with the Conzemius
family about the possibility of acquiring additional property to allow for the realignment of 41!J Street and
General Sieben Drive, and to allow for a complete site for the High School.
All parties have understood that the City and/or ISD#200 have the authority to condemn property for public
purposes. All parties seek to acquire the property without the need to condemn, However, an agreement
on the acquisition cost of the additional property has not been reached. The School District is planning to
start grading soon on the High School Site, and would like to have the Conzemius property available to
them. As a result, the three parties are proposing that the attachment agreement be executed by the City,
ISD #200 and Conzemius,
Under the terms of the agreement, Conzemius property would be conveyed to ISD# 200 at this time. The
Conzemius family would retain all rights to obtain just compensation for their property. The Conzemius
family would not be prejudiced in any subsequent proceedings because of the fact that they would have
voluntarily conveyed their property to ISD #200, to allow for grading of the property. The agreement
further states that all parties would continue to negotiate a purchase of the property, with the understanding
that if an agreement were not reached, condemnation proceedings would commence by a certain date.
While execution of the this agreement provides some immediate "relief' on the time restrictions associated
with the grading of the High School Site, it does not eliminate the pending negotiations that are
forthcoming , ISD #200 and the Conzemius family, Staff recommends approval of the agreement.
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DRAFT
AGREEMENT
This agreement is made and entered into as of the _ day of June, 1999, by and
between
("Conzemius"), Independent School District No. 200, Hastings, Minnesota, ("School District")
and City of Hastings, a Minnesota Municipal Corporation, ("City").
BACKGROUND
A. The School District is constructing a new senior high school, part of which is in
the City of Hastings, the construction of which will require the realignment of West 4th Street
and the extension of General Sieben Drive.
B. In order to extend and realign West 4th Street, it is necessary for the School
District and the City to acquire parcels A and B, which are described on attached Exhibit 1,
which parcels are now owned by Conzemius.
C. All parties to this Agreement have been discussing the acquisition of parcels A
and B, but have not reached an agreement as yet.
D. School District desires to begin the grading of its high school site as soon as
possible, which would include parcels A and B.
E. All parties to this agreement understand that if necessary, both School District and
City have the legal authority to condemn parcels A and B, which condemnation proceeding could
involve the use of the "quick take" proceeding, which would give title to parcels A and B to the
School District or City essentially 90 days after commencing the condemnation proceeding.
F. Conzemius' are willing to convey to School District, fee title to parcels A and B
at this time, subject to the agreement by School District and City of Hastings to commence
1
condemnation proceedings by a date certain if the parties are unable to reach an agreement as to
the acquisition price for said parcels A and B.
NOW, THEREFORE, IT IS AGREED by all parties as follows:
1. Subject to the provisions of this agreement, Conzemius' agree to convey by
Warranty Deed, fee title to parcels A and B, to School District.
2. School District and City agree that by Conzemius' conveying fee title to School
District, School District and City are not relieved of their obligation to pay for
parcels A and B. School District and City agree that Conzemius' are conveying
fee title to parcels A and B to School District at this time, prior to receiving any
payment, solely because ofConzemius' desire not to hold up or delay grading of
the high school site. All parties agree that Conzemius', by conveying fee title to
parcels A and B at this time, are NOT relinquishing any rights Conzemius' have
for just compensation for parcels A and B.
3. All parties agree to continue to try to reach an agreeable price for parcels A and B.
In the event the parties cannot reach an agreement on price by September I, 1999,
then School District and City agrees that by November I, 1999, they will
commence condemnation proceedings for parcels A and B, where the issue of just
compensation for said parcels will be determined.
4. In any condemnation proceedings regarding parcels A and B, School District and
City will NOT raise as a defense that Conzemius' have already conveyed fee title
to parcels A and B. Any condemnation proceeding will be conducted as if
Conzemius' own the property on the date the condemnation proceedings were
commenced.
2
5. School District and City agree that Conzemius' are also conveying parcels A and
B at this time under a threat of condemnation. If the parties are able to reach an
agreed upon price for parcels A and B, the City and School District agree to
prepare any documentation necessary to establish that the acquisition was made
under the threat of condemnation.
Dated this
day of
,1999.
CITY OF HASTINGS,
a Millnesota MUllicipal Corporatioll
By:
Michael D. Werner, Mayor
(SEAL)
By:
David M. Osberg, City Administrator
Dated this
day of
,1999.
