HomeMy WebLinkAbout09-17-01
CITY OF HASTINGS
COUNCIL MEETING
7:00 P.M.
DATE:
Monday
September 17,2001
I. CALL TO ORDER:
II. ROLL CALL:
III. DETERMINATION OF QUORUM:
IV. APPROVAL OF MINUTES:
Approval of Minutes of the Regular Meeting of September 4, 2001 and Special
Meeting of September 10, 2001
V. COUNCIL ITEMS TO BE CONSIDERED:
VI. CONSENT AGENDA:
The items on the Consent Agenda are to be acted upon by the City Council in a single motion.
There will be no discussion of these items unless a Council member or citizen so requests, in
which event the items will be removed from the Consent Agenda to the appropriate department
for discussion.
1. Pay All Bills As Audited
2. First Reading & Schedule Public Hearing for October 1, 2001: Cable
Television Franchise Ordinance
3. Pay Estimate #4, Lock and Dam Access Road and Riverfront Trail
Improvements, Holst ConstructionPay Estimate #2, 2001 Street and Utility
Improvements, Richard Knutson, Inc
4. Budget Adjustment-CIP Software Purchase Approval
5. Citywide Auction/Declare Excess Property
VII. AWARDING OF CONTRACTS & PUBLIC HEARING:
1. Award Contract-Wide Area Network Installation
2. Award Contract-2001 and 2002 Audit Services Contract Renewal
3. Public Hearing/Final Reading-Rezoning Featherstone Road (A:Agriculture to
R-3: Medium High Density Residence)
VIII. REPORTS FROM CITY STAFF:
A. Administrator
1. Adopt 2002 Preliminary Tax Levy
2. Adopt 2002 HRA Preliminary Tax Levy
3. Adopt 2002 Preliminary City Budget
8. Public Works
1. Empire Wastewater Plant Outfall Pipe Report
C. City Planner
1. Rezoning-Featherstone Road (A:Agriculture to R-3:Medium High
Density Residence)
2. Site Plan-Tom Thumb
3. Riverdale-Development Agreement
4. Preliminary/Final Plat-Augustana Care Addition
5. Special Use Permit-Agustana Semi-Independent Residential Care
Facility
6. Site Plan-Agustana Semi-Independent Residential Care Facility
7. Final Plat-Bolhken's 6th Addition
8. Site Plan-Forpack (Commerce Drive)
9. Site Plan-Hastings Gymnastics Academy (Millard Avenue)
10. Wal-Mart Traffic Study Proposal
11. Preliminary PlaUMaster Plan-Dakota Summit
12. Final Plat-Dakota Summit
13. Site Plan-Wal-Mart
IX. COMMENTS FROM AUDIENCE:
X. UNFINISHED BUSINESS:
XI. NEW BUSINESS:
XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS:
XIII. ADJOURNMENT:
Next Regular City Council Meeting on Monday, October 1, 2001
Hastings, Minnesota
September 4, 2001
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Tuesday, September 4,2001 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East,
Hastings, Minnesota
Members Present: Councilmembers Hazlet, Hicks, Schultz, Moratzka, Riveness &
Yandrasits
Mayor Werner
Members Absent: None
Staf(Members Present:
David Osberg, City Administrator
Shawn Moynihan, City Attorney;
Matt Weiland, Planning Director;
Tom Montgomery, Public Works Director;
Marty McNamara, Parks & Recreation Director
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 August 20,2001. Hearing none, the minutes were approved as presented.
Council Items to be Considered
Moved by Councilmember Hicks, seconded by Councilmember Riveness to remove Item
3 of the Consent Agenda.
7 Ayes; Nays, None.
Consent Agenda
Moved by Councilmember Hicks, seconded by Councilmember Riveness, to approve the
Consent Agenda as amended.
7 Ayes; Nays, None.
Copy of resolutions on file.
1. Pay All Bills As Audited
2. Approve Application for One-Day Gambling Permit for Hastings Hockey Boosters-
December 5, 2001 at the Hastings Civic Arena
3. Removed
4. Mainstreet Festival Street Closing
5. 2001 Budget Adjustments
6. Industrial Park Land Sale-Forpack Final Approval
7. Industrial Park Land Sale-Hastings Gymnastics Academy Final Approval
Award Contract-Ice Resurfacer for Civic Arena
Minutes of the Regular Meeting of September 4, 2001
Page 2 of3
Moved by Councilmember Riveness, seconded by Councilmember Yandrasits to
award the contract for a new ice resurfacer to R&R Specialties in the amount of
$62,036.25.
7 Ayes; Nays, none.
Public Hearing-New Assessment Ordinance
Mayor Werner opened the public hearing at 7:03p.m. City Attorney Moynihan
stated that he included some suggested changes to the language of the proposed
ordinance. Hearing no further comments, the public hearing was closed at 7:04 p.m.
Approve Second Reading of New Assessment Ordinance
Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to
approve the new assessment ordinance as presented, with the City Attorney's changes.
7 Ayes; Nays, none. .
Public Hearing-Zoning Code Amendment: Sign Ordinance Revisions
Mayor Werner opened the public hearing at 7 :05 p.m.
Deb Zeien, who has an office at 2137 Vermillion Street, stated concern of
vandalism to signs with a six-foot height restriction.
In a fax read by Planning Director Weiland, Jerry Fair stated that he felt that the
5% wall signage limit is a hardship to multi-tenant buildings.
Hearing no further comments, the public hearing was closed at 7:09 p.m.
Zoning Code Amendment: Sign Ordinance Revisions
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to
approve the final reading for the sign ordinance revisions.
7 Ayes; Nays, none.
Table Item-Site Plan for Tom Thumb
Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to
table the site plan consideration for Tom Thumb to the September 17, 2001 meeting.
7 Ayes; Nays, none.
First Reading & Schedule Public Hearing-Rezoning Featherstone Road (A:
Agriculture to R-3: Medium High Density Residence)
Moved by Councilmember Riveness, seconded by Councilmember Moratzka to
approve the first reading and order a public hearing for September 19, 2001.
7 Ayes; Nays, none.
Site Plan-Sunset Homes (Century South)
Planning Director Weiland stated that the Planning Commission recommended
approval of the site plan at its August 27,2001 meeting with the five conditions outlined
in the Planner's August 29,2001 report.
Moved by Councilmember Schultz, seconded by Councilmember Moratzka to
approve the site plan as presented.
7 Ayes; Nays, none.
Site Plan-River Street
Minutes of the Regular Meeting of September 4, 2001
Page 3 of3
\.
Planning Director Weiland stated that the Planning Commission recommended
approval of the site plan at its August 27,2001 meeting with the five conditions outlined
in the Planner's August 29,2001 report.
Moved by Councilmember Riveness, seconded by Councilmember Hazlet to
approve the site plan as presented with the conditions listed in the August 29, 2001
Planner's report.
7 Ayes; Nays, none.
Variance (Non-Conforming Building)-2020 Forest Street
Planning Director Weiland stated that the Planning Commission recommended
approval of the variance at its August 27,2001 meeting with the four conditions outlined
in the Planner's August 28,2001 report.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks to
approve the variance request as presented.
7 Ayes; Nays, none.
Variance (Accessory Structures )-115 17th Street West
Planning Director Weiland stated that the Planning Commission recommended
approval of the site plan at its August 27,2001 meeting with the three conditions outlined
in the Planner's August 21,2001 report.
Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to
approve the variance as presented with the conditions in the Planners report.
7 Ayes; Nays, none.
Development Agreement--Riverdale
Moved by Councilmember Schultz, seconded by Councilmember Hazlet to table
this item.
7 Ayes; Nays, none.
Preliminary Plat/Master Plan-Dakota Summit
Final Plat-Dakota Summit
Site Plan-Wal-Mart
Moved by Councilmember Moratzka, seconded by Councilmember Schultz to
table these items to a Special City Council meeting to be held on Monday, September 10,
2001 at 7:00 p.m. An open house to answer questions and look at proposed plans was
also set at 5:00 p.m. on September 10,2001.
7 Ayes; Nays, none.
Adjournment
Moved by Councilmember Moratzka, seconded by Councilmember Riveness to
adjourn the meeting at 8:29 p.m.
7 Ayes; Nays, None.
Mayor
ATTEST
City Clerk
Hastings, Minnesota
September 10, 2001
Special City Council Meeting
The City Council of the City of Hastings, Minnesota met in a special meeting on
Monday September 10, 2001 at 7:00 PM in the Community Room at the Hastings City
Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present: Mayor Werner, City Council members Yandrasits, Hazlet, Riveness,
Schultz, Hicks and Moratzka.
Members Absent: None.
Staff Members Present:
Planning Director, Matt Weiland
City Attorney, Shawn Moynihan
City Administrator, Dave Osberg
Mayor Werner opened the meeting to state the purpose of the meeting was to
consider four actions:
1.) Preliminary Plat-Dakota Summit
2.) Master Site Plan-Dakota Summit
3.) Final Plat-Dakota Summit
4.) Site Plan-Walmart
Mayor Werner announced that an Open House on the proposed development
was conducted in the Community Room from 5:00 PM-7:00 PM, in which many
questions were addressed by City Staff and representatives from Walmart.
Planning Director reviewed the proposed development for the City Council and
members of the audience.
After several questions and review of the project by the City Council, Mayor
Werner suggested that a more comprehensive traffic study should be conducted by the
City to address the traffic concerns that have been expressed by the City Council and
the public.
Moved by Council member Moratzka, seconded by Council member Schultz
directing Staff to gather further information on a cost estimate for a more comprehensive
traffic study and an estimate on the time to complete the study, and report to the City
Council at the meeting on September 17, 2001.
Ayes: Werner, Yandrasits, Hazlet, Riveness, Schultz, Hicks and Moratzka
Nays: None.
Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to
table until the September 17, 2001 City Council meeting:
1.) Preliminary Plat-Dakota Summit
2.) Master Site Plan-Dakota Summit
3.) Final Plat-Dakota Summit
4.) Site Plan-Walmart
Ayes: Werner, Yandrasits, Hazlet, Riveness, Schultz, Hicks and Moratzka
Nays: None.
Moved by Councilmember Riveness, seconded by Council member Hicks to
adjourn the meeting at 7:59 PM.
Ayes: Werner, Yandrasits, Hazlet, Riveness, Schultz, Hicks and Moratzka
Nays: None.
David M. Osberg
City Administrator
"
Date: 09/14/2001 Time: 09:57:01
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page:
1
VI-I
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
M.I.S.
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PTTBLIC WORKS
,IC WORKS
PUBLIC WORKS
PUBLIC WORKS
COUNCIL
COUNCIL
COUNCIL
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
.~ISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINI STRATION
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
FINANCE
FINANCE
FINANCE
FINANCE
BDM CONSULTING ENGIN ARBOR OAKS SERVICES
BDM CONSULTING ENGIN BAILEY RIDGE UTILITIES
8DM CONSULTING ENGIN SUMMIT POINT SERVICES\
BDM CONSULTING ENGIN WALLIN 8TH 9TH
DAKOTA COUNTY SOIL/W EROSION CONTROL INSPECTI
HASTINGS AREA CHAMBE LODGING TAX
MCES AUGUST SAC CHARGES
Total for Department
DELL DIRECT SALES L. DELL POWER PACK REPLACEM
Total for Department 160
BDM CONSULTING ENGIN PLAN REVIEW CENT SO
BDM CONSULTING ENGIN PLAN REVIEW PLEASANT VAL
BDM CONSULTING ENGIN PLAN REVIEW RlVERDALE
BDM CONSULTING ENGIN RlVERDALE SITE GRADING
BDM CONSULTING ENGIN SITE GRADING CENT SO
BDM CONSULTING ENGIN SUNSET WEST GRADING
BDM CONSULTING ENGIN UTILITIES; 3 RIVERS
Total for Department 300
FILTERFRESH
LEAGUE OF MN CITIES
TKDA ENGINEERS
Total
COFFEE SERVICE
ANNUAL MEMBERSHIP DUES
PW MASTER PLAN STUDY
for Department 6011
AT&T AUG LONG DISTANCE CHARGE
BOISE CASCADE OFFICE OFFICE SUPPLIES
CORPORATE EXPRESS OFFICE SUPPLIES
CORPORATE EXPRESS SUPPLIES
FARMER BROS CO. COFFEE
GRAPHIC DESIGN A/R INVOICES; ENVELOPES
ICMA PRODUCT FULFILL HIRING/ RETAINING MANUAL
IKON OFFICE SOLUTION COPIER LEASE SEPT
MATT PARROTT & SONS PAYROLL CHECKS
MN CITY/CTNY MANGEMN MGMA MEMBERSHIP
SPRINT 224.18
SPRINT AUG TELEPHONE
UNITED STATES POSTAL POSTAGE/RESET FEE
Total for Department 6020
GRAPHIC DESIGN EMBOSSED SEAL; CITY HAST
HASTINGS STAR GAZETT AUGUSTANA SPECIAL PERMIT
HASTINGS STAR GAZETT REQ REZONE FEATHERSTONE
LABCORP OTS INC - ME PRE-EMP DRUG SCREEN; LAN
Total for Department 6040
COMPUTER MANAGEMENT FINANCE SOFTWARE MAINTEN
SALVERDA, DONALD E EFFECTIVE MGMT PROGRAM
SCANTRON SERVICE GRO FINANCE COMPUTER MAINTEN
WELLS FARGO BROKERAG SAFEKEEPING ACCOUNT FEES
272.00
4, 114.00
34.00
204.00
315.00
8,649.20
15,939.00
29,527.20*
3.57
3.57*
4,720.00
590.00
354.00
748.00
1,054.00
102.00
612.00
8,180.00*
180.00
10,351. 00
924.76
11,455.76!:..
14.45
21. 68
124.16
296.99
47.84
213.00
149.65
220.99
353.42
92.76
224.18
893.03
2,009.50
4,661. 65*
129.11
87.00
36.25
35.00
287.36*
8,976.72
822.43
3,307.00
30.75
Date: 09/14/2001
Time: 09:57:02
Operator: BECKY KLINE
Page: 2
)epartment Vendor Name Description Amount
1.I.S. Department
:ITY FACILITIES
:ITY FACILITIES
:ITY FACILITIES
:ITY FACILITIES
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Total for Department 6050
DELL DIRECT SALES L. DELL POWER PACK REPLACEM
Total for Department 6070
CRAMER BLOG SERVICE CONTROL MODULE; RELAY BO
DAKOTA CNTY TREAS-AU AUG FUEL
DRUMMOND AMERICAN CO PRIZM GEL LUBE
SCHILLING PAPER CO. PAPER SUPPLIES
Total for Department 6080
:ITY FACILITIES LIGH DAKOTA ELECTRIC ASSN AUG BILLING
Total for Department 6081
?LANNING
?OLICE
?OLI CE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
'OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLICE
?OLI CE
)RUG/FORFEITURE
:RIME WATCH/PREVENTI
:RIME WATCH/PREVENTI
LA.R.E. PROGRAM
JENSON, KRISTINE STATE PLANNING CONF REGI
Total for Department 6090
ASSOC. CLINIC OF PSY N WOOD EXAM
AT&T AUG LONG DISTANCE CHARGE
AT & T WIRELESS WIRELESS SERVICE
BIRCHEN ENTERPRISES VEHICLE MAINT
BOISE CASCADE OFFICE OFFICE SUPPLIES
BOUND TREE/NORTH AME FIRST AID VALVE
CITY OF WHITE BEAR L TACTICAL RISK TRAINING
COLOR LAB INC. (PHOTO FILM DEVELOPING
COMP USA INC. COMPUTER MOUSE; KEYBOARD
CY'S UNIFORMS, INC. UNIFORM ALLOWANCE/R RISC
DAKOTA CNTY TREAS-AU AUG FUEL
GRAPHIC DESIGN OFFICE SUPPLIES
IKON OFFICE SOLUTION COPIER LEASE SEPT
JACK'S UNIFORM EQUI TRAFFIC VESTS; RESERVE U
JOHNSON, DOROTHY UNIFORM ALLOWANCE
MIDSTATE ORG. CRIME YEARLY MOCIC CONF; KEGLE
ARCH WIRELESS PAGER LEASE
PETERSEN, ROXANN REMAINDER OF UNIFORM ALL
SPRINT AUG TELEPHONE
TROPHIES PLUS BRUCE GAYLOR PLAQUE
TROPHIES PLUS JERRY WUOLLET PLAQUE
VERIZON WIRELESS, BE CELL PHONE
Total for Department 6210
RDJ SPECIALTIES, INC DRUG AWARENESS SUCKERS
Total for Department 6211
RDJ SPECIALTIES, INC BALLOONS
RDJ SPECIALTIES, INC PATROL CAR MAGNET
Total for Department 6215
TROPHIES PLUS DARE PLAQUE
Total for Department 6218
13,136.90*
54.95
54.95*
2,205.66
12.27
434.22
194.30
2,846.45*
17.10
17.10*
160.00
160.00*
350.00
197.14
68.47
666.00
114.58
17.70
300.0Q.
23.18
24.42
310.30
1,759.23
143.78
110.49
125.45
203.53
180.00
9.66
100.00
1,636.85
28.76
42.60
57.20
6,469.34*
279.24
279.24*
185.47
457.47
642.94*
18.11
18.11*
Date: 09/14/2001
Time: 09:57:02
operator: BECKY KLINE
Page: 3
Department Vendor Name Description Amount
BUILDING
BUILDING
ANIMAL CONTROL
ANIMAL CONTROL
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
;ETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
S':\REETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREET LIGHTING
STREET LIGHTING
INSURANCES
INSURANCES
INSURANCES
PARKS/RECREATION
PARKS/RECREATION
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
1ST CLASS PRINT SUPP CARTRIDGES
DAKOTA CNTY TREAS-AU AUG FUEL
Total for Department 6240
MN ANIMAL CONTROL AS WORKSHOP ANIMAL CONTROL
TOP DOG INC. ANIMAL CONTROL
Total for Department 6270
BOLTON & MENK INC GS DR EXTENSION STUDY
DAKOTA CNTY TREAS-AU AUG FUEL
GURNEY, DAVID PICNIC SUPPLIES
JOHNSON, KIRK CERT BRIDGE INSPECTION/R
MONTGOMERY, THOMAS APWA CONF REGISTRATION
Total for Department 6311
AT&T AUG LONG DISTANCE CHARGE
BAHLS SERVICE PATCH TIRE
DAKOTA CNTY TREAS-AU AUG FUEL
HATCH SALES CO. SHOVELS; GLOVES
MN DEPT OF TRANSPORT MATERIALS TESTING
NEXTEL COMMUNICATION WIRELESS SERVICE
NIEBUR IMPLEMENT CO BAR, CHAIN SAW
NIEBUR IMPLEMENT CO BRUSH KNIFE, WASHER
NIEBUR IMPLEMENT CO POLYCUT 40; BLADE
NIEBUR IMPLEMENT CO SHARPEN CHAIN
NIEBUR OIL CO INC 10-30 100 GALS
NIEBUR OIL CO INC 15 - 40 GALS
REIS, INC SPRAY PAINT
SPRINT AUG TELEPHONE
TESSMAN SEED INC ROUND UP
UNLIMITED SUPPLY INC NUTS, WASHERS, WIRE, CON
UNLIMITED SUPPLY INC WIRE, WASHERS
Total for Department 6312
DAKOTA ELECTRIC ASSN AUG BILLING
RADKE ELECTRIC CHECK WIRES; SIDEWALK CO
Total for Department 6313
DAVID AGENCY INSURANCE AGENCY FEE
LEAGUE/MN CITIES INS 4TH QTR GEN LIABILITY IN
LEAGUE/MN CITIES INS WORKERS COMP INS DEDUCTI
Total for Department 6923
Total for Fund 101
NIEBUR OIL CO INC ETHANOL
Total for Department
AT&T
CUSHMAN MOTORS
AUG LONG DISTANCE CHARGE
HYDRAULIC PUMP/BRACE
35.98
89.14
125.12*
65.00
1,200.00
1,265.00*
2,960.00
209.62
4.47
1,050.00
420.00
4,644.09*
26.60
21.18
1,183.26
84.67
123.53
324.60
80.24
46.33
105.69-
70.29
2,221. 06
35.09
4.76
263.17
61. 89
485.12
18.49
5,155.94*
817.73
253.20
1,070.93*
3,000.00
42,114.75
442.12
45,556.87*
135,558.52*
651.60
651.60*
8.39
159.90
Date: 09/14/2001
Time: 09:57:03
Operator: BECKY KLINE
Page: 4
Department Vendor Name Description Amount
PARKS/RECREATION
PARKS/RECREATION
PARKS /RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
I\.QUATIC CENTER
I\.QUATIC CENTER
I\.QUATIC CENTER
I\.QUATIC CENTER
CULTURE/RECREATION
CULTURE/RECREATION
PIONEER ROOM
PIONEER ROOM
PIONEER ROOM
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
GERLACH SERVICE, INC. BULB PRIMER
GERLACH SERVICE,INC. SPOOL
IKON OFFICE SOLUTION COPIER LEASE SEPT
MIDTOWN FOOD CENTER FOOD TREE TRUST OPEN HOU
MTI DISTRIBUTING COM NOZZLE; ASSEMBLY
RENT 'N' SAVE PORTAB PORTABLE RESTROOM RENTAL
SHEMIN NURSERIES ANC DIA STRT GRY
SHERWIN-WILLIAMS TAPE
SPRINT AUG TELEPHONE
STEVENS, JOHN SAFETY BOOTS
WESTBURNE SUPPLY INC 4 PVC PIPE PLUGS
Total for Department 6520
Total for Fund 200
JOHNSON, DARBIE A.D COMMUNITY FAM FUN NIGHT
JOHNSON, DARBIE A.D FIRST AID KITS
METROCALL PAGER SERVICE
NEXTEL COMMUNICATION WIRELESS SERVICE
Total for Department 6511
Total for Fund 201
ARMSTRONG TORSETH SK COUNCIL CHAMBERS AV SYST
MOSS & BARNETT LEGAL FEES CABLE RENEWAL
Total for Department 6560
Total for Fund 205
IKON OFFICE SOLUTION COPIER LEASE SEPT
LIGHT IMPRESSIONS ARCHIVAL ENVELOPES
MIDWEST PHOTO SERVIC FILM PROCESSING
Total for Department 6641
Total for Fund 210
AMERIPRIDE LINEN & A TOWELS
AT&T AUG LONG DISTANCE CHARGE
CLAREY'S SAFETY EQUI FIRE GEAR LINER
DAKOTA CNTY TREAS-AU AUG FUEL
DANKO EMERGENCY EQUI FIELD/ENG GUIDES
EMERGENCY APPARATUS' RETROFIT CLASS A FOAM
HOLMES, MARK CONFERENCE FEES; LODGING
IKON OFFICE SOLUTION COPIER LEASE SEPT
LAKELAND TRUCK CENTE SEAL
METRO FIRE, INC. CLASS A FOAM
SPRINT AUG TELEPHONE
TOP SHELF ATHLETICS SAFETY SHOES/ BOLER
VERIZON WIRELESS, BE CELL PHONE CHARGES
Total for Department 6220
1. 63
10.03
1l0.49
86.38
48.72
823.73
296.50
45.62
491.97
145.00
9.41
2,237.77*
2,889.37*
30.00
137.05
25.50
49.91
242.46*
242.46*
3,000. OJ!. .
358.60
3,358.60*
3,358.60*
1l0.49
104.97
87.53
302.99*
302.99*
21.30
51. 03
166.50
464.46
196.14
16,159.00
1,366.10
1l0.49
22.06
1,037.04
492.17
89.99
115 . 04
20,291.32*
Date: 09/14/2001
Time: 09:57:03
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 5
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
DAKOTA CNTY TREAS-AU AUG FUEL
EMERGENCY APPARATUS REPAIRS 1481
PRAXAIR DISTRIBUTION OXYGEN
PRENTICE HALL. INC. TEXTBOOKS
REGINA MEDI CAL CENTE AMBULANCE DRUGS
ROHR, GRACE REFUND CALL 20010959
VECTOR INTERNET SERV INTERNET SERVICES
Total for Department 6230
Total for Fund 213
MISCELLANEOUS
SPRINGSTED PUBLIC FI 1998A GO SWIM POOL BONDS
Total for Department 6800
Total for Fund 350
OTHER SERVlCES/CHARG HOISINGTON KOEGLER G LANDSCAPE DESIGN REVIEW
OTHER SERVICES/CHARG HOLST EXCAVATING INC LOCK & DAM PAY ESTIMATE
OTHER SERVlCES/CHARG XCEL ENERGY BIKE TRAIL LIGHTING
Total for Department 6700
Total for Fund 400
PARKS AND RECREATION BRIGGS & MORGAN
PARKS AND RECREATION TKDA ENGINEERS
Total for
PROF FEES; PUB FACILITY
BIDDING / CONST PHASE SE
Department 401
ADMINISTRATlVE/UNALL HASTINGS AREA CHAMBE MAP / TRAIL BROCHURE PRO
ADMINISTRATlVE/UNALL LOCUS ARCHITECTURE, L DESIGN/ PRINT EXPENSES
Total for Department 6072
ROADSIDE PARK
WEBBER RECREATIONAL ROADSIDE PARK SHELTER
Total for Department 6772
WALLIN PARK
SKIP'S SPRINKLERS IRRIGATION SYSTEM WALLIN
Total for Department 6790
Total for Fund 401
OTHER SERVICES/CHARG SOFTWARE TAILORS, IN PROLIANT ML 350 SERVER &
Total for Department 6700
Total for Fund 403
REDEVELOPMENT
UNITED PARCEL SERVIC EXPRESS DELIVERY
Total for Department 6635
Total for Fund 404
OTHER SERVICES/CHARG BOLTON & MENK INC
CENTURY SO UTILITY EXTEN
346.82
253.28
308.36
3,089.20
578.94
367.81
79.95
5,024.36*
25,315.68*
1,300.00
1,300.00*
1,300.00*
540 . 00
92,529.24
46.900.00
139,969.24*
139,969.24*
4,248.2.0 -
5,063.02
9,311. 22*
1,000.00
7,802.83
8,802.83*
22,171. 75
22,171.75*
15,573.51
15,573.51*
55,859.31*
18,152.80
18,152.80*
18,152.80*
12.15
12.15*
12.15*
22,562.03.
Date: 09/14/2001
Time: 09:57:04
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 6
lepartment Vendor Name Description Amount
'THER
'THER
ITHER
ITHER
ITHER
SERVICES/CHARG BOLTON & MENK INC
SERVICES/CHARG BRIGGS & MORGAN
SERVICES/CHARG BRKW APPRAISALS
SERVICES/CHARG BRKW APPRAISALS
SERVICES/CHARG MCES
GEN SIEBEN DESIGN ROW PL
PROF FEES; IMPR BONDS 20
EASEMENT APPRAISAL JABLO
EASEMENT APPRAISAL RIVER
PAY ESTIMATE #2; STREET
Department 6700
Total for
Total for Fund 491
[I SCELLANEOUS
SPRINGSTED PUBLIC FI 1997A GO IMP BONDS
Total for Department 6800
Total for Fund 589
[ISCELLANEOUS
SPRINGSTED PUBLIC FI 1997E GO IMP BONDS
Total for Department 6800
Total for Fund 597
[I SCELLANEOUS
SPRINGSTED PUBLIC FI 1998B GO IMP BONDS
Total for Department 6800
Total for Fund 598
II SCELLANEOUS
SPRINGSTED PUBLIC FI 1999A GO IMPROV BONDS
Total for Department 6800
Total for Fund 599
KELLY, MICHAEL / DEB REFUND DOUBLE PAY
MN DEPARTMENT OF REA 3RD QTR TESTING FEE
Total for Department
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
lATER
ALLIANCE ENERGY SYST SERVICE CALL, SURGING PR
AT&T AUG LONG DISTANCE CHARGE
CONNELLY INDUSTRIAL DIALER OPTION BOARD
CONNELLY INDUSTRIAL POWER SUPPLY BOX
DPC INDUSTRIES, INC. HYDROFLOUROSILICIC ACID
DAKOTA CNTY TREAS-AU AUG FUEL
DAKOTA ELECTRIC ASSN AUG BILLING
ECOLAB PEST ELIM.DIV ODOR UNITS
IKON OFFICE SOLUTION COPIER LEASE SEPT
NORTHERN WATER WORKS CABLE ASSY
OTTO EXCAVATING, INC REPAIR WATER MAIN/NEW GA
REI S, INC FAUCET, BUSHING
REIS,INC HOSE
REIS,INC TUBING CUTTER
SPRINT AUG TELEPHONE
TKDA ENGINEERS WATER SYSTEM PLAN UPDATE
TSR WIRELESS - MINNE PAGER RENTAL
1,952.26
3,847.46
3,500.00
7,000.00
567,983.42
606,845.17*
606,845.17*
1,300.00
1,300.00*
1,300.00*
1,300 :00
1,300.00*
1,300.00*
1,300.00
1,300.00*
1,300.00*
1,300.00
1,300.00*
1,300.00*
74.55
7,489.00
7,563.55*
335.00
26.61
585.75
368.38
590.96
1,092.77
33.44
11.72
110.49
28.12
3,692.00
9.46
103.86
13.03
263.18
233.60
20.78
Date: 09/14/2001
Time: 09:57:04
Operator: 'BECKY KLINE
Page: 7
Department Vendor Name Description Amount
WATER
WATER
WATER
WATER
WATER
WATER
WASTEWATER
CLERK
TRANSIT
TRANSIT
TRANSIT
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
HYDROELECTRIC
HYDROELECTRIC
HYDROELECTRIC
HYDROELECTRIC
HYDROELECTRIC
HYDROELECTRIC
HYDROELECTRIC
HYDROELECTRIC
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
TWIN CITY WATER CLIN BACTERIA ANALYSIS
US FILTER DISTRIBUTI 2" METER
US FILTER DISTRIBUTI 3/4" METERS
US. FILTER DISTRIBUTI FLANGE KITS, MOUNTING
US FILTER DISTRIBUTI REMOTE WIRE
VECTOR INTERNET SERV BUSINESS DIALUP
Total for Department 7100
Total for Fund 600
DAKOTA ELECTRIC ASSN AUG BILLING
Total for Department 7300
Total for Fund 601
DAKOTA CNTY TREAS-AU AUG FUEL
Total for Department 107
AT&T AUG LONG DISTANCE CHARGE
SPRINT AUG TELEPHONE
WHITEWATER WIRELESS, RADIO REPAIR
Total for Department 7500
Total for Fund 610
AT&T AUG LONG DISTANCE CHARGE
OOERER' S GENUINE PAR CLAMPS
LIGHTBOURN WELDING HANDRAILS EAST ARENA
NEXTEL COMMUNICATION WIRELESS SERVICES
REIS,INC VALVES; GAUGES; FITTINGS
SPRINT AUG TELEPHONE
Total for Department 7700
Total for Fund 615
BERG CHILLING SYSTEM CHILLER
DYNEX INDUSTRIES TRANSFORMER TESTING
MCCABES COMMERCIAL D 8 HRS DIVING @ HYDRO PLA
MEAD & HUNT, INC. HYDRO PLANT CONSULTANTS
NORTHSTAR IMAGING SE SCANNED DRAWINGS
SPRINT AUG TELEPHONE
WACO SCOFFOLDING DECK PLANK RENTAL
WASTE MANAGEMENT DUMPSTER RENTAL
Total for Department 7900
Total for Fund 620
Grand Total
96.00
480.92
-335.47
909.73
248.37
39.95
8,958.65*
16,522.20*
28.15
28.15*
28.15*
613 . 00
613.00*
4.14
54.44
404.38
462.96*
1, 075 .96~..
8.41
10.80
3,995.88
48.12
37.70
163.06
4,263.97*
4,263.97*
19,684.00
1,,160.00
1,200.00
3,105.60
447.03
48.43
362.10
58.50
26,065.66*
26.065.66*
1,042,962.23*
September 17, 2001
APPROVED:
City Administrator
Finance Director
Councilmember Hazlet
Councilmember Riveness
Council member Schultz
Councilmember Moratzka
Councilmember Hicks
Council member Yandrasits
Mayor Werner
VI-2
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
September 14, 2001
Cable Television Franchise Ordinance-First Reading and
Schedule a Public Hearing
RECOMMENDED CITY COUNCIL ACTION
It is recommended that the City Council take action approving the First Reading of the
attached Cable Television Franchise Ordinance, and schedule a Public Hearing and
Second Reading for the City Council meeting on October 1, 2001.
Backqround
Throughout the last several months, Staff has been working with Brian Grogan, the
City's attorney on cable television issues, who works with the firm of Moss and Barnett,
on the negotiations of a new cable television franchise ordinance with Media One of the
Upper Midwest. The attached ordinance is a culmination of the numerous meetings,
negotiations and compromises on the cable television franchise ordinance.
Brian Grogan was scheduled to deliver for me on Tuesday September 11, 2001 a
summary document, outlining his recommendations and major points of the cable
television franchise ordinance. Unfortunately, the tragic incidents of the day left Brian
stranded in Miami, Florida, and said document is not available. However, I hope to
reach Brian on Monday, and have the summary document available for the City Council
to review at the meeting on Monday September 17, 2001. At a minimum, or worst case
scenario, the City Council would be encouraged to approve the first reading on Monday
September 17, 2001, schedule the public hearing for October 1, 2001, at which time
Brian is scheduled to appear at the City Council meeting to offer a verbal report and
answer questions, as well as provide the written summary for the Council Packet.
CABLE TELEVISION FRANCmSE ORDINANCE
FOR
MEDIAONE OF THE UPPER MIDWEST, INC.
CITY OF HASTINGS, MINNESOTA
September 4, 2001
Prepared by:
Brian T. Grogan, Esq.
MOSS & BARNETT
A Professional Association
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-4129
(612) 347-0340
TABLE OF CONTENTS
ORDINANCE NO.
................................. ....................................................................1
STATEMENT OF INTENT AND PURPOSE ..................................... ........................................ ...1
FINDINGS
SECTION 1
1.
2.
SECTION 2
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
SECTION 3
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
SECTION 4
1.
2.
3.
4.
347380/6
................................................................................................................................. .1
SHORT TITLE AND DEFINITIONS ...................................................... ....... ..... ...1
Short Title............................................................................................................... 1
Definitions............................................................................................................... 2
GRANT OF AUTHORITY AND GENERAL PROVISIONS ...............................5
Grant of Franchise................................................... ................................................. 5
Grant of Nonexclusive Authority............................................ ................................ 5
Lease or Assignment Prohibited............................................................................. 5
Franchise Term.............................. ............................................. ............................. 6
Previous Franchises. ............................................................................................... 6
Compliance with Applicable Laws, Resolutions and Ordinances .......................... 6
Rules of Grantee..................................................................................................... 7
Territorial Area Involved........................................................................................ 7
Written Notice......................................................................................................... 7
Ownership of Grantee ...... ................. .... .............................................................. .... 8
CONSTRUCTION STANDARDS.......................................................................... 8
Registration, Permits Construction Codes and Cooperation................................... 8
Use of existing poles or conduits ............................................. ............................... 8
Minimum Interference............................................................................................ 9
Disturbance or damage ..... ..................... ................................................. ................ 9
Temporary Relocation............................................................................................ 9
Emergency ........................ ................................ .................................................... 10
Tree Trimming...................................................................................................... 10
Protection of Facilities.......................................................................................... 10
Installation records................................................................................................ 10
Locating Facilities................................................................................................. 10
City's rights........................................................................................................... 11
Facilities in Conflict.............................................................................................. 11
Interference with City Facilities............................................................. ............... 11
Interference with Utility Facilities ........................................................................ 11
Collocation...................................................................... ...................................... 11
Safety Requirements............................................................................................. 12
DESIGN PROVISIONS ....................................................................................... .12
System Upgrade: Minimum Channel Capacity ................................................... 12
Interruption of Service .......................... .....................:.......... .......... ..... ................. 12
Technical Standards.............................................................................................. 13
Special Testing.................................. ... .................. ............................................... 13
5. Drop Testing and Replacement................ ..... ........................................................ 13
6. FCC Reports......................................................................................................... 14
7. Line Extension...................................................................................................... 14
8. Nonvoice Return Capability .................. ................................................... ............ 14
9. Lockout Device... ............. ......... .~........................................................................... 15
SECTION 5 SERVICE PROVISIONS .................................................... ............ ........ ...............15
1. Regulation of Service Rates. ........................................................ ........... .............. 15
2. Non-Standard Installations.................................................................................... 15
3. Sales Procedures ........... .................. ......... ......................... .................................... 15
4. Consumer Protection and Service Standards ........................................................ 15
5. Subscriber Contracts ....................... .............. .................. ...................................... 18
6. Refund Policy........................................................................................................ 18
7. Late Fees........... .................................................................................................... 18
SECTION 6 ACCESS CHANNEL(S) PROVISIONS ...............................................................18
1. Grantee Support for PEG Access.......................................................................... 18
2. Subscriber Network Drops to Designated Building.............................................. 20
SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS.......................................21
SECTION 8 OPERATION AND ADMINISTRATION PROVISIONS ...................................23
1. Delegated-Authority ........... .................................................................................. 23
2. Administration of Franchise................................................................................. 23
3. Franchise Fee............................................................................................... ......... 23
4. Not Franchise Fees................................................................................................ 24
5. Access to Records.... ......................... .................................................................... 25
6. Reports and Maps to be Filed with City ............................................................... 25
7. Periodic Evaluation............................................................................................... 25
SECTION 9 GENERAL FINANCIAL AND INSURANCE PROVISIONS ............................26
1. Performance Bond....... .......... ........... ............. ..................... ........................ .......... 26
2. Letter of Credit...................................................................................................... 27
3. Liability Insurance .......................................................... .... .......... ........................ 29
4. Indemnification...................... ..................................................................... .......... 30
5. Grantee's Insurance ...... .................... ....... ... ....................................................... ... 30
SECTION 10 SALE, ABANDONMENT, TRANSFER AND REVOCATION OF
FRANCHISE........................................................................................................ .31
1. City's Right to Revoke............. ............................. .................................... ............ 31
2. Procedures for Revocation ..................... ............................................................... 31
3. Abandonment of Service............................................ ........................................... 31
4. Removal After Abandonment, Termination or Forfeiture .................................... 32
5. Sale or Transfer of Franchise........................................................... .....................32
SECTION 11 PROTECTION OF INDIVIDUAL RIGHTS ........................................................34
1. Discriminatory Practices Prohibited ..................................................................... 34
347380/6
2
2. Subscriber Privacy................................................................................................ 34
SECTION 12 UNAUTHORIZED CONNECTIONS AND MODIFICATIONS.........................34
1. Unauthorized Connections or Modifications Prohibited ...................................... 34
2. Removal or Destruction Prohibited ...................................................................... 34
3. Penalty................................................................................................................... 34
SECTION 13 MISCELLANEOUS PROVISIONS. .................. ............. ....... ..... ...................... ....34
1. Franchise Renewal............................ ......................................................... ........... 34
2. Work Performed by Others ........ ...................................... ..... ....... ....... ............. ..... 35
3. Amendment of Franchise Ordinance ..................:................................................. 35
4. Compliance with Federal, State and Local Laws................................,................. 35
5. Nonenforcement by City ......................................................................... .............. 36
6. Rights Cumulative ......................................... ....................................................... 36
7. Grantee Acknowledgment of Validity of Franchise ............................................. 36
8. Confidential and Trade Secret Information .......................................................... 36
SECTION 14 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS..........37
1. Publication, Effective Date ........................................._..... .......... ...................... ..... 37
2. Acceptance............................................................................................................ 37
EXHIBIT A
Corporate Guaranty
347380/6
3
ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCmSE TO MEDIAONE OF THE UPPER
MIDWEST, INC., TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF HASTINGS, MINNESOTA SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE;
PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC
RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE
PROVISIONS HEREIN;
The City Council of the City of Hastings, Minnesota ordains:
STATEMENT OF INTENT AND PURPOSE
City intends, by the adoption of this Franchise, to bring about the further development of a Cable
System, and the continued operation of it. Such development can contribute significantly to the
communication needs and desires of the residents and citizens of City and the public generally.