3
'.
Dated this
day of
,1999.
INDEPENDENT SCHOOL DISTRICT NO. 200,
Hastings, Minnesota
By:
, its Chair
By:
, its Clerk
ACKNOWLEDGMENT
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of
1999, by Michael D. Werller and David M. Osberg, the Mayor and City Administrator of the
City of Hastings, a Minnesota Municipal Corporation.
NOTARY PUBLIC
4
) I I
ACKNOWLEDGMENT
STATE OF MINNESOTA)
) 55.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of
,1999, by
NOTARY PUBLIC
ACKNOWLEDGMENT
STATE OF MINNESOTA)
) S5.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of
1999, by and , the Chair and Clerk ofIndependent
School District No. 200, Hastings, Minnesota.
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
FLUEGEL, MOYNIHAN & CLINTON. P.A.
1303 South Frontage Road, Suite 5
Hastings, MN 55033
(SMM)
5
Informational Memorandum
To:
From:
Date:
Subject:
Honorable Mayor and City Council Members
Lynne M. Benson
June 17, 1999
City Disbursements
Attached please find a listing of all bills paid since the last City Council meeting of June 7, 1999.
These bills were approved for payment by the Finance Director. They include only routine payroll
claims and a check for the change drawer at the Aquatic Center.
If you should have any further question regarding these bills, please feel to contact me or Lori
Webster for further information.
SYSTEM DATE 06/17199 TIME 11:25
REPORT DATE 06/17/99
SCHEOUlE PAYMENT REPORT
PAGE
~-------_.._------------._------._--------------------------------------------------------------------------------------------------
BANK VENDOR
G/l DEB IT
VENDOR TITLE
G/l CREDIT
P.O. NO. INVOICE #
ACCOUNT NUMBER
OESCRIPTION
CHECK # DATE
NET AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
43 32398 ICMA RETIREMENT TRUST 457 6437
999-0001-101 101-1010-000 G 101-2180-000 PAYOATE 6/11/99 6,847.75
49500 MN CHIlO SUPPORT PMT CTR 6438
999-0001-101 101-1010-000 G 101-2196-000 PAYDATE 6/11/99 318.87
60744 P.E.R.A./DCP 6439
999-0001-101 101-1010-000 G 101-2140-000 PAYOATE 6/11/99 80.00
999-0001-101 101-1010-000 A 101-6011-121 PAYOATE 6/11/99 80.00
****TOTAl FOR P.E.R.A./OCP 160.00
60745 P.E.R.A. 6441
999-0001-101 101-1010-000 G 101-2140-000 PAYOATE 6/11/99 9,439.32
999-0001-201 201-1010-000 A 201-6511-121 PAYDATE 6/11/99 72.50
999-0001-101 101-1010-000 A 101-6020-121 PAYDATE 6/11/99 111.21
999-0001-101 101-1010-000 A 101-6040-121 PAYDATE 6/11/99 69.9c
999-0001-101 101-1010-000 A 101-6050-121 PAYDATE 6/11/99 408.4
999-0001-101 101-1010-000 A 101-6090-121 PAYDATE 6/11/99 108.75
999-0001-101 101-1010-000 A 101-6240-121 PAYDATE 6/11/99 307.62
999-0001-101 101-1D10-000 A 101-6311-121 PAYDATE 6/11/99 370.03
999-0001-101 101-1010-000 A 101-6619-121 PAYDATE 6/11/99 8.12
999-0001-101 101-1010-000 A 101-6312-121 PAYDATE 6/11/99 647.04
999-0001-205 205-1010-000 A 205-6560-121 PAYDATE 6/11/99 21.08
999-0001-101 101-1010-000 A 101-6210-121 PAYDATE 6/11/99 5,570.15
999-0001-213 213-1010-000 A 213-6220-121 PAYDATE 6/11/99 2,582.45
999-0001-200 200-1010-000 A 200-6520-121 PAYDATE 6/11/99 600.72
999-0001-404 404-1010-000 A 404-6631-121 PAYOATE 6/11/99 101.90
999-0001-407 407-1010-000 A 407-6700-121 PAYDATE 6/11/99 23.79
999-0001-600 600-1010-000 A 600-7100-121 PAYOATE 6/11/99 527.n
999-0001-601 601-1010-000 A 601-7300-121 PAYOATE 6/11/99 215.94
999-0001-615 615-1010-000 A 615-nOO-121 PAYDATE 6/11/99 227.52
999-0001-610 610-1010-000 A 610-7500-121 PAYDATE 6/11/99 53.62
999-0001-610 610-1010-000 A 610-7501-121 PAYOATE 6/11/99 200.22
999-0001-610 610-1010-000 A 610-7502-121 PAYDATE 6/11/99 21.10
999-0001-620 620-1010-000 A 620-7900-121 PAYDATE 6/11/99 85.9.