Further, City may achieve better utilization and improvement of public services and enhanced
economic development with the development and operation of a Cable System.
Adoption of this Franchise is, in the judgment of the City Council, in the best interests of City
and its residents.
FINDINGS
In the review of the request for renewal by Grantee and negotiations related thereto, and as a
result of a public hearing, the City Council makes the following findings:
1. Grantee's technical ability, financial condition, legal qualifications, and character
were considered and approved in a full public proceeding after due notice and a
reasonable opportunity to be heard;
2. Grantee's plans for operating the.Cable System were considered and found
adequate and feasible in a full public proceeding after due notice and a reasonable
opportunity to be heard;
3. The Franchise granted to Grantee by City complies with the existing applicable
Minnesota Statutes, federal laws and regulations;
4. The Franchise granted to Grantee is nonexclusive.
SECTION 1.
SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Television
Franchise Ordinance.
347380/6
2. Definitions. For the purposes ofthis Franchise, the following terms, phrases, words, and
their derivations shall have the meaning given herein. When not inconsistent with the
context, words in the singular number include the plural number. The word "shall" is
always mandatory and not merely directory. The word "may" is directory and
discretionary and not mandatory.
347380/6
a.
"Applicable Laws" means any law, statute, charter, ordinance, rule, regulation,
code, license, certificate, franchise, permit, writ, ruling, award, executive order,
directive, requirement, injunction (whether temporary, preliminary or permanent),
judgment, decree or other order issued, executed, entered or deemed applicable by
any governmental authority of competent jurisdiction.
b.
"Basic Cable Service" means any service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational,
and governmental access programming. Basic Cable Service as defined herein
shall not be inconsistent with 47 US.C. ~ 543(b)(7).
c.
"Cable Service" or "Service" means (A) the one-way transmission to subscribers
of (i) Video Programming or (ii) Other Programming Service, and (B) subscriber
interaction, if any, which is required for the selection or use of such Video
Programming or Other Programming Service. Cable Service or Service as
defined herein shall not be inconsistent with the definition set forth in 47 US.C. 9
522(6).
d.
"Cable System" or "System" means a system of antennas, cables, wires, lines,
towers, waveguides, or other conductors, converters, equipment, or facilities
located in City and designed and constructed for the purpose of producing,
receiving, transmitting, amplifYing, or distributing audio, video, and data. System
as defined herein shall not be inconsistent with the definition set forth in 47
D.S.C. 9 522(7).
e.
"Channel" or "Cable Channel" means a portion of the electromagnetic frequency
spectrum which is used in a Cable System and which is capable of delivering a:
television Channel as defined by the Federal Communications Commission.
f.
"City" means collectively City of Hastings, Minnesota, a municipal corporation,
in the State of Minnesota, acting by and through the City Council, or any lawfully
appointed designees or assigns thereto.
g.
h.
"City Council" means the governing body of the City of Hastings, Minnesota.
"Converter" means an electronic device (sometimes referred to as a receiver
which may serve as an interface between a System and a Subscriber's television
monitor, and which may convert signals to a frequency acceptable to a television
monitor of a Subscriber and may by an appropriate selector permits a Subscriber
to view all Subscriber signals included in the Subscriber's service.
2
J.
n.
p.
r.
347380/6
1.
"Drop" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
"FCC" means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
k.
"Franchise" or "Cable Franchise" means this ordinance and the regulatory and
contractual relationship established hereby.
1.
"Grantee" means Med!aOne of the Upper Midwest, Inc., doing business as AT&T
Broadband, its agents, employees, lawful successors, transferees or assignees.
m.
"Gross Revenue" means any and all revenue received directly or indirectly by
Grantee, that is derived from the operation of the Cable System to provide Cable
Services. Gross Revenues shall include, by way of example and not limitation,
revenues from Basic Cable Service, all Cable Service fees, Pay Television,
Franchise Fees, late fees, guides, home shopping, advertising, Installation and
reconnection fees, upgrade and downgrade fees, Converter rental fees and
Lockout Device fees. Gross Revenues shall also include, to the extent permitted
by Applicable Laws, Internet access fees and cable modem service fees resulting
from the provision of those services. The term Gross Revenues shall not include
bad debt write-offs, FCC regulatory fees, PEG fees, Subscriber credits,
adjustments or refunds, refundable subscriber deposits, any taxes on services
furnished by Grantee impos<;:d by any municipality, state, or other governmental
unit and collected by Grantee for such governmental unit, studio rental and
production equipment rental.
"Guaranty" means a contract wherein the parent company, general partnership or
other persons, firms or organizations whose financial standing is used to support
the commitments of Grantee will undertake to promise that the obligations, duties
and liabilities may be assumed by and become the responsibility of Guarantor.
o.
"Installation" means the connection, by or on the behalf of the Grantee, ofthe
System from feeder cable to the point of connection with the Subscriber
Converter or other terminal equipment.
"Institutional Network" or "I-Net" means a communications network which is
described in Section 7 herein and which is generally available only to identified
institutions as required by this Franchise.
q.
"Lockout Device" means an optional mechanical or electrical accessory to a
Subscriber's terminal which inhibits the viewing of a certain program, certain
channel, or certain channels provided by way of the Cable Communication
System.
''Normal Business Hours" means those hours during which most similar
businesses in City are open to serve customers. In all cases, ''Normal Business
3
t.
u.
v.
w.
x.
y.
z.
aa.
bb.
cc.
347380/6
Hours" shall include some evening hours at least one night per week and/or some
weekend hours.
s.
"Normal Operating Conditions" means those service conditions which are within
the control of Grantee. Those conditions which are not within the control of
Grantee include, but are not limited to, natural disasters, civil disturbances, power
outages, telephone network outages, and severe or unusual weather conditions.
Those conditions which are ordinarily within the control of Grantee include, but
are not limited to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the System.
"Other Programming Service" means information that a cable operator makes
available to all subscribers generally.
"Pay Television" means the delivery over the System of pay-per-channel or pay-
per-program audio-visual signals to Subscribers for a fee or charge, in addition to
the charge for Basic Cable Service or cable programming services as defined at
47 D.S.C. ~ 623.
"PEG" means public, educational and governmental.
"Person" is any person, firm, partnership, association, corporation, company, or
other legal entity.
"Right-of-Way" or "Rights-of-Way" means the area on, below, or above any real
property in City in which the City has an interest including, but not limited to any
street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place,
area, or real property owned by or under the control of City, including other
dedicated Rights-of-Way for travel purposes and lltility easements.
"Right-of-Way Ordinance" means the ordinance codifying requirements
regarding regulation, management and use of Rights-of-Way in City, including
registration and permitting requirements.
"Service Area" or "Franchise Area" means the entire geographic area within the
City as it is now constituted or may in the future be constituted.
"Standard Installation" means any installation which is located up to 125 feet
from the existing distribution system.
"Subscriber" means a member of the general public who receives broadcast
programming distributed by a Cable System and does not further distribute it.
"Television Monitor" means any device exclusive of a "Converter" which is used
by a Subscriber to tune television signals including, but not limited to, standard
television sets, video tape recorders, computer video tuner cards, or similar
devices.
4
dd. "Video Programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein. Failure of Grantee to provide a System as described herein, or meet the
obligations and comply with all provisions herein, shall be deemed a violation of this Franchise.
2. Grant ofNonexc1usive Authority
a. The Grantee shall have the right and privilege, subject to the permitting and other
lawful requirements of the City ordinance, rule or procedure, to construct, erect,
and maintain, in, upon, along, across, above, over and under the Rights-of-Way in
City a Cable System and shall have the right and privilege to provide Cable
Service.
b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be
used by Grantee if City determines that such use is inconsistent with the terms,
conditions, or provisions by which such Right-of-Way was created or dedicated,
or with the present or reasonably anticipated future use of the Right-of-Way.
c. This Franchise shall be nonexclusive, and City reserves the right to grant a use of
said Rights-of-Way to any Person at any time during the period of this Franchise
for the provision of Cable Service. The terms and conditions of any such grant of
a franchise to provide Cable Service or use of the Rights-of-Way shall be, when
taken as a whole, no less burdensome or more beneficial than those imposed upon
Grantee pursuant to this Franchise.
d. Before granting an additional cable television franchise, the City shall give
written notice to the Grantee of any other proposal to service all or part of the
Franchise area, identifying the applicant for such additional franchise and
specifying the date, time, and place at which the City shall consider and/or
determine whether such additional cable television franchise should be granted.
In the event Grantee believes that the City has entered into an additional cable
television franchise with terms or provisions that are, taken as a whole, more
favorable or less burdensome than the terms set forth in this Franchise, the City
shall, upon request by Grantee, enter into good faith negotiations with the Grantee
to consider modification of the Grantee's Franchise.
3. Lease or Assignment Prohibited. No Person may lease any portion of Grantee's System
for the purpose of providing Cable Service until and unless such Person shall have fIrst
obtained and shall currently hold a valid franchise or other lawful authorization from
City. Any assignment of rights under this Franchise shall be subject to and in accordance
with the requirements of Section 10, Paragraph 5.
347380/6 5
4:-- Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years from
the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as
herein provided.
5. Previous Franchises. Upon acceptance by Grantee as required by Section 14 herein, this
Franchise shall supersede and replace any previous ordinance, as well as written
agreements between the parties which pre-date this Franchise.
6. Compliance with Applicable Laws. Resolutions and Ordinances.
347380/6
a.
The terms of this Franchise shall define the contractual rights and obligations of
Grantee with respect to the provision of Cable Service and operation of the
System in City. However, Grantee shall at all times during the term of this
Franchise be subject to all lawful exercise ofthe police power, statutory rights,
and eminent domain rights of City. This Franchise may be modified or amended
with the written consent of Grantee and City as provided in Section 13, Paragraph
3 herein.
b.
Grantee shall comply with the terms of any City ordinance or regulation of
general applicability which addresses usage of the Rights-of- Way within City,
including the Right-of-Way Ordinance, which may have the effect of superseding,
modifying or amending the terms of Section 3 and/or Section 8 herein, except that
Grantee shall not, through application of such City ordinance or regulation of
Rights-of-Way, be subject to additional burdens with respect to usage of Rights-
of- Way which conflict with federal law or exceed burdens on similarly situated
Rights-of- Way users.
c.
In the event of any conflict between Section 3 and/or Section 8 ofthis Franchise
and any lawful and generally applicable City ordinance or regulation which
addresses usage of the Rights-of-Way, the conflicting terms in Section 3 and/or
Section 8 of this Franchise shall be superseded by such City ordinance or
regulation, except that Grantee shall not, through application of such City
ordinance or regulation of Rights-of-Way, be subject to additional burdens with
respect to usage of Rights-of-Way which conflicts with federal law or exceeds
burdens on similarly situated Rights-of-Way users.
In the event any lawful and generally applicable City ordinance or regulation
which addresses usage of the Rights-of-Way adds to, modifies, amends, or
otherwise differently addresses issues addressed in Section 3 and/or Section 8 of
this Franchise, Grantee shall comply with such ordinance or regulation of general
applicability, regardless of which requirement was first adopted except that
Grantee shall not, through application of such City ordinance or regulation of
Rights-of-Way, be subject to additional burdens with respect to usage of Rights-
of-Way which conflicts with federal law or exceeds burdens on similarly situated
Rights-of- Way users.
d.
6
e. In the event Grantee cannot determine how to comply with any Right-of-Way
requirement of City, whether pursuant to this Franchise or other requirement,
Grantee shall immediately provide written notice of such question, including
Grantee's proposed interpretation, to City, in accordance with Section 2,
Paragraph 9. City shall provide a written response within seventeen (17) days of
receipt indicating how the requirements cited by Grantee apply. Grantee may
proceed in accordance with its proposed interpretation in the event a written
response is not received within seventeen (17) days of mailing or delivering such
written question.
7. Rules of Grantee. Grantee shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable said Grantee to exercise its rights and perform its obligations under
this Franchise and to assure uninterrupted service to each and all of its Subscribers;
provided that such rules, regulations, terms and conditions shall not be in conflict with
Applicable Laws.
8. Territorial Area Involved. This Franchise is granted for the corporate boundaries of City,
as it exists from time to time. In the event of annexation by City, or as development
occurs, any new territory shall become part ofthe territory for which this Franchise is
granted; provided, however, that Grantee shall only be required to extend service beyond
its present System boundaries pursuant to Section 4, Paragraph 7 hereof. Grantee shall be
given a reasonable penod of time to construct and activate cable plant to service annexed
or newly developed areas but in no event to exceed twelve (12) months from notice
thereofby City to Grantee and qualification pursuant to the density requirements of
Section 4, Paragraph 7 hereof.
9. Written Notice. All notices, reports, or demands required to be given in writing under
this Franchise shall be deemed to be given when delivered personally to any officer of
Grantee or City's administrator of this Franchise during Normal Business Hours or forty-
eight (48) hours after it is deposited in the United States mail in a sealed envelope, with
registered or certified mail postage prepaid thereon, addressed to the party to whom
notice is being given, as follows:
If to City:
City Administrator
Hastings City Hall
101 East 4th Street
Hastings, MN 55033
If to Grantee:
Vice President-Minnesota Operations
MediaOne of the Upper Midwest, Inc. d/b/a AT&T Broadband
10 River Park Plaza
St. Paul, MN 55107
347380/6
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In addition to the formal notice listed above, City will endeavor to send a non-binding
courtesy copy to:
VP - Law & Governmental Affairs
MediaOne, d/b/a AT&T Broadband
10 River Park Plaza
St. Paul, MN 55107
Such addresses may be changed by either party upon notice to the other party given as
provided in this section.
10. Ownership of Grantee. Grantee represents and warrants to City and that the relevant
corporate ownership ofthe Grantee as of the Effective Date of this Franchise is as
follows: MediaOne of the Upper Midwest, Inc. is a wholly owned subsidiary of King
Video cable Company which in turn in a wholly-owned subsidiary of Media One of
Delaware, Inc. which in turn is a wholly owned subsidiary of MediaOne of Colorado, Inc.
which in turn is a wholly owned subsidiary of Media One Group, Inc.
SECTION 3.
CONSTRUCTION STANDARDS
1. Registration. Permits. Construction Codes. and Cooperation.
a. Grantee agrees to obtain all generally applicable permits as required by City prior
to removing, abandoning, relocating or reconstructing, if necessary, any portion of
its facilities. Notwithstanding the foregoing, City understands and acknowledges
there may be instances when Grantee is required to make repairs, in compliance
with federal or state laws, that are of an emergency nature. Grantee shall notify
City prior to such r~pairs, if practicable, and shall obtain the necessary permits in
a reasonable time after notification to City.
b. Generally applicable fees and reimbursement paid through the permitting process
is separate, and in addition to, any other fees included in the Franchise.
Failure to obtain permits or coniply with permit requirements shall be grounds for sanctions as
provided herein or in any other Applicable Law. Grantee shall not open or disturb the surface of
any Rights-of-Way or public place for any purpose without first having obtained a permit to do
so in the manner provided by law. All excavation shall be coordinated with other utility
excavation or construction so as to minimize disruption to the public.
2. Use of existing poles or conduits.
a.
Grantee shall utilize existing poles, conduits and other facilities whenever
commercially and technologically feasible, and shall not construct or install any
new, different or additional poles whether on public property or on privately-
owned property until the written approval of City is obtained. No location or any
pole or wire-holding structure of Grantee shall be a vested interest in the Right-of-
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8
Way or on City property, and any Grantee poles or structures in the Right-of-Way
or on City property shall be removed or modified by Grantee without charge to
the City whenever City determines that the public convenience would be
enhanced thereby.
b. The facilities of Grantee shall be placed underground where all utility lines are
placed underground.
3. Minimum Interference.
a. Grantee shall use its best efforts to give reasonable prior notice to any adjacent
private property owners who will be negatively affected or impacted by Grantee's
work in the Rights-of-Way.
b. All transmission and distribution structures, lines and equipment maintained by
Grantee shall be located so as to cause minimum interference with the
unencumbered use of Rights-of-Way and other public places except for normal
and reasonable obstruction and interference which might occur during
construction and to cause minimum interference with the rights and reasonable
convenience of property owners who adjoin any of the Rights-of-Way and public
places.
4. Disturbance or damage. Any and all Rights-of-Way, or public or private property, which
are disturbed or damaged during the repair, replacement, relocation, operation,
maintenance, expansion, extension or reconstruction of the System shall be promptly and
fully restored by Grantee, at its expense, to substantially the same condition as that
prevailing prior to Grantee's work, as determined by City. If Grantee shall fail to
promptly perform the restoration required herein, after written request of City and
reasonable opportunity to satisfy that request, City shall have the right to put the Rights-
of-Way, public, or private property back into substantially the same condition as that
prevailing prior to Grantee's work. In the event City determines that Grantee is
responsible for such disturbance or damage and fails to restore as set forth in this section,
Grantee shall be obligated to fully reimburse City for such restoration within thirty (30)
days after its receipt of City's invoice therefor.
5. Temporary Relocation.
a.
At any time during the period of the Franchise, Grantee shall, at its own expense,
protect, support, temporarily disconnect, relocate or remove any of its property
when, in the opinion of City, (i) the same is required by reason of traffic
conditions, public safety, Rights-of-Way vacation, City freeway or Rights-of- Way
construction, City alteration to or establishment of any Rights-of-Way or any
facility within the Rights-of- Way, sidewalk, or other public place, including but
not limited to, installation of sewers, drains, waterlines, power lines, traffic signal
lines or transportation facilities; or (ii) a City project or activity makes temporary
disconnection, removal, or relocation necessary or less expensive for City.
347380/6
9
b. Grantee shall, on request of any person holding a permit to move a building,
temporarily raise or lower its wires to permit the movement of such buildings.
The actual expense of such temporary removal or raising or lowering of wires
shall be paid by the person requesting the same, and Grantee shall have the
authority to require such payment in advance. Grantee shall be given not less than
ten (10) days advance written notice from such. person holding a permit to arrange
such temporary wire alterations.
6. Emergency. Whenever, in case of fire or other emergency, it becomes necessary in the
judgment of the city administrator, police chief, fire chief, or their delegates, to remove or
damage any of Grantee's facilities, no charge shall be made by Grantee against City for
restoration, repair or damages. Notwithstanding the above, Grantee reserves the right to
assert a right of reimbursement or compensation from any responsible party.
7. Tree Trimming. Grantee shall have the authority to trim trees on public Rights-of-Way at
its own expense as may be necessary to protect its wires and facilities, subject to any
required supervision and direction by City. Trimming of trees on private property shall
require consent ofthe property owner. Any trimming of trees by the Grantee in the
Rights-of-Way shall be subject to such generally applicable regulation as the city
administrator or other authorized official may establish to protect the public health, safety
. and convenience.
8. Protection of Facilities._ Nothing contained in this section shall relieve any Person from
liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's
facilities while performing any work connected with grading, regrading or changing the
line of any Rights-of-Way or public place or the construction or reconstruction of any
sewer or water system.
9. Installation Records. Grantee shall keep accurate installation records, maps, plats or
diagrams, of the location of all facilities in the Rights-of-Way and public ways and
furnish them to City upon request. Grantee shall cooperate with City to furnish, if
possible, such information in an electronic mapping format compatible with the then-
current City electronic mapping format. At the commencement of this Franchise and
upon completion of any further construction or relocation of underground facilities in the
Rights-of-Way and public ways, Grantee shall provide City, if possible and economically
feasible, with installation records in an electronic format compatible with the then-current
City electronic mapping format showing the location of the underground and above
ground facilities. In the event Grantee cannot provide installation records in an electronic
format due to economic feasibility Grantee shall provide City with a hard copy (i.e. paper
copy) of such records.
10. Locating Facilities.
a.
If, during the design process for public improvements, City discovers a potential
conflict with proposed construction, Grantee shall either: (a) locate and, if
necessary, expose its facilities in conflict or (b) use a location service under
contract with City or State to locate or expose its facilities. Grantee is obligated
347380/6
10
to furnish the location information in a timely manner, but in no case longer than
thirty (30) days.
b. City reserves the prior and superior right to lay, construct, erect, install, use,
operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any
Rights-of-Way, aerial, surface, or subsurface improvement, including but not
limited to water mains, traffic control conduits, sanitary or storm sewers,
subways, tunnels, bridges, viaducts, or any other public construction within the
Rights-of- Way of City limits.
11. City's Rights. Nothing in this Franchise shall be construed to prevent City from
constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining,
repairing, relocating and/or altering any Right-of-Way; constructing, laying down,
repairing, maintaining or relocating any water mains; or constructing, maintaining,
relocating, or repairing any sidewalk or other public work.
12. Facilities in Conflict. If, during the course of a project, City determines Grantee's
facilities are in conflict, then Grantee shall, within a reasonable time, but in no event
exceeding four (4) months, remove or relocate the conflicting facility. This time period
shall begin running upon receipt by Grantee of written notice from City. However, if
both City and Grantee agree, the time frame may be extended based on the requirements
of the project.
13. Interference with City Facilities. The installation, use and maintenance of Grantee's
facilities within the Rights-of- Way and public ways authorized herein shall be in such a
manner as not to unreasonably interfere with City's placement, construction, use and
maintenance of its Rights-of-Way and public ways, Rights-of-Way lighting, water pipes,
drains, sewers, traffic signal systems or other City systems that have been, or may be,
installed, maintained, used or authorized by City.
14. Interference with Utility Facilities. Grantee agrees not to install, maintain or use any of
its facilities in such a manner as to damage or unreasonably interfere with any existing
facilities of a utility located within the Rights-of- Way and public ways of City. Nothing
in this section is meant to limit any rights Grantee may have under Applicable Laws to be
compensated for the cost of relocating its facilities from the Person or utility that is
requesting the relocation.
15. Collocation. To maximize public and employee safety, to minimize visual clutter of
aerial plant, and to minimize the amount of trenching and excavation in and along City
Rights-of-Way and sidewalks for underground plant, Grantee shall make every
commercially reasonable effort to collocate compatible facilities within the Rights-of-
Way subject to the engineering requirements of the owners of utility poles and other
facilities, in the case that relocation or extension of Grantee's facilities is approved or
required by City.
347380/6 11
16. Safety Requirements.
a. Grantee shall at all times employ ordinary and reasonable care and shall install,
maintain, and use nothing less than commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage or injuries.
b. Grantee shall install and maintain its System and other equipment in accordance
with all applicable City codes and the requirements of the National Electric Safety
Code and all other applicable FCC, state and local regulations, and in such
manner that they will not interfere with City communications technology related
to health, safety and welfare of the residents.
c. Cable System structures, lines, equipment and connections in, over, under and
upon the Rights-of-Way of City, wherever situated or located, shall at all times be
kept and maintained in good condition, order, and repair so that the same shall not
menace or endanger the life or property of City or any Person.
SECTION 4.
DESIGN PROVISIONS
1. Minimum Channel Capacity.
a. Upon the Effective Date of this Franchise, Grantee's System has 750 MHz
capacity, utilizes a hybrid fiber-coaxial architecture, and provides more than 100
channels of analog and/or digital video programming services. Grantee's System
shall continue to provide at least 100 channels of analog and/or digital video
programming services. Grantee reserves the right to use a portion of its
bandwidth in the future for other uses based on market forces.
b. The Cable System shall meet or exceed all applicable technical and performance
standards of the FCC and state and federal law.
c. Grantee shall maintain a System capable of providing non-video Cable Services
such as high-speed data transmission, Internet access, and other competitive
services.
d. All final programming decisions remain the discretion of Grantee in accordance
with this Franchise, provided Grantee notifies City and Subscribers in writing
thirty (30) days prior to any channel additions, deletions, or realignments in the
manner and to the extent required by federal law and subject to Grantee's signal
carriage obligations hereunder and pursuant to 47 U.S.C. ~ 531-536 and to City's
rights pursuant to 47 U.S.C. ~ 545. Location and relocation of the PEG Channels
shall be governed by Section 6.
2. Interruption of Service. To the extent within Grantee's control in the ordinary course of
business, Grantee shall interrupt service only for good cause and for the shortest time
possible. Such interruption shall occur during periods of minimum use of the System
rebuttably presumed to be between the hours of 12:00 a.m. and 6:00 a.m. local time. If
347380/6 12
service is interrupted for a total period of more than twenty-four (24) continuous hours to
one or more Subscribers in any thirty (30) day period, those Subscribers shall, upon
request, be credited pro rata for such interruption.
3. Technical Standards. The technical standards used in the operation ofthe System shall
comply, at minimum, with the technical standards promulgated by the FCC relating to
Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal
Regulations, as may be amended or modified from time to time, which regulations are
expressly incorporated herein by reference. In addition, to the maximum extent that the
FCC has not specifically preempted the City's rights to set its own technical standards for
the operation of Grantee's Cable System, Grantee shall be subject to any applicable local
technical standards.
4. Special Testing.
a. Throughout the term of this Franchise, City shall have the right to inspect all
construction or installation work performed pursuant to the provisions of the
Franchise. In addition, City may require special testing of a location or locations
within the System if there is a particular matter of controversy or unresolved
complaints regarding such construction or installation work or pertaining to such
location(s). Demand for such special tests may be made on the basis of
complaints received or other evidence indicating an unresolved controversy or
noncompliance. Such tests shall be limited to the particular matter in controversy
or unresolved complaints. City shall endeavor to so arrange its request for such
special testing so as to minimize hardship or inconvenience to Grantee or to the
Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days following
receipt of written notice to investigate and, if necessary, correct problems or
complaints upon which tests were ordered. City shall meet with Grantee prior to
requiring special tests to discuss the need for such and, if possible, visually
inspect those locations which are the focus of concern. If, after such meetings and
inspections, City wishes to commence special tests and the thirty (30) days have
elapsed without correction of the matter in controversy or unresolved complaints,
the tests shall be conducted by a qualified engineer selected by City and Grantee,
and Grantee shall cooperate in such testing. If such testing shows Grantee to be
noncompliant, Grantee shall pay all costs associated with said testing, otherwise
the City shall bear such costs.
5. Drop Testing and Replacement. Grantee certifies that all existing Drops and/or
associated passive equipment is currently capable of passing a minimum of 550 MHz.
The Grantee shall replace, at no separate charge to an individual Subscriber, all Drops
and/or associated passive equipment incapable of passing the full 750 MHz System
capacity at the time a Subscriber either upgrades service to a level that requires a signal
above the 550 MHz spectrum or experiences picture quality.
347380/6 13
6. FCC Reports. The results of any tests regarding Grantee's System in the Service area
required to be filed by Grantee with the FCC or placed in Grantee's public inspection file
as required by FCC rules, shall also be made available to City or its designee, upon
written request, within ten (10) days of the conduct of the date of request.
7. Line Extension.
a. Grantee shall construct and operate its Cable System so as to provide service to all
parts of its Franchise area as provided in this Franchise and having a density
equivalent to nine (9) dwelling units per one-quarter (1/4) mile of cable plant
needed to be constructed to serve such dwelling units ifthe extension is to be
constructed using aerial plant, and ten (10) dwelling units per one-quarter (1/4)
mile of cable plant needed to be constructed to serve such dwelling units if the
extension is to be constructed using underground plant. The City, for its part,
shall endeavor to exercise reasonable efforts to require developers and utility
companies to provide the Grantee with at least fifteen (15) days advance notice of
an available open trench for the placement of necessary cable.
b. Where the density is less than that specified above, Grantee shall inform Persons
requesting service of the possibility of paying for installation or a line extension
and shall offer to provide them with a free written estimate of the cost, which
shall be provided within fifteen (15) working days of such a request. The charge
for installation or extension for each Person requesting service shall not exceed a
pro rata share of the actual cost of extending the service and Grantee shall not be
obligated to extend its System until seventy-five percent (75%) of the Persons
requesting service in such area have prepaid their pro rata share of the extension.
c. Any residential unit located within one-hundred twenty-five (125) feet of the
nearest active plant on Grantee's System shall be connected to the System at no
charge other than the standard installation charge. Grantee shall, upon request by
any potential Subscriber residing in City beyond the one hundred twenty-five
(125) foot limit, extend service to such Subscriber provided that the Subscriber
shall pay the net additional Drop costs.
d. Under Normal Operating Conditions, if Grantee cannot perform installations
within the times specified in applicable customer standards, the Subscriber may
request and is entitled to receive a credit equal to the charge for a standard
installation. For any installation that is not a free installation or a standard
installation, Grantee shall provide the Subscriber with a written estimate of all
charges within twelve (12) days of a request by the Subscriber. Failure to comply
will subject Grantee to appropriate enforcement actions. This section does not
apply to the introduction of new products and services when Grantee is utilizing a
phased introduction.
8. Nonvoice Return Capability. Grantee is required to use cable and associated electronics
having the te~hnical capacity for nonvoice return communications.
347380/6 14
9. Lockout Device. Upon the request ofa Subscriber, Grantee shall make available a
Lockout Device in accordance with Applicable Law.
SECTION 5.
SERVICE PROVISIONS
1. Regulation of Service Rates. City may regulate rates for the provision of Cable Service,
equipment, or any other communications service provided over the System to the extent
allowed under Applicable Laws. City reserves the right to regulate rates for any future
services to the extent permitted by Applicable Laws. Any rate regulation undertaken by
City shall at all times comply with the rate regulations of the FCC at 47 C.F.R. 976.900
et. seq., as may from time to time be amended.
2. Non-Standard Installations. Grantee shall install and provide Cable Service to any
Person requesting other than a Standard Installation provided that said Cable Service can
meet FCC technical specifications. In such case, Grantee may charge for the incremental
increase in material and labor costs incurred beyond the Standard Installation.
3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when marketing
any of its services within City. In its initial communication or contact with a prospective
Subscriber, Grantee shall inform the prospective Subscriber of all levels of service
available, including the lowest priced service tiers. Grantee shall have the right to market
door-to-door during reasonable hours consistent with Applicable Laws.
4. Consumer Protection and Service Standards. Grantee shall maintain a convenient drop
. box location in the City for receiving subscriber payments. Grantee shall at all times
throughout the term of this Franchise comply with the following consumer protection
standards which are drawn from the FCC's customer service obligations in effect at the
time of acceptance of this Franchise:
a. Cable System office hours and telephone availability:
1. Grantee will maintain a local, toll-free or collect call telephone access line
which will be available to its Subscribers twenty-four (24) hours a day,
seven (7) days a week.
1. Trained Grantee representatives will be available ~o respond to
customer telephone inquiries during Normal Business Hours.
,2. After Normal Business Hours, the access line may be answered by
a service or an automated response system, including an answering
machine. Inquiries received after Normal Business Hours must be
responded to by a trained Grantee representative on the next
business day.
11.
Under Normal Operating Conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,e
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347380/6
transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less than ninety percent (90%) ofthe time under Normal
Operating Conditions, measured on a quarterly basis.
111. Grantee will not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless
an historical record of complaints indicates a clear failure to comply.
IV. Under Normal Operating Conditions, the customer will receive a busy
signal less than three percent (3%) of the time.
v. Customer service center and bill payment locations will be open at least
during Normal Business Hours. Payment drop boxes shall be emptied at
least once a day, Monday through Friday, with the exception oflegal
holidays, and payments shall be posted to Subscribers' accounts within
forty-eight (48) hours of pick-up. Subscribers shall not be charged a late
fee or otherwise penalized for any failure by the Grantee to empty a drop
box as specified herein, or to properly credit a Subscriber for a payment
timely made. Grantee shall provide subscribers with notice regarding drop
box payment, pick up and posting procedures.
b. Installations, outages and service calls. Under Normal Operating Conditions,
each of the following four standards will be met no less than ninety-five percent
(95%) ofthe time measured on a quarterly basis:
1.
Standard Installations will be performed within seven (7) business days
after an order has been placed. "Standard" Installations are those that are
located up to one hundred twenty-five (125) feet from the existing
distribution system.
11.
Excluding conditions beyond the control of Grantee, Grantee will begin
working on "service interruptions" promptly and in no event later than
twenty-four (24) hours after the interruption becomes known. Grantee
must begin actions to correct other service problems the next business day
after notification of the service problem.
111.
The "appointment window" alternatives for Installations, service calls, and
other Installation activities will be either a specific time or, at maximum, a
four-hour time block during Normal Business Hours. (Grantee shall
schedule service calls and other Installation activities outside of Normal
Business Hours for the express convenience of the customer.)
IV.
Grantee may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
v.
If Grantee's representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the
16
customer will be contacted. The appointment will be rescheduled, as
necessary, at a time which is convenient for the customer.
c. Communications between Grantee and Subscribers:
1. Notifications to Subscribers:
1. Grantee shall provide written information on each of the following
areas at the time of Installation of service, at least annually to all
Subscribers, and at any time upon request:
a. Products and services offered;
b. Prices and options for all levels, including free
programming services and conditions of subscription to
programming and other services;
c. Installation and service maintenance policies;
d. Instructions on how to use the Cable Service;
e. Channel positions of the programming carried on the
System; and
f. Billing and complaint procedures, including the address
and telephone number of the City's office.
2. Customers will be notified of any changes in rates, programming
services or channel positions as soon as possible in writing. Notice
must be given to Subscribers a minimum ofthirty (30) days in
advance of such changes if the changes are within the control of
Grantee. In addition, the Grantee shall notify Subscribers thirty
(30) days in advance of any significant changes in the other
information required by Section 5, Paragraph 4(c)(i)(I) above.
Grantee shall not be required to provide prior notice of any rate
changes as a result of a regulatory fee, franchise fee, or other fees,
tax, assessment or charge of any kind imposed by any federal
agency, state or franchising authority on the transaction between
the operator and the Subscriber. To the extent the Grantee is
required to provide notice of service and rate changes to
Subscribers, Grantee may provide such notice using any
reasonable written means at its sole discretion.
11. Billing:
1.
Bills will be clear, concise and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and
premium service charges and equipment charges. Bills will also
347380/6
17
clearly delineate all activity during the billing period, including
optional charges, rebates and credits.
2. In case of a billing dispute, Grantee must respond to a written
. complaint from a Subscriber within thirty (30) days.
111. Refunds: Refund checks will be issued promptly, but no later than either:
1. The customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or
2. The return of the equipment supplied by Grantee if Service is
terminated.
IV. Credits: Credits for service will be issued no later than the customer's next
billing cycle following the determination that a credit is warranted.
d. Grantee shall, upon written request, provide City with a quarterly customer
service compliance report which shall, at a minimum, demonstrate Grantee's
compliance with the terms and provisions ofthis Section 5, Paragraph 4 and any
additional customer service requirements contained in this Franchise, FCC
Customer Service Obligations, and other Applicable Laws.
5. Subscriber Contracts. Grantee shall file with City any standard form Subscriber contract
utilized by Grantee. If no such written contract exists, Grantee shall file with the City a
document completely and concisely stating the length and terms of the Subscriber
contract offered to customers. The terms of any Subscriber contract(s) shall be available
for public inspection during Normal Business Hours.
6. Refund Policy. In the event a Subscriber establishes or terminates service and receives
less than a full month's service, Grantee shall prorate the monthly rate on the basis of the
number of days in the period for which service was rendered to the number of days in the
billing.
7. Late Fees. Fees for the late payment of bills shall not be assessed by Grantee until after
the service has been fully provided and, then, only if the bill remains unpaid after the
Subscriber is notified of a delinquent balance. Late Fees shall be based on a reasonable
estimate of projected costs to Grantee oflate payment of bills and the servicing and
collecting of such accounts.
SECTION 6.
LOCAL CHANNELS AND NETWORK DROP PROVISIONS
1. Grantee Support for PEG Access. Grantee shall provide the following support for PEG
access within the service area:
a.
Grantee shall continue to make three (3) analog video Channels available
exclusively for noncommercial PEG use ("PEG Channels") as currently provided
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by Grantee. City may not request additional capacity beyond the three (3)
Channels for PEG use except in accordance with applicable state laws. City shall
be responsible for all programming requirements, including but not limited to
scheduling, playback, training, staffing, copyright clearances, and equipment,
maintenance and repair, on the PEG channels. City shall retain title to all PEG
equipment and facilities purchased or otherwise acquired by City.
b.
Grantee shall collect payment of One Dollar and 25/100 ($1.25) per month per
- Subscriber local programming support fee ("PEG fee"} starting on the effective
date of this Franchise and continuing throughout the term of the Franchise to be
used by the City for capital and operational support of PEG access. Payments
pursuant to this subsection shall be payable quarterly on the same schedule as
Franchise fee payments.
c.
No sooner than January 1,2004, the $1.25 PEG fee may be unilaterally increased
no more than once each calendar year in the City's sole discretion, upon sixty (60)
days advance written notice to Grantee, annually compounded from the effective
date ofthis Franchise, based on the increase from the Minneapolis/St. Paul
Consumer Price Index for all consumers and/or three percent (3%) each year,
whichever is greater. Notwithstanding the above, if the Grantee's number of
Subscribers has declined by three percent (3%) or more during the prior calendar
year, or if Grantee's number of Subscribers declines in any amount in two (2) or
more successive calendar years, the City, following receipt of written evidence
from Grantee, shall not be permitted to increase the PEG fee during such year.
d.
Grantee shall provide continuing technical assistance and support for all PEG
channels, including line checks, tests, audio/video adjustments, live feeds, and
any other technical issues related to the PEG channels.
e.
City shall establish rules and procedures for such scheduling in accordance with
Section 611 ofthe Cable Act (47 V.S.C. ~ 531).
f.
Grantee shall also designate the standard VHF channel 6 for uniform regional
channel usage currently provided by "Metro Channel 6" to the extent and under
the terms required by Minn. Stat. ~ 238.43.
g.
Grantee shall not relocate any PEG access Channel to a different Channel number
unless specifically required by Applicable Laws or unless otherwise agreed to in
writing by City. Grantee shall provide at least sixty (60) days prior written notice
of such relocation to Subscribers and the City, and Grantee shall reimburse the
. City for reasonable costs .caused by such relocation, including (1) logo, business
card or signage changes, (2) equipment modifications necessary to effect the
change at the programmer's production or receiving facility, or (3) reasonable
constituency notification costs.
h.
Throughout the Franchise term, playback from the PEG access Channels must be
configured so that the City or its designated entity is able to use their own
19
independent automated playback facilities, located at the Hastings Senior High
School at 4th and General Sieben Drive. Any master control that Grantee intends
to use for its operations must be located outside the space occupied by a
designated entity, unless the parties agree otherwise. The playback facility must
be configured so as to permit the designated entity to program all Channels for
which it is responsible for playback, on a live or taped basis. Grantee shall
continue to have access to the designated entity's master control so that it can
conduct necessary maintenance and repair affecting Grantee's network or
equipment upon reasonable notice or at any time in the event emergencies,. at no
costto City.
1. Grantee and City agree that the PEG fee will not be deemed to be "franchise fees"
within the meaning of Section 622 of the Cable Act (47 V.S.C. ~542), and such
obligations shall not be deemed to be (i) "payments in kind" or any involuntary
payments chargeable against the Franchise Fees to be paid to the City by Grantee
pursuant to Section 8 hereof or (ii) part of the Franchise Fees to be paid to City by
Grantee pursuant to Section 8 hereof. .
2. Subscriber Network Drops to Designated Building.
a. Grantee shall provide, free of charge, throughout the term of this Franchise,
Installation of one (1) Subscriber network Drop, one (1) cable outlet, one (1)
Converter, if necessary, and the highest level of analog Cable Service offered by
Grantee, (i.e. the equivalent of Basic Cable and Expanded Basic Cable level of
service provided upon the date of acceptance of this Franchise) excluding pay per
view, pay per channel (premium) programming, high-speed data services or
newly created non-video Cable Services, without charge to the following
institutions:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
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16.
Hastings City Hall, 101 East 4th Street
Hastings Community Ed Center, 10th and Tyler
District 200 Admin. Office, 9th and Vermillion (future relocation to 11th
and Pine)
Cooper Elementary, 17th and Vermillion
Kennedy Elementary, 10th and Tyler
Pinecrest Elementary, 12th and Tyler
Tilden Elementary, 4th and River
McAuliffe Elementary, 1501 West 12th Street
Hastings Senior High School- 4th and General Sieben Drive
Hastings Middle School, 11 th and Pine
Community TV Studio, 11th and Pine (plus 2nd drop to studio)
St. Elizabeth Ann Seton School, 600 Tyler Street
Police Station, 150 East 3rd Street
Fire Station, 1115 West 5th Street
Parks Maintenance Garage and School District Facility Goint use), 910
10th Street West
Aquatic Center, 901 Maple
20
17.- Civic Arena, 2801 Redwing Boulevard
18. Library [OPEN]
The Cable Service provided shall not be used for commercial purposes, and such
outlets shall not be located in areas open to the public. The City shall hold the
Grantee harmless from any and all liability or claims arising out of the provision
and use of Cable Service required by this subsection. Grantee will install, without
charge, a Drop and provide Cable Service as described above to additional
administrative buildings occupied by City or State-accredited schools as City may
request. In situations where a Drop in excess of three hundred fifty (350) feet is
required, the Grantee shall not be required to provide an outlet unless the
institution agrees to pay the incremental cost of any necessary Cable System
extension beyond three hundred fifty (350) feet.
b. The institutions may add outlets at their own expense, as long as such Installation
meets Grantee's standards and approval which approval shall not be unreasonably
withheld. Grantee shall have three (3) months from the date of City designation
of additional accredited schools or public institution( s) or relocations to complete
construction of the Drop and outlet unless weather or other conditions beyond the
control of Grantee requires more time. The provision of Institutional Network
service is addressed separately in Section 7 herein.
c. Cable Modem Service. Grantee has established a voluntary initiative to provide
Cable Internet Service to all State-accredited K-12 public and private schools and
public libraries that are passed by the upgraded Cable System at no charge to the
City or institutions. Grantee intends to provide each of these schools and libraries
with one (1) outlet of Internet access, including the necessary cable modem. For
as long as Grantee continues to offer free Cable Internet Service to accredited
schools, Grantee shall also provide free Cable Internet Service and required
modems to one (1) location at City Hall and to the City's designated PEG access
facility.
SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
1. Capacity
a. Grantee shall continue to provide an Institutional Network (I-Net) with 20
upstream channels and 34 downstream channels in the 5-450 MHz spectrum to
the institutions set forth below:
5.
6.
Hastings City Hall, 101 East 4th Street
Hastings Community Center, 10th and Tyler
Community TV Studio, 4th and General Sieben Drive .
District 200 Admin. Office, 9th and Vermillion (future relocation to 11 th
and Pine)
Cooper Elementary, 17th and Vermillion
Kennedy Elementary, 10th and Tyler
1.
2.
3.
4.
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21
7. Pinecrest Elementary, lih and Pine
8. Tilden Elementary, 4th and River
9. McAuliffe Elementary, 1501 West lih Street
10. Hastings Middle School, 11 th and Pine
11. Hastings Senior High School, 4th and General Sieben Drive
12. St. Elizabeth Ann Seton School, 600 Tyler Street
b. Other accredited K-12 schools or administrative buildings owned and occupied by
the City may be subsequently be designated by the City for connection to the 1-
Net if the designated institution is located less than five hundred (500) feet from
the existing I-Net and can be connected for a cost of construction not to exceed
$500, or if such institution agrees to reimburse Grantee for Grantee's documented
costs (on a time and materials basis) in excess of the five hundred foot and/or
$500 installation costs. Ifthe extension ofthe I-Net to the new location would
exceed the amplifier cascade specifications in subparagraph (c) below, then the
costs of construction shall include any fiber and node equipment necessary to
meet the specifications, unless the City agrees to waive such specifications for
that location.
c. Within twelve (12) months of the Effective Date of this Franchise, Grantee shall
incorporate fiber optics to an I-Net node which shall include two (2) fibers to
transmit all channels required in subparagraph a. above, transforming the I-Net
into a hybrid fiber-coax network and reducing the amplifier cascades to existing
institutional locations to an average of six (6), with the longest cascade not to
exceed ten (10).
d. Use ofthe I-Net by a designated institution is limited to its own use(s) and no
institution may sell I-Net capacity or usage to any third party.
2. Grantee's Use of Capacity. Grantee may use available capacity on the I-Net required
above for other uses, including commercial uses, provided, however, that usage of
seventy-five percent (75%) of such capacity by designated institutions shall have priority
over other uses subject to rules or policies adopted by Grantee and approved in advance .
by City. Further, should City determine that any portion of Grantee's use of the twenty-
five percent (25%) should be terminated to accommodate the use by a designated
institution for video purposes, City may direct that Grantee terminate its use at the
expiration of any third party use contract or three (3) years, whichever is sooner.
3. End User Equipment. Designated institutions shall be responsible for providing their
own end-user equipment. Grantee will provide standby power for the I-Net.
4. Service Standards.
a.
Grantee shall maintain, repair, reconstruct and, as necessary, replace coaxial I-Net
links and shall recover the actual cost for such activities from the City.
347380/6
22
b. The Grantee shall maintain, repair, reconstruct and, as necessary, replace
Institutional Network plant as described in subsection (i) and (ii) below at no cost
to the City during the term ofthis Franchise or any extension thereof:
(i) preventative and routine maintenance ofthe I-Net shall be performed in
the same timeframe and in the same fashion as routine and preventative
maintenance are performed for the Grantee's subscriber network. Actual
or potential problems discovered during the course of preventative and
routine maintenance shall be immediately reported to the City. After
informing the City of an actual or potential problem, the Grantee shall,
within a reasonable period of time, prepare and transmit a report to the
City describing the corrective action, if any, that was or will be taken.
(ii) within ten (10) minutes of receiving notice or otherwise learning ofa
maintenance or repair problem, the Grantee's technicians shall begin
actively working on the problem. The Grantee shall work on the problem
continuously until it is resolved.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
1. Delegated-Authority. City may delegate to any other body or Person authority to
administer the Franchise and to monitor the performance of Grantee pursuant to the
Franchise. Grantee shall cooperate with any such delegates of City.
2. Administration of Franchise. City or any designee thereof shall have continuing
regulatory jurisdiction and supervision over the System and Grantee's operation under
the Franchise. City, or its designee, may issue such reasonable rules and regulations
concerning the construction, operation and maintenance of the System as are consistent
with the provisions of the Franchise and Applicable Law.
3. Franchise Fee.
a.
During the term of the Franchise, Grantee shall pay quarterly to City or its
delegates a Franchise Fee in an amount equal to five percent (5%) of its quarterly
Gross Revenues.
b.
Any payments due under this provision shall be payable quarterly. The payments
shall be made on April 30th (1 st qtr.) July 31st (2nd qtr.) October 31st (3r qtr.) and
January 31st (4th qtr.), together with a report showing the basis for the
computation in form and substance substantially the same as listed below.
347380/6
23
Revenue Number of Gross 5%
Source Subscribers Revenue Franchise Fee YTD
Basic and Satellite Service
Premium
Pay-Per- View
Installation
Shopping Channels
Equipment Rental
Other Income
TOTAL
c. All amounts paid shall be subject to audit and recomputation by City and
acceptance of any payment shall not be construed as an accord that the amount
paid is in fact the correct amount.
4. Not Franchise Fees.
347380/6
a.
Grantee acknowledges and agrees that the Franchisee Fees payable by Grantee to
City pursuant to this section shall take precedence over all other payments,
contributions, services, equipment, facilities, support, resources or other activities
to be provided or performed by Grantee pursuant to this Franchise and that the
Franchise Fees provided for in this section ofthe Franchise shall not be deemed to
be in the nature of a tax, and shall be in addition to any and all taxes of general
applicability and other fees and charges which do not fall within the definition of
a franchise fee under 47 D.S.C. ~ 542.
b.
Grantee shall not apply or seek to apply or make any claim that all or any part of
the Franchise Fees or other payments or contributions to be made by Grantee to
City pursuant to this Franchise shall be deducted from or credited or offset against
any taxes, fees or assessments or general applicability levied or imposed by City
or any other governmental authority, including any such tax, fee or assessment
imposed on both utilities and cable operators or their services that does not fall
within the definition of a franchise fee under 47 D.S.C. ~ 542.
c.
Grantee shall not apply or seek to apply all or any part of any taxes, fees or
assessments of general applicability levied or imposed by the City or any other
governmental authority (including any such tax, fee or assessment imposed on
both utilities and cable operators or their services) that do not fall within the
definition of a franchise fee under 47 D.S.C. ~ 542 as a deduction or other credit
from or against any of the Franchise Fees or other payments or contributions to be
paid or made by Grantee to City pursuant to this Franchise which shall be deemed
to be separate and distinct obligations of Grantee.
24
5. Access to Records. City shall have the right to inspect, upon reasonable notice and
during Normal Business Hours, or require Grantee to provide within a reasonable time,
copies of any records maintained by Grantee which relate to System operations which are
reasonably necessary and appropriate to the performance of the City's rights, functions or
duties under this Franchise including specifically Grantee's accounting and financial
records related to the System. .
6. Reports and Maps to be Filed with City.
Grantee shall prepare and furnish to City, upon written request, such reports with respect
to its operations, affairs, transactions or property as is reasonably necessary and
appropriate to the performance of the City's rights, functions or duties under this
Franchise. City shall consult with Grantee as to the form, detail, and due dates of the
reports requested. Notwithstanding anything to the contrary set forth herein, Grantee
shall not ~e required to furnish to City information which it deems to be proprietary or
confidential in nature, nor to furnish books and records of any affiliate which is not
providing Cable Service in the Service Area. Nothing herein, however, shall prevent City
the opportunity to review such information as necessary and relevant to City's regulation
of Grantee under this Franchise. City agrees to treat any confidential information
disclosed by Grantee to the extent consistent with Applicable Law as trade secret
information under Applicable Laws, and only to disclose such information in accordance
with Applicable Laws. Grantee shall not be required to provide Subscriber information
in violation of Section 631 of the Cable Act.
7. Periodic Evaluation.
a.
City may require evaluation sessions at any time during the term of this Franchise,
but in no event more than once per calendar year, upon thirty (30) days written
notice to Grantee.
b.
Topics which may be discussed at any evaluation session may include, but are not
limited to, application of new technologies, System performance, programming
offered, access Channels, facilities and support, municipal uses of cable,
subscriber rates, customer complaints, amendments to this Franchise, judicial
rulings, FCC rulings, line extension policies and any other topics City or Grantee
deem relevant.
c.
As a result ofa periodic review or evaluation session, upon notification from City,
Grantee shall meet with City and undertake good faith efforts to reach agreement
on mutually acceptable changes and modifications to the terms and conditions of
the Franchise which are both economically and technically feasible.
347380/6
25
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
1. Performance Bond.
347380/6
a.
City acknowledges that Grantee has operated the System in the City for a
substantial length of time, and that Grantee has already completed the
construction and upgrade of its System in the City, and through its activities
Grantee has demonstrated that it has the financial and technical qualifications for
compliance with the terms of the Franchise. Except as expressly provided herein,
the Grantee shall not be required to obtain or maintain a performance bond as a
condition for being awarded the Franchise or continuing its existence. In order to
minimize costs, which ultimately may be borne by Subscribers, City agrees to
require a performance bond only in such amounts and during such times as there
is a reasonably demonstrated need therefor. City reserves the right to impose on
Grantee an obligation to file with City, a bond in the amount of up to $100,000.00
in a form and with such sureties as reasonably acceptable to City. This bond will
be conditioned upon the faithful performance by the Grantee of the material terms
of its Franchise and upon the further condition that in the event Grantee shall fail
to comply with any law, ordinance or regulation governing the Franchise, there
shall be recoverable jointly and severally from the principal and surety of the
bond any damages or loss suffered by City~ as a result, including the full amount
of any compensation, indemnification or cost of removal or abandonment of any
property of Grantee, plus a reasonable allowance for attorneys' fees and costs, up
to the full amount of the bond, and further guaranteeing payment by the Grantee
of claims, liens and taxes, due City which arise by reason of the construction,
operation, or maintenance of the System. Initially, no performance bond will be
required. In the event that a bond is required in the future, City agrees to give the
Grantee at least forty-five (45) days prior written notice thereof stating the reason
for the requirement. Transfer of this Franchise may be considered, in the City's
sole discretion, reasonable grounds for the imposition of a performance bond.
The rights reserved by City with respect to the bond are in addition to all other
rights City may have under the Franchise or any other law. City may, from year
to year, in its sole discretion, reduce the amount of the bond.
b.
The time for Grantee to correct any violation or liability, shall be extended by
City if the necessary action to correct such violation or liability is, in the sole
determination of City, of such a nature or character as to require more than thirty
(30) days within which to perform, provided Grantee provides written notice that
it requires more than thirty (30) days to correct such violations or liability,
commences the corrective action within the thirty (30) day period and thereafter
uses reasonable diligence to correct the violation or liability.
c.
In the event this Franchise is revoked by reason of default of Grantee, City shall
be entitled to collect from the performance bond that amount which is attributable
to any damages sustained by City as a result of said default or revocation.
26
d. Grantee shall be entitled to the return ofthe performance bond, or portion thereof,
as remains sixty (60) days after the expiration ofthe term of the Franchise or
revocation for default thereof, provided City has not notified Grantee of any
actual or potential damages incurred as a result of Grantee's operations pursuant
to the Franchise or as a result of said default.
e. The rights reserved to City with respect to the performance bond are in addition to
all other rights of City whether reserved by this Franchise or authorized by law,
and no action, proceeding or exercise of a right with respect to the performance
bond shall affect any other right City may have.
2. Letter of Credit.
a. At the time this Franchise becomes effective, Grantee shall deliver to the City an
irrevocable and unconditional letter of credit, in a form and substance acceptable
to the City from a National or State bank approv:ed by the City,.in the amount of
Seven Thousand Five Hundred and no/lOO Dollars ($7,500.00) as a security for
the faithful performance by it of all the provisions of this franchise and .
compliance with all lawful orders, permits and directions of City and the payment
by Grantee of any claim, liens and taxes due City which arise by reason of the
construction, operation or maintenance of the System.
b. In addition to recovery of any monies owed by Grantee to City or any Person or
damages to City or any Person as a result of any acts or omissions by Grantee
pursuant to the Franchise, City in its sole discretion may charge to and collect
from the Security Fund the following penalties:
347380/6
1.
For failure to provide data, documents, reports or information or to
cooperate with City during an application process or system review or as
otherwise provided herein, the penalty shall be $200.00 per day for each
day, or part thereof, such failure occurs or continues.
11.
Fifteen (15) days following notice from City of a failure of Grantee to
comply with construction, operation or maintenance standards, the penalty
shall be $300.00 per day for each day, or part thereof, such failure occurs
or continues.
111.
For failure to provide the services Grantee has proposed, including, but
not limited to, the implementation and the utilization of the PEG access
channels and the maintenance and/or replacement of the equipment and
other facilities, the penalty shall be $300.00 per day for each day, or part
thereof, such failure occurs or continues.
IV.
For Grantee's breach of any written contract or agreement with or to City
or its designee, the penalty shall be $300.00 per day for each day, or part
thereof, such breach occurs or continues.
27
347380/6
v. For failure to comply with any ofthe provisions of this Franchise, or other
Applicable Laws for which a penalty is not otherwise specifically
provided pursuant to this Paragraph c., the penalty shall be $200.00 per
day for each day, or part thereof, such failure occurs or continues.
c. Each violation of any provision of this Franchise shall be considered a separate
violation for which a separate penalty .can be imposed.
d. Whenever City finds that Grantee has violated one or more terms, conditions or
provisions of this Franchise, or for any other violation contemplated in
Subparagraph b. above, a written notice shall be given to Grantee informing it of
such violation. At any time after thirty (30) days (or such longer reasonable time
which, in the sole determination of City, is necessary to cure the alleged violation)
following local receipt of notice, provided Grantee remains in violation of one or
more terms, conditions or provisions of this Franchise, in the sole opinion of City,
City may draw against the letter of credit all penalties and other monies due City
from the date of the local receipt of notice.
e. Grantee may, within seven (7) days of receipt of such written notice, notify City
in writing that there is a dispute as to whether a violation or failure has in fact
occurred. Such written notice by Grantee to City shall specify with particularity
the matters disputed by Grantee. City shall hear Grantee's dispute within sixty
(60) days and render a final decision within sixty (60) days thereafter.
If Grantee does not dispute the alleged violation or upon the determination of City
that a violation has taken place, subject to Grantee's right to seek any applicable
judicial review, City may draw from the letter of credit an amount to cover imy
failure of Grantee to pay penalties accrued but unpaid after seven (7) days written
notice of such final determination.
f.
If said letter of credit or any subsequent letter of credit delivered pursuant thereto
expires prior to thirty (30) months after the expiration of the term of this
Franchise, it shall be renewed or replaced during the term of this Franchise to
provide that it will not expire earlier than thirty (30) months after the expiration of
this Franchise. The renewed or replaced letter of credit shall be of the same form
and with a bank authorized herein and for the full amount stated in Paragraph a. of
this section.
g.
If City draws upon the letter of credit or any subsequent letter of credit delivered
pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full
amount the same within ten (10) days and shall deliver to City a like replacement
letter of credit or certification of replenishment for the full amount stated in
Paragraph A of this section as a substitution of the previous letter of credit. This
shall be a continuing obligation for any draws upon the letter of credit.
h.
If any letter of credit is not so replaced or replenished, City may draw on said
letter of credit for the whole amount thereof and use the proceeds as City
28
determines in its sole discretion. The failure to replace or replenish any letter of
credit may also, at the option of the City, be deemed a default by Grantee under
this Franchise. The drawing on the letter of credit by City, and use ofthe money
so obtained for payment or performance of the obligations, duties and
responsibilities of Grantee which are in default, shall not be a waiver or release of
such default.
1. The collection by City of any damages, monies or penalties from the letter of
credit shall not affect any other right or remedy available to City, nor shall any
act, or failure to act, by City pursuant to the letter of credit, be deemed a waiver of
any right of City pursuant to this Franchise or otherwise.
3. Liability Insurance.
a. Upon the Effective Date, Grantee shall, at its sole expense take out and maintain
during the term ofthis Franchise public liability insurance with a company
licensed to do business in the state of Minnesota with a rating by A.M. Best & Co.
of not less than "A" that shall protect Grantee, City and the City's officials,
officers, directors, employees and agents from claims which may arise from
operations under this Franchise, whether such operations be by Grantee, its
officials, officers,' directors, employees and agents or any subcontractors of
Grantee. This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury and damage to
property, resulting from Grantee's vehicles, products and operations. ' The amount
of insurance for single limit coverage applying to bodily and personal injury and
property damage shall not be less than Two Million Dollars ($2,000,000.00). The
following shall be included in the certificate:
1. The policy shall provide coverage on an "occurrence" basis.
11. The policy shall cover personal injury as well as bodily injury.
lll. Broad form property damage liability shall be afforded.
The following endorsements shall be attached to the liability policy:
1.
City shall be listed as an additional insured on the policy.
11.
An endorsement shall be provided which states that the coverage is
primary insurance subject to the indemnification clause and that no other
insurance maintained by the Grantor will be called upon to contribute to a
loss under this coverage.
111.
Standard form of cross-liability shall be afforded.
IV.
An endorsement stating that the policy shall not be canceled without thirty
(30) days notice of such cancellation given to City.
347380/6
29
b. Grantee shall submit to City documentation ofthe required insurance, in the form
of a certificate of insurance signed by the insurance agent and companies named,
as well as all properly executed endorsements referenced above.
4. Indemnification
a. Grantee shall indemnify, defend and hold City, its officers, boards, commissions,
agents and employees (collectively the "Indemnified Parties") harmless from and
against any and all lawsuits, claims, causes or action, actions, liabilities, demands,
damages, judgments, settlements, disability, losses, expenses (including attorney's
fees and disbursements of counsel) and costs of any nature that any of the
Indemnified Parties may at any time suffer, sustain or incur arising out of, based
upon or in any way connected' with the Grantee's operations, the exercise ofthe
Franchise, the breach of Grantee of its obligations under this Franchise and/or the
activities of Grantee, it subcontractor, employees and agents hereunder. Grantee
shall be solely responsible for and shall indemnify, defend and hold the
Indemnified Parties harmless from and against any and all matters relative to
payment of Grantee's employees, including compliance with Social Security and
withholdings.
b. The indemnification obligations of Grantee set forth in this Franchise not limited
in any way by the amount or type of damages or compensation payable by or for
Grantee under Workers' Compensation, disability or other employee benefit acts,
acceptance of insurance certificates required under this Franchise or the terms,
applicability or limitations of any insurance held by Grantee.
c. City does not, and shall not, waive any rights against Grantee which it may have
by reason of the indemnification provided for in this Franchise, because of the
acceptance by City, or the deposit with City by Grantee, of any of the insurance
policies described in this Franchise.
d. The indemnification of City by Grantee provided for in this Franchise shall apply
to all damages and claims for damages of any kind suffered by reason of any of
Grantee's operations referred to in this Franchise, regardless of whether or not
such insurance policies shall have been determined to be applicable to any such
damages or claims for damages.
e. Grantee shall not be required to indemnify City for negligence or misconduct on
the part ofthe City or its officials, boards, commissions, agents, or employees,
including any loss claims related to public access channels in which City
participates subject to applicable state and federal statutory limitations.
5. Grantee's Insurance.
Grantee shall not commence any Cable System reconstruction work or permit any
subcontractor to commence work until all insurance required under this Franchise has
been obtained. Said insurance shall be maintained in full force and effect until the
expiration of this Franchise.
)47380/6
30
uu SECTION 10.--u
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
1. City's Right to Revoke.
a. In addition to all other rights which City has pursuant to law or equity, City
reserves the right to commence proceedings to revoke, terminate or cancel this
Franchise, and all rights and privileges pertaining thereto, if it is determined by.
City that:
1. Grantee has violated material provisions(s) of this Franchise; or
11. Grantee has attempted to evade any of the provisions of the Franchise; or
111. Grantee has practiced fraud or deceit upon City.
b. City may revoke this Franchise without the hearing otherwise required herein if
Grantee is adjudged a bankrupt.
2. Procedures for Revocation.
a. City shall provide Grantee with written notice of a cause for revocation and the
intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of
the notice in which to correct the violation or to provide adequate assurance of
performance in compliance with the Franchise. In the notice required therein,
City shall provide Grantee with the basis of the revocation.
b. Grantee shall be provided the right to a public hearing affording due process
before the City Council prior to the effective date of revocation, which public
hearing shall follow the thirty (30) day notice provided in subparagraph (a) above.
City shall provide Grantee with written notice of its decision together with written
findings of fact supplementing said decision.
c. Only after the public hearing and upon written notice of the determination by City
to revoke the Franchise may Grantee appeal said decision with an appropriate
state or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and effect unless
the term thereof sooner expires or unless continuation of the Franchise would
endanger the health, safety and welfare of any person or the public.
3. Abandonment of Service. Grantee may not abandon the System or any portion thereof
without having first given three (3) months written notice to City. Grantee may not
abandon the System or any portion thereof without compensating City for damages
resulting from the abandonment, including all costs incident to removal of the System.
347380/6 31
4. Removal After Abandonment. Termination or Forfeiture.
a. In the event of termination or forfeiture of the Franchise or abandonment of the
System, City shall have the right to require Grantee to remove all or any portion
of the System from all Rights-of-Way and public property within City.
b. If Grantee has failed to commence removal of System, or such part thereof as was
designated by City, within thirty (30) days after written notice of City's demand
for removal is given, or if Grantee has failed to complete such removal within
twelve (12) months after written notice of City's demand for removal is given,
City shall have the right to apply funds secured by the letter of credit and
Performance Bond, if applicable, toward removal and/or declare all right, title,
and interest to the System to be in City with all rights of ownership including, but
not limited to, the right to operate the System or transfer the System to another for
operation by it.
5. Sale or Transfer of Franchise.
a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate
change of or in Grantee, including, but not limited to, a fundamental corporate
change in Grantee's parent corporation or any entity having a controlling interest
in Grantee, the sale of a controlling interest in the Grantee's assets, a merger,
including the merger of a subsidiary and parent entity, consolidation, or the
creation of a subsidiary or affiliate entity, shall take place until a written request
has been filed with City requesting approval and such approval has been granted
or deemed granted; provided, however, that said approval shall not be required
where Grantee grants a security interest in its Franchise and/or assets to secure an
indebtedness. Upon notice to City, Grantee may undertake legal changes
necessary to consolidate the corporate or partnership structures of its
MinnesotalWisconsin Systems provided there is no change in the controlling
interests which could materially alter the financial responsibilities for the Grantee
and such changes do not otherwise trigger review under Minnesota Statutes
Section 238.083.
b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's
parent corporation or any other entity having a controlling interest in Grantee, so
as to create a new controlling interest therein, shall be subject to the requirements
of this Section 10, Paragraph 5. The term "controlling interest" as used herein is
not limited to majority stock ownership, but includes actual working control in
whatever manner exercised.
c. The Grantee shall file, in addition to all documents, forms and information
required to be filed by Applicable Law, the following:
1.
All contracts, agreements or other documents that constitute the proposed
transaction and all exhibits, attachments, or other documents referred to
therein which are necessary in order to understand the terms thereof
347380/6
32
(Confidential, trade, business, pricing or marketing information, or
information not otherwise publicly available may be redacted) pursuant to
the Procedures for Handling Trade Secret and Privileged Data to be
adopted by the City.
11. A list detailing all documents filed with any state or federal agency related
to the transaction including, but not limited to, the MPUC, the FCC, the
FTC, the FEC, the SEC or MNDOT. Upon request, Grantee shall provide
City with a complete copy of any such document.
d. City shall have such time as is permitted by federal law in which to review a
transfer request. Approval of the request shall not be unreasonably withheld.
e. As agreed to by Grantee in its previous franchise with City, Grantee shall
reimburse City for all the legal, administrative, and consulting costs and fees
associated with City's review of any request to transfer. Nothing herein shall
prevent Grantee from negotiating partial or complete payment of such costs and
fees by the transferee. Grantee may not itemize any such reimbursement on
Subscriber bills, but may recover such expenses in its subscriber rates if permitted
by Applicable Laws.
f. In no event shall a sale, transfer, corporate change, or assignment of ownership or
control pursuant to this Section 10, Paragraph 5.a. or b., be approved without the
transferee becoming a signatory to this Franchise and assuming all rights and
obligations thereunder, and assuming all other rights and obligations of the
transferor to the City including, but not limited to, any adequate guarantees or
other security instruments provided by the transferor.
g. In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to this Section 10, Paragraph 5.a. or b., City shall have the right to
purchase the System in accordance with all Applicable Laws.
h. City shall be deemed to have waived its right to purchase the System pursuant to
this Section in the following circumstances:
(i) If City does not indicate to Grantee in writing, within sixty (60) days of
receipt of written notice of a proposed sale, transfer, corporate change, or
assignment as contemplated in Section 10, Paragraph 5g. above its
intention to exercise its right of purchase; or
(ii) It approves the assignment or sale of the Franchise as provided within this
Section.
1.
No Franchise may be transferred if City determines Grantee is in noncompliance
with the Franchise unless an acceptable compliance program has been approved
by City. The approval of any transfer of ownership pursuant to this Section shall
not be deemed to waive any rights of City to subsequently enforce noncompliance
347380/6
33
issues relating to this Franchise even if such issues predated the approval, whether
known or unknown to City.
(i) The City has determined that the Grantee, as presently structured,
possesses the sufficient assets and resources so that no corporate guaranty
is required at the time of acceptance of this Franchise.
SECTION 11.
PROTECTION OF INDIVIDUAL RIGHTS
1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or
otherwise discriminate against Subscribers or general citizens on the basis of race, color,
religion, national origin, sex, age, status as to public assistance, or disability. Grantee
shall comply at all times with all other applicable federal, state, and city laws, and all
executive and administrative orders relating to nondiscrimination.
2. Subscriber Privacy. Grantee shall, at all times, comply with Applicable Laws regarding
subscriber privacy, including but not limited to 47 U.S.C. ~ 551.
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, I
Person, group, company, corporation, or governmental body or agency, without the
express consent of the Grantee, to make or possess, or assist anybody in making or
possessing, any unauthorized connection, extension, or division, whether physically,
acoustically, inductively, electronically or otherwise, with or to any segment of the
System or receive services of the System without Grantee's authorization.
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group,
company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or
assist thereof, any part or segment ofthe System for any purpose whatsoever, except for
any rights City may have pursuant to this Franchise or its police powers.
3. Penalty. Any firm, Person, group, company, or corporation found guilty of violating this
section may be fmed not less than Twenty Dollars ($20.00) and the costs ofthe action nor
more than Five Hundred Dollars ($500.00) and the costs ofthe action for each and every
subsequent offense. Each continuing day of the violation shall be considered a separate
occurrence.
SECTION 13.
MISCELLANEOUS PROVISIONS
1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with
Applicable Law. The term of any renewed Franchise shall be limited to a period no
. longer than allowed by Applicable Law.
347380/6 34
2. Work Performed by Others. All applicable obligations ofthis Franchise shall apply to
any subcontractor or others performing any work or services pursuant to the provisions of
this Franchise, however, in no event shall any such subcontractor or other performing
work obtain any rights to maintain and operate a System or provide Cable Service.
Grantee shall provide notice to City ofthe name(s) and address(es) of any entity, other
than Grantee, which performs substantial services pursuant to this Franchise.
3. Amendment of Franchise Ordinance. Grantee and City may mutually agree, from time to
time, to amend this Franchise. Such written amendments may be made subsequent to a
review session pursuant to Section 8, Paragraph 7 or at any other time if City and Grantee
agree that such an amendment will be in the public interest or if such an amendment is
required due to changes in federal, state or local laws; provided, however, nothing herein
shall restrict City's exercise of its police powers.
4. Compliance with Federal. State and Local Laws.
347380/6
a.
The terms ofthis Franchise shall govern Grantee's performance under this
Franchise except where federal or state laws or regulation preempt such local
regulation. In such cases the applicable federal or state laws or regulations shall
govern Grantee's performance under this Franchise.
b.
If any federal or state law or regulation shall require or permit City or Grantee to
perform any service or act or shall prohibit City or Grantee from performing any
service or act which may be in conflict with the terms of this Franchise, then as
soon as possible following knowledge thereof, either party shall notify the other
of the point in conflict believed to exist between such law or regulation. Grantee
and City shall conform to state laws and rules regarding cable communications
not later than one year after they become effective, unless otherwise stated, and to
conform to federal laws and regulations regarding cable as they become effective.
c.
If the City and Grantee do not agree that a material provision of this Franchise is
affected by such federal or state law or regulation, then either the City or Grantee
shall have the right to seek review of the provision in question as permitted by
Applicable Laws.
d.
If any term, condition or provision of this Franchise or the application thereof to
any Person or circumstance shall, to any extent, be held to be invalid or
unenforceable, the remainder hereof and the application of such term, condition or
provision to Persons or circumstances other than those as to whom it shall be held
invalid or unenforceable shall not be affected thereby, and this Franchise and all
the terms, provisions and conditions hereof shall, in all other respects, continue to
be effective and complied with provided the loss of the invalid or unenforceable
clause does not substantially alter the agreement between the parties. In the event
such law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision which had been held invalid or modified
is no longer in conflict with the law, rules and regulations then in effect, said
35
provision shall thereupon return to full force and effect and shall thereafter be
binding on Grantee and City.