999-0001-101 101-1010-000 A 101-6080-121 PAYDATE 6/11/99 72.11
****TOTAl FOR P.E.R.A. 21,847.31
******TOTAl FOR BANK NO - 43 29,173.93
***REGUlAR CHECKS** 29,173.93
***MANUAl CHECKS*** 0.00
***GRAND TOTAL.*... 29,173.93
SVST~M OAT~ O~/\7/QQ TIMt \\,26
REPORT DATE 06/17/99
SCHtDULt PAYMtNT RtPORT
PAGE
------------------------------------------------------------------------------------------------------------------------------------
BANK VENDOR VENDOR TITLE
G/L DEBIT G/L CREDIT
P.O. NO. INVOICE #
ACCOUNT NUMBER
DESCRIPTION
CHECK # DATE
NET AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
46 1 CITY OF HASTINGS
999-0001-201 201-1010-000
6443
A 201-6511-450
AQUATIC CTR PETTY CASH
100.00
******TOTAL FOR BANK NO - 46
100.00
***REGULAR CHECKS**
***MANUAL CHECKS***
***GRAND TOTAL*****
100.00
0.00
100.00
16514377082 P.02/06
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. 1. Veteran's tVfemorial 1, " 1: ; 11'1 '
01 I ,
.. Recaulk the opening between granite name Platest, ,! I: i I
. Caulk or grout oller bare steel at edge of name pIa , s, ! :! I
· Remove burn marks on name plates '! . I' R'
2. Remove and ~place cracked floor slab in wo.m~n's dr+ssinglare,a ~ja nt to
shower. Owner will withhold $3.000 from monies due q:orrtra~Ori. ~o~ tf be
done this fall : I ; I I
3. Complete sawcut at drain in men's dressing area I :; .J~' I '.1 j
4. Repair'bitumil'lous surface on Maple street in front of ~athhoosel~i; urqr by
Installation of handicap ramp i ii' i
5. Replace and repair damaged bituminous trail adjacen~,to hig~way 5' II
6. Clean catch basins, storm sewers and sump pump m~nhole':1 : I "
7. Complete stomn sewer inverts, including northwest 001' e~ of parkin, 101
8. Caulk construction joints in sidewalk. building walls an, jointlbetween
bathhouse and sidewalk ' I '! !, I , I , ,
9. Sapac~sign:on ladder to pum~ piti!"MechanieaVfiltef; roon1 : 'I i I ii'
10. Lift station manhole: grom openings In wall around varfoulS p,p~ : I ,
11. Replace end block on retaining wall adjacentto STH$5. M~e s !21Slall
other ends wi1;h split face block. .' ",1 ' t ':, . ' j I .,
, .12~Dead sod-~ait wait! I~ m~y'grow. ,'. ,..."" I., !'. 1. ,I i :
,13. Bathhouse W.lill expansion JOints. openings arOllndl~lVefS: ~acl<<f:,r'f01 ,nd
caulk as reqUired. "j ! " . 'I .