5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with
any of the provisions of this Franchise by reason of any failure or delay of City to enforce
prompt compliance. City may only waive its rights hereunder by expressly so stating in
writing. Any such written waiver by City of a breach or violation of any provision of this
Franchise shall not operate as or be construed to be a waiver of any subsequent breach or
violation.
6. Rights Cumulative. All rights and remedies given to City by this Franchise or retained by
City herein shall be in addition to and cumulative with any and all other rights and
remedies, existing or implied, now or hereafter available to City, at law or in equity, and
such rights and remedies shall not be exclusive, but each and every right and remedy
specifically given by this Franchise or otherwise existing or given may be exercised from
time to time and as often and in such order as may be deemed expedient by City and the
exercise of one or more rights or remedies shall not be deemed a waiver of the right to
exercise at the same time or thereafter any other right or remedy.
7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had
an opportunity to review the terms and conditions of this Franchise and that under current
law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and
that Grantee believes City has the power to make the terms and conditions contained in
this Franchise. Except as provided in Section 13, Paragraph 4 ofthis Franchise, Grantee
agrees that it will not, at any time, set up against City in any claim or proceeding, any
condition or term of the Franchise as unreasonable, arbitrary, void as ofthe Effective
Date of this Franchise or that City had no power or authority to make such term or
condition.
In the case of any dispute or question as to the meaning, interpretation, or application of
any term, provision, or condition of this Franchise, City, in its reasonable discretion, shall
promptly resolve such dispute or question.
8. Confidential and Trade Secret Information. The City shall adopt and follow, consistent
with and permitted by Applicable Laws, procedures for protecting any confidential and
trade secret information of Grantee that may be provided to City in conformance with the
requirements of this Franchise. If required under this Franchise, such confidential or
trade secret information shall be provided to City if City adopts similar procedures for
protecting confidential and trade secret information.
9. Force Maieure. The Grantee shall not be deemed in default of provisions of this
Franchise where performance was rendered impossible by war or riots, labor strikes or
civil disturbances, floods, or other causes reasonably beyond the Grantee's control, and
the Franchise shall not be revoked or the Grantee penalized for such noncompliance,
provided that the Grantee, when possible, takes immediate and diligent steps to bring
itself back into compliance and to comply as soon as possible, under the circumstances,
with the Franchise without unduly endangering the health, safety and integrity of the
347380/6 36
Grantee's employees or property, or the health, safety and integrity of the public, the
Rights-of-Way, public property or private property.
10. Governing Law. This Franchise shall be governed in all respects by the law of the State
of Minnesota.
11. Captions and References. The captions and headings of sections throughout this
Franchise are intended solely to facilitate reading and reference to the sections and
provisions of this Franchise. Such captions shall not affect the meaning or interpretation
of this Franchise.
12. Rights of Third Parties. This Franchise is not intended to, and shall not be construed to,
grant any rights to or vest any rights in third parties, unless expressly provided herein.
13. Merger of Documents. This Franchise, and the attachments hereto, constitute the entire
Franchise agreement between the City and the Grantee, and supersede all prior oral or .
written franchises and understandings.
14. Severability. If any Section, subsection, sentence, paragraph, term, or provision hereof is
determined to be illegal, invalid, or unconstitutional, by any court of competent
jurisdiction or by any state or federal regulatory authority having jurisdiction hereof, such
determination shall have no effect on the validity of any other Section, subsection,
sentence, paragraph, term or provision hereof, all of which will remain in full force and
effect for the term of the Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
1. Publication. Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law. The Effective Date of this Franchise shall be the
date of acceptance by Grantee in accordance with the provisions of Section 14, Paragraph
2.
2. Acceptance.
a.
Grantee shall accept this Franchise within thirty (30) days of its enactment by the
City Council, unless the time for acceptance is extended by City. Such
acceptance by the Grantee shall be deemed the grant of this Franchise for all
purposes; provided, however, this Franchise shall not be effective until all City
ordinance adoption procedures are complied with and all applicable timelines
have run for the adoption of a City ordinance. In the event acceptance does not
take place, or should all ordinance adoption procedures and timelines not be
completed, this Franchise and any and all rights granted hereunder to Grantee
shall be null and void.
b.
Upon acceptance of this Franchise, Grantee and City shall be bound by all the
terms and conditions contained herein.
347380/6
37
c. Grantee shall accept this Franchise in the following manner:
1. This Franchise will be properly executed and acknowledged by Grantee
and delivered to City.
11. With its acceptance, Grantee shall also deliver any grant payments,
performance bond and insurance certificates, and guaranties, as required
herein that have not previously been delivered.
Passed and adopted this_ day of ,2001.
ATTEST: CITY OF HASTINGS, MINNESOTA
By: By:
Its: Its:
ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.
MEDIAONE OF THE UPPER MIDWEST, INC.
Date:
By:
Its:
Notary:
347380/6
38
EXHIBIT A
CORPORATE GUARANTY
347380/6
A-I
CORPORATE GUARANTY
THIS AGREEMENT is made this _ day of , 2000 between Meteor Acquisition
Inc. ("Guarantor"), the City of Hastings, Minnesota ("Franchising Authority"), and MediaOne of St.
Paul, Inc. ("Company").
WITNESSETH
WHEREAS, the Franchising Authority by action of its governing body on
October _, 1999 adopted Resolution No. ("Resolution") approving the transfer of
control of the cable television franchise ("Franchise") from MediaOne Group, Inc. to AT&T Corp.; and
WHEREAS, Guarantor is a parent of the Company; and
WHEREAS, Guarantor has a substantial interest in the conduct of the Company in complying
with the Company's obligations under the Franchise and any and all amendments thereof and any
agreements related thereto; and
WHEREAS, the Resolution requires the Company to furnish a guaranty to ensure the faithful
payment and performance by Company of the obligations under the Franchise; and
WHEREAS, the Guarantor desires to provide its unconditional guaranty that Company will
fulfill the requirements ofthe Resolution.
NOW, THEREFORE, in consideration ofthe foregoing premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby
unconditionally guarantees Company's due and punctual payment and performance of all of the debts,
liabilities and obligations contained in the Franchise ("Indebtedness").
This Agreement, unless terminated, substituted, or canceled, as provided herein, shall remain in
full force and effect for the duration of the term of the Franchise, except as expressly provided otherwise
in the Franchise.
Upon substitution of another Guarantor reasonably satisfactory to the Franchising Authority or
upon transfer of the Franchise to another entity not under common control of Guarantor, this Agreement
shall be terminated, substituted, or canceled upon thirty (30) days prior written notice from Guarantor to
the Franchising Authority and the Company.
Such termination shall not affect liability incurred or accrued under this Agreement prior to the
effective date of such termination or cancellation.
The Guarantor will not exercise or enforce any right of contribution, reimbursement, recourse or
subrogation available to the Guarantor against the Company or any other person liable for payment of
the Indebtedness or any collateral security therefor, unless and until all of the Indebtedness shall have
been fully paid and discharged.
347380/6
1
The Guarantor will payor reimburse the Franchising Authority for all reasonable costs and
expenses (including reasonable attorneys' fees and legal expenses) incurred by the Franchising
Authority in connection with the protection, defense or enforcement ofthis guaranty in any arbitration,
litigation or bankruptcy or insolvency proceedings.
The Guarantor will not assert, plead or enforce against the Franchising Authority any defense of
discharge in bankruptcy ofthe Company, statute of frauds, or unenforceabilityofthe Guaranty which
may be available to the Company or any other person liable in respect of any Indebtedness, whether or
not on account of a related transaction.
Any notices given pursuant to this Agreement shall be addressed to the Guarantor and Company
at 10 River Park Plaza, St. Paul, MN 55107, Attn: Vice President and General Manager, and to
the Franchising Authority at 3540 Red Wing Boulevard, Hastings, MN 55033.
IN WITNESS WHEREOF, the Company, Franchising Authority, and Guarantor have executed
this Corporate Guaranty as ofthe day, month and year first above written.
GUARANTOR:
METEOR ACQUISITION INC.
By:
Its:
COMPANY:
MEDIAONE OF THE UPPER MIDWEST, INC.
By:
Its:
FRANCHISING AUTHORITY:
CITY OF HASTINGS, MINNESOTA
By:
Its:
347380/6
2
MEMO
VI-5
To:
Melanie Mesko, City Clerk I _)
Lori A. Webster, Finance Director ~ '-J
Budget Adjustment - Capital Improvement Program - software
September 13, 2001
From:
Subject:
Date:
Recently I had a chance to review some reporting software for a Capital Improvement Progrma.
Dave Osberg and Marty McNamara also attended part of the demo. As part of the
Comprehensive Plan, weare required to also have a Capital Improvement Plan.
This software will assist in the creation of the ClP report and I am requesting a budget
adjustment to purchase this software for $ 1,000 plus sales tax from the Erf fund. Sufficient
funds are available from the Finance's Erf.
Pricing
I
~ Base Software License
i
J'swp. .L~
tVdd I- dtpr )
The Plan-It base software includes all the functions
needed to enter, store and edit data and create complete
plans. The annual cost is determined by the number of
user departments at your site (state sales taxes additional
where applicable). Minimum user system requirements
include:
~ . Microsoft Access ('97 or 2000)
-=
. Microsoft Windows ('95, '98 or NT)
Plan-It is offered on an annual license basis, with
system expiration occurring after twelve months. Upon
renewal, an updated version is supplied that includes
additional screen features, system enhancements or
functionality improvements made to the base system.
t::eL/ pb~
J(qf!~
eM S'cJ~
"'
~ ,/lIJ,{,;Y\
Base software license also includes Users Guide, Project
Request Form template and initial user training.
Plan-It files are delivered free via e-mail. If disks are
needed, a $25 handling cost for US Mail delivery applies.
TOTAL FIRST YEAR COST
1 Department ~$ LOOOJ
Up to 3 Departments $ 2,000
Up to 6 Departments $ 3,000
Up to 9 Departments $ 4,000
10+ Departments $ 5,000
ANNUAL RENEWAL COST
50% of First Year Cost
SMALL CITIES DISCOUNT
Cities with populations less than
5,000 receive a 25% discount off
the quoted first year costs
(renewal cost remains 50% of the
reduced amount)
~
(Optional) Technical Support
Receive up to 3 hours per license period in support of
the installed system, or purchase support on an as-
needed basis. Includes technical support for system
compatibility or usability issues as well as programming
associated with. the user's Microsoft Access upgrades.
SUPPORT OPTIONS
3 Hours of Support $150
-or-
As-Needed Support $150/hr
ON-SITE INSTALLATION
$200 plus travel expenses
~ (Optional) Business Services
~~
. Data Pre-Loading. Have Plan-It delivered with your
current capital improvement and/or equipment data
already entered.
. Group Training (beyond initial introduction). These
sessions help users become more effective and efficient.
. Business Services. Strategic Insights is available for
custom consulting to help with your planning process.
Projects may include meeting facilitation, plan preparation
or production, public meetings, etc.
Variable cost based on the
project scope. Upon request,
no-obligation project proposals
will be supplied.
Strategic Insights Company. 5900 Wooddale Avenue. Minneapolis, MN . 55424 . (952) 848-0181 . si@mn.rr.com
@
DJ~ ",j.
.r i__.-J:i:
I
Current Government Users
Population
ILLINOIS
City of Batavia Terry Klein Finance Officer (630) 879-1424 20,236
City of Evanston Pat Casey Budget Officer (847) 866-2915 73,233
City of Fulton Randy Balk Administrator (815) 589-2616 3,881
Village of Glen Ellyn Bob Minix Public Works Director (630) 469-6756 26,093 *
Village of Lake Zurich Rich Ratkowski Finance Officer (847) 540-1686 17,255 *
Village of Oak Park Greg Peters Finance Officer (708) 358-5462 53,648
Village of Palatine Sue Conn Budget Analyst (847) 358-7500 57,066
IOWA
City of Ke~kuk Ron Bode City Clerk (319) 524-2050 12,451
City of LeClaire Ed Choate Administrator (319) 289-4242 2,734
City ofWaukee Mark Arentsen Administrator (515) 987-4522 3,411
MINNESOTA
City of Albert Lea Bob Graham City Planner (507) 377-4316 17,953
City of Andover Jim Dickinson Finance Director (763) 755-5100 23,213
City of Anoka Jim Knutson Finance Director (763) 421-6630 17,964
City ofBloornington Terri Heaton Finance Director (952) 948-8700 87,476
City of Brooklyn Park Jon Thiel Public Works Director (763) 424-8000 63,940
City of Byron Mary Hoeft Treasurer (507) 775-2550 3,100
City of Carn bridge .P Jessie Hart Finance Director (763) 689-3211 5,334
City of Centerville Jim March Administrator (651) 429-3232 2,476
City ofCharnplin Stefanie Dunfee Finance Department (763) 421-8100 20,385
City of Chanhassen Bruce Dejong Finance Director (952) 937-5739 17,381
City ofCloquet Brian Fritsinger Administrator (218) 879-3347 II,154
City ofColurnbia Heights Kevin Hansen City Engineer (763) 706-3705 18,699
City of Coon Rapids Sharon Legg Finance Director (763) 755-2880 61,904
City of Delano Phil Kern Administrator (763) 972-0550 3,377
City of Detroit Lakes Lou Guzek Administrator (218) 847-5658 7,368
City of Eagan Tom PepPer Finance Director (651) 681-4617 60,073
City of Edina Wayne Houle Asst. City Engineer (952) 927-8861 47,235
City of Fairfax Marcia Pelzel City Clerkffreasurer (507) 426-7255 1,322
City of Fergus Falls Gordon Hydukovich Community Development Dir. (218) 739-2251 13,224
City of Fosston Chuck Lucken Administrator/Clerk-Treasurer (218) 435-1959 1,576
City of Glencoe Mark Larson City Clerk/Administrator (320) 864-5586 5,306
City of Hopkins Lori Yager Finance Director (952) 935-8474 16,887
City of Howard Lake Doug Borglund Administrator (320) 543-3670 1,749
City of Hutchinson Ken Merrill Finance Director (320) 234-4207 12,989
City of Inver Grove Heights Gal)' Johnson Public Works Director (651) 450-2500 29,151
City of Lake City Bruce Schumacher Finance Director/Clerk (651) 345-5383 4,602
City of Lino Lakes Al Rolek Finance Director (651) 982-2410 15,053
City of New Brighton Margaret Egan Finance Director (651) 638-2100 22,854
City of Northfield Karl Huber, Jr. Finance Director/Clerk (507) 645-3011 16,206
City of Oakdale Suzanne Warren Finance Director (651) 730-2714 26,061
City of Red Wing Brian Peterson Planning Director (651) 385-3617 15,854
* Installation scheduled Continued: ...
Strategic Insights Company. 5900 Wooddale Avenue. Minneapolis, Minnesota. 55424 . (952) 848-0181 . si@mn.rr.com
plfa.ltl
Current Users, Continued
Population
. MINNESOTA (continued)
City of Robbinsdale Cory Kampf Finance Director (763) 637-4534 14,149
City of Roseville Ed Burrell Administrator (651) 490-2292 34,306
City of Savage Chris Miller Finance Director (952) 882-2644 17,040
City of Shorewood Bonnie Burton Finance Director (952) 474-3236 7,008
City of St. James Mac Tilberg City Manager/Clerk (507) 375-3241 4,403
City of St. Louis Park Clint Pires Deputy City Manager (952) 924-2517 44,244
City of Winsted Brent Mareck Administrator (320) 485-4718 1,802
County of Chisago Jim Thoreen Administrator (651) 213-0451
Minnehaha Creek Watershed Eric Evenson Director (952) 471-0590
SOUTH DAKOTA
City of Mitchell Tim McGannon Public Works (605) 995-8420 13,798
City of Rapid City Randy Nelson City Engineer (605) 394-4110 54,423
WISCONSIN
City of Beaver Dam John Somers Comptroller (920) 887-4600 15,130
City of Brookfield Robert Scott Finance Director (262) 796-6653 37,255
Village of Brown Deer Kathy Kasza Comptrollerrrreasurer (414) 371-3050 12,294
City of Fitchburg Tony Roach Administrator (608) 270-4209 18,522
City of Green Bay Jim Blumreich Finance Director .. (414) 448-3025 103,267
Village of Kim berly Rick Hermus Administrator (920) 788-7500 5,853
City of Ladysmith Joel Dutenhoeffer Comptroller (715) 532-2600 4,006
City of Lake Mills Steve Wilke City Manager (920) 648-2344 4,617
City of Mequon Tom Watson Asst Finance Director (414) 242-3100 21,446
Village of Pleasant Prairie Kathy Goessl Finance Directorrrreasurer (262) 694-1400 14,226
City of River Falls Julie Bergstrom Finance Directorrrreasurer (715) 425-0900 11,696
City of Shawano Jim Stadler Administrator (715) 526-6138 7,851
Village of Th iensville Diane Robertson Administrator (262) 242-3720 3,470
City of Two Rivers Jane Kaminsky Finance Director (920) 793-5525 13,445
City of Waupaca Henry Veleker Administrator (715) 258-4411 5,393
Village of Weston John Jacobs Administrator (715) 241-2605 11,660
County of Wood Mike Martin Finance Director/Auditor (715) 421-8576
County of Douglas Larry Kroll Finance Director (715) 395-1405 *
* Installation scheduled [
Strategic Insights Company. 5900 Wood dale Avenue. Minneapolis. Minnesota. 55424 . (952) 848-0181 . si@mn.rr.com
P.-ltI
Current Users, Continued
Population
MINNESOTA (continued)
City of Robbinsdale Cory Kampf Finance Director (763) 637-4534 14,149
City of Roseville Ed Burrell Administrator (651) 490-2292 34,306
City of Savage Chris Miller Finance Director (952) 882-2644 17,040
City of Shorewood Bonnie Burton Finance Director (952) 474-3236 7,008
City of St. James Mac Tilberg City Manager/Clerk (507).375-3241 4,403
City of St. Louis Park . Clint Pires Deputy City Manager (952) 924-2517 44,244
City ofWinsted Brent Mareck . Administrator (320) 485-4718 1,802
County of Chisago Jim Thoreen Administrator (651) 213-0451
Minnehaha Creek Watershed Eric Evenson Director (952) 471-0590
SOUTH DAKOTA
City of Mitchell Tim McGannon Public Works (605) 995-8420 13,798
City of Rapid City Randy Nelson City Engineer (605) 394-4110 54,423
WISCONSIN
City of Beaver Dam John Somers Comptroller (920) 887-4600 15,130
City of Brookfield Robert Scott Finance Director (262) 796-6653 37,255
Village of Brown Deer Kathy Kasza Comptroller/Treasurer (414) 371-3050 12,294
City of Fitchburg Tony Roach Administrator . (608) 270-4209 18,522
City of Green Bay Jim Blumreich Finance Director (414) 448-3025 103,267
Village of Kimberly Rick Hermus Administrator (920) 788-7500 5,853
City of Ladysmith Joel Dutenhoeffer Comptroller (715) 532-2600 4,006
City of Lake Mills Steve Wilke City Manager (920) 648-2344 4,617
City of Mequon Tom Watson Asst Finance Director (414) 242-3100 21,446
Village of Pleasant Prairie Kathy Goessl Finance Director/Treasurer (262) 694-1400 14,226
City of River Falls Julie Bergstrom Finance Director/Treasurer (715) 425-0900 11,696
City of Shawano Jim Stadler Administrator (715) 526-6138 7,851 '<"'~f1'..,
Village of Thiensville Diane Robertson Administrator (262) 242-3720 3,470
City of Two Rivers Jane Kaminsky Finance Director (~20) 793-5525 o' 13,445
City of Waupaca Henry Veleker Administrator (715) 258-4411 5,393
Village of Weston John Jacobs Administrator (715) 241-2605 11,660
County of Wood Mike Martin Finance Director/Auditor (715) 421-8576
County of Douglas Larry Kroll Finance Director (715) 395-1405 *
* Installation scheduled
Strategic Insights Company . 5900 Wooddale Avenue . Minneapolis, Minnesota. 55424 . (952) 848-0181 . si@mn.rr.com
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VI 6
POLICE
DEPARTMENT
MEMO
.:.l
TO:
FROM:
DATE:
SUBJECT:
Dave Osberg, City Administrator
Chief Mike McMenomy /711
September 10, 2001
Consent Agenda Item - City Wide Auction Excess Property
This memo is to request Council approval and resolution to declare approximately 80-100
bikes as abandoned property as well as other abandoned and claimed property from the
City of Hastings Police Department and the other City departments with similar items to
auction.
Items from the Police Department include approximately 80-100 bikes g(!thered as
abandoned and found property over the last 12 month period, computers, printers, and
typewriters, all of which"are:fQt,%:p~.ws.~years old and have been taken outof circulation by ,
the Police Department.' ,'::"'.. " :, .
I would like to schedule an auction for approximately the first or second Saturday in
October and these items need to be declared by the Council as excess property.
Should you have any questions concerning this consent agenda item request please feel
free to contact me or Lt. Kegley. Thank you.
MCM/mjc
-,
MEMORANDUM
VII-I
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
September 14, 2001
Wide Area Networking Underground Fiber Installation Contract
Recommended Citv Council Action
It is recommended that the City Council take action approving the awarding of contract
to NerVersant of Minneapolis/St. Paul for the installation of the Underground Fiber from
the City Hall/Police Station campus to the Fire Station.
Backaround
At the City Council meeting on August 20, 2001 action was taken, authorizing the receipt
of quotes to allow for the installation of underground fiber from the City Hall to the Fire
Station for the Wide Area Network project for the City of Hastings. Earlier this year, the
consulting firm of ATSR completed a study of the wide area network needs for the City.
The . wide area networking would allow for the networking of voice and data
communications among the various City facilities. The initial study included a review of
the voice and data, wide area requirements and capacities, and a review of the existing
City facilities. The study recommended installation of the underground fiber from the
City Hall/Police Station campus, to the Fire Station. Quotes were received on
September 12, 2001. I have attached the quotes, received and a report from the City's
consultant recommended that the contract be awarded to NerVersant. The price quoted
does not include the necessary permit fees, which when added will still result in the
contract price being less than originally projected, which was $44,000.
/.-..'
ARMSTRONG, TORSETH, SKOLD AND RYDEEN, INC.
ARCHITECTS AND ENGINEERS
MEMORANDUM NO.
Project Number 01044
Page 1
DATE
September 13,2001
PROJECT
City of Hastings
Customer Owned Outside Plant
SUBJECT
Bid Sumniary
BY
Terry Hochbein
BID OPENING: September 12,2001 - ATSR Office.
Bids were received from three contractors on September 12, 2001 (see attached). One contract will be
awarded for the Base Bid plus Alternates A-I, A-4.
BID SUMMARY:
The Bid and Alternate Bids were reviewed and discussed with David Osberg.
The apparent low bidder was NerVersant ofMpls/St. Paul Inc. of Plymouth, Minnesota.
The Contractor was contacted, the project scope was reviewed and confirmation was received that they
were prepared to enter into a contractual agreement with the CitY of Hastings to perform the work
specified in ATSR specifications 16002, 16717 and A TSR drawing MANt.
NerVersant of Mpls/St. Paul Inc., formerly Metro Communications, has satisfactory completed a
number of previous ATSR projects. Based on our discussion and the information received to date,
NerVersant of Mpls/St. Paul Inc. meets the qualifications for a contract with a public body.
The Project Is Comprised Of:
Base Bid: The projects consists of main major components:
-Between the Police Station and City Hall: Provide a 12 strand single mode inter-building fiber
optic cable using the existing underground conduit.
- Between the Police Station and the Fire Station: Provide a 12 strand single mode direct buried
outside plant fiber optic cable.
Alternates:
A-I Fire Station: Increase fiber optic cable to 24 strands
A-2 City Hall: Add six strand 500MHz 50/125 multi-mode cable
A-3 Deleted
A-4 City Hall: Add six strand Avaya Lazispeed 300 cable
A-5 Provide location services until 12-31-02
,.
ARMSTRONG, TORSETH, SKOLD AND RYDEEN, INC.
ARCHITECTS AND ENGINEERS
MEMORANDUM NO.
Project Number 01044
Page 2
A-6 Provide location services unti112-31-04
A-7 Direct bury conduit behind curb
RECOMMENDATIONS FOR AWARD OF CONTRACT:
It is recommended that the City Council award the contract to NerVersant ofMpls/St. Paul Inc. of
Plymouth, Minnesota as the low response bidder as follows:
BASE BID AND ALTERNATE
BID RECOMMENDATION
NerVersant of Mpls/St. Paul Inc.
BASE BID:
$28,500.00 Recommended
Alternates to Base Bid:
A-I Fire Station: Increase fiber optic cable to 24 strands
A-2 City Hall: Add six strand 500MHz 50/125 multi-mode cable
A-3 Deleted
A-4 City Hall: Add six strand Avaya Lazispeed 300 cable
A-5 Provide location services unti112-31-02
A-6 Provide location services unti112-31-04
A-7 Direct bury conduit behind curb
Recommended
Not Recommended
Not Recommended
Recommended
~otFtecommended
Not Recommended
~ot Recommended
TOTAL OF RECOMMENDATIONS:
Base Bide plus Alternates A-I, A-4
$30,575.00
TIME OF COMPLETION:
Final Completion of December 3,2001.
Project # 01044
CITY OF HASTINGS, MN
CUSTOMER OWNED-OUTSIDE PLANT
FIBER OPTIC CABLING
(To be completed for all bids, please type or print)
(Fax Bids to ATSR; AUn: Terry Hochbein; 763.525.3289)
BIDDER (Firm)
Address
P.O. Box
City/StatelZip
Telephone Number
Fax Number
Person to contact regarding this Bid
Pursuant to notices given, the undersigned offers to furnish labor and materials necessary to
complete the construction work for:
CUSTOMER OWNED-OUTSIDE PLANT FIBER OPTIC CABLING
The project consists of the installation, testing and documentation of direct buried underground fiber optic
single mode communications cabling for the City of Hastings, MN. The communications cabling
interconnects the City Hall, Police Station and the Fire Station in accordance with Plans and Specifications
prepared by Armstrong, Torseth, Skold & Rydeen, Inc. 8501 Golden Valley Road, Suite 300, Minneapolis,
MN 55427.
BASE BID:
(Sum in words)
$
(Sum in figures)
No
Add Deduct Change
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
For the sum of
Alternates:
A-1 Fire Station: Increase fiber optic cable to 24 strand
A-2 City Hall: Add six strand 500MHz
50/125 multi-mode cable
A-3 Fire Station: Increase fiber optic cable to 24 strand
A-4 City Hall: Add six strand Avaya Lazispeed 300 cable
A-5 Provide location services until 12-31-02
A-6 Provide location services until 12-31-04
PROPOSAL TIME
Bidder agrees that this Bid shall remain in force for a period of thirty (30) consecutive calendar days from
the due date, and Bids may be accepted or rejected during this period. Bids not accepted within said thirty
(30) consecutive calendar days shall be deemed rejected.
TIME REQUIREMENTS
Owner requires the work to be completed by December 3, 2001.
END OF DOCUMENT
Preoared bv ATS&R Technoloav. Auaust - 2001
r:
~'.
City of Hastings, MN
CO-OSP
01044
SECTION 16002
Page 1
GENERAL PROVISIONS FOR
CUSTOMER OWNED-OUTSIDE PLANT
PART 1. - GENERAL
1.011 SUMMARY
A. This section is for information only, to allow the Contractor to successfully complete the project as
specified. The Contractor shall review all sections of the specification and drawings to determine the
complete scope of work.
B. The project comprises provision of an direct buried underground optical fiber cabling system for the
City of Hastings, MN.
1. Project is comprised of the following facilities:
a. Hastings Police S'tation
b. Hastings City Hall
c. Hastings Fire Station
C. Contractor shall furnish labor, materials, equipment, and other items necessary to complete the
installation as herein specified and as shown on the accompanying Drawings.
1.012 DRAWINGS
A. Description: Drawings and an area map have been provided to show building facilities, cable paths
communications rooms and entrance locations.
B. Special care shall be made to insure proper code clearances are maintained.
C. Confirm building construction to insure that installation methods techniques are compatible.
D. Contractor shall field measure to confirm all path lengths and distances.
E. Drawings are proportional, but are not dimensioned (Approx. Scale 1" = 60'). Dimensions given in
figures on the Drawings shall take precedence over scaled dimensions.
1.013 . MATERIALS AND EQUIPMENT
A. Materials shall be new and of type and quality as required by these Specifications. Supply materials
and equipment to the site in original packages, containers, or crates insofar as is practical.
B. It shall be Contractor's responsibility to schedule deliveries and provide for proper receipt, handling,
storage, and protection of materials and equipment used in work so as to effectively prevent damage
or deterioration.
C. Materials or equipment sustaining damage or deterioration from any cause whatever shall be
replaced or repaired by Contractor as required by Engineer. The responsibility as outlined above
shall remain in full force and effect until final acceptance of Work by Owner._
@ Copyright Armstrong Torseth Skold & Rydeen, Inc.
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City of Hastings, MN
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01044
SECTION 16002
Page 2
D. Materials and equipment shall be new and listed by UL as meeting the requirements of its standards
in every case where such a standard has been established for that particular type of material.
1.014 WORKMANSHIP AND CONSTRUCTION RULES
A. Installation work specified herein shall be performed to National Electrical Contractors Association
(NECA) Standard of Installation as a minimum.
B. Exposed parts of the electrical wiring system, including exposed conduits, surface raceway, flush
plates, and cabinet fronts, shall be square and true with building construction.
C. Correlation of Work: Contractor shall give careful consideration to existing work of other
Contractors and shall organize his work so that it will not interfere with existing work of other trades.
1. Specified mounting heights shall be coordinated with existing "on-site" Mechanical/General
Conditions and Shop Drawings by Contractor.
2. Conflicts or interference with existing work of other trades shall be brought to the attention of
the Engineer, in writing, before installation.
3. Should the Contractor not follow above procedures and install work that interferes with existing
work of others, Contractor shall make necessary changes to eliminate the interference or conflict
at Contractor's expense as directed by A TS&R.-
D. Protection of Equipment: Until final acceptance of work by Owner, Contractor shall be responsible
for safety, good condition, and protection of materials and equipment from damage from any cause.
Damaged equipment shall be replaced or returned to factory "as new" condition atthe Contractor's
expense, subject to approval by the Engineer.
E. Property disturbed by the installation of the buried communications cabling shall be repaired to its
original condition. Grass shall be repaired and seeded. The Contractor shall be responsible for
watering the seeded areas if natural rain is not sufficient for growth.
F. The Contractor shall be responsible to notify each property owner of the underground work being
done and to explain the procedures involved with the installation. Each property owner shall be given
a number at the Contractors office to call for reporting problems so that they do not call the City of
Hastings: The Contractor shall make all reasonable efforts to minimize the intrusion to the property
owners and be conscious of their concerns.
1.015 EXCAVATION AND BACKFILLING
A. General Requirements: Contractor shall perform excavation, backfilling, and compaction for
installation of communication work installed in earth, including direct burial cables, as well as ducts
or handholes, as follows:
1. Conduit or cables below grade exteriorto buildings shall be a minimum 42 inches below finish
grade or as noted on Drawings.
2. After underground lines have been inspected and priorto backfilling, forms shall be removed
@ Copyright Armstrong Torseth Skold & Rydeen, Inc.
City of Hastings, MN
CO-OSP
01044
SECTION 16002
Page 3
and excavation shall be cleaned of trash and debris. Material for backfilling shall consist of
excavation, or borrow of sand, gravel or other materials approved by Engineer, and shall be free
of trash, lumber or other debris. Place backfill in horizontal layers, not exceeding 9 inches in
thickness, and properly moisten to approximate optimum requirements. Each layer shall be
compacted down by hand or machine tampers, or by other suitable equipment, to a density that
will prevent excessive settlement or shrinkage. Backfill shall be brought to a suitable elevation
above grade to provide for anticipated settlement and shrinkage.
3. Areas directly under sidewalks and roadways shall be compacted to adry density not less than
95 percent of ASTM 01557 moisture density relationship. Contractor shall pay costs for testing
of compacted backfill by an approved testing laboratory when tests are requested by Engineer.
B. Underground Boring:
1. Underground boring shall be performed with directional boring equipment for crossing;
roadways, approaches, creek beds, and railroad tracks to avoid disturbances.
C. Dewatering:
1. General: Maintain excavated areas in a dry condition during excavation, compaction, and
backfilling operations. Under no circumstances shall concrete be poured underwater. Perform
excavation in a manner to prevent surface water and subsurface or ground water from flowing
into excavations. Do not allow water to accumulate in excavations.
2. Method: Remove water from excavations using dewatering methods to prevent softening of
foundation bottoms, undercutting footings, and soil changes detrimental to stability of subgrades
and foundations. Provide and maintain pumps, sumps, suction and discharge lines, and other
dewatering system components necessary to convey water away from excavations. Convey
water removed from excavations and rain water to collecting or run-off areas. Provide and
maintain temporary drainage ditches or other diversions outside excavation limits. Do not use
trench excavations for site utilities as temporary drainage ditches.
1.016 UNDERGROUND MARKING
A. General Requirements: Underground communications cables exterior to building are to be marked
by installation of a continuous identifying tape buried in trench above line. Bury tape 6 inchesbelow..'.
finished grade. Tape shall be made of inert plastic, 6 inches wide, yellow or orange colored with the
words "Caution Buried Fiber-Optic Cable Below" repeatedly printed along length of tape. Tape shall
be Griffolyn Company, "Terratape", or by Duratec, "28-031 or equal. Tape shall have metallic
location identifer within tape.
1.017
OPENINGS, CUTTING, DRILLING, AND PATCHING
A. General Requirements: Openings, cutting, drilling, and patching shall be done by this Contractor
as required in order to perform work, unless noted otherwise. However, special permission shall be
obtained from the Engineer before cutting structural members or finished materials:
1. DRILLING: Drilled penetrations shall be located subject to approval by Engineer, and after
@ Copyright Armstrong Torseth Skold & Rydeen, Inc.
City of Hastings, MN
CO-OSP
01044
SECTION 16002
Page 4
installation of Work, be properly sealed with an approved non-shrinking grout or compound.
Use of hammer drills or core drills is acceptable. Jack hammers shall not be used.
2. SLEEVES: Wall and floor sleeves required for communications work shall be furnished and set
by Contractor. Adequate fastening arrangements shall be employed in setting sleeves and
checked during pours to ensure proper positioning. All floor sleeves shall project 1-inch
minimum above floor surface and shall be only rigid conduit where exposed. Contractor shall
install in each wall and floor sleeve, a fire rated material to maintain fire rating of wall orfloor.
3. PATCHING: Perform patching in such a manner as to leave no visible trace and to return part
affected to the condition of undisturbed work. Patching shall be performed by workers
experienced, skilled, and licensed for particular type of work involved. Inferior work will not be
accepted.
4. GROUTING: Contractor shall be responsible for grouting airtight, openings adjacent to =
raceways and other electrical openings to seal against passage of air, smoke, or vapors.
Openings around raceways through floors exterior walls and foundations shall be sealed
watertight. Maintain ratings of fire rated partitions.
5. CAST-IN-PLACE CONCRETE: Provide cast-in-place concrete where interior floor slab-on-grade
patching is noted.
a. Design of Mixes: Design concrete mixes in accordance with AC1301, Section 3.9.2 and
3.9.3. Base design on size of mixer, cement, and aggregate to be used. Indicate cement
factor, water-cement, ratio and scale setting for mixer.
b. Type and Strength: Concrete shall have a minimum compressive strength, in place, at 28
days for interior slabs-on-grade, 3,500 psi.
c. Slump: Concrete slump shall be as determined by ASTM C143 and shall be 3 to 4 inches
for slabs-on-grade.
6. PAINTING: Paint exposed conduits and sleeves in finished areas with one coat Rust-Inhibitive
Primer and two coats Interior Alkyd Enamel.
1.018 IDENTIFICATION
A. General Requirements: The following equipment shall be labeled with identifying names or
numbers. (Each label shall be inscribed as described in that section of the Specifications which
applies to that item or device. Any inscriptions not specified shall be as directed by Engineer.)
1. Splice boxes, pull boxes, termination pedestal cabinets, terminal boards and equipment racks.
B. Labeling In Non-Finished Areas:
1. Pull Boxes: Stencil with Y:2-inch black letters.
@ Copyright Armstrong Torseth Skold & Rydeen, Inc.
'~J
City of Hastings, MN
." CO-OSP
01044
SECTION 16002
Page 5
2. Panels and Terminal Cabinets With Doors: %-inch white letters on a black micarta plate located
on exterior of panel.
C. Labeling In Finished Areas:
'1. Panelboard and terminal cabinet nameplates shall be same as above, only mount inside panel
door.
D. Cables shall be identified in pull boxes, splice cabinets, terminal cabinets and terminal racks in a neat,
permanent manner. This shall be by typed directories or by use of tags, pressure sensitive tape or
cable ties in terminal cabinets and pull boxes.
E. Printed Tape: Printed tape shall not be used.
F. Embossed Tape: Embossed tape shall not be used.
G. Inspection: Regular electrical inspection shall be requested of duly authorized Electrical Inspectors.
Inspection certificates, signed by Electrical Inspector, shall be furnished to Engineer as a part of the
closeout documentation for the project.
1.019 CODES AND FEES
A. The Contractor shall be responsible for all permits, licences, gaining access to easements and right-
of-ways as required for complete installation.
B. The Contractor shall meet the requirements of the authority having jurisdiction and applicable codes.
In absence of applicable codes thecontractors shall follow the National Electrical Safety Code (NEC-
IEEE E-2).
C. The Contractor shall be responsible to register the Wide Area Network cable with Gopher One.
D. The Contractor shall meet all requirements of these Drawings and Specifications where they may be
in excess of codes, ordinances and rules.
E. Regular inspections shall be requested by Contractor as required by all regulations. Charges for
inspections by regulating agencies of installations or Drawings and Specifications shall be paid by
. Contractor. .
1.0110
MAINtENANCE MANUAL
A. As-Built Drawings and Specifications: Upon completion of work, Contractor shall turn over 2 sets
of Drawings and Specifications. As-built drawings shall include detailed location/routing of the cabling,
building cable entrances and street crossings
END OF SECTION
@ Copyright Armstrong Torseth Skold & Rydeen, Inc.
City of Hastings, MN
CO-OSP
01044
SECTION 16717
Page 1
CUSTOMER OWNED-OUTSIDE PLANT
PART 1. - GENERAL
1.011 SUMMARY
A. The cabling systems shall include underground and inside optical fiber cable, termination
equipment, and cabinets.
B. The cabling systems shall be installed according to these specifications and specifications of
agencies listed in references.
C. Related Sections:
1. 16002 General Provisions
D. Existing Work:
1. In instances where existing cabling is encountered, it shall remain intact unless
modification or removal is specified. New installations may utilize existing closets, frames,
racks and cable administration hardware.
2. The Contractor shall provide the property insurance coverage and property liability
insurance for the entire project.
1.012 DESCRIPTION
A. Provide a customer owned-outside plant fiber optic single mode communications cabling
system connecting the City Hall, Police Station and Fire Station for the City of Hastings,MN.
B. Route cabling from each building entrance point to the main communications room in each
building as indicated on the drawings. The underground fiber-optic cable at building entrance
points shall be spliced upon entry unless installed within rigid metal conduit then shall extend no
more than 50 feet before being spliced to the indoor fiber-optic cable. Splice assemblies shall
be installed in a locked fiber cabinet. Provide grounding of underground cable armored
sheathing at termination point. Provide bonding and grounding of termination cabinets.
C. The underground fiber-optic shall be buried at a minimum depth' of 42 inches with a bright
orange warning tape installed 18 inches above the fiber cable.
D. Provide wall/rack mounted optical fiber shelves as required.
E. Label each termination on the fiber panel. Labeling shall be by a permanent labeling method.
F. The underground fiber optic cable shall be spliced using a fusion type splice. Each splice shall
be installed in a water proof enclosure. Each splice location shall be numerically labeled and
their locations clearly indicated on the as-built drawings.
G. Indoor optical fiber cable shall be installed in 1-1/4" interduct or conduit.
@Copyright Armstrong Torseth Skold & Rydeen, Inc.
City of Hastings, MN
"'- co-asp
01044
SECTION 16717
Page 2
H. Provide fire stop at all penetrations through fire rated walls and ceiling/floor systems designated
for technology use. Fire stopping method shall meet or exceed the minimum rating of the wall,
ceiling or floor penetrated.
I. Provide cable supports where not provided by others. The cable supports shall be j-hook type
with 1 inch wide cable surface with rounded edges. Supports shall be fastened to dedicated
hanger wire, wall or structural ceiling as applicable.
J. Provide a 1-1/4" interduct in the existing underground conduit between the City Hall and the
Police Station. Install the underground fiber optic cable within the interduct.
1.013 REFERENCES
A. EIAlTIA Bulletins:
1. EIAlTIA-568B
2. EIAlTIA-569
3. EIAlTIA-607
B. ANSI - Recommended Practice for Installing Telecommunications Systems
C. BICSI - Customer-Owned Outside Plant Design Manual, 2nd Edition
D. BICSI - Telecommunications Distribution Methods Manul, 9th Edition
PART 2. - PRODUCTS
1.021 OPTICAL FIBER CABLE, TERMINATION, AND ADMINISTRATION EQUIPMENT
A. Approved fiber-optic cable manufacturers:
1. Berk-Tek
2. Comm Scope
3. A vaya
4. Corning Glass
B. Single-Mode Optical Fiber Cable and connecting hardware shall be 8.3/125 micron single-
mode glass fiber, rated by manufacturer to meet or exceed the following minimum performance
criteria: .
1. Standards compliance: Bellcore, FOOl, EIA-CBWS, ICEA and EIAlTIA 568a as applies.
2. Indoor cable shall meet National Electric Code CMR or CMP rated insulation and jacket
material as required for specific installation.
3. Inside backbone cable shall have color-coded buffers over each fiber and have no metallic
components, strength members shall be dielectric fiber based.
4. Outside plant cable shall be loose tube, rodent resistant, metallic sheathed cable with
water blocking compound.
@ Copyright Armstrong Torseth Skold & Rydeen, Inc.
City of Hastings, MN
CO-OSP
01044
SECTION 16717
Page 3
5. Optical Loss (BIX) .5dB per Km at 131 Onm,.5dB per Km at 1550nm.
C. Approved termination and administration equipment manufacturers:
1. AMP
2. Avaya
3. Corning Glass
4. Siemon
5. 3M
D. Optical Fiber Splices shall be fusion type. Splices shall have assembly components
compatible with the fiber cable selected and meet the following specifications:
1. EIAfTIA-568-A
E. Optica.1 Fiber Termination Equipment shall include cabinets and rack mount shelves.
Equipment shall have facilities to support incoming fiber cable, provide storage of unsheathed
fiber tails and support termination and coupling hardware. Coupler support panels shall be
modular and panels shall be available for duplex SC couplers. Shelves and cabinets shall have
- - . - - -- .. .--- - ---c-ableaclministFati en -fixtl:;l-Fes-te..sul3pert pateR-cables .and-jumper-s .or-l-the.frontside..of -the .shelL - - - n_. - .-
F. Indoor Cable Duct: Ribbed duct with pull string shall meet fire ratings CMR or CMP as it
applies for the space installed.
Manufacturer: Arnco or equal of Carlon
G. Cable Supports
1. Manufacturer: Caddy or equal of B-Line
2. CA T21 - 1-5/16" loop
3. CA T32 - 2" loop
4. Necessary accessories for mounting method
H. Fire Stopping: General Electric Pensil850 silicone foam, T Flame Safe, Dow Corning Silicon
RTV Foam, Hilti FS611A, 3M Fire Barrier, W.R. Grace Polycel100, or Chase Foam CTC PR-
855.
PART 3. - EXECUTION
1.031 INSTALLATION
A. Installation shall be by installers trained in the installation of indoor and outdoor fiber-optic
communications cable and equipment. Installing contractor shall provide certificates of training
for communications cabling per EIA/TIA-568-A for supervisors of installation personnel.
Certificates shall be acceptable from a manufacturer of the equipment listed or an independent
training company.
B. The Contractor shall weather seal penetrations in the exterior walls of the buildings required for
the installation of the Wide Area Network cabling system.
@CopyrightArmstrongTorseth Skold & Rydeen, Inc.
City of Hastings, MN
CO-OSP
01044
SECTION 16717
Page 4
C. All Equipment shall be installed in a neat professional manner.
1. Splice Boxes shall be vertically plumb and securely fastened to the backboard.
2. Plywood backboards at building entrances shall be vertically plumb and securely fastened.
3. Cable terminations shall comply with manufacturers installation instructions and industry
guide lines.
4. Installer shall observe f?ctory installation guidelines for pulling tension, bending radius,
kinking, and proximity to lighting and other electrical equipment for all cables.
D. Fiber-optic cables shall be spliced at splice cabinet locations only.
E. Cables routed above accessible ceilings and in utility areas shall be installed in cable trays and
in conduits provided in the building. Where cables leave the cable tray they shall be supported
by bar joists or new tie wires in drop ceiling areas.
F. Cables not installed in cable tray or raceway shall be supported at intervals of 5 feet or less
along their entire length with cable support hooks.
G. Cable in cable duct may be installed in open trusses above 12 feet provided they are properly
tied as not to sag below the trusses and are dressed properly.
H. Fire Stopping: The Contractor shall be responsible to fire stop all wall and floor/ceiling
penetrations and pass throughs that they use to provide same time-rating as wall or floor/ceiling
itself.
J. Codes and Ordinances: Installation shall, in every respect, meet the requirements of this
Specification, the National Electric Code and other state and local codes and ordinances
including:
1. State and Local Building Codes
2. State Board of Health
3. State Industrial Commission
4. State and Local Fire Codes and Regulations
5.' National Electric Code
6. National Electrical Safety Code (IEEE C2)
7. State and Local Electrical Installation Codes
8. Occupational Safety and Health Administration (OSHA) Rules and Regulations
1.032 GROUNDING
A. Refer to EIAlTIA 607 and the National Electric Code.
B. Bond fiber splice cabinets, fiber shelves, equipment racks, and shields/armoring of cable to
grounding system.
@CopyrightArmstrong Torseth Skold & Rydeen, Inc.
City of Hastings, MN
CO-OSP
01044
SECTION 16717
Page 5
C. Bond armor sheathing at each splice cabinet to ground bus within cabinet.
D. Ground armor sheathing of underground cabling at both ends. All underground cabling shall be
installed in rigid metal conduit when inside a building structure.
1.033 TESTING
A. Perform Optical Time Domain Reflectometer (OTDR) testing on all fibers of the fiber-optic
cables and record results in the data base to be included in the as built documents. Installed
fiber shall meet or exceed EIAfTIA 568B specifications.
B. If the test reports failures, the contractor shall replace the cabling and/or make corrections as
needed and retest as specified.
C. All fiber optic cable strands shall be terminated and tested end to end for both wavelengths in
both directions. .
END OF SECTION
@ Copyright Armstrong Torseth Skold & Rydeen, Inc.
./
c" ",
PEOPLES
277 East Fillmore Ave.
St. Paul. MN 55107
Phone: 651-227-7711
Fax: 651-227-9684
ELECTRICAL - COMMUNICATIONS
CONTRACTORS
~
FACSIMILE TRANSMITTAL
\ <Z-~-f'1 \\,,,l 'hL'._
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TO:
COMPANY:
FAX NO.
DATE:
SUBJECT:
Cj
c;,
Please find 3 pages being transmitted to you. including this one. If you do not
call me within 30 minutes at 651-227-7711, I will assume that all information has
been transmitted correctly.
. MESSAGE:
Thank you,----
~~
PEOPLES CONTRACTORS
An Equal Opportunity Employer
.. '. .:
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Project # 01'044
,<
. CITV OF HASTINGS, MN
CUSTOMER OWNEO-OUTSIDE PLANT
FIBER OPTIC CABLING
BIDDER (Firm)
(To be completed for all bids, please type or print)
(Fax Bids to ATSR: Attn: Terry Hochbein: 763.525.3289)
Peoples Contractors
Address
277 E. Fillmore Avenue
P.o. Box
C fty/StateJZlp
St. Paul, MN 55107
Telephone Number
651-227-7711
Fax Number 651-227-9684
Penson to contact regarding this Bid Mi ke Smi th - 651-602-6848
Pursuant to notices given, the undersigned offers to furnish labor and materials necessary to
complete the construction work for:
CUSTOMER OWNED-OUTSIDE PLANT FIBER OPTIC CABLING
The project oonsists of the installation, testIng and documentation of direct buried underground fiber optic
single mode oommunications cabling for the City of Hastings, MN. The communications cabling
interconnects the City Hall, Police Station and the Fire Station In accordance With Plans and Specifications
prepared by Armstrong, Torseth, Skold & Ry~ee~, Inc. 8501 Golden Valley Road, Suite 300, Minneapolis,
MN 55427. ,_ . .
eASE BID:
Sixty Nine Thousand Six Hundred
** Forthesumof E'i9hty Eight Dol1al"s------
(Sum In words)
$29.688.00
(Sum in figures)
Alternates:
Add
Deduct
No
Change
A-1 Fire Station: Increase fiber optic cable to 24 strand
A-2 City Hall: Add six strand 500MHz
50/125 multi-mode cable '.
A-3 Fire Station: Increase fiber optic cable to 24 strand
A-4 City Hall: Add six strand Avaya Lazispeed 300 cable
A-5 Provide looation services until 12-31-02
A-a Provide loeatton servioes until 12-S1"04
** A-7 Fiber in conduit P.olice to Fire Station
PROPOSAL TIME
l3idder agrees that this Bid shall remain in force for a period of thirty (30) consecutive calendar days from
the due date, and Bids may be accepted or rejected during this period. Bids not accepted within said thirty
(~O) consecutive calendar days shall be dssrned rejected.
$3,900.00
$1.800.:eO
$ NA
$1,910.00.
$1,'440",00
$3,120.00
$ NA
$ NA
$ NA
$ NA
$ NA
$ NA
$ NA "
$ NA
$ NA
$ NA
$ NA
$ NA
$ NA
$ NA
S10,399,OO
J!!Mi REQUIREMENTS
qwner requires the work to be completed by December 3, 2001.
END OF DOCUMENT
Prepared by ATS&R Technology, August - 2001
. c0~ 68c~ 5c5 ~9~+ ~ lJ~~lNOJ S3ld03d
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"
PIOp:LES
277 cast Pillmore Avenue
St. Paul, Minnesota 55107
651-227-771'
FAU<:651-227-9684
ELECTRICAL - COMMUNICATIONS
CONTRACTORS
A'ITACHMINT TO
CITY 0' 1fASTINOS. MN
CUSTOMER OWNBI).QU't'SlDB PLANT PIER OPTIC CABI.J:NG
-. It. roek 11 eru:owu.ered in eitber directional borinI of trencbiag and proper cover cannot be
met, 11'1 additioJ:r&l char.. will he ~ betwleA the City _ die Contractor.
It is tbe un""iq tbat Peoplea Coatracr.ors will do all footwork for permits, but the City
wiI1 par fer aU permiU.
An. Equal Opportunity Employer
~0~
68c~ ~c~ ~9~+ ~ lJ~~lNOJ S3ld03d
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:COt'ILINK
I N COR P 0 RAT E D
10200 ]3RO AVENUE NORTH
SUITE 100
Mf:'.PLE GROVE, MINNESOTA 55369
612.391-7483 VOICE I
612.391-7489 FAX
Fax
To:
Terry Hochbein
From: Greg Chapman
Fax: 763-525..3289
Pages: 2
Phone:
Date: 9/12/01
Re:
City of Hasting, MN
cc:
D Urgent
X For Review
o Please Comment Please Reply
X Please Recy~le
Terry,
Thanks for the chance to bid on this project. We'll check in with you later and find out how things
panned out.
Greg
,,;...~roj~~t # ~1044
'.
, .
C'ITY OF HASrIN'GS, MN
CUSTOMER OWNED-OUTSIDE PLANT .
FIBER OPTIC CABLING
(To be completed for all bids, please type or print)
(Fax Bids to A TSR; Attn: Terry Hochbein; 763.525.3289)
BIDDER (Firm)' ~bM.L-1 ~1L- fV\ t DW~Sr-
Addre~s ., 0200 . 7?~"~ f-..lV P.o. Ball:
. . .
Ci~/StateJZiP .' t-'11"'-'~D Ll.4 1 M~ ~S'3 ~q .
Telephone Number ( ~ 3 .,. =3 tj . J -7 4.~3' Fax NumbE!r ".71d3 ... 3CJ I - 7~.q
person ~o contact regarding this Bid ~~.&- Crt j~~~
Pursua.nt to notices !;liven, the un~!r~.igned offers to furnish hlbor: and m.aterials necessary to
complete the construction ~9r~lor:' .
CUSTOMER OWNED-OUTSIDE PLANT FIBER OPTIC CABLING,
.;
The project consists of the install,ation, testing and docum~ntation of direct buried underground fiber optic' .
single mode communications cabling for the City of Hastings, MN. The communications cabling
interconnects the City Hall, Police Station and the Fire Station in accordance with Plans and Spe'cifications ,
prepared by Armstrong, Torseth, Skold & Rydeen, Inc. 8501 Golden Valley Road, Suite ~OO, Minneapolis,
MN 55427. . ". .
BASE BID:
For the sum of 6~ fOlJrL'TF'6~~ ,'TWD
. . . (Sum In words). . ,
HV~OfU:;n ~Q ~ fOul'l--
~L...L...A4-? ~..' Not) ~
$ ~,Z44-~ 0'0
(Sum II, figures) .
. Alternates:
Add
. Deduct
No
Chance
,
}\.1. Fire Station: Increase fiber optic cable to 24 'strand $ t;,/lfJt'.{:)() $ $
A-2 City Hall: Add six st~and 500MHz
50/125 multi-mode cable. '$ 3,;2;.a,,~(,?O .$ $
:. I ~1. _ 01 r I ,., I ., I I · ,., · I I . L l' .
A-4 CityHall: Add six strand Avaya Lazi~peed 300 cable $ ~,:r,130,rDb':$ . ,$
A.5 Provide location' servrces until 12-31-02 $ t~_A,/eA- $ . $'
A.6 Provide location services until 12-31-04 $/~ .60/t::A-$' $ .
:P:-l Provide 2" . condui t behind curb $. . ~. _. .. $ j. . ~(j7 ,,00 . $
PROPOSAL TIME '
Bidder agrees 'that this Bid shall remain in force for a period of thirty (30). conse~utive calendar days frofTl
the due date, and Bids may be accepted or rejected during this period. Bids'not accepted within said thirty
(30) consecutive calendar days shall be deemed rejected.' .
. .
TIME REQUIREM.ENTS
Owner requires the work to 'be completed by December 3, 2001.
. END OF DOCUMENT
Preoared bv ATS&R Technoloav. AUQust - 2001
Cant i rmat i on Report-Memory Send
Time
Telline1
Tel line 2
Name
09-12-2001 11 :19
+763-525-3289
+763-525-3289
ATSR
Job number
Date
To
Document Pages
Start time
End time
Pages sent
Status
Job number 971
971
09-12 11:17
95410056
002
09-12 11 :18
09-12 11 :19
002
OK
*** SEND SUCCESSFUL ***
~S.: :-I=t.
ARMSTRO....G TCItSETH SICOLD & RVDeEN INc
.sa, GoIc:Ien Va.leY Road Suft:. :saG Mlnn..poa. Mn 564Z7
Pnorne: 6'2.545 373'1 F.x: ~12.. S25 32&8
FAX TRANSMITTAL
D......T:E:
Sep~e2'nber 1.:2, :2001
:FRO~:
:a.oben: ~ndcy
To:
Clark: Engineering
FAX No...:
541.-0056
A.':rTENTXON:
Brea: Klein
:P.H:01'Ql: No.:
NuM::aEa OIr P.A.G~: ('including _:inaQ :2
ATS&:a. Pao.:rEC'T ~_:
00014-1.
:PR.CL:JECT NA.lldE J LocA.TXON:
VV'oodbuTy HS
Oa:EOJ:l!i;JA..L TO FCU...LO_ BY ~L:
YES:
NO:
x
CO~S:
Bren- anacbed is R.eque~ Cor In1"onna~ion #16 ftozn K-A regarding me sou~b exi~ area. a\: Uni~ B ;a~ 'W'o04bury as.
Could you let; :me leno"" iftunher SYrU~al infi:> or draVOlings are needed ~o ans......er ~heir quc:stionjs_
Thanks.
.--.. ...~ ~v..,. ."-- v........., .... .........,......-................."''''..,... ..U........,IW_"".L "'.r....VJ..l .4.r.,\I,\.'VJ .JV.J V"1'1.J
rnul:, !
\'
,.
-"
jf ...
~
NetVersant of Mpls/St Paul
2600 Fernbrook Lane, Suite 124
Plymouth, MN 55447
763-383-0400 Offlce
763..383-0445 Fax
DATE: September 1212001
TO:
TERRY HOCHBEINE/ATS&R
TIME: 1 :04 PM
PHONE: 763-525-5644
FAX: 763-525..3289
PHONE: 763-383-0400
FAX: 763-383-0445
FROM: MIKE PAKONEN
NetVersant Mp/$ISt Paul
RE: HASTINGS FIBER OPTIC CABLING
CC:
Number of pages IncludIng cover sheet: 2
O~f-1L-LVVI "~U VI ;10 fm fnvm;n~lv~nonnl mfLD_Dl fnUL fnA; fUJ JOJ V~~J
Project # 01044 .
, /. +_rm CITY OF HASTINGS, MN
Net V e r 5 a n (.CUSTOMER OWNED-OUTSIDE PLANT
network'~'C)lutions for an e-world FIBER OPTIC CAB LING
,.
r 1il!~ L
(To be completed for all bids. please type or .print)
(Fax Bids to ATSR; Attn: Terry Hochbein: 763.525.3289)
BIDDER (Firm) N~-rr/tltSRNr I1PLS /51"': PAIIL INC.
, .
Address ]./JXJ PUNNAtJJt W. !1:;t /2-1f P.O. Box -
CitY/StateJZlpA'tMOlJrtI-.l M~ ) '5S~'-I-7
Telephone Number 7t:3.. 383 ...IJ tfDD Fax Number 7~3 - 313 - {)'I-~
Person to contact regarding this Bid J1U!t f'Jt1KtJNvV .&/1. - ~6 -/2 7 3 J
I
. . .
Pursuant to notices given, the undersigned offers to furnish labor and materials necessary t~
complete the construction work for:' !
. I
CUSTOMER OWNED-OUTSIDE PLANT FISER OPTIC CABUNG
The project consists of the intjtallatlon, testing and documentation of dIrect burled underground fIber optid
single mode communications cabling for the City of Hastings, MN. The communications cablin~
Interconnects the City Hall, PoI/os Station and the Fire Station in accordance with Plans and Specifications
prepared by Armstrong, Torseth, Skold & Rydeen. Inc. 8501 Golden Valley Road, Suite 300, Minneapolis,!
MN 55427. . ~
BASE BID:
For the sum of '1Wt1/:f1t f./1IHr -rHtJII.!N/A FJIt. JIoIIPltU:> $ 7. <11 0-00. "a
(Sum in words) p(J1UIItJ (Sum in fIgures)
Alternates:
Add
$ J/JSO. 00 $
Ded~ct
No
Changjl
---A-1 Fire Station: Increase fiber optic cable to 24 strand
A-2 City Hall: Add six strand 500MHz
50/125 multi-mode cable $ 300.. 00 $_
4^. 9 ~~ ~~TJon. .n-....---- tl~~~I.-.. '-"r::lR1@t T"--" )'1 ~"""~""'d. $ .-........- $ ......"
--A..4 City Hall: Add six strand Avaya Lazispeed 300 cable $ ~2.-s. 0 Q $ .-
A-5 Provide location services until 12-31-02 ft ;z.0DO' ~ _
A-6 Provide location services until 12-31-04 . L! lPUl, ,yt~ _
A"'7 J:)1f2U:r f!;;v,e.'t t()fI'1..DUIf" 111J~ ,u~~ .,. _ _
PROPOSAL TIME .
Bidder agrees that this Bid shall remaIn in force for a period of thirty (30) consecutive calendar days from
the due date, and 81 ds may be accepted or rejected during thIs period. Bids not accepted within said thirty
(30) consecutive calendar days shall be deemed rejected.
-
$-
$-
$-
$ ..--
$ -"
1=.
TIME REQUIREMENTS
Owner requires the work to be completed b December 3,. 200
NetviN~prai~QSW&AiMT Paul, Inc.
2600 Fernbrook Lane, Suite 124 · Plymouth, Minnesota 55447 · 763-383-0400 . Fax763-383-0445
VII-2
MEMO
To:
Melanie Mesko, City Clerk .
Lori A. Webster, Finance Director. _ . J
Renew Audit Contract ~ -
From:
Subject:
Date:
September 73, 2007
Attached is a cover letter and the engagement letter from Jennifer Thienes, Audit Partner of
Kern, DeWenter, Viere, Ltd for audit services for 2001 and 2002. The City has been audited by
this firm for the past three years. Current policy allows for a three year contract with a renewal
for up to three additional years before rebidding for Qudit services.
If you should have any questions or require additional information, please feel free to contact. me.
Recommendation for Council
Extend the audit contract for the additional two years as stated.
&L"~ =1 Kern, DeWenter, Viere, Ltd.
.~~ Certified Public Accountants
August 28, 2001
Lori Webster, Finance Director
City of Hastings
101 4th Street East
Hastings, MN 55033
Dear Lori:
Enclosed is our engagement letter for the audit of the City's December 31,2001 and 2002
general purpose financial statements. Please retain the original copy for your records and
provide us with a signed copy. As we discussed in our phone conversation, the
December 31, 2001 audit fee is more than an inflationary increase over 2000. During this
past year we have experienced significant increases in our operating costs including, but
not limited to, health insurance costs, training costs relating to GASB #34, and salary
costs due to declining accounting graduates and greater competition from private sector
employers. In many respects, these issues are very similar to what you and most other
governmental entities are facing.
We have been fortunate at KDV to retain and attract the very best governmental auditors.
We believe that the increased costs will equate to providing our clients with the excellent
technical expertise and service they deserve.
If you have any questions about the engagement letter, please do not hesitate to call. We
do appreciate your business.
Sincerely,
. S?;Kern. DeWenter,~~ Ltd...-::::J
-7 -".?--2) c:~~~--,
J . fer Thienes
Certified Public Accountant
Enclosures
7700 Northland Circle NO'I Suite 719
Minneapolisl MN 55428-7500
763-537-3071 · Fax: 763-537-9682
220 Park Avenue South P.O, Box 7304
St. Cloud, MN 56302
320-257-7070 · Fax: 320-257-7784
www.kdv.com
~~ =1 Kern, DeWenter, Viere, Ltd.
.~~ Certified Public Accountants
August 23,2001
Lori Webster, Finance Director
City of Hastings
101 4th Street East
Hastings, MN 55033
Dear Ms. Webster:
Weare pleased to confirm our understanding of the services we are to provide to the City
of Hastings, Minnesota for the year ending December 31, 200 1. We will audit the
general purpose financial statements of the City of Hastings as of and for the year ending
December 31,2001. Also, the combining, individual fund and account group financial
statements will be subjected to the auditing procedures applied in our audit of the general
purpose financial statements. .
The statistical information that is a part of the Comprehensive Annual Financial Report
will not be subjected to the auditing procedures applied in our audit of the general
purpose financial statements, and for which our aud!tor's report will disclaim an opinion.
If applicable, we will also submit to you a separate document that includes the schedule
of expenditures of federal awards that will be subjected to the auditing procedures
applied in our audit of the general purpose fInancial statements. This document will
include the reports required under Government Auditing Standards and OMB Circular A-
133, Audits of States, Local Governments, and Non-Profit Organizations.
Audit Objectives
The objective of our audit is the expression of an opinion as to whether your general
purpose financial statements are fairly presented, in all material respects, in conformity
with generally accepted accounting principles and to report on the fairness of the
additional information referred to in the first paragraph when considered in relation to the
general purpose financial statements taken as a whole. The objective also includes
reporting on:
. Internal control. related to the financial statements and compliance with laws,
regulations, and provisions of contracts or grant agreements, noncompliance with
which could have a material effect on the financial statements in accordance with
Government Auditing Standards.
. Internal control related to major programs, and an opinion (or disclaimer of opinion)
on compliance with laws, regulations, and the provisions of contracts or grant
agreements that could have a direct and material effect on each major program in
7100 Northland Circle No., Suite 119
Minneapolis, MN 55428-1500
763-537-3011. Fax: 763-569-5799
220 Park Avenue South, P.O. Box 1304
St. Cloud, MN 56302
Website: www.kdv.com 320-251-7010. Fax: 320-251-1784
City of Hastings
August 23, 2001
2
accordance with the Single Audit Act Amendments of 1996 and OMB circular A-
133, Audits of States, Local Governments, and Non-Profit Organizations.
The reports on internal control and compliance will each include a statement that the
report is intended for the information and use of the audit committee, management,
specific legislative or regulatory bodies, federal awarding agencies, and if applicable,
pass-through entities.
Our audit will be conducted in accordance with generally accepted auditing standards; the
standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996;
provisions of OMB Circular A-133; and provisions of the Minnesota Legal Compliance
Audit Guide for Local Governments, and will include tests of the accounting records, a
determination of major programs(s) in accordance with Circular A-133, and other
procedures we consider necessary to enable us to express such an opinion and to render
the required reports. If our opinion on the general purpose financial statements or the
Single Audit compliance opinion is other than unqualified, we will fully discuss the
reasons with you in advance. If, for any reason, we are unable to complete the audit or
are unable to form or have not formed an opinion, we may decline to express an opinion Q
or to issue a report as a result of this engagement.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for
compliance with the provisions of contracts, agreements, and grants. In fulfilling this
responsibility, estimates and judgments by management are required' to assess the
expected benefits and related costs of the controls. The objectives of internal control are
to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, that transactions are
executed in accordance with management's authorizations and recorded properly to
permit the preparation of general purpose financial statements in accordance with
generally accepted accounting principles, and that federal award programs are managed
in compliance with applicable laws and regulations and the provisions of contracts and
grant agreements.
o
Management is responsible for making all financial records and related information
available to us. We understand that you will provide us with such information required
for our audit and that you are responsible for the accuracy and completeness of that
information. We will advise you about appropriate accounting principles and their
application and will assist in the preparation of your financial statements, including the
schedule of expenditures of federal awards, but the responsibility for the financial
statements remains with you. That responsibility includes the establishment and
maintenance of adequate records and effective internal control over financial reporting
and compliance, the selection and application of accounting principles, and the
safeguarding of assets. Management is responsible for adjusting the financial statements
to correct material misstatements and for confirming to us in the representation letter that
the effects of any uncorrected misstatements aggregated by us. during the current
engagement and pertaining to the latest period presented are immaterial, both individually
and in the aggregate, to the general purpose financial statements taken as a whole.
Additionally, as required by OMB Circular A-133, it is management's responsibility to
City of Hastings
August 23, 2001
3
follow up and take corrective action on reported audit findings and to prepare a summary
schedule of prior audit findings and a corrective action plan. The summary schedule of
prior audit findings should be available for our review during fieldwork.
Audit Procedures - General
An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements; therefore, our audit will involve judgment about
the number of transactions to be examined and the areas to be tested. We will plan and
perform the audit to obtain reasonable rather than absolute assurance about whether the
financial statements are free of material misstatement, whether caused by error or fraud.
As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our
audit will include test of transactions related to major federal award programs for
compliance with applicable laws and regulations and the provisions of contracts and grant
agreements. Because an audit is designed to provide reasonable, but not absolute
assurance and because we will not perform a detailed examination of all transactions,
there is a risk that material errors, fraud, other illegal acts, or noncompliance may exist
and not be detected by us. In addition, an audit is not designed to detect immaterial
errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the
general purpose financial statements or to major programs. However, we will inform you
of any material errors and any fraud that comes to our attention. We will also inform you
of any other illegal acts that come to our attention, unless clearly inconsequential. We
will include such matters in the reports required for a Single Audit. Our responsibility as
_auditors is limited to the period covered by our audit and does not extend to matters that
might arise during any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories,
and direct confirmation of receivables and certain other assets and liabilities by
correspondence with selected individuals, creditors, and financial institutions. We will
request written representations from your attorneys as part of the engagement, and they
may bill you for responding to this inquiry. At the conclusion of our audit, we will also
require certain written representations from you about the financial statements and related
matters.
Audit Procedures - Internal Controls
In planning and performing our audit, we will consider the internal control sufficient to
plan the audit in order to determine the nature, timing, and extent of our auditing
procedures for the purpose of expressing our opinions on the City's general purpose
financial statements and on its compliance with requirements applicable to major
programs.
We will obtain an understanding of the design of the relevant controls and whether they
have been placed in operation, and we will assess control risk. Tests of controls may be
performed to test the effectiveness of certain controls that we consider relevant to
preventing and detecting errors and fraud that are material to the general purpose
financial statements and to preventing and detecting misstatements resulting from illegal
acts and other noncompliance matters that have a direct and material effect on the general
purpose financial statements. Tests of controls relative to the general purpose financial
City of Hastings
August 23,2001
4
statements are required only if control risk is assessed below the maximum level. Our
tests, if performed, will be less in scope than would be necessary to render an opinion on
internal control and, accordingly, no opinion will be expressed in our report on internal
control issued pursuant to Government Auditing Standards.
As required by OMB Circular A-B3, we will perform tests of controls to evaluate the
effectiveness of the design and operation of controls that we consider relevant to
preventing or detecting material noncompliance with compliance requirements,
applicable to each major federal award program. However, our tests will be less in scope
than would be necessary to render an opinion on those controls and accordingly, no
opinion will be expressed in our report on internal control issued pursuant to OMB
Circular A -13 3.
An audit is not designed to provide assurance on internal control or to identify reportable
conditions. However, we will inform the governing body or audit committee of any
matters involving internal control and its operation that we consider to be reportable
conditions under standards established by the American Institute of Certified Public
Accountants. Reportable conditions involve matters coming to our attention relating to
significant deficiencies in the design or operation of the internal control that, in our
judgment, could adversely affect the entity's ability to record, process, summarize, and
report financial data consistent with the assertions of management in the general purpose
financial statements. We will also inform you of any nonreportable conditions or other
matters involving internal control, if any, as required by OMB Circular A-133.
Audit Procedures - Compliance
Our audit will be conducted in accordance with the standards referred to in the section
titled Audit Objectives. As part of obtaining reasonable assurance about whether the
general purpose financial statements are free of material misstatement, we will perform
tests of the City's compliance with applicable laws and regulations and the provisions of
contracts and agreements, including grant agreements. However, the objective of those
procedures will not be to provide an opinion on overall compliance and we will not
express such an opinion in our report on compliance issued pursuant to Government
Auditing Standards.
OMB Circular A-133 requires that we plan and perform the audit to obtain reasonable
assurance about whether the auditee has complied with applicable laws and regulations
and the provisions of contracts and grant agreements applicable to major programs. Our
procedures will consist of the applicable procedures described in the OMB Circular A-
133 Compliance Supplement for the types of compliance requirements that could have a
direct and material effect of each of the City's major programs. The purpose of those
procedures will be to express an opinion on the City's compliance with requirements
applicable to major programs in our report on compliance issued pursuant to OMB
Circular A-133.
Audit Administration, Fees and Other
We understand that your employees will prepare all cash, account receivable, or other
confirmations we request and will locate any invoices selected by us for testing.
City of Hastings
August 23,2001
5
At the conclusion of the engagement, we will complete the appropriate sections of and
sign the Data Collection Form that summarizes our audit findings. We will provide
copies of our reports to the City; however, it is management's responsibility to submit the
reporting package (including financial statements, schedule of expenditures of federal
awards, summary schedule of prior audit findings, auditors' reports, and a corrective
action plan) along with the Data Collection Form to the designated federal clearinghouse
and, if appropriate, to pass-through entities. The Data Collection Form and the reporting
package must be submitted within the earlier of 30 days after receipt of the auditors'
reports or nine months after the end of the audit period, unless a longer period is agreed
to in advance by the cognizant or oversight agency for audits. At the conclusion of the
engagement, we will provide information to management as to where the reporting
packages should be submitted and the number to submit.
The workpapers for this engagement are the property of Kern, DeWenter, Viere, Ltd. and
constitute confidential information. However, we may be requested to make certain
workpapers available to certain cognizant or grantor agencies pursuant to authority given
to it by law or regulation. If requested, access to such workpapers will be provided under
the supervision of our firm's personnel. Furthermore, upon request, we may provide
photocopies of selected workpapers to the cognizant or grantor agency. The cognizant or
grantor agency may intend, or decide, to distribute the photocopies or information
contained therein to others, including other governmental agencies.
The workpapers for this engagement will be retained for a minimum of three years after
the date the auditors' report is issued or for any additional period requested by the
cognizant agency, oversight agency for audit, or pass-through entity. Ifwe are aware that
a federal awarding agency, pass-through entity, orauditee is contesting an audit finding,
we will contact the party(ies) contesting the audit finding for guidance prior to destroying
the workpapers.
Our fee for these services will not exceed $ 21,000 for the year ended December 31, 2001
and $ 22,000 for the year ended December 31, 2002. Our fees may be billed as work
progresses and are payable on presentation. The above fee is based on anticipated
cooperation from your personnel and the assumption that unexpected circumstances will
not be encountered during the audit. If significant additional time is necessary, we will
discuss it with you and arrive at a new fee estimate before we incur the additional costs.
We appreciate the opportunity to be of service to the City of Hastings and believe this
letter accurately summarizes the significant terms of our engagement. If you have any
questions, please let us know. If you agree with the terms of our engagement as
described in this letter, please sign the enclosed copy and return it to us.