14. Check ,~etal doors for fit Doors to special needs restr9orh, dges; nb1, fit II '
properly. ; !':: II, I ' '
15. Doors to SpeCial Needs Restrooms are hard to open. ~djustlclosJt~ : ! I
mechanism. Must be easy to push open. Hastings Building i~sp~Jr t~
approve. I i.!' I. . I
16. Fix gap above trim in Lobby., ! . i ,!.; I
17. Oaulk aroundlfan box In lobby. ,i I: I ; ; I "
18. ~neral cleanup and paint touch up around building L" : : I . ' I ,
19. In~erior of bat!1house: caUlk junction of floor an~ wall., paUlk ~h~Ul~ ~ ' h ..; :
pamt ' ' !':' I: ; , ,
20. Install sight barrier slats in Dumpster enclosure gate. I: · i .::, 1 'JJ ' '
21. Dumpster gat~: Qpening between gates too large. Do~ n~t ~Io* bbri11ly. ' ,
22. Make sure the b?thhous~ floor paint is a unifor~ color~; See ~an~i~,: P; I ,I
restroom In men s dreSSing area and other locations ~r exa~ple df problem.,
23. Fix ~odf shingles, ~oor wo~manshlp.. Complete ends ~,nd ar~un~1 ~,' .1; : '
23. Lubncate roll up Windows In Concession room. Windo~s hart:! to il"!' j ! I
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JUN-15-1999 15:22
GREMMER & ASSOCIATES
1:(') r: ('()"\u+,'on
TO
FROM
CITY OF HASTINGS, MINNESOTA
ROAPSIDE PARK SWIMMING POOL
A&L PUNCH LIST
DATED JUNE 9, 1999
, BATHHOUS~, ,SIlE, MISCELlANOUS
--.. -- ....."."." ........,........... . .,...... .....,......"......,..... I................""'... ..1-......
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24.Repla~ sill boards on guard room and pool offi.ce Wij,~,:OWs. vv : i. ~1'~09r, I
quality and not acceptable. Ii" I 'I' I,: I
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1. S~t floats in lift station. S~ Tim Gremmerfor eievatio~~ I,' i i
2. Lift station: remove lift hooks from top slaD ,E I'
3. L. station:coiTect spray problem at ait gap Ii I! i: ' ,
4. Lift station: provide training for staff.' J: i: I '
5. Lift station: provide hatch opening tool, ! ii, :. : I
6. Provide "foot safe" plug for pool tilltina at deck openi ' : I ,!', I I
7. F~at for sump pump in pump pit in Mech~nicaIlEquip1e~t r~m!d: ' 'i9t
work CQrrectly. SUmp pump discharge 'line is loose. sEi~ur~., i: : , ' '
8. Make sure all plumbing fiXtures are working properlya~d notlle*I:. I, i I
9. Pipvide fitting :for pool filllir'e that will allow installation I'" fill spout' ~ qLlt, ;" '
tl.iming,spout. :Fill ~p~ut ,can ,not be installed beCause ~:hif.s t~e ~u: ~~ir.: '
10./nstall blowout on Imgabon hne. . , !: I. I I I :
ELECTRICAL: ' I: ! ' I
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1. secure bolt covers around light pole bases I' I
2. Train CifY staff;in operation; o.f exterior lighting system~ 'I" ::
3. Put covers on all open eleotncal boxes.' : I
4. dean building exterior Iig~t fixtures " ,i; ii
MIS~ELLANEOUS ITEMS: ' . Ii I
,1. ~eturn;City's fire hydrantadapters an~ hose, ;. ii: I.! 'I: '
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CO~RACT REQUIREMENl'S FOR SUBSTANTIAL CO~PL.ET'O~ I '
" , " , "i' , I : I
1. Pfov~de Proje9t. Record Do.cuments: see Section 017()~ qon~ra~ </fl.
2. Provide Oper~tlon and Maintenance data:: see SectiQ~i01i70ql c~rit
Clpseout, ,. I: " I 'I'
3. Pfovide equipment warranties ',' ,i I.
4. Provide any required spare parts .",:: ' I 'i
5. Pr.ovid~ certified payroll. This is required before, the ~u~e paYmeh I lit be
made. ?\&l has not prov~d their certified payrplls fOr ~h~ la+t s i : iaf j.1 i ,
rrionth~. This Is a condition of the Contract, whiCh req~!re :celtt, ifi~' yroU with
each pay request. , !: ' :! I I ,.
6. Provide lien waivers from all subcontractors , 'I' . . i :' i
7. P~ovide ~rainjng.in operation of all equipment inCIUdin~ielect~callal)l , !
n;echa!,'IIcal eqUipment. Ii I' ' I I
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PLUMBING:
MONIES RECOMMENDED TO BE WITHHELD
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JUN-15-1999 15:23 FROM GREMMER & ASSUCIAI~~
IU
1b::> 145 (,(111::l~ I-' . 114/11b
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I recOmmend that the following amounts be withheld from ~nar p~ym~n ~t I, i'
work.inanship and item that need correction and replace~nt in ~rder t , ?1~ the! '
reqUirements of the Contract Documents: !; . 'I:' ! ; , i
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1. R~move and replace cracked concrete floor adjacent tp shovyer in: qrMn's, i
dressing area. Work to be done In fall of 1999. Other areas ~ith ~ : 'rJy!! 'I
installed concrete patches, Retain $3,QOO i:!, :: I , , !