Sincerely,
Kern, DeWenter, Viere, Ltd.
C;t7 77 ~zr O~~-~
Je~~ienes
Certified Public Accountant
City of Hastings
August 23,2001
6
RESPONSE:
This letter correctly sets forth the understanding of the City of Hastings.
By:
Title:
Date:
MEMO
VII-3
VIII-C-l
To: Mayor Werner and City Council
From: Kris Jenson, Associate Planner
Date: August 28, 2001
Re: Public Hearing - Rezone 1457 Featherstone Road (A Agriculture to R-3 Medium High
Density Residence)
Ronald Jones has requested that the property located at 1457 Featherstone Road, from A Agriculture to R-3
Medium High Density Residence. The property proposed for development is .51 acres in size (see site location
map). The property in question is legally described below:
That part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 115 N., Range
17 W., described as follows:
Commencing at the North Quarter corner of said Section 29; thence southerly, on the north-south
quarter line, a distance of 33.00 feet; thence easterly, parallel with the north line of said Section 29,
a distance of 160.2 feet to the point of beginning of the land to be described; thence southerly, parallel
with the north-south quarter line, a distance of300.00 feet; thence easterly, parallel with the north line
of said Section 29, a distance of75.00 feet; thence northerly, parallel with the north-south quarter line
a distance of 300.00 feet; thence westerly, parallel with the north line of said Section 29, a distance
of 75.00 feet, to the point of beginning. Containing 22500 square feet, more or less. Subject to
easements of record, if any.
Background Information:
Comprehensive Plan Classification: The subject property is currently classified U-ll (Medium Density Urban
Residential 4-8 residential unitS/acre). The proposed R-3 Medium High Density Residence is a consistent
zoning for this land use.
Zoning Classification: The subject property is currently zoned A Agriculture. The Applicants are requesting
the property be rezoned to R-3 Medium High Density Residence. This zoning classification is consistent with
the rest of the residential zoning in the area.
Surrounding Properties: The area to the north and south of this property is zoned R..,3 Medium high Density
Residential, and the area to the west and the east is zoned A Agriculture.
Planning Consideration:
The applicants have submitted a building permit for a single-family home for this property, which required
rezoning prior to a permit being issued.
Planning Commission Recommendation:
Planning Commission recommended approval of the rezoning ofthe property to R-3 PRD Medium
High Density Residential at their 08/27/01 Planning Commission Meeting.
The City Council approved the first reading ofa ordinance rezoning this property to R-3 PRD Medium
High Density Residential at their 09/04/01 City Council Meeting
Recommended Action:
Recommendation to approve an ordinance rezoning the property to R-3 PRD Medium High Density.
Residential.
ORDINANCE NO.'
, SECOND SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION
10.01, SUBDIVISION 1 OF THE CITY CODE HAVING TO DO WITH:
OFFICIAL ZONING MAP
BE IT ORDAINED by the City Council ofthe City of Hastings as follows:
Subdivision 1. The following described properties are hereby zoned from A Agriculture to R-3
Medium High Density Residence:
That part of the Northwest Quarter of the Northeast Quarter of Section 29, Township
115 N., Range 17 W., described as follows:
Commencing at the North Quarter comer of said Section 29; thence southerly, on the
north-south quarter line, a distance of33.00 feet; thence easterly, parallel with the
north line of said Section 29, a distance of 160.2 feet to the point of beginning of the
land to be described; thence southerly, parallel with the north-south quarter line, a
distance of300~00 feet; thence easterly, parallel with the north line of said Section 29,
a distance of75.00 feet; thence northerly, parallel with the north-south quarter line
a distance of300.00 feet; thence westerly, parallel with the north line of said Section
29, a distance of75.00 feet, to the point of beginning. Containing 22500 square feet,
more or less. Subject to easements of record, ifany.
ADOPTED BY THE CITY COUNCIL TillS
DAY OF
,2001.
Michael D. Werner, Mayor
'\
)
ATTEST:
Melanie Mesko, Administrative Assistant/ City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the day of
, 2001, as disclosed by the records of the City of Hastings on file and of record
in the office.
Melanie Mesko, Administrative Assistant! City Clerk
( SEAL)
This instrument drafted by:
City of Hastings
101 4th St.
Hastings, MN 55033
LAND USE APPLICATION
CITY OF HASTINGS
. 101 4th Street East, Hastings, MN 55033
Phone (651)437.4127 Fax (651)427.7082
Address of Property Involved: I L/ ~ 7 r;.4-~ ~. R d - M..s::J t.5
Legal Description of Property Involved: ~ /I ff~d
Applicant:
Name
Address
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Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance #
Section
App. Com.
Phone
Fax
Owner (If different from Applicant):
Name
Address
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Phone
Fax
AUG 0 8 2001
C1TY Ci.: r:J-\STiNGS
Request:
Rezone: 92!i:f) . ~
Comp Plan Amend:
Site Plan:
Variance:
Special Use:
Subdivision:
Vacation:
Other:
TOTAL: ~L0J . Q2..
Description of Request (include site plan, survey, and/or plat if applicable):
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ignature of Owner / Date t
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MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council members I _ J
Lori A. Webster, Finance Director ~-
2002 Proposed Budget and Preliminary Tax Levy
September 13, 2001
The Finance committee met on August 2, 2001 to discuss a proposed tax levy and City budget. The
committee met again with most of the City departments to review their budget proposals on
September 13, 2001.
As you are aware, levy limits are back for the 2002 Levy. Also, as you may be aware, for the 2002
Levy only, the Truth in Taxation Public Hearing (s) are optional. The shift in state aids to tha
school systems will be reflected in the city budget as a decrease approximately $ 1,000,000 in
HACA revenue that has been eliminated. The Finance Committee has recommended for adoption of
the following city resolutions and has recommended to forego the truth in taxation hearing this
year.
The City Finance Committee has recommended to adopt as a proposed tax levy the amount the
State has set as the City's limit for taxing purposes.
Tonight, council is asked to approve four separate Resolutions as follows:
1. Resolution Adopting 2002 Proposed City Property Tax Levy
2. Resolution Adopting 2002 City Budget
3. Resolution Adopting 2002 City HRA Property Tax Levy
Once the proposed levy is set there wi II still need to be some significant analysis done to the
budget to reach the preliminary levy as set by City Council..
If you should have any questions, please feel free to contact me.
vm-A-l
CITY OF HASTINGS
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A PROPOSED 2002 HRA SPECIAL TAX LEVY
WHEREAS, the Housing and Redevelopment Authority in and for the City of Hastings
adopted Resolution 1-99. This Resolution authorizes the Levy of a Special Benefit Tax pursuant to
Minnesota Statutes 469.033 Subdivision 6; and
WHEREAS, the Housing and Redevelopment Authority in and for the City of Hastings (the
"Authority") was created by the City Municipal Housing and Redevelopment Act, Minnesota
Statutes, Section 469.001 to 469.047 (formerly, Section 462.411 to 462.711) ("the Act"); and
WHEREAS, Section 469.033, Subdivision 6, of the Act permits the Authority to levy and
collect a special benefit tax of up to .0144 percent of taxable market value in the City upon all
taxable property, real and personal, within the City; and
WHEREAS, the Authority desires to levy such tax based upon the limit of .0144 % of the
taxable market value, and
WHEREAS, the levy of such a special benefit tax is subject to consent by Resolution of the
City Council of the City of Hastings.
NOW, THEREFORE BE IT RESOLVED, by the Hastings City Council that the City of
Hastings HRA Special Levy be granted, subjected to the limit of ,0144 percent of taxable market
value as per Minnesota Statue.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 17th DAY OF
SEPTEMBER, 2001.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko, City Clerk
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF HASTINGS
Resolution No. 2-2001
August 16,2001
AUTHORIZING THE LEVY OF A SPECIAL BENEFIT
TAX PURSUANT TO MINNESOTA STATUTES,
SECTION 469.033, SUBDIVISION6, AND APPROVAL
OF A BUDGET FOR FISCAL YEAR 2002
Commissioner Hollenbeck
adoption:
introduced the following resolution and moved its
WBEREAS, the Housing and Red!e.velopment Authority in and for the city of
Hastings (the "Authority) was created by the City Council of the City of Hastings (the
"City") pursuant to the Municipal Housing and Redevelopment Act, Minnesota Statutes,
Sections 469.001 to 469.047 (formerly, Sections 462.411 to 462.711) (the "Act"); and
WHEREAS, Section 469.033, Subdivision 6, of the Act permits the Authority to
levy and collect a special benefit tax of up to .0144 percent oftaxable market value in the
City upon all taxable property , real and personal, within the City;
WHEREAS, the Authority desires to levy such tax in the amount of .0144 percent
of taxable market value in the City; and
WHEREAS, the levy of such a special benefit tax is subject to the consent by
resolution of the City Council of the City; and '
WHEREAS, the Authority is required pursuant to Section 469.033, Subdivision 6,
of the Act to, in connection with the levy of such a special benefit tax, formulate and file
a budget in accordance with the budget procedure of the City in the same manner as
required of executive departments of the City or, if no budgets are required to be filed,
before August 1, and the amount of the tax levy for the following year shall be based on
that budget and approved by the City Council of the City; and
WHEREAS, the Authority has before it for its consideration a copy of a budget
for its operations for the fiscal year 2002
NOW, THEREFORE, be it resolved by the Board of Commissioners of the
Authority .
_.-.fh............
Section 1. The budget for the operations of the Authority presented for
consideration by the Authority is hereby in all respects approved.
Section 2. Staff of the Authority are hereby authorized and directed to forward
said budget to the City for its approval.
Section 3. There is hereby levied, subject to the approval of the City Council, a
special benefit tax pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in the
amount of .0144 percent of taxable market value within the City. '
Section4. Staff of the Authority are hereby authorized and directed to seek the
approval by resolution of the City Council of the City of the special tax benefit so levied
pursuant to this Resolution and to take such other actions as are necessary to levy and
certify such tax.
Commissioner TOPD; n
to a vote it was adopted:
seconded the resolution and upon being put
Ayes: Hollenbeck, Toppin, Soleim, Martodam, Birkeland
Nays: None
Harold Birkeland, Chairman
Attest:
, Executive Director
......,.. . . ;...
:........ . ..-..
-.-~.........~~
HOUSING AND REDEVELOPMENT AUTHORITY
2002 BUDGET,~
REVENUES
BRA LEVY 129,000 Estimate of .0144 % of taxable market
value*"'
INTEREST 43,000 Estimate of interest
.
172,000 \
EXPENSES
PERSONNEL 74,250 85% of BRA director and 10% of
secretary
ADMINISTRATION 9,000 Supplies, Services & charges, Operations
HOUSING 80,000 Loans and grants for rehabilitation of
REHABILITATION owner occupied and rental property.
BLIGHT draw on fund balance Acquire blighted property for
REDUCTION & rehabilitation ot demolition and
REDEVELOPl\1ENT resale.
IMPROVEl\1ENTS 8,500 Assist with neighborhood appearance
improvements other than housing
171,750
FUND BALANCE
YEAREND 2001 240,000 Estimated Balance
REVENUE 2002 172,000 As above
EXPENSES 2002 172,000 As above
YEAR END 2002 240,000 Balance for additional loans, blight
reduction or redevelopment as
needed.
* BRA levy)imit per MS 469.033; payable 2001 market value 897,345,300 from Dakota
County Assessor.
MINNESOTA Department of Revenue
Property: Tax Division
Mail Station 3340
Phone (651) 296-3155
St. Paul,:MN 55146-3340
Fax (651) 297-2166
June 15,2001
TO: SPECIAL TAXING DISTRICTS
RE: THE CERTIFICATION OF PROPOSED AND FINAL PROPERTY
TAX LEVIES TO THE COUNTY AUDITOR FOR THE TAXES
PAYABLE YEAR 2002
. The purpose of this letter is to remind you of the deadlines for the certification of your
district's proposed and final property tax levies to the county auditor for the taxes
payable year 2002.
(The Truth in Taxation Law (M.S. 275.065) requires all special taxing districts to certify a
proposed property tax levy to the county auditor on or before September 15 (effectively
, September 17 in 200 I), If the special taxing district is located in two or more connties,
the certification should be made to the county auditor of the home county:
The proposed property tax levy of each taxing district in the county is needed by the
county auditor to prepare the payable 2002 notices of proposed property tax to be mailed
to all property owners within the county as required by law.
The final property tax levy of your special taxing district must be certified to the county
auditor on or before December 28,2001. If this deadline is missed, your special taxing
district's levy for payable 2002 will be the amount it levied for the taxes payable year
2001. No exemptions or extensions will be granted, except as provided below.
(If your special taxing district has determined that its proposed property tax levy is also its
\ lO fl final property tax levy, your special taxing district may notify the county auditor of this
'-..ir; determination. This way, no further certification offmallevy would be'required.
If the final property tax levy certified by a special taxing district to the county auditor is
incorrect due to an error made in the deduction of homestead and agricultural credit aid
(HACA), and the December 28,2001 deadline has passed, the special taxing district may
apply to the Department of Revenue by January 2, 2002 for approval to increase the levy
and to re-certify the corrected levy amount to the county auditor. If the special taxing
district's request is approved by the Department of Revenue, the special taxing district
must adopt the revised final levy and certify it to the county auditor no later than January
continued ..
An equal opportunity employer
ITY/TDD: (651) 297-2196
15, 2002. The revised final levy so approved and certified is to be used in determining
tax rates for payable 2002. The county auditor is to report to the Department of Revenue
the revised fmallevy used to determine tax rates, The special taxing district given
approval by the Department of Revenue to submit a revised final levy must publish in an
official newspaper of general circulation within the special taxing district a notice of the
revised final levy, along with examples of the tax impact on homestead, apartment, and
commercial classes of property. The county auditor is to assist the special taxing district
in preparing the examples for publication.
The fmal property taX levy certified to the county auditor by your special taxing district
may exceed the proposed property tax levy. It may also be less than the proposed levy or
equal to the proposed levy.
Both the prooosed and final property tax levies certified by your soecial taxing
district to the county auditor must be after the deduction -by your soecial taxing
district of the certified amount of its HACA for the taxes vayable vear 2002.
Later this summer the Department of Revenue will certify to you the 2002 HACA
amount for your special taxing district to use in determining your special taxing district's
proposed and final property tax levies for the taxes payable year 2002.
If you have any questions concerningthis letter, please contact me.
Sincerely,
1iU4r"
Richard B. Gardner
Research Analyst Supervisor Senior
cc: County Auditors
2
>f
VIll-A-2
aTY OF HAS.TINGS
RESOLUTION #
RESOLUTION ADOPTING THE PROPOSED
2002 aTY PROPERTY TAX LEVY
WHEREAS, the State of Minnesota as reinstated levy limits for 2002 for local
governments, and the Finance Committee has met to discuss a proposed 2002 City Levy; and
WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a
proposed Property Tax Levy to the County Auditor by September 15,2001 (September 1rh in 2001)
for the year 2002 levy; and
WHEREAS, the Finance Committee of the City Council has directed staff to prepare this
resolution resulting in a 2002 Proposed Property Tax Levy; and,
NOW, THEREFORE BE IT RESOLVED, that the proposed Property Tax Levy of the City
of Hastings, for the 2002 City Budget to be Certified is hereby adopted as follows:
Proposed "General "Levy
Proposed Debt Levy
Total Proposed Tax Levy
Proposed
Lew *
$ 5,271,228
1.325,000 _.
6,596,228
* Amount Certified to the State of Minnesota, and to Dakota and Washington County Auditors.
This is the amount the Counties will use for the calculations of the Truth in Taxation notices mailed
to property owners in mid December 2001
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 17th DAY OF
SEPTEMBER, 2001.
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
A TrEST:
Melanie Mesko, City Clerk
VIII-A-3
CITY OF HASTINGS
RESOLUTION #
RESOLUTION ADOPTING A PROPOSED YEAR 2002 CITY BUDGET
WHEREAS, the Finance Committee of the City Council has met with individual department
and division directors to discuss their proposed 2002 budget requests. The Committee has also
met to discuss and approve a preliminary year 2002 City budget; and
WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a
Proposed Property Tax Levy and City Budget to the County Auditor by September 15, 2001
(September 17,2001 for 2002 ); and
NOW, THEREFORE BE IT RESOLVED, that the preliminary 2002 City's budget for the
City of Hastings is hereby set at: $ 20,895,351.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 17th DAY OF
SEPTEMBER, 2001.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko, City Clerk
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers VIII-B-l
Dave Osberg, City Administrator
September 14,2001
Empire Wastewater Treatment Plant Outfall Pipe Report
No action will be needed on this. topic, as representatives from the Metropolitan
Council will present a brief report to the City Council on the Empire Wastewater
Treatment Plant Outfall pipe. Attached is information from the Metropolitan Council
regarding the project, including and invitation to attend an informational meeting at the
Hastings City Hall on Thursday September 20, 2001 at 7:00 PM.
(~
'Metropolitan Council
Improve regional competitiveness in a global economy
Environmental Services
August 22,2001
Rosemount/Empire Wastewater Treatment Plants
Master Planning and Facility Planning
... Backeround Information
Makin!! smart !!rowth choices for the future
On July 11, 2001, the Metropolitan Council adopted the Master Wastewater Service Plan
for the communities of Rosemount, Apple Valley, Lakeville, Farmington and Empire
Township. Tne Master Plan was the result ofa yearlong study, wl-lich included an, ,
extensive series of focus group and community meetings culminating in an Open House
and Public Information Meeting on June 13,2001. Input received in the focus groups
and at the community meetings was carefully considered by Metropolitan Council
Environmental Services (MCES) staff in reaching the Master Plan recommendation.
The Rosemount and Empire Wastewater Treatment Plants will reach their current
capacities within the next five years. With forecasts of more growth over the next 20
years in the Twin Cities' region, the Metropolitan Council is committed to ensuring
adequate capacity is available to support smart growth in the service area communities
that satisfies their comprehensive land use plans.
Master Plan Recommendation
1. Close the Rosemount Wastewater Treatment Plant and treat the wastewater
at the Metro Plant
The Rosemount Plant is being expanded to provide capacity until 2005. The
recommended long-term service plan for Rosemount is to close the Rosemount Plant and
convey the wastewater to the MCES interceptor in Inver Grove Heights and then to the
Metropolitan Wastewater Treatment Plant. This alternative is less costly than pumping
the wastewater to the Empire Plant or building and operating a Rosemount Plant over the
long term.
2. Expand the existing Empire Wastewater Treatment Plant
Several alternatives have been evaluated for the Rosemount and Empire Plant service
areas, including changing the service area (to cap the Empire Plant at its existing 12
million gallons per day (MGD) capacity and combining the service areas (treating all
wastewater at the Empire Plant or Rosemount Plant site). Life-cycle costs and non-
monetary factors have been evaluated for all alternatives.
www,metrocouncll.org
Metro Info Line 602-1888
230 East Fifth Street . St, Paul, Minnesota 55101-1626 . (651) 602-1005 . Fax 602-1138 . TrY 229-3760
An Equal Opportunity Employer
Expanding the Empire Plant and closing the RosemoWlt Plant is the alternative selected
because extensive research indicated that: (1) single plant operation is less expensive and
more reliable to maintain; (2) a larger plant minimizes the impacts of industrial waste and
septage on plant operations; (3) the Empire Plant can be expanded well beyond its current
capacity because of equipment that is in place and the open land that is available; (4) the
large plant site is adaptable to changing growth patterns and regulatory requirements; and
(5) using two sites would require construction of large pumping stations and long
forcemains for conveying wastewater.
3. Stop discharging effluent into the Vermillion River
Three discharge alternatives have been evaluated: (1) 24 MGD of effluent to Vermillion
River; (2) 12 MGD to Vermillion River and 12 MGD pumped to Mississippi River at
Rosemount; and (3) 24 MGD to Mississippi River southeast of Hastings.
Sta..-If reco.m...'D.end~ ~'l outfall pipe be constructed to discharge all effluent into the'
Mississippi River, because it best addresses the water quality and quantity issues of the
Vermillion River.
The proposed effluent discharge to the Mississippi River southeast of Hastings will
require a new National Pollutant Discharge Elimination System permit to ensure that the
effluent meets water quality standards. The Metropoli~ COWlcil will be required to
monitor the effluent frequently and submit monthly reports.
After receiving and addressing all input from the various community meetings, the
Master Plan was presented to.the Council's Environment Committee on JWle 26, 2001,
and the recommendations were approved by the full Metropolitan COWlcil on July 11,
2001.
Next Steps
We are now in the Facility Planning phase of this project. During Facility Planning,
plans will be developed for the Empire Plant expansion and the outfall pipe;s route from
the Empire Plant to the Mississippi River will be determined.. Currently, several routing
options for the outfall pipe are being considered (see the enciosed map). Three meetings
are planned in September 2001 to obtain input from property oWners and interested
citizens along the proposed outfall route, as well as from residents of the Cities of
Vermillion and Hastings, and the Townships of Empire, Vermillion, Marshan and
Ravenna. .
A Public Hearing will be held in October or November of2001 to share the outcome of
the Facility Plan and to obtain public comment on this document. You will be notified
when this meeting will occur.
If you have questions about this project contact Pauline Langsdorf, MCES Sr.,
Information Specialist, at 651-602-1805.
, ~ ~ Metropolitan Council
~ Improve regional competitiveness in a global economy
Environmental Services
City of Hastings
And Ravenna Township
Property Owners
and Interested Citizens
Informational Meeting
MCES Seeks Your Input on the
Routing of the Outfall Pipe
from the
Empire Wastewater Treatment Plant
to the
Mississippi River
, .
Thursday, September 20, 2001
7:00-9:00 p.m.
Hastings City Council Chambers
101 4th Street E.
Hastings
On July 11,2001, the Metropolitan Council adopted the Master Wastewater Service Plan
for the communities of Rose mount, Apple Valley, Lakeville, Farmington, and Empire
Township. A major element in the Master Plan is the proposed construction of an outfall
pipe from the Empire Wastewater Treatment Plant to the Mississippi River. The proposed
pipeline would eliminate discharge of the effluent (cleaned wastewater) to the Vermillion
River. Additional details on the Master Plan process and recommendation are included in
the attached "Background Information".
The proposed outfall pipe will carry the effluent across approximately 20 miles of rural
Dakota CounZ' The current preferred route is along side or in the vicinity of County
Road 66 (200 St.), County Road 62 (190th St.) and County Road 91 (Nicolai Ave.). The
attached map shows the portion of the proposed route in your township.
www,rnetrocouncil,org
Metro Info Line 602-1888
230 East FIfth Street . St, Paul. Minnesota 55101-1626 . (651) 602-1005 . Fax 602-1138 . TIT 229-3760
, An Equal opportunity Employer
You have been identified as a property owner, resident, or interested citizen along the
proposed outfall route. Permanent and temporary construction easements will be required
on numerous properties along the route. In addition, residents will experience varying
degrees of inconvenience during the actual construction of the pipe.
Metropolitan Council Environmental Services (MCES) invites you to this informational
meeting to provide input which will allow the project to proceed with minimal disruption
to all citizens of the area. Your knowledge of the area and the input you can provide will
be valuable to us as we make critical decisions regarding the construction of the project.
At the meeting, MCES will provide more information about the proposed pipe route
(shown on the accompanying map) and the MCES easement acquisition process,
scheduled for late 2001 to mid-2002. .
Contact Pauline Langsdorf, Sr. Communications Specialist, at 651-602-1805, if you have
questions related to this meeting.
METROPOLITAN COUNCIL'S SEWER EASEMENT ACQUISITION PROCESS
Ifthe Metropolitan Council's sewer interceptor requires any construction work on property that
you own, the Council must first contact you, acquire an easement, and pay you for the right to
use the easement on your private property.
. There are two types of easements that the Council may need:
"!"
(1) A permanent easement gives the Council the right to install and permanently maintain a sewer
system on a defined strip of property. The property remains under your ownership, subject to the
Council's easement. These easements usually run along the edge of the property where set-back
ordinances already regulate building within a specified distance of the property line.
(2) A temporary easement is for a specific length of time while the sewer is installed. If the sewer is
installed by digging a trench, extra room i~ needed for the trench width, excavated dirt, construction
materials, and a path for construction equipment. A temporary easement lasts from the start of
construction until the surface is restored, usually between 12 and 18 months. The Council
essentially pays rent for a, strip of land and then restores the surface.
· if the Council needs to purchase an easement from you, a iepresenfEitive of t,e Counci!'~ rea: est9te
staff will contact you to discuss the easement process.
. The Council will hire an appraiser to appraise the value of the easement. You will be invited to
accompany the appraiser on an inspection of the proposed easement.
· The Council will make an offer based on the appraisal report.
. The Council real estate section has a very good record of negotiating easements that are equitable,
without court involvement.
Freauentlv asked auestions:
What will the Council staff norm~lIy do on a permanent easement, and how often?
Once construction is completed, the Council will seldom need to use the permanent easement. About
once each year or two, a maintenance crew will walk over the easement to inspect the manholes and
easement surface. About every 5 years, the maintenance crew will need to drive a pickup truck to the
manholes to pull a camera through the pipe to record its internal condition.
\
Why is the Council's permanent easement usually 40 feet wide?
The easement is set wide enough that in the unlikely event there is a need to excavate down to the pipe
to repair it, there would be enough, room at the surface to construct a shaft without threatening to
undermine buildings.
What can I do with property that has a permanent easement over it?
The specifics are spelled out in the easement agreement. Usually, you can build readily replaceable
improvements such as driveways or parking lots. Farmers will be able to continue to plant and harvest
crops over permanent easements. If the Council ever needs to remove these improvements, it pays to
restore them.
What if you have to remove trees to install the sewer?
The Council tries to avoid disturbing high quality trees. If trees must be removed during construction,
they are taken into account in the appraisal of the easement value.
Can other utilities use the sewer easement once it is granted?
No, the Council's easement is for sewer purposes only. If any other private company or governmental
organization wants to use the easement for another purpose, they need to obtain specific easement
rights from you.
5000
Option C
(77)
o
5000 Feet
,
@
Dakota Coun~ Parcels within 1000' of Proposed
Empire Outfall Route
Hastings
(Alternates under consideration --
one route will ultimately be selected)
--.
~ Metropolitan Council
A." ~~_Md
MEMO
VII-3
VIll-C-l
To: Mayor Werner and City Council
From: Kris Jenson, Associate Planner
Date: August 28, 2001
Re: Public Hearing - Rezone 1457 Featherstone Road (A Agriculture to R-3 Medium High
Density Residence)
Ronald Jones has requested that the property located at 1457 Featherstone Road, from A Agriculture to R-3
Medium High Density Residence. The property proposed for development is .51 acres in size (see site location
map). The property in question is legally described below:
That part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 115 N., Range
17 W., described as follows: .
Commencing at the North Quarter comer of said Section 29; thence southerly, on the north-south
quarter line, a distance of 33.00 feet; thence easterly, parallel with the north line of said Section 29,
a distance of 160.2 feet to the point of beginning of the land to be described; thence southerly, parallel
with the north-south quarter line, a distance ofJOO.OO feet; thence easterly, parallel with the north line
of said Section 29, a distance of75.00 feet; thence northerly, parallel with the north-south quarter line
a distance of 300.00 feet; thence westerly, parallel with the north line of said Section 29, a distance
of 75.00 feet, to the point of beginning. Containing 22500 square feet, more or less. Subject to
easements of record, if any.
Background Information:
Comprehensive Plan Classification: The subject property is currently classified U-II (Medium Density Urban
Residential4-S residential units/acre). The proposed R-3 Medium High Density Residence is a consistent
zoning for this land use.
Zoning Classification: The subject property is currently zoned A Agriculture, The Applicants are requesting
the property be rezoned to R-3 Medium High Density Residence. This zoning classification is consistent with
the rest of the residential zoning in the area.
Surrounding Properties: The area to the north and south ofthis property is zoned R-3 Medium high Density
Residential, and the area to the west and the east is zoned A Agriculture.
Planning Consideration:
The applicants have submitted a building permit for a single-family home for this property, which required
rezoning prior to a permit being issued.
Planning Commission Recommendation:
Planning Commission recommended approval of the rezoning ofthe property to R-3 PRD Medium
High Density Residential at their 08/27/01 Planning Commission Meeting.
The City Council approved the first reading ofa ordinance rezoning this property to R-3 PRD Medium
High Density Residential at their 09/04/01 City Council Meeting
Recommended Action:
Recommendation to approve an ordinance rezoning the property to R-3 PRD Medium High Density
Residential.
LAND USE APPLICATION
CITY OF HASTINGS
, 101 4th Street East, Hastings, MN 55033
Phone (651)437.4127 Fax (651)427.7082
Address of Property Involved: i L/ '2 7 fi.4-il..~ ~ R d - J4.i1 t.5
Legal Description of Property Involved: ~ IlIi~d
Applicant:
Name
Address
1?o4Jf//) If OP~('
1/oS-9 s~~PA.l /Jk?
,4ft<:rJtt);;' f /!?IIJ / ~3.J
4f't7 ,fA? ,--4..
Official Use Only
Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance #
Section
App. Com.
Phone
Fax
Owner (If different from Applicant):
Name
Address
?t:~~D
Phone
Fax
AUG 0 8 2001
CfTY Gl= i-:,1t3Til\GS
Request:
Rezone: 92!i:f) . ~
Comp Plan Amend: .
Site Plan:
Variance:
Special Use:
Subdivision:
Vacation:
Other:
TOTAL: ~L0J . Q2..
Description of Request (include site plan, survey, and/or plat if applicable):
U~o./f.jf:
~.4 (~AlK(" CJ/lW/!/2
Applicant Name and Title - Please Print
kffiwJl~<~Wjol ~~~ Y/z/d/
Signature of A . t ate I ignature of Owner Date t
~I- K-~V&-5
Owner Name - Please Print
ORDINANCE NO.
, SECOND SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION
10.01, SUBDIVISION 1 OF THE CITY CODE HAVING TO DO WITH:
OFFICIAL ZONING MAP
BE IT ORDAINED by the City Council of the City of Hastings as follows:
Subdivision 1. The following described properties are hereby zoned from A Agriculture to R-3
Medium High Density Residence:
That part ofthe Northwest Quarter of the Northeast Quarter of Section 29, Township
115 N., Range 17 W., described as follows:
Commencing at the North Quarter comer of said Section 29; thence southerly, on the
north-south quarter line, a distance of 33.00 feet; thence easterly, parallel with the
north line of said Section 29, a distance of 160.2 feet to the point of beginning of the
land to be described; thence southerly, parallel with the north-south quarter line, a
distance of300.00 feet; thence easterly, parallel with the north line of said Section 29,
a distance of75.00 feet; thence northerly, parallel with the north-south quarter line
a distance of300.00 feet; thence we$terly, parallel with the north line of said Section
29, a distance of75.00 feet, to the point of beginning. Containing 22500 square feet,
more or less. Subject to easements of record, if any.
ADOPTED BY THE CITY COUNCIL TillS DAY OF
,2001.
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko, Administrative Assistant! City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the _ day of
,2001, as disclosed by the records of the City of Hastings on file and of record
in the office.
Melanie Mesko, Administrative Assistant! City Clerk
( SEAL)
This instrument drafted by:
City of Hastings
101 4th St.
Hastings, MN 55033
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Memo
VIll- C-2
To:
From:
Date:
Re:
Mayor Werner and City Council
Matthew Weiland, City Planning Director
9/11/01
Site Plan - Tom Thumb Food Markets (1743 Vermillion)
The site plan for the proposed Tom Thumb food market was tabled at the 7/16/01 and the
9/4/01 City Council meeting. The site plan was tabled to allow the developer to address
issues raised at the 7/16/01 City Council meeting. The items have been addressed as part
of this new site plan and will be discussed in the memo below.
Tom Thumb Food Markets have submitted and land use application and is requesting
approval of a site plan for the construction of a new Gas/Convenience Store and Car
wash located off of Vermillion St/Hwy 61. (site location map enclosed). The City has
worked hard with this property owner to form a cooperative agreement that redevelops
this property. This site plan approval also includes the demolition of the vacant building
on this property: The Site plans, a land use application, and a site location map are
included with this memo.
Background Information:
1. Comprehensive Plan Designation: Commercial. The proposed use of the property
is consistent with the plan designation.'
2. Zoning: C - 3 Community Regional Commerce. Auto Service 'stations are only
allowed by special use permit in this district. The City approved a special use
permit for a gas station and car wash on this property at their 7/16/01 City
Council meeting.
3. Existing Conditions: The property currently has a vacant dilapidated building,
trailer parking, and a small office building. A condition of site plan approval will
be that the dilapidated building is demolished immediately and the trailer storage
is discontinued within one year.
4. Proposed Conditions: The Submitted site plans show a new 5,520 sq ft
convenience store with an attached car wash, 6 gas pumps with a canopy, and
associated parking. The convenience store will include a training area and a
freezer/cooler warehouse area. The new site plan will eliminate the trailer
parking on the site and add new landscaped buffer areas around the site. These
landscaped buffer areas will greatly enhance the appearance of the site.
5. Adjacent Land Uses: The proposed development is surrounded be commercial
and industrial land uses on all sides.
Site Plan
Proposed Uses and Lot Layout: The proposed use ofthe lot and site layout are
appropriate. The building will face Vermilion St /HWY 61, which is where the main
access to the property is located. The applicant has revised the site plan to create more
green space based on City Staff recommendation.
Site Access: Access to the property will be from two separate accesses. One access is
located off of Vermilion St/HWY 61 and one access is located off of 18th St.
Fuel Delivery: The City Council was concerned about fuel delivery trucks serving this
property. The concern is about fuel delivery trucks driving through residential
neighborhoods. The site plan indicates truck radiuses that indicate fuel trucks will enter
and leave the site from Vermillion St. The City may also attach conditions that prohibit
delivery trucks from driving through residential neighborhoods.
Traffic Circulation: Circulation through the site functions well.
Zonin2 Setback requirements: Proposed parking areas are in compliance with zoning
ordinance parking lot setback requirements. Building setbacks in the C-3 District are
established through site plan review. It is the opinion of staff that the proposed building
is rationally sited relative to the parking lots and the site itself.
Number of Parkin2 Spaces: The Zoning Ordinance requires a standard of 1 parking
space per 200 sq. ft. of gross building area for retail use and adequate parking for the gas
pump area. The gross building area is 5,520 sq ft. This would require between 27
parking spots. The site plan is indicating 53 parking spot with adequate parking for the
gas pump area. The main reason for the additional parking is for the training area of the
convenience store. Teachers and students of the training area will use the additional
parking spaces. The parking spaces on site will also be shared with the business to the
east. A shared access and parking easement will have to be prepared and recorded with
this property.
Sanitary, Water, Storm Sewer and Grading Plans: The Public Works Director has
preliminarily approved the utility plans.
Lightin2: The city has recommended in the past that it needs to protect motorists and
adjacent residential property owners from excessive glare and trespass or spillover of
light. The lighting plan does minimize the light spillover for most of the property very
well. The canopy lights shall be required to be recessed. All lights on the buildings and
in the parking lots shall be focused down with cut off shields. This will be a requirement
of site plan approval.
Site Landscaping: The landscaping plan shows a variety of elements that will enhance
the appearance of the site. The applicant has added landscaping to the front ofthe
building and more trees around the perimeter ofthe site based on staff and Planning
Commission recommendations.
Trash and Waste: The site plan indicates a screened dumpster enclosure area. The
dumpster enclosure is built with the same materials as the building and includes a gate.
Buildin~ Elevations: The gas station is well designed with many architectural features
that will allow it to greatly enhance the area. The building is built with high quality
materials including accent banding and blocks.
Si~na~e: The site plan is indicating a monument sign that meets the minimum
requirements of the City's new sign ordinance.
Site Plan Approval: Site plan approvals are generally good for only one year. The City
may extend this approval as long as the site plan still meets the minimum requirements of
current ordinances. The applicant has indicated that it is their plan to redevelop this
project in two phases. The first phase will include the demolition of the building, which
will occur immediately. The second phase of the project is scheduled in the next three
years and would include the construction of the project as illustrated on the approved site
plan.
Buildin~ Demolition: The applicant has indicated that the vacant building will be
demolished as soon as possible, but no longer than 60 days. The applicant will also have
to properly abandon the utility services to the property.
Existin~ Conditions: The property currently has trailers parked on the property that are
used by the adjacent business. These trailers will be removed within one year. After the
building is demolished, the property may not be used as a storage area or parking area,
unless the parking lot is repaired to current minimum ordinance standards and effective
screening is installed.
MNDOT (Minnesota Department of Transportation): This project requires MNDOT
review because it is adjacent to a state highway (HWY 61). The City has received
comments form MNDOT and the proposed site plan is addressing those comments.
Summary: The Gas Station/Convenience Store and Car Wash is a well-designed project
that will also solve existing property maintenance concerns. This is an integral
redevelopment project along Vermillion St/HWY 61 that will promote more high quality
redevelopment along this commercial corridor. This car wash and gas station will not
cause a negative impact to residential areas as other gas station/car washes in the City
have.