2. S~bstandard Workmanship on roof shingles. Shingles~reglJl~u, ~o ~!np~sjngl:
aod ridge vent not uniform. Just poor Workmanship th.- must be:C9,' ~~d. i '
Retain $3.000. I, I :. ; ! :
3. Qorrect ~ater :ponding problem in concession area. Wf,rk to ~e do ~ !~tre I'
~II. RetaIn $2,000. 'I' : i
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PROVIDE THREE YEAR WARRANTIES ON THE ;FOLLdWlNd ITE ' ':! :' i !
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1. Sjdewalk adja~nt to Maple from. Dumpster enclos~~~, i~t7fse$tip' ~Jt~ 1 Qthl .
Street. Sidewalk constructed dunng rainstorm and It Islposslble 1he :tf!1i I '!;
surface will not last. Only time will tell.' : 'I' I I! : i.. i
2. EXtend warrantee of deep manhole sump pump to 3 y~ars. ~orrie q Mif>rl if !
pump was damaged during construction. i I'. i! : :
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1. Clean ~d vaquum pool I II
2. COmplete ~nstallat~on ofd~ck equ~pment :i i ,: : I
3. CQmplete installation of rope bamer , ,! I',,! 'I I I
4. Complete cleanup of pool site and clean MechanicallEquipmrnti" ; Clesll I
ririlflow gutter. Must be white. " ,i Ii : i I
5. Repair ~od area disturbed by removal of inflatable plu~: from su~i~ I~e, I '
6. Install Lilly pads I: I I' 'I
7. Complete startup of filtration and chemical poot water tecitment ~' ': I
8. Install Water Riders : I' I: ,: : 11 ,
9. SCS Interactive Play Structure: Secure supportS to low end Qf slldlll (pre lent
flap from sticking out. Cover bolts on two slide support!,. i ! II ': !
10. Secure and tighten all deck equipment 'i: : ,I !
11. C9rrect problem with chemical pump and/or Stranco c~ntroll~r. i ; :' , I
12.Repla~ deck undennined!when Inflatable plU9iWas re!!T'owecf frd ! ~t~!' I
Features suction trench. Approximately 9 five by five fqot SquarEls: er~ 'I
u~derrl)ined. Work to beC9mpleted in ~e fall. : :i.! j I: : L .' ,I
13. Replace patch where Funbrella was replaced. Two flV~.; by fi\1e~~ r~sl ,eed i', '
to:be replaced.' ;:1 : If !: 1
CONTRACT REQUIREMENTS FOR SUBSTANTIAL CO~PlEi'O~li i i I : I
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1. provid~ Project Record Documents: ~eSection0170~qoli~ract.~I, :~t'
2. Provide Operation and Maintenance dlita: see Sectio~:0170~Corit ,6t1
Closea,",t , 'I' I I:' I
3. Provide equipment warranties ,Ii ' i ;: ; , ' ' i
4. Provid~ any required spar~parts, , :~,! i.li ::'
5. Provide certifi~payroll. ;This is ~equir~d before: the Ju~e p~meM in be ·
~~~~ht~i~: ~~~~~~~:: ~~~~ =d~"~:~i~~ :t~fl ,a'JJ.oll · i
with eacl1 pay request. ' ,.' 'i ' i I ~ Ii :,' i
6. Proyid~ lien waivers from all sub~ontracto~s . , \: i Ii : 1;1' : 'I' ,
7. Tram owners personnel In operation of swtmmll:lg pOQI:, Iii: i..
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MONIES ~ECOMMENDED TO BE WITHHELD, ;:,: i: ; il . .1,
I recomme.nd that the following amounts be withheld from ifinal Play! i ~~.I , ! ii'
workmanship and items that need correction and r~placemerit frior r ~;rn~et :;1
the requir~ments ,of the Contract Documents: ':': ': 'I . 'I
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CITY OF HASTI~GS" MINNESOTA
ROADSIDE PARI:< SWIMMIN~ POOL
GLOBAL SPECIALTIES' PUNCH LIST
DATr2'D Jl!NE 11. 1999
SWII\i1MINta POOL
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1. Replace deck undennined by removal of inflatable plug and ~ unbr lat p~~
Retain ~1,500~ : : I II :.! '
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