Plannin~ Commission Recommendation: The Planning Commission recommended
approval of the special use permit and site plan for the Tom Thumb gas station/car
wash/convenience store at their 6/25/01 Planning Commission meeting, subject to the
conditions listed below.
Recommended Action:
Site Plan
A motion to recommend approval of the Tom Thumb gas station/car wash/convenience
store Site Plan, subject to the following conditions:
1. That site plan approval shall be contingent upon the site receiving special use
permit approval for the use of the gas station.
2. The proposed structure and accessory items including, but not limited to, the
parking lot landscaping shall be completed pursuant to the approved site plan.
Upon request for occupancy of the building, all uncompleted items contained
within the site plan shall be addressed pursuant to city code escrow requirements.
3. That a shared access and parking easement will have to be prepared a recorded
with this property.
4. That all lighting on the site shall be downcast and shielded with cut off shields.
5. That the lights in the canopy shall be recessed.
6. That the existing vacant building on the property shall be removed immediately,
no later than 60 days from the date of site plan approval.
7. That the utilities on the property are properly abandoned.
8. That the existing trailers on the shall be removed within one year from the date of
site plan approval.
9. That this property may not be used as a storage area or parking area, unless the
parking lot is repaired to current minimum ordinance standards and effective
screening is installed.
10. That the site plan approval for this project shall be for three years as long as the
site plan meets minimum requirements of all city ordinances in effect at the time
development is proposed.
11. That construction shall begin on the property within three years or the property
shall be required to be brought up to minimum ordinance requirements for a
parking lot.
12. That delivery trucks shall be prohibited from driving through residential
neighborhoods.
LAND USE APPLICATION
CITY OF HASTINdS
, 101 4th Street East, Hastings,:MN 55033
Phone (651)437.4127 Fax (651)427.7082
Address of Property Involved: NE comer of 18th and Vermillion Street
Legal Description of Property Involved:
legal description attached
Phone
Fax
Tom Thumb Food Markets, Tnc.
110 East 17th Street
HastinQ:8\:':MN 55033
651/437-9023
651/438-2638
Official Use Only
Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance #
Section
App. Com.
Applicant:
Name
Address
Owner (If different from Applicant):
Name Montana Properties, LLC
Plddress 110 East 17th Street
Hastings, MN 55033
651/437-9023
651/438-2638
PhiD
Phone
Fax
JUN 2 1 2001
cr~! ('IF f..~',;~i -~;\'i;.:t.'~,;:"
Special Use: f) ~;;.u~) C~
Subdivision:
Vacation:
Other:
TOTAL:
Request:
Rezone:
Comp Plan Am~d: .
Site. Plan: ...l(~c). a ("J
Vanance: ;
Description of Request (include site plan, survey, and/or plat ifapplic~le):
Site plan approval and special use permits for constrUction and operation of
a convenience food store including the sale of gasoline, petroleum products,
car wash, training facility and storage with the condition to remove the
existing building op or before December 31, 2001 and complete construction
of the new store by October 1, 2004.
Tom 'Jhumb Food Markets, Inc.
orA J rl d L. __ ffJ~ l;1r;d~
Signature of Plpplicant Date
Montana. Properties" LLC
dJ.J cdi~--. ~~t::tc..r
Signature of Owner Date
Applicant Name and Title - Please Print
Owner Name - Please Print
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Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road 82
Roseville; MN 55113
July 19,2001
Mr. Matt Weiland, City Planner
City of Hastings
101 4th Street East
Hastings, Minnesota 55033
SUBJECT:
Tom Thumb-MnlDOTReview SOl-043
Northeast Quadrant of Trunk Highway 61 and 18th Street
Hastings, Dakota County
Control Section 1913
Dear Mr. Weiland:
The Minnesota Department of Transportation (MnIDOT) has reviewed the above referenced plat in
compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please
address the following issues:
· Although two accesses to this property currently exist, only one access to Trunk Highway 61 will be
permitted as a result of this development. Either the shared driveway with the property to the north or
the driveway serving solely this property is acceptable. When access points proliferate along a
highway, they degrade the highway's capacity and safety. Also, the access to Trunk Highway 291
(18th Street) should be moved to the most easterly location possible on the site. It is currently located
too close to the intersection of Trunk Highway 291 and Trunk Highway 61. Please direct questions
regarding these issues to Wayne Lemaniak (651-634-2147) in MnlDOT's Traffic section.
· The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm
water is discharged from the site must not increase). The City or project developer will need to
submit before/after hydraulic computations for both 1 o and 100 year rainfall events verifying that all
existing drainage patterns and systems affecting MnlDOT right of way will be perpetuated. Please
direct questions concerning these issues to Rodney Webster (651-634-2082) of MnlDOT's Water
Resources section.
· MnlDOT access permits will be required due to the change in use of the accesses to Trunk Highway
61 and Trunk Highway 291. A drainage permit may also be required. Please direct questions
regarding permit applications to Keith Van Wagner (651-582-1443) ofMnlDOT's Permits section.
Please address all future correspondence for development activity such as plats, site plans, environmental
reviews, and comprehensive plan amendments to:
Paul Czech
MnlDOT - Metro Division
Waters Edge
1500 West County Road B-2
Roseville, Minnesota 55113
An equal opportunity employer
. .
MnlDOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of
other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2)
copies of other review documents will make a submittal incomplete and delay MnlDOT's review and
response to development proposals. We appreciate your anticipated cooperation in providing the
necessary number of copies, as this will prevent us from having to delay and/or return incomplete
submittals.
Feel free to contact me at (651) 582-1378 if should have any questions.
cc: Gary Stevenson, Dakota County Surveyor
Pete Sorenson, Dakota County Engineer
P10we Engineering
Norm Wells Architect
MnlDOT Division File C.S. 1913
MnlDOT LGL - Hastings
2
Memo
VIll-C-3
To:
Mayor Werner and City Council
From:
Matthew Weiland, City Planner
Subject:
Development Agreement - Riverdale
Date:
September 13, 2001
CC:
Dr. Horton
The Hastings City Council approved Riverdale final plat at their 5/21/01 City Council
meeting. This was a complex project. There were numerous issues and conditions
identified with the approvals of this project. The conditions for approval of this project
are to be agreed upon in a Development Agreement between the developers and the City.
The Development Agreement must be signed by the two parties in order for this project
to move on.
Background Information
The development agreement is based on the conditions of approval for the [mal plat and
other issues raised during the approval process. City staff has worked with the developer
of Riverdale to produce a development agreement that balances the concerns of the City
to protect the property as well as the concern of the developers to provide marketable
building lots.
Development Agreement Summary
The main issues of this project focused around the environmental concerns of the bluffs
and existing vegetation. The MNDNR did review the referenced covenants and
conservation area management standards and most of their recommended changes have
been incorporated into the final documents. I felt that a few of their recommendations
were more restrictive, that the City's and States environmental obligations for this
property and did not incorporate those comments. The City is responsible for the
administration of its ordinances. Many of the development agreement conditions have
already been addressed.
Please review the attached development agreement, restrictive covenants, and
conservation area management standards for comments.
Action Requested:
Motion to approve the Riverdale Development Agreement.
Development Agreement
Riverdale
Dakota County, Minnesota
This agreement is made and entered into as of the day of ,2001, by and
between the City of Hastings, a Municipal Corporation ("City"), and D.R. Horton, Inc. -
Minnesota
Whereas, Developer plans to undertake the development and construction of a single family
home development in the City of Hastings, on property hereinafter described, which
development requires certain approval by the City of Hastings: and
WHEREAS, public hearings have been held allowing for comments by neighbors and other
interested persons; and
WHEREAS, the parties desire to memorialize their agreement concerning matters of mutual
interest and concern regarding this development.
NOW, THEREFORE, in consideration of the mutual agreement of the parties and certain
authorizations by the City of Hastings, it is agreed as follows:
1. Subject Property. The real estate in this plat, hereinafter referred to as the "subject
property," is located in the City of Hastings, Dakota County, Minnesota, and proposed to be
legally described as follows, to wit:
RIVERDALE
ACCORDING TO THE RECORDED PLAT ON FILE AND OF RECORD IN THE
OFFICE OF THE DAKOTA COUNTY RECORDER.
TillS DEVELOPMENT AGREEMENT SHALL APPLY TO ALL LOTS AND
OUTLOTS CONTAINED WITHIN RIVERDALE.
2. Authorization to Plat. Developer warrants that it owns the subject property and is
authorized by virtue of said ownership to develop it without consent, participation or
permission of any other person or entity. Developer further warrants that it has the authority
to enter into a development agreement and to perform the conditions herein.
3. Access. The access to the subject property shall be finalized with an agreement between the
Developer and Dakota County, before the final plat hard-shells are released.
4. Private Roads. All private drives and related utilities shall be designed and constructed
according to City policies as determined by the Public Works Director. The developer shall
provide evidence that all private drives and utilities will be maintained by a homeowner's
association and not by the City.
1
5. Streets.
A. Grading. Streets shall be graded to the full width of the right-of-way in accordance with
street grades submitted to and approved by the Public Works Division. All street grading
and gravel base construction will be in accordance with specifications on file in the
Public Works Division. Grading will be complete prior to installation of applicable
underground utilities, either private or public in nature. Gravel base construction shall be
undertaken after completion of the installation of underground utilities.
B. Surfacing. Following Public Works Division approval of street grading and after utility
installation, streets shall be surfaced and provided with concrete curbs and gutters in
accordance with the latest recommended plans and specifications prepared by the Public
Works Division, approved by the Council, and on file at the City.
C. Boulevard Sod -The developer shall install a 3 ft strip of sod directly behind the curb as
part of the street construction process. This boulevard sod strip shall be planted prior to
the development being approved for building permits. If weather or sod supply does not
allow the sod to be installed before building permits are requested, then the developer
shall provide the City a letter of credit for the sod installation and shall install the sod as
soon as feasible. Boulevard areas that are also within Conservation Areas shall be
planted in accordance with the Covenants and Restrictions for Riverdale.
6. Sidewalks and Driveways.
A. Grading of boulevards in all new developments shall be accomplished so as to
accoInmodate construction of sidewalks thereon regardless of whether said boulevard is
part of the Sidewalk Plan on file at City Hall. Any sidewalk located in the plat shall be
dedicated to the public. Any sidewalks constructed in any subdivision shall be in
accordance with specifications established by the Public Works Division. Sidewalks
shall be a minimum of five feet in width, and located one foot off the property line in the
street right of way.
B. Each and every driveway shall be constructed in accordance with specifications
established by the Public Works Division. If a sidewalk is to be constructed, the concrete
driveway shall extend through to the property line side ofthe walk. The remainder ofthe
driveway shall be concrete or asphalt from the end of the concrete apron to the garage. In
cases where driveways are constructed after curbing and sidewalks are in place, the
sidewalk shall be reconstructed in accordance with driveway specifications for the width
ofthe driveway. Ifthe driveway apron, curb cuts, and sidewalk were previously
installed, no reconstruction is necessary.
C. Parking areas shall be designed so as to provide an adequate means of access to a public
alley or street. Said driveway access shall not exceed 24 feet in width for residential uses.
D. All single-family homes, duplexes, 4-plexes, townhomes, and townhouse quadraminiums
developed as part of plats approved after January 1, 1994 shall be required to have mail
delivery serviced by United States Postal Service approved Neighborhood Delivery and
Collection Box units or similar City approved grouped boxes. Individual mailboxes will
be permitted only upon receiving handicap exemption status from the Hastings area office
2
of the United States Postal Service, with appeal rights to the St. Paul district office ofthe
United States Postal Service. Mailbox unit foundations and concrete pads shall be
constructed with the development's street improvements, and in accordance with the
latest recommended plans and specifications prepared by the Public Works Division and
on file at City Hall. The Public Works Director in consultation with the U.S. Post Office
will determine the location and number of mailbox units.
7. Specifications - Inspections.
A. Unless otherwise stated, all of the required improvements shall conform to engineering
standards and specifications as required by the City. Such improvements shall be subject
to inspection and approval by, and shall be made in sequence as determined by the Public
Works Division. Plans and specifications for the required improvements shall be
submitted to the Public Works Division in a type and format specified by the Public
Works Division for review and approval. The required improvement plan review fee as
established by City Council resolution shall be paid at this time.
B. Grading Inspection - All development site grading one acre in size or larger shall be
inspected by a City designated grading inspector, who will review and inspect
maintenance of erosion control measures and compliance with City standards, and the
approved grading plan and specifications. The Developer contracting these grading
improvements will be required to post a cash escrow with the City of Hastings in the
amount of 135% ofthe estimated cost of the inspection services prior to receiving
approval to commence grading. The Public Works Director shall determine the estimated
cost of inspection services. The City will pay all grading inspection costs incurred from
these escrowed funds, and furnish the Developer with copies of all invoices received.
The City will also charge 10% of the consultant fees to cover City overhead and
administrative costs connected to the consultant inspection services. Excess funds will be
returned to the Developer upon completion of the grading project. If the funds deposited
with the City are insufficient to cover the inspection costs, the Developer will be required
to deposit additional funds with the City to cover the estimated overage. The
Uniform Building Code grading permit fee will be waived for those grading projects that
require a grading inspection cash escrow.
C. As-Built Grading Plan - Upon completion of site grading, the Developer shall submit to
the Public Works Division for review, an as-built grading plan in a type and format
specified by the Public Works Division showing the newly graded elevations at all lot
comers, critical elevations in drainageways, one foot contours at ponding and
sedimentation basins, and at ponding level control points for ponding basin emergency
overflow swales. '
D. Inspection of Public Improvements - Construction of all subdivision street and utility
improvements and other required subdivision improvements shall be inspected by a City
designated inspector for compliance with City standards, and the approved improvement
plans and specifications. The Developer contracting these improvements will be required
to post a cash escrow with the City of Hastings in the amount of 135% ofthe estimated
cost of the inspection services prior to receiving approval to commence construction. The
3
Public Works Director shall determine the estimated cost of inspection services. The
City will pay all improvement inspection costs incurred from these escrowed funds, and
furnish the Developer with copies of all invoices received. The City will also charge 10%
of the consultant fees to cover City overhead and administrative costs connected to the
inspection services. Excess funds will be returned to the Developer upon completion and
acceptance of the improvement project. If the funds deposited with the City are
insufficient to cover the inspection costs, the Developer will be required to deposit
additional funds with the City to cover the estimated overage.
E. As-Built Improvement Plan - Upon completion ofthe required public improvements, the
City inspector shall prepare a record as-built drawing of the constructed improvements.
8. Required Surety.
A. Developer Financed and Constructed Improvements: Developer shall provide the City a
letter of credit, cash escrow, or other approved form of surety, in the amount of 125% of
the estimated cost of furnishing and installing the n~quired improvements. This surety
shall be used to cover failure of the Developer to construct the improvement in
accordance with the approved plans and specifications and City standards, or failure
complete the improvements as approved;
B. Maintenance Bond: Prior to accepting or approving the completed Developer financed
and constructed grading and/or street and utility improvements, the Developer must
submit a maintenance bond from his contractor in the amount of 20% of the improvement
costs, covering a period of one year after City acceptance of the improvements.
C. Privately Constructed Improvements: In the event the developer elects to pay one
hundred percent (100%) of all costs incurred by installation of the improvements, outside
of the nomial assessment procedure, he may do so providing he complies with the
following requirements:
1. All construction shall be in accordance with plans and specifications approved by the
Public Works Division.
2. The developer must retain a registered civil engineer to design and inspect the
improvements and to certify that the improvements were constructed in accordance
with the approved plans.
3. Complete the required improvements within a two-year period.
4. Provide the City with reproducible as-built drawings of the improvements within two
months of completion of the improvements.
9. Utilities. The developer shall modify the utility plan according to the following items,
subject to the approval ofthe Public Works Director:
A. The developer shall have a separate water meter and water line installed for all irrigation
systems.
B. All homes shall have individual pressure reducing valves installed due to the high water
4
pressure in this area.
C. The sanitary sewer invert into the site shall be lowered to accommodate sanitary flows for
future growth outside the City. The sanitary sewer mains may also have to be lowered to
accommodate future sanitary flows.
10. Utility Over-sizin2. The City agrees to pay the difference in cost to over size and increase
the depth of installation of sanitary sewer mains to service the project. The over sizing cost
shall be approved by the Public Works director.
11. Property Monuments. Steel monuments shall be placed at all block comers, lot comers!
angle points, points of curves in streets and at intermediate points as shown on the Final Plat.
Such installation shall be the developer's expense and responsibility. All U.S., State, County,
. or other official benchmarks, monuments, or triangulation stations in or adjacent to the
property shall be preserved in precise position. The developer shall replace all monuments
displaced, damaged or removed during grading operations. The monuments shall be installed
after the final grading has been completed. The developer shall provide required certification
of installation to the County. A copy of this certification shall also be sent to the City.
12. Public Land Dedication. The park dedication has been satisfied for this project through and
agreement the City of Hastings made with the previous landowners. The agreement was
made as part of the trail connection through the property.
13. Interceptor Sewer Char2es. At the time the City signs the [mal plat, Developer agrees to
pay the City Twenty Thousand Four Hundred Sixty and 00/100 ($20, 460.00) for interceptor
sewer charges. This total is based on a rate of $310.00 for the 66 proposed single-family
home lots.
14. Zonin2 Classification. Subject property has been zoned to R- 1 Low Density Residence
zoning Classification. Developer shall adhere to all standards for the zoning district, which
are not in effect and amended from time to time.
15. Grading Plan. Developer shall provide the City with a certified survey illustrating that all of
the subject property has been graded pursuant to the approved grading plan prior to the
issuance of any building permits. Further, all disturbed areas shall be seeded and mulched
before issuance of any building permits.
16. Requirements For a Buildin2 Permit
A. No building permits shall be granted on the platted property until such time as a certified
copy of the recorded plat has been filed with the City and production of proof that all
conditions of plat approval have been met. In a case where the City of Hastings is a party
to the platting, a copy of the plat, certified by the City Clerk as true and correct, shall
satisfy the requirements of this section.
B. No building permits, except for the four sales models noted herein, shall be granted on
5
the platted property until such time that the subdivider provides the City with a certified
survey indicating that the entire site as shown on the preliminary and final plats has been
graded pursuant to the approved elevations shown on the preliminary and final plats.
C. No building permits, except for the four sales models noted herein, shall be granted on
platted property until the bituminous base course has been constructed, sod behind the
curb and gutter installed, and sanitary sewer, water main and storm sewer improvements
tested and accepted
17. Building Permit Submittal Requirements. An original certificate of survey from a
licensed surveyor is required for all new development, including expansions of existing
buildings. The Building Official may for accessory structures or minor additions (decks, porches,
attached garages), waive the Certificate of Survey submittal requirements in favor of an approved
site plan indicating the location of existing and proposed structures in relation to lot lines.
A. The certificate of survey shall reference and be based on an approved grading plan.
B. The Certificate of Survey shall include at a minimum the following information:
1. Property boundaries
2. Existing structures
3. Proposed structures (including driveways)
4. Existing and proposed lot comer elevations
5. Proposed drainage flow (arrows)
6. Proposed garage floor elevation
7. Proposed lowest floor elevation
8. Proposed lowest foundation opening
9. Proposed top of foundation elevation (front and rear)
10. Proposed finish grade elevations at building comers
11. Street right-of-way (to center line)
12. Existing property monuments
13. Detailed spot elevations for drainage swales based on the approved grading plan.
14. Existing and proposed mid point elevations on side lot lines
15. Existing top of curb elevations at the extension of side lot lines and at the mid point
of the lot
16. On-site sewage treatment system location and potable well location, if applicable
C. Survey benchmarks shall be identified on certificate of survey.
D. Field hubs shall be placed on site by a licensed surveyor to show top of foundation
elevation and setbacks.
6
18. Erosion Control Plan Requirements (May be identified on Certificate of Survey)
A. Silt Fence - A silt fence shall be identified on the erosion control plan. The silt fence
shall be located along the front yard (3 feet from curb or behind sidewalk), along existing
developed yards, and where needed for erosion control as determined by the City's
Engineering Department.
B. Rock Driveways - A rock driveway shall be identified on the erosion control plan. The
rock driveway shall be constructed of CAlICA2 Course Aggregate 1-2" rock - 6" deep
per MPCA Manual.
19. Natural Resources Management Plan Requirements (all plans can be on same survey)
A. Tree Plans - Shall identify boulevard/street tree and front yard tree location and type of
tree (based on approved tree plan).
B. Tree Protection - Shall identify protected trees and tree protection systems._
20. Sales Models. The City will permit the construction of 4 model homes near the intersection
of River dale Dr and Liddle Lane. Building permits for these units may be taken out after
water is provided to these lots and a temporary access road is in place. The issuance of the
building permits is subject to the approval of the Building Official and Fire Marshall.
Certificate of surveys and full building plans are required as part of these building permits.
21. Occupancy of Sales Units (Model Homes). Sales units must receive a certificate of
occupancy before they are used as models, subject to the approval of the Building Official
and the following conditions:
A. Hard surfaced roads with curb and gutter shall be installed to the sales units.
B. Adequate parking for visitors is available on a gravel or hard surface.
C. Lighting is operable for any evening activities.
D. The entire dwelling, interior and exterior, is complete, landscaping is underway, and
utilities necessary to support the occupancy of the building are complete and accepted by
the City.
22. Occupancy of Dwelling Units. No permanent occupancy of any dwelling unit in the
subject property shall occur until the City has accepted all utilities and until the base course
of pavement has been installed on the streets, etc.
23. Shade Tree Requirement. The builders in the subdivision shall plant "boulevard" trees
according to the submitted tree plan and one front yard tree per lot. These trees shall be at
least two inches in diameter at the base and the species of the tree should be on the list of
approved trees Created by the city Forester. An escrow is required for any unplanted trees
before a certificate of occupancy is issued for any units without trees are allowed.
24. Removed Trees. The Developer shall be responsible for a portion ofthe cost to remove
7
trees, due to grading operations, along the City's Bike Trail. The Developer shall also be
responsible for the full cost of replacing these trees on the property.- The location and
species ofthe new trees shall be subject to the approval of the City Forester. The trees shall
be planted immediately after the grading in the area is completed.
25. Maintenance of common open space and ponding basins. The developer shall provide
documentation that a development association and not the city shall privately maintain
common open space and ponding basins.
26. MNDNR Req1!irements. The Minnesota Department of Natural Resources must approve
the Shore Land PUD, prior to the release of the fmal plat hard-shells.
27. Conservation Areas. Conservation areas shall be regulated by enforcement of Exhibit B-
Conservation Area and Management Standards. This exhibit shall be recorded with every lot
in the Riverdale Subdivision.
28. Conservation Area Monuments. Permanent monuments shall be placed on the property
identifYing the restricted and protected areas.
29. Barn Foundation. The barn foundation located in Lot 23, Block 5 shall be removed or
buried and any impact to the bluff shall be restored with native vegetation.
30. Riverdale Terrace Cul-De-Sac Island. Developer shall provide to the City documentation
that landscape plantings within the Riverdale Terrace Cul-de-Sac island shall privately be
maintained by homeowners' association agreement.
31. Storm Water Review. The Developer shall be responsible for the costs of the BARR
Engineering stormwater plan review.
32. Outlot A (Park). Outlot A shall be deeded to the City for a Park.
33. Outlot C. The Developer shall deed Outlot C to the City.
34. Bike Trail. The proposed realignment of the bike trail shall be constructed to MNDOT bike
trail standards, subject to the approval of the Public Works Director. This trail realignment
shall be constructed first to minimize the impact to the bike trail and allow for use during
construction on the property.
35. Successors and Assigns. This agreement shall be binding upon the successors and assigns
of the parties hereto and shall run with the land.
36. Recording of Agreement. An original executed copy ofthis agreement shall be filed with
the Dakota County Recorders Officer, which shall give notice to all subsequent purchasers of
the property within the subject property ofthe provisions of this Agreement.
8
37. Miscellaneous.
A. Any breach of the terms of this Agreement by Developer shall be grounds for denial of
building permits for construction in the subject property.
B. If any portion of this Agreement is held invalid for any reason, that decision shall not
affect the validity of the remaining portions of this Agreement.
C. The action or inaction of the city shall not constitute a waiver or amendment to the
provisions of this Agreement. All amendments or waivers to this Agreement shall be in
writing, signed by all parties and approved written resolution of the City Council.
Dated this
day of
, 2001
City of Hastings,
A Minnesota Municipal Corporation
By:
Michael D. Werner, Mayor
By:
Melanie Mesko, City Clerk
SEAL
D.R. Horton, Inc. - Minnesota
By:
Neil G. Hansen, President
Acknowledgment
State of Minnesota)
) SS.
County of Dakota)
The foregoing instrument was acknowledged before me this day of ,2001, by
Michael D. Werner and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, A
Minnesota Municipal Corporation
Notary Public
State of Minnesota)
) SS.
9
County of Dakota)
The foregoing instrument was acknowledged before me on this _ day of 2001, by Neil
G. Hansen, President, D.R. HORTON, Inc. - Minnesota, a Delaware Corporation, on behalf of
the Corporation.
Notary Public
This instrument drafted by
City of Hastings
101 E 4th St
Hastings, MN
55033
v.
10
Riverdale Covenants
Page 1 of8
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR RIVERDALE
THIS DECLARATION is made this day of 2001 by the undersigned,
being all ofthe owners and encumbrances of the land located in Dakota County, Minnesota,
described as follows:
Block 1, Lots 1 through 4
Block 2, Lots 1 through 17
Block 3, Lots 1 through 16
Block 4, Lots 1 through 5
Block 5, Lots 1 through 21
Outlots A and B all in Riverdale
WHEREAS, the Riverdale Homeowners Association, Inc, has been incorporated, under the laws
of the State of Minnesota, as a non-profit corporation for the purpose of exercising the functions
and powers set forth herein.
NOW THEREFORE, Declarant hereby declares that all the properties described above shall be
held, sold and conveyed subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and desirability of, and which shall
run with, the real property and be binding on all parties having any right, title or interest in the
described properties or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof
1. Definitions. For the purposes of brevity and clarity, the following words shall have
meanings as follows:
"City" means the City of Hastings, and shall include all of its ordinances and rules that have
been adopted for its governance.
"DNR" means the Minnesota Department of Natural Resources, which has certain oversight
regulations that pertain to the land uses with Riverdale and adjoining lands.
"MNNRA" means the Mississippi National River and Recreation Area, a unit ofthe National
Park System, and is also the state-designated Mississippi River Critical Area Corridor.
Lands and waters within MNNRA shall be used and developed to maintain the present
diversity of uses; to protect historical sites and areas, natural scenic and environmental
resources; and to expand public access to and enjoyment of the river. Riverdale is being
developed in accordance with all regulations pertaining to MNNRA.
"Conservation Area Plan" means all the area indicated on Exhibit B for the entire Riverdale
plat which is impacted by MNNRA standards.
"Conservation Area" or "Restricted Area" means all the area noted in a Lot Survey that is
limited in its use by a Lot Owner. Lot Owners use, enjoyment, and maintenance of
Conservation Areas shall be in compliance with the stated goals and regulations ofMNNRA.
These areas will be posted with signage at Lot intersections.
Riverdale Covenants
Page 2 of 8
"COE" means the United States Anny Corp of Engineers, which governs the navigational.
uses within the Mississippi River corridor.
"COE Area" means that area of River dale adjacent to the Mississippi River that is subject to
a Navigation and Flowage Easement in favor ofthe COE to maintain the navigational
characteristics of the river. This area is also noted in Exhibit B and in Lot Surveys.
"Declarant" means D.R. Horton, Inc.-Minnesota, a Delaware Corporation, which is the
present fee owner of the Riverdale land.
"Lot" means any Lot or Outlot shown on the recorded plat of River dale and any Lots or
Outlots created in the future on said plat by combining parts of existing Lots or Outlots,
subject to Association approval and City Ordinances. There are currently 66 Lots and 2
Outlots on the platted property of River dale.
"Outlot" means any parcel of the plat that is recorded for the use of signage, dedicated public
right-of-way, or portions of Lots used for signage, fences, trails, and related improvements
that are part of the Common Areas.
"Lot Survey" means the individual lot surveys as required by City ordinance to obtain a
building permit upon any Lot or Outlot. Each Lot Survey shall indicate to what extent the
Lot is subject to Conservation Area and COE Area limitations.
"Common Areas" means all real property and the improvements thereon owned and
maintained by the Association for the common use and enjoyment ofthe Owners, including
monuments. The Common Area to be owned and maintained by the Association includes
Outlots A alia B.
"Lot Owner" means the record fee owner. Ifthe land is-sold on a Contract for Deed, the
contract vendee is the owner. If the land is subject to a life estate, the life estate tenant is the
owner.
"Association" means the Riverdale Homeowners Association Inc., a Minnesota non-profit
corporation, comprising all the Lots and outlots that will be platted from Riverdale.
2. Residential Use Only. No Lot shall be used for any purpose other than that allowed under
City ordinance within a residential zoning district. No obnoxious, annoying or offensive
activity shall be allowed on any Lot nor shall any activity be allowed which may be a
nuisance to the neighborhood.
3. Conservation Areas. All Owners must follow and adhere to the rules and regulations set out
in these covenants, which are based upon MNNRA regulations and City ordinances that
minimize the impact of improvements, construction, and maintenance of Lot property within
Conservation Areas.
1. Conservation Area Management Standards. Attached to and made a part ofthis
Covenant is Exhibit B, "Conservation Area Management Standards". This quantifies
dimensions and tolerances for grading, landscaping, planting, trimming, cutting, and
general maintenance; and the allowable construction of accessory structures within
Conservation Areas.
2. Compliance with Development Contract. There is a certain Development Contract
between the City and Declarant, dated , which is incorporated herein,
Riverdale Covenants
Page 3 of8
including any amendments thereto whether before or after the date of this Declaration.
This Contract contains various restrictions and requirements with respect to the
development of River dale, the construction of homes and other Improvements, and the
use and maintenance of various land and spaces owned or to be owned by the Declarant
and the Lot Owners. The Declarant and the Association shall comply in all respects with
the Contract.
3. Noncompliance. In the event ofa failure to comply, the city, or the proper governmental
enforcement agency, may (i) enter the Property and cure the non-compliance or (ii)
compel compliance by any legal or administrative means available to it under existing
laws, ordinances, codes or regulations.
4. Notices. Prior to undertaking any action to cure the non-compliance, the city, or the
proper governmental enforcement agency, shall give written notice to the Association and
to the Declarant, responsible for the non-compliance and the responsible party shall have
thirty (30) days thereafter to cure the non-compliance (or cease), except that in the event
of an emergency, the City may act immediately provided that it makes a reasonable effort
to give the described notice.
5. Easement Rights for Corrective Actions. The city, or the proper governmental
enforcement agency, shall have easements over the Property for reasonable access in the
event that it is required to enforce its rights under the Agreement.
4. Architectural Controls and Standards. Each structure on each Lot shall conform to the
following:
1. Single Family Buildings. No structure shall be allowed on any Lot other than one
detached single-family dwelling per Lot.
2. Building Heights. No structure may exceed the City's height limitation as prescribed by
local ordinances.
3. Minimum Size Structures. The square footage ofthe ground floor of the main structure,
exclusive of open porches and garages, shall not be less than 2000 square feet.
4. Garages. The garage and storage area internal to the garage shall be at least 400 square
feet in area. Attached garages are preferred, but if unattached, the garage structure shall
be finished with materials in harmony with the house.
5. Accessory Structures. The Association may permit accessory structures, such as
workshops, storage buildings, trellises, decks, barns, patios, sheds, and the like, provided
the structure is finished with materials in harmony with the house and erected in
compliance with City ordinances. Accessory structures to be placed in Conservation
Areas shall also comply with the Conservation Area Management Standards.
6. Harmony: Any structure on a Lot, including porches, enclosures connecting the garage,
to the dwelling, accessory buildings; storage sheds, etc. must have similar design,
materials, color, and workmanship to the main structure.
7. Temporary Residence. No trailer, tent shack, garage, barn, accessory building, or shed
shall be used or occupied for a temporary or permanent residence.
8. Temporary Structures. No trailer, tent shack, garage, barn, accessory building, or shed
shall be erected as a temporary use or structure.
Riverdale Covenants
Page 4 of8
9. Trash Receptacles. No outside incinerators, trash burners, or garbage receptacles shall be
allowed on any Lot.
10. Barbecues. Outdoor barbecues and fireplaces shall be allowed ifthey are not used to
store or burn trash.
11. Unfinished Exteriors. All structures shall be completely finished on the exterior within
six (6) months of commencement ofthe construction of the structure.
12.Fences. Any fences that are installed in front, back or side yards shall comply with City
ordinances and shall be designed and built with materials in hannony with the house.
Chain link fences, where permitted by City ordinance, shall be of a vinyl coated.
construction that is hannony with the main residence.
13. Swimming Pools. Owners may erect pools, provided that are constructed in compliance
with all City ordinances and limitations within Conservation Areas and COE Areas.
Privacy fences will be allowed, provided that they are designed and built in accordance
with the guidelines noted above.
5. Landscaping and Sodding. The entire Lot, except for Conservation Areas, front to back,
side-to-side, and adjacent boulevard from the curb to the property line, shall be sodded within
60 days after the dwelling is occupied. The entire boulevard shall be sodded to the Lot
comers. Ifweather does not permit sodding within that time, the sodding shall be done as
soon as the weather permits. Native grasses or temporary vegetation such as annual oats or
rye must be planted in Conservation Areas during the 18t growing season the home is
occupied. Iftemporary vegetation is planted in Conservation Areas, it must be replaced with
the seeding of native grasses by the following growing .season. Lot Owners are encouraged
to landscape in a manner such that materials, plantings, and landscape structures in
unrestricted areas are in hannony with the home and the desired effect of native landscaping
within Conservation Areas. The first 30 feet behind and 10 feet on either end ofthe principle
residence may be a sodded or seeded lawn area, as long as the sodded or seeded lawn does
not encroach into the protected steep zone area indetified in Exhibit B .
6. Animals. Dogs, cats or other common household pets are allowed ifthey are not kept for
commercial purposes and are housed in the main dwelling or garage. Outbuildings, kennels,
or sheds shall not be usedto house any animals on any Lot.
7. Easements. Easements for installation and maintenance of utilities, entrance monuments,
drainage facilities, vegetative and topographical maintenance are reserved as shown on the
recorded plat. Within these easements, no structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with the installation and
maintenance ofthe utilities, which may obstruct or retard the flow of water through drainage
channels, or which may change the direction of flow of drainage in the easements. The
Owner of a Lot is responsible to continuously maintain the easement area and all
improvements on it, except for those improvements for which the Association, a public
authority or utility company is responsible.
8. Signs. No signs shall be allowed on any Lot except that one sign at a time is allowed for the
purpose of selling and promoting the sale of the Lot and structures. The sign shall not be
illuminated and shall not exceed six (6) square feet in area. A sign shall not be higher than
Riverdale Covenants
Page 5 of8
four (4) feet above grade unless attached to the residential structure. No sign shall be placed
on the roof or extend above the caves of the roof.
9. Erosion Control. It is the responsibility ofthe Lot owner to maintain erosion control
devices in existence until turf is established. Erosion, including damage to adjacent lands
that occurs after the home is built and the buyer takes possession or ownership is transferred,
which ever is first, is the responsibility of the person owning the Lot when the erosion
occurs.
10.Maintenance of Boulevard. The City and / or Declarant do not maintain the boulevards in
front of the Lots. Such maintenance is the responsibility of the affected and adjacent Lot
owners.
11. Association Committee. The Association Committee shall oversee the necessity of any
maintenance or improvements necessary within Common Areas, including entrance
monuments, trails, parkways, boulevards, and the like. This committee shall have the power
to undertake the contracting for any services necessary, including those provided by the
Association. The committee shall be made up ofthree (3) different Lot owners, and not more
than seven (7) Lot owners. The committee will have the power to collect from all other Lot
Owners an annual assessment in an equal share per lot for the fees expended for Common
Areas operations, and to contract with service providers for maintenance activities,
accounting, and collections.
1. Annual Assessments. Annual assessments shall be established and levied by the
Committee subject only to the limitations set forth beJow. Each annual assessment shall
cover all of the anticipated Common Expenses ofthe Association, which are shared
equally by all Lots. Annual assessments shall be payable in equal monthly, quarterly or
annual installments, as directed by the committee.
2. Special Assessments. In addition to Annual Assessments, the Committee may in any
assessment year assess a Special Assessment against all Lots equally for the purposes
described in this Declaration. Among other things, Special Assessments shall be used for
the purpose of defraying in whole or in part the cost of any unforeseen or unbudgeted
Common Expenses.
3. Limited Assessments. In addition to Annual Assessments and any Special Assessments,
the Committee may, at its discretion, levy and allocate Limited Assessments among only
certain Lots where there have been expenses benefiting fewer than all of the Lots, which
may be assessed exclusively against the Lot or Lots benefited.
4. Liability of Owners for Assessments. The obligation of an Owner to pay assessments
shall commence at the later of (i) the time at which the Owner acquires title to the Lot (ii)
the due date of the first Assessment levied by the Board; provided, that no unsold Lot
owned by the Declarant shall be subject to any Assessment nor Assessment lien, nor shall
said Persons be personally liable for Assessments, for any period before a certificate of
occupancy (or comparable municipal occupancy approval) has been issued with respect
to a Dwelling located on such Lot by the municipality in which the Lot is located. The
Owner at the time an Assessment is payable with respect to that Lot shall be personally
liable for the share of the Common Expenses assessed against such Lot. Such liability
shall be joint and several where there are multiple Owners of the Lot. The liability is
Riverdale Covenants
Page 60f8
absolute and unconditional, to the extent available by law. Except as provided in this
Section, no Owner is exempt from liability for payment of Assessments by right of set-
off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Lot, by the waiver of any other rights, or by reason of any claim
against the Associa:tion or its Officers, Directors or agents, or for their failure to fulfill
any duties.
5. Assessment Lien. The Association has a lien on a Lot for any Assessment levied against
that Lot from the time the Assessment becomes due. If an Assessment is payable in
installments, the full amount of the Assessment is a lien from the time the first
installment thereof becomes due. Fees, charges, late charges, fines and interest charges
imposed by the Association are liens, and are enforceable as Assessments, under this
Section. Recording of the Declaration constitutes record notice and perfection of any lien
under this Section, and no further recordation of any notice of or claim for the lien is
required. The release ofthe lien shall not release the Owner from personal liability
unless agreed to in writing by the Association.
6. Foreclosure of Lien and Remedies. A lien for Assessments may be foreclosed against a
Lot under the laws of the State of Minnesota (i) by action, or (ii) by advertisement in a
like manner as a mortgage containing a power of sale. The Association, or its authorized
representative, shall have the power to bid in at the foreclosure sale and to acquire, hold,
lease, mortgage and convey any Lot so acquired. The Owner and any other Person
claiming an interest in the Lot, by the acceptance or assertion of any interest in the Lot,
grants toj:he Association a power of sale and full authority to accomplish the foreclosure
by advertisement. The Association shall, in addition to its other remedies, have the right
to pursue any other remedy at law or in equity against the Owner who fails to pay any
assessment or charge against the Lot.
7. Lien Priority -- Foreclosure. A lien under this Section is prior to all other liens and
encumbrances on a Unit except (i) liens and encumbrances recorded before the
Declaration, (ii) any first mortgage on the Lot, and (iii) liens for real estate taxes and
other governmental assessments or charges against the Lot.
8. Voluntary Conveyances -- Statement of Assessments. In a voluntary conveyance ofa
Lot, the buyer shall not be personally liable for any unpaid assessments and other charges
made by the Association against the seller or the seller's Lot prior to the time of
conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of
such assessments shall remain against the Lot until released and satisfied. Any seller or
buyer shall be entitled to a statement, in recordable form, from the Association setting
forth the amount of the unpaid Assessments against the Lot, including all assessments
payable in the Association's current fiscal year, which statement shall be binding on the
Association, seller and buyer.
12. Improvements Within COE Areas. The COE flowage easement was put in place for the
construction ofthe dike and Lock and Dam No.2 on the Mississippi River, just below the
Riverdale plat. This easement allows the COE to take whatever actions they deem necessary
to protect or improve the navigation channel, the dam, and locks. The COE has stated that it
is higWy unlikely that the COE will ever again use the easement. Lot Owners adjacent to the
COE Area have from 40 to 80 feet of backyard space before reaching the COE Area
easement line. The unlikely use of the easement, combined with the minimal improvements
Riverdale Covenants
Page 7 of8
that could be allowed to be constructed within Conservation Areas suggests that Lot Owners
may not require COE consent to the use of the easement area. However, a Lot Owner or the
Association may request from the COE consent or license to erect improvements within the
easement area if deemed necessary by the Owner or Association, so long as these
improvements are in compliance with any applicable Conservation Area Management
Standards. As a practical matter, it is unlikely that Lot Owners would face any significant
problems in constructing such structures within the COE easement area.
13.Boat Docks and Access. The Association, and / or an individual owner(s) will be allowed to
build and maintain a boat dock, as permitted by the City, DNR and COE, on or contiguous to
the Mississippi River. Access to the docks will be available in two ways. First, if an Owner
has a river bluff Lot, that Owner may erect an incline lift, stairs, or trail to access the river
shore. The installation of such an access shall be reviewed and approved by the City in
accordance with state and City standards. Secondly, the public access trail leading from
Riverdale to the river shall be available to the public for walking access to the shore. The
Association, or an individual Lot Owner, may erect docks, access ways, boardwalks, or 9ther
such facilities leading from the public trail to docks or other water-oriented facilities as may
be permitted by the City, DNR and COE. Any individual river bluff Lot Owner shall be
permitted to erect docks, access facilities, and the like without the approval of the
Association, except that any such endeavor shall comply with City ordinances and DNR and
COE regulations. The public access trail is shown in Exhibit A. No motorized access or
launching shall be allowed at the public access trail connection to the river blufflots.
14. Covenants to Run With the Land. The covenants shall run with the land and shall be
binding on all parties to this Declaration and all persons, claiming under them for a period of
. thirty (30) years from the date the covenants are recorded, after which said covenants shall be
automatically extended for successive periods ofthen ten (10) years, unless an instrument
signed by a majority of the then owners ofthe Lots has been recorded, agreeing to change
said covenants in whole or in part. For the purposes of determining the majority of owners
pursuant to this paragraph, a registered abstractor stating the ownership of each parcel may
be recorded and by prima facie evidence of the ownership of the subject Lots.
15.Severability. If any of the terms, covenants, provisions, or any portion ofthis instrument is
held to be invalid or unenforceable for any reason, such determination shall not be deemed to
alter, affect, or impair any other portion of this instrument.
16. Amendment. This Declaration may be amended by a written document signed by eighty
percent (80%) of the Lot owners; Any amendment that changes the provisions of Section 3
(Conservation Areas) and Section 13 (Boat Docks and Access) shall also require the review
and approval ofthe City. Each Lot shall have one vote. Ifthe Declarant owns any ofthe
outlots, it may amend this Declaration as it affects those outlots. An amendment to this
Declaration shall be effective upon approval of the City (when required) and recording with
the Dakota County Register of Titles. An owner's report by a registered abstractor shall be
prima facie evidence of the Lot ownership for purposes of amendments to this Declaration.
Riverdale Covenants
Page 80f8
EXECUTION PAGE - RIVERDALE COVENANTS
IN WITNESS WHEREOF, this Declaration has been executed as ofthe date first above written.
DECLARANT: D.R. HORTON, INC. -Minnesota
By:
Neil G. Hansen, President
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on this _ day of 2001, by
Neil G. Hansen, President, D.R. HORTON, Inc. - Minnesota, a Delaware Corporation, on behalf
of the Corporation.
Notary Public
Document prepared by:
Paul L. Hellickson
Attorney at Law
Exhibit B -- Conservation Area Management Standards
Page 1 of 3
Each Lot Owner shall comply with the following provisions that guide the use and
enjoyment of Conservation Areas within Lots.
1. Steep Zones. The steep sloped areas - also called bluffs -- within Conservation
Areas are slopes that exceed 18 percent. Generally speaking, the bluffs adjacent to
the river - the north side of the Riverdale plat -- exceed,40 percent slope. The south
side of the Riverdale plat has a slope that varies up to 30 percent.
2. Flat Zones. At the top or bottom of a steep slope or bluff the grade changes to less
than 18 percent. From the point at which the grade changes, the Conservation Area
continues for an additional 40 feet away from the change in grade.
3. Vegetation Management. In Conservation Areas, certain vegetation management
can occur, subject to these provisions.
(a) Clear-cutting - the removal of an entire stand of trees - is prohibited.
(b) A minimum amount of vegetative cutting is permitted for the development
allowed and approved in these Standards or City ordinances. .
(c) The vegetative screening of development allowed and approved in these
Standards or City ordinances, as viewed from the water, shall not be
substantially reduced, aS$uming summer leaf-on conditions.
(d) Adjacent to the river shore, existing shading of water surfaces shall be
preserved, except as allowed for in these Standards or City ordinances.
(e) Maintenance trimming or pruning for the health of the vegetation is permitted,
as long as the essential character, quality an9 density of existing growths is
preserved and a continuous natural canopi'cover is maintained.
(f) Exotic invasive and noxious species listed on the DNR approved list may be
cleared by a Lot Owner at any time. Replacement of removed species with
native species is encouraged.
(g) The City may permit the selective cutting of trees greater than 6" in diameter
when the cutting is appropriately spaced and staged so that a continuous
natural tree canopy cover is maintained.
(h) Cutting, pruning, and trimming of trees is allowed to provide a view to the
water or river valley from the principal dwelling site. Such work shall be done
in such a manner so as to preserve the essential character of existing
growths. If a large tee is cut or severely trimmed, the Lot Owner shall add to
or improve adjoining vegetation to further enhance overall vegetation density,
character, and quality.
(i) A Lot Owner mayat any time remove dead or diseased trees, limbs, and
branches; or those that pose safety hazards or have suffered storm damage.
0) Any vegetative management allowed for in these Standards or City
ordinances shall be done in accordance with Best Management Practices to
protect the Steep Slope areas from erosion and runoff caused by vegetative
management. Allowed vegetation removal should be done in small areas that
can be stabilized before proceeding to another management area.
(k) Additional Plantings and Landscaping. Areas within Conservation Zones are
to be preserved in a natural state when at all possible. Lot Owners may plant
Exhibit B -- Conservation Area Management Standards
Page 2 of 3
additional vegetation such as grasses, perennials, wild flowers, and trees and
shrubs native to the area. Lot Owners are encouraged to provide natural
cover and habitat that is attractive to wildlife in the area. Flat Zones shall not
be manicured lawn areas. Landscaping and any structures erected in Flat
Zones should be of natural materials and colors harmonious with the setting.
Lot Owners are encouraged to landscape in such a manner that the natural
materials are carried throughout the entire Lot, if possible.
4. Development in Steep Zones. Absolutely no structures or development except
stairways, lifts, landings, pervious access paths, and watercraft access areas are
allowed in Steep Zone areas. Such structures are subject to any COE Area
limitation and City ordinance. If such structures and development are proposed, the
following conditions shall be met.
(a) Any work performed must be accomplished without increasing erosion.
(b) If it cannot be avoided, soil and vegetative displacement is minimized to the
extent possible.
(c) The soil types and geology to support the structure are suitable.
(d) There is proper management of vegetation to control and minimize runoff.
5. Development in Flat Zones. Development and accessory structures may be allowed
in Flat Zones. However, any proposed work shall be subject to any COE Area
limitation and City ordinance. If such structures are proposed, the following
conditions shall be met.
(a) Structures shall be setback 40 ft from the top' of bluffs.
(b) Any work performed must be accomplished without increasing erosion.
(c) If it cannot be avoided, soil and vegetative displacement is minimized to the
extent possible.
(d) The soil types and geology to support the structure are suitable.
(e) There is proper management of vegetation to control and minimize runoff.
(f) The structure is constructed of natural materials and colors harmonious with
the setting.
6. Topographic Alterations. Topographic alterations such as grading, filling, and
excavation are not permitted except for the minimum amount of alteration for the
development allowed in these Standards or City ordinances. Topographic
alterations necessary for the development allowed in these Standards or City
ordinances do not require the issuance of a separate grading and filling permit. Lot
Owners or contractors for Lot Owners must secure separate grading permits from
the City if the proposed work will displace more than 10 cubic yards of material in
Conservation Areas, or more than 50 cubic yards of material outside Conservation
Areas. All topographic alterations shall ensure that;
(a) Soil displacement, erosion, vegetative cutting, and the destruction of natural
amenities are minimized, and are the minimal amount necessary for the
development.
(b) The smallest amount of ground is exposed for as short a time as feasible.
Exhibit B -- Conservation Area Management Standards
Page 3 of 3
(c) Temporary ground cover, such as mulch, is used and permanent native
ground cover is planted as soon as possible.
(d) Best Management Practices are utilized to prevent erosion, trap sediment,
and minimize runoff are employed.
(e) Any fill is free from pollutants, rubbish, concrete or building rubble, and is
placed to accepted engineering and construction standards.
(f) All disturbed areas shall be restored at the completion of the project and be in
conformity with the topography of the surrounding land.
Memo
vm- C-4
To:
From:
Date:
Subject:
Mayor Werner and City Council
Matthew Weiland, City Planning Director
September 13, 2001
PrelimlFinal Plat - Agustana Care Addition
Agustana Care Corporation has requested preliminary/final plat approval for anew senior housing
project in the form of a semi-independent residential care facility. The proposed senior housing
project consists of a 3 story, 80 unit building, with underground parking and storage. The new
building will be located on vacant property adjacent to the existing Agustananursing home. The
proposed plat will split this property into two lots. The property proposed for development is 9.4
acres in size in size and is located off of 16th St (site location map enclosed). This property is
currently unplatted. The City requires unplatted property in the City to be platted before it may be
developed. The purpose of this is to clear up legal descriptions on property, create developable lots,
plat right of way, and to pay the required development fees. The City will also be reviewing requests
for a special use permit and site plan approval for this project.
Included with this memo is a site location map, land use application, and preliminary/final plat.
Background Information:
Comprehensive Plan Classification: The subject property is classified U-I (Urban Residential 1-4
residential units/acre). The proposed development density for the subdivision is@14 units per acre.
This density would only be allowed by special use permit.
Zoning Classification: The subject property is currently zoned R-l Low Density Residence. Semi-
Independent Residential care facilities are permitted in this zoning district by special use permit.
Surrounding Properties: The subject property is surrounded by single family homes to the east and
south, a ponding basin and Augustana Nursing Home to the West, and a church to the north.
Site Development Issues: The subject property is vacant that forms a hillside down to a city ponding
basin.
1
"
Preliminary/Final Plat Issues
Subdivision Ordinance Requirements: The preliminary/final plat is complete. The following items
are a summary of preliminary/final plat issues. The developer is proposing to plat two lots. All the
units on the property will be rental units.
1. Site Access: Access to the subject property will be provided from 16th St where it intersects Pine
St. This is the main entrance for the existing nursing home. Both housing projects will share this
one access point. City staff believes one access is appropriate for this site as long as there is a
secondary emergency access. The average age of the residents of the new building is projected
to be 70 years old. The building will generate more traffic in the form of daily trips and visitors,
but not to the extent that a non-senior apartment building does.
A bike trail will also be constructed from 15th St to 19th St, with a connection to the subject
property, as part of the development process (see attached concept plan). This bike trail will
serve as a secondary emergency access to the property. This has been approved by the Fire
Marshall.
2. Site Grading & Storm Water Management: This site has been graded to drain appropriately.
There are catch basins and storm sewers proposed to out-let at the bottom of the storm water
pond. There is enough capacity in the storm water pondto handle the runoff from the property.
The Public Works Director has the following comments.
o Manholes should be placed in the emergency access trail for the main storm sewer
line.
3. Park Dedication: The Agustana Care Addition plat was referred to the NRRC for comment. The
park dedication for this project would amount to $68,000.00 for the 80 proposed units. City staff
requested that the developer be given park credit for the cost of constructing bike trails in the
area, which will also provide emergency access to the property. This was approved by the
NRRC.
4. Trail Connections: The developer will construct a bike trail form 15th St to 19th St with
connections to both Louis Lane and the subject development. This trail will add a valuable trail
connection in the City.
5. Interceptor Sewer: The developer shall be required to pay $310.00 per unit in interceptor sewer
charges, prior to the city releasing the final plat hardshells. The interceptor sewer charge for this
project totals $24,800.00 for 80 units.
6. Access Easements: Shared access and parking easements shall be prepared and recorded with
the property for the two lots involved.
2
"I
7. Other Plat issues: A signature line for the chair of the planning commission shall be added to the
final plat hard shells.
8. Neighborhood Concerns: There was a neighborhood meeting held to get comments and answer
questions before the project went to the Planning Commission. Their main comments centered
around the impacts to views and traffic access. There were some conditions of approval added
to address these concerns. This project has been reviewed and brought through the City process
the same as any similar project in the City would be.
City staff works very hard to balance development and concerns of all parties involved. The
City will not always be able to make all parties happy. There will be more and more
"NIMBY" (not in my back yard) scenarios as the City continues to develop. The City is
focusing on developing or redeveloping land within its existing City limits to reduce sprawl
and take advantage of existing services. The City needs a variety of land uses in the City to
continue offering a high level of service. It also needs a wide variety of housing for all
income and age levels that represent this community.
The main issue with this project and past controversial projects have focused around impacts
to views. The City does not have any ordinances protecting views. Unless you live next to
a park or you own the land around you, you have a "borrowed view" that you did not pay for.
The owner ofthat property also has a right to the view. This issue will come up again as
more vacant land in the City is developed.
9. Development agreement - The Developers shall enter into a development agreement with the
City of Hastings Documenting conditions of approval for the.Agustana Care Addition plat and
Site Plan. The Development agreement shall be signed prior to the City releasing the final plat
hard shells.
Planning Consideration: This is a large piece of vacant property located within the City. The
property is large enough to have appropriate setbacks between this high density apartment building
and the single family homes around it. There is a need for more senior housing in the City as
indicated in the City's Housing Plan. This need will continue to grow as the population ages.
Demand for vacant land over the next few years will also make it more difficult to do this type of
project. The City is dedicated to providing a variety of housing types in the City for all incomes and
age levels. The design and use of this project will fit in well with the single family homes around
it as the Agustana nursing home has. This project is located adjacent to the Agustana Nursing home
which will allow a connection to be made between the two which will benefit residents of both
facilities. This will allow easier transitions for people needing more care as they get 'older. The site
is well designed with g~od landscaping and an attractive building. It is unfortunate that some views
will be impacted, but the benefits of this proj ect far outweigh the negatives of it.
3
1 :
Planning Commission Recommendation: The Planning Commission recommended approval
of the Agustana Care Addition PrelimlFinal Plat at their 9/10/01 Planning Commission
meeting, subject to the conditions listed below.
Recommended Action:
Preliminary PlatlFinal Plat
Motion to recommend to the approval of the Augustana Care Addition Preliminary/Final Plat
subject to the following conditions:
1. That the final plat hard shells must be consistent with the approved fmal plat.
2. That Shared access and parking easements shall be prepared and recorded with the
property for the two lots involved.
3. That the Developer shall pay the required $310.00 per unit in interceptor sewer
charges. The interceptor sewer charge for this project totals $24,800.00 for 80 units.
The payment of the interceptor sewer fees shall be agreed to upon in the development
agreement.
4. That the Developer shall pay the required park dedication cash in lieu of land fee of
$850.00 per unit or $68,000.00 for 80 units. This park dedication fee total will be offset
by the cost of constructing the bike trails associated with this project. The total park
dedication fee shall be agreed to upon in the development agreement.
5. That the location and cost of the bike trails shall be agreed to upon in the development
agreement. The bike trails shall be constructed to City standards, subject to the
approval ofthe Public Works Director.
6. The developer shall plant landscaping elements according to the approved landscaping
plan. An escrow is required for any unplanted trees before occupancy is allowed.
7. The Developer shall enter into a development agreement with the City of Hastings
Documenting conditions of approval for the Agustana Care Addition Plat and Site
Plan. The Development agreement shall be signed prior to the City releasing the fmal
plat hard shells.
4
"
LM"D USE APPLICATION
CITY OF HA.STIN"GS
, 101 4th Street East, Hastings,:MN 55033
Phone (651)437.4127 Fax (65'1)427.7082 /I .1.. 1/ ./ IL J ·
nltgtl~lt1-;'l'-! t"fOfvtc::. or nciStir1j:s"
Address of Property Involved: 'V;:u:..tJMf LJ i\~+ .~:, 730 tV filS/- 1(;, 'M SrI Ho. s'h7'
Legal Description of Property Involved:
-' ~2f-ltt ./
I
Applicant:
Name
Address
Phone
Fax
Phone
Fax
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(1), - '333 ~ 73~3
Official Use Only
Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance #
Section
App. Com.
'S"5"3t:( {
Special Use:
Subdivision:
Vacation:
Other:
TOTAL:
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Request:
Rezone:
Comp Plan Amend:
Site Plan: *
Variance:
Description of Request (include site plan, survey, and/or plat if applicable):
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HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING THE AGUSTANACARE ADDITION PLAT
WHEREAS, The Agustana Care Corporation has requested approval of the Bohlkens 6th
Addition which proposed a subdivision of property to 8 single family lots.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
The Agustana Care Addition Final Plat is hereby approved subject to the following conditions:
1. That the final plat hard shells must be consistent with the approved final plat.
2. That Shared access and parking easements shall be prepared and recorded with the
property for the two lots involved.
3. That the Developer shall pay the required $310.00 per unit in interceptor sewer
charges. The interceptor sewer charge for this project totals $24,800.00 for 80 units.
The payment of the interceptor sewer fees shall be agreed to upon in the development
agreement.
4. That the Developer shall pay the required park dedication cash in lieu of land fee of
$850.00 per unit or $68,000.00 for 80 units. This park dedication fee total will be offset
by the cost of constructing the bike trails associated with this project. The total park
dedication fee shall be agreed to upon in the development agreement.
5. That the location and cost of the bike trails shall be agreed to upon in the development
agreement. The bike trails shall be constructed to City standards, subject to the
approval of the Public Works Director.
, -~
6. The developer shall plant landscaping elements according to the approved landscaping
plan. An escrow is required for any unplanted trees before occupancy is allowed.
7. The Developer. shall enter into a development agreement with the City of Hastings
Documenting conditions of approval for the Agustana Care Addition Plat and Site
Plan. The Development agreement shall be signed prior to the City releasing the fmal
plat hard shells.
Adopted by the Hastings City Council on September 17th, 2001 by the following vote:
Ayes:
Nays:
Absent:
MichaelD. Werner, Mayor
ATTEST:
Melanie Mesko, Administrative Assistant/City Clerk
(City Seal)
.1
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 September 17th, 2001, as
disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko, Administrative Assistant/City Clerk
( SEAL)
This instrument drafted by:
City of Hastings
101 4th ST.
Hastings, MN 55033
"
, '"
Memo
vm- C-5
To:
From:
Date:
Subject:
Mayor Werner and City Council
Matthew Weiland, City Planner
September 13,2001
1. Special Use Permit - Agustana Semi-Independent Residential Care Facility
2. Site Plan Review - Agustana Semi-Independent Residential Care Facility
Agustana Care Corporation has requested special use permit and site plan approval for a new semi-
independent residential care facility. The proposed senior housing project consists of a 3 story, 80
unit building, with underground parking and storage. This project is a hybrid between full assisted
living care and independent living. Residents ofthe project will contract for the specific care they
require as needed over time. The new building will be located on vacant property adjacent to the
existing Agustana nursing home. The existing property is proposed to be platted into two lots.
Special Use permit and site plan approval will be contingent upon the developer getting plat
approval for this property. The property proposed for development is 5.6 acres in size in size and is
located off of 16th St (site location map enclosed).
Included with this memo is a site location map', land use application, and site plan .
Background Information:
Comprehensive Plan Classification: The subj ect property is classified U - I (Urban Residential 1-4
residential units/acre). The proposed development density for the subdivision is @14 units per acre.
This density would only be allowed by special use permit.
Zoning Classification: The subject property is currently zoned R-l Low Density Residence. Semi-
Independent Residential care facilities are permitted in this zoning district by special use permit.
Surrounding Properties: The subject property is surrounded by single family homes to the east and
south, a ponding basin and Agustana Nursing Home to the West, and a church to the north.
Site Development Issues: The subject property is vacant that forms a hillside down to a city ponding
basin.
Special Use Pennit
Semi-Independent Residential Care facilities: The City's zoning ordinance permits semi-independent
residential care facilities in the R-1 zoning district as a special use, subject to the following
conditions.
1
'" .
SUBD. 3. USES BY SPECIAL PERMIT.
b. Residential care facilities - dependent and semi-independent subject to the following:
1. SeniorlDisabled Citizen Dwelling Unit - Semi - independent: A dwelling unit containing a
kitchen, bathroom, living and storage space, of not less than 350 square feet and specifically
designed for occupancy by no more than two individuals one of whom is at least 62 years of age
or disabled.
2. Accessory Uses: Barber/beauty shops and other services intended exclusively for the use and
convenience of residents of the principal use, provided that such accessory uses are accessible
only from the interior of the principal building, and have no signs or display relative thereto
visible from the outside of the principal building; Not more than ten (10%) percent of the gross
floor area of a principal building shall be devoted to these accessory uses.
3. Density: The maximum density shall be 3,000 square feet for each dwelling unit.
4. Requirements for Setbacks and Height:
i. Except when adjacent to R-l property, minimum setbacks are as follows:
Interior
Side Rear
R.O.W. Yard Yard
-
35'* 25'* 35'*
* Minimum distance to adjacent R-l property shall equal building height minus 30 feet plus 80
feet.
5. Required Roof Pitch: The roof shall have an angle of at least 15 percent.
6. Screening: Adequate screening shall be provided adjacent to residential care facilities,
accessory structures, parking lots, loading and unloading areas.
7. Lighting: Parking lot lighting and all other outside lighting shall be designed so as not to be
obtrusive to adjacent residential areas nor to passing motorists on public right-of-ways.
8. Community Facilities: Principal buildings shall provide recreational, service and meeting
facilities for the use and enjoyment of residents and guests. Such facilities shall comprise not
less than 1,250 square feet, or 15 square feet of floor area per senior/disabled resident citizen
dwelling unit. Such facilities shall be indoor space and shall be conditioned for year round
occupancy. Outdoor areas, laundry facilities, storage areas, mechanical rooms, hallways, foyers,
offices, circulation space, and other similar areas shall not be included to satisfy this
requirement.
Special Use Permit Requirements: The project is meeting the minimum requirements for semi-
independent residential care facilities. The project density is at 3000 sq ft per unit and the
minimum setbacks have all been met.
2
"I,
Site Plan.
1. Site Access: Access to the subject property will be provided from 16th St where it intersects
Pine St. This is the main entrance for the existing nursing home. Both housing projects will
share this one access point. City staffbelieves one access is appropriate for this site as long
as there is a secondary emergency access. The average age of the residents of the new
building is projected to be 70 years old. The building will generate more traffic in the form
of daily trips and visitors, but not to the extent that a non-senior apartment building does.
A bike trail will also be constructed from 15th St to 19th St, with a connection to the subject
property, as part ofthe development process (see attached concept plan). This bike trail will
serve as a secondary emergency access to the property. This has been approved by the Fire
Marshall.
2. Site Grading & Storm Water Management: This site has been graded to drain appropriately.
There are catch basins and storm sewers proposed to out-let at the bottom of the storm
water pond. There is enough capacity in the storm water pond to handle the runoff from the
property. The Public Works Director has the following comments.
o Manholes should be placed in the emergency access trail for the main storm sewer line.
3. Access Easements: Shared access and parking easements shall be prepared and recorded with
the property for the two lots involved.
4. Proposed Uses and Lot Layout: The proposed uses for the site are appropriate. The building
is located to take advantage of both the view and the grade in the area. The building's unique
shape and design allows the large building to appear smaller. The location ofthe building
also will allow a tunnel connection to the existing nursing home.
5. Zoning Setback requirements: Proposed parking areas and the buildings on the site all meet
zoning setbacks. The 3 story building is 87.89 feet from the eastern property line at its closet
point.
6. Utilities: The Public Works Director has reviewed the grading and utility plans and has
approved them with the following comment:
1. The developer should have separate water meters and water lines installed for all
irrigation systems.
7. Number of Parking Spaces: The Zoning Ordinance requires at least 1 parking space for every
two units of housing in the building, which would require 40 parking spaces for this 80 unit
building. There are 50 underground parking spaces provided underneath the proposed
3
building. This building will also share a parking lot and access with the nursing home. The
existing parking lot will be enlarged and will have 123 above ground parking spaces. It is
very important to have adequate parking on this site for employees and guest parking of the
nursing home and the proposed project. Staff would suggest an alternative-parking plan that
would incorporate more green space. The suggested changes include the elimination of
parking spaces on the south east side of the building or parking spaces along the eastern
property line and the creation of a 45 degree angle parking lot on the north side of the
property. More parking islands should also be added to direct safe traffic. (parking plan
enclosed).
8. Traffic Circulation Issues: The northern parking lot should be redesigned as a one-way
parking lot with 45 degree parking. The existing parking lot island should also be extended
to the east. These changes will allow for safer and more efficient traffic circulation.
9. Traffic Issues: There will no traffic issues within the site and Pine St is well designed to
handle the amount of traffic associated with the higher density housing of this project.
10. Trail Connections: This project will add a bike trail connection between 15th St and 19th
St around the ponding basin. There will also be a trail connection to Louis lane from that
trail and a trail connection to the proposed project. This trail shall be 10ft in width and shall
be built to City Standards. The location and design of the trail shall be approved by the
Public Works Director.
11. Lighting: Any building lighting will have to have to be focused down with cut off shields.
12. Site Landscaping: The proposed landscape plan includes large amount and a wide
spectrum of different trees and shrubs. There are also a significant amount of mature trees
on the site which the developer are proposing to save. The Landscape plan compliments the
site and the buildings but should be modified to better buffer the parking areas and the
building from the single family homes. This buffer will diffuse sound and provide a visual
buffer. The landscape plan shall be modified as follows:
1. A 3 ft berm with planting should be installed behind the eastern parking lot to buffer
headlights from the residential homes.
2. A 3 ft hedge should be installed along the northern parking lot to diffuse headlights.
3. The black hills spruce identified on the plan should be increased in size to a combination
of 6 - 8 ft tall trees.
4. An additional row of 6-8 ft tall coniferous trees should be planted along the eastern
property line every 15 - 20 ft.
5. That any parking spaces eliminated shall be replaced with a combination of trees and sod.
10. Building Architectural Elevations and ground elevations The building is well designed
and very residential in nature. It will compliment the buildings in the area. Staff would
4
...
recommend that the masonry wainscoting at the bottom of the building should be constructed
of brick rather than colored block. This will enhance the building and make it more
residential than institutional.
11. Fire Safety Issues: A secondary emergency 10 ft access trail shall be constructed and
connecting to the proposed bike trail between 15th St. and 19th St.
12. Neighborhood Concerns: There was a neighborhood meeting held to get comments and
answer questions before the project went to the Planning Commission. Their main comments
centered around the impacts to views and traffic access. There were some conditions of
approval added to address these concerns. This project has been reviewed and brought through
the City process the same as any similar project in the City would be.
City staff works very hard to balance development and concerns of all parties involved.
The City will not always be able to make all parties happy. There will be more and more
"NIMBY" (not in my back yard) scenarios as the City continues to develop. The City is
focusing on developing or redeveloping land within its existing City limits to reduce
sprawl and take advantage of existing services. The City nee~s a variety ofland uses in
the City to continue offering a high level of service. It also needs a wide variety of
housing for all income and age levels that represent this community.
The main issue with this project and past controversial projects have focused around
impacts to views. The City does not have any ordinances protecting views. Unless you
live next to a park or you own the land around you, you have a "borrowed view" that you
did not pay for. The owner of that property also has a right to the view. This issue will
come up again as more vacant land in the City is developed.
13. Development agreement - The Developers shall enter into a development agreement with
the City of Hastings Documenting conditions of approval for the Agustana Care Addition
plat and Site Plan. The Development agreement shall be signed prior to the City releasing
the final plat hard shells.
Planning Consideration: This is a large piece of vacant property located within the City. The
property is large enough to have appropriate setbacks between this high density apartment building
and the single family homes around it. There is a need for more senior housing in the City as
indicated in the City's Housing Plan. This need will continue to grow as the population ages.
Demand for vacant land over the next few years will also make it more difficult to do this type of
project. The City is dedicated to providing a variety of housing types in the City for all incomes and
age levels. The design and use of this project will fit in well with the single family homes around
it as the Agustana nursing home has. This project is located adjacent to the Agustana Nursing home
which will allow a connection to be made between the two which will benefit residents of both
facilities. This will allow easier transitions for people needing more care as they get older. The site
5
is well designed with good landscaping and an attractive building. It is unfortunate that some views
will be impacted, but the benefits of this project far outweigh the negatives of it.
There are two separate planning commission actions.
Special Use Permit Recommended Action:
Motion to Recommend the approval of the Agustana Special Use Permit subject to
following:
1. That the proposed structure and accessory items including, but not limited to, the parking lot
and landscaping shall be completed pursuant to the approved site plan. Upon request for
occupancy of the building, all uncompleted items contained within the site plan shall be
addressed pursuant to city code escrow requirements.
2. That a secondary emergency 10 ft access trail shall be constructed and connecting to the
proposed bike trail between 15th St. and 19th St. The location of the trail shall be subject to the
approval of the Fire Marshall and Public works director.
3. That the developer modify the landscape plan to include the following elements subject to
approval of the City Planner: .
1. A 3 ft berm with planting should be installed behind the eastern parking lot to buffer
headlights from the residential homes.
2. A 3 ft hedge should be installed along the northern parking lot to diffuse headlights.
3. The black hills spruce identified on the plan should be increased in size to a combination
of 6 - 8 ft tall trees.
4. An additional row of 6-8 ft tall coniferous trees should be planted along the eastern
property line every 15 - 20 ft.
5. That any parking spaces eliminated shall be replaced with a combination of trees and sod.
Site Plan Recommended Action:
Motion to Recommend to the approval of the Agustana Semi Independent Residential Site
Plan subject to following:
1. That the proposed structure and accessory items including, but not limited to, the parking
lot and landscaping shall be completed pursuant to the approved site plan. Upon request
for occupancy of the building, all uncompleted items contained within the site plan shall be
addressed pursuant to city code escrow requirements.
2. That site plan approval is contingent upon the developer platting the property and getting
6
"',
special use permit approval.
3, That manholes should be placed adjacent to the emergency access trail for the main storm
sewer line.
4. That shared access and parking easements shall be prepared and recorded with the property
for the two lots involved.
5. That the developer shall install separate water meters and water lines installed for all
irrigation systems.
6. . That the parking lot be modified according to the proposed parking layout prepared by staff.
7. That the developer modify the landscape plan to include the following elements subject to
approval of the City Planner:
1. A 3 ft berm with planting should be installed behind the eastern parking lot to buffer
headlights from the residential homes.
2. A 3 ft hedge should be installed along the northern parking lot to diffuse headlights.
3. The black hills spruce identified on the plan should be increased in size to a combination
of 6 - 8 ft tall trees.
4. An additional row of 6-8 ft tall coniferous trees should be planted along the eastern
property line every 15 - 20 ft.
5. That any parking spaces eliminated shall be replaced with a combination of trees and sod.
8. That the masonry wainscoting at the bottom of the building should be constructed of brick
rather than colored block.
9. That a secondary emergency 10ft access trail shall be constructed and connecting to the
proposed bike trail between 15th St. and 19th St. The location of the trail shall be subject to
the approval of the Fire Marshall and Public works director.
7
LA1~l) USE APPLICATION
CITY OF HASTJNGS
, 101 4th Street East, Hastings,:LvrN 55033
Phone (651)437.4127 Fax (65'1)427.7082 A .1 /1 / ;L J ·
"gu ~ 1 'WI f! tit.' I~ c::. 0 r r1CiS 11 "~:s'
Address of Property Involved: \!;:A.ctJMf LJ n.ex;-t .Iv:. 730 Wes'/- 10 'M SrI Hfi.s.f;'7'
Legal Description of Property Involved:
L ~8-1tt ~J
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Applicant:
Name
Address
Phone
FaX
A "'3us.faYli4 LDa.....e ctv 0 .
, jtJo'7 ~sf 14.ft ~r
Mf(s /!I/)
b /2 - 33 j-- I SS-l )( ;z.co
61'"). - '333 ~ 732--3
Official Use Only
Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance #
Section
ADD. Com.
,~(If di[fer~nt ~o~ App'pcant): KeJ'~eSel>tfa:f1',.Ie)
Name Cr.~ I) Ats/lDk'.1e. &-f A-Lt~ ILl;; ta1f'l4.
Address USCG LJil{oltJdbr-ool( Dv ' "
. f)J4u }':'i.~J IAN '$"5'3'9 {
iC,3 ,.. 47?-''''t4
7bJf.-"{73'-utf91
Request:
Rezone:
Comp Plan Amend:
Site Plan: ,*
Variance:
Phone
Fax
Special Use:
Subdivision:
Vacation:
Other:
TOTAL:
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Description ofReque,st (include site plan, survey, and/or plat if applicable):
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Signature of Applicant Date
C....Qo\"'7.pttet~~ - c.~o
Applicant Name and Title - Please Print
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Signa e of Owner Date
. 4 /4ti-~~.. efT)
wner Name - Please Print
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Dakota Summit
Page 9
2. 10ft drainage and utility easements shall be added to the north and south side
ofthe North Frontage Rd Right of Way
17. That the following Sidewalk and Trail Easements shall be prepared as part of the fi.lal
plat.
1. / 10ft sidewalk/trail easements shall be prepai'ed'tor the north and south side
ofthe North Frontage Rd Right of Way.
2. 10ft Trail easements shall be prepared for the bike trail long the easten,
property line, where the bike trail is located out ofthe public right of way.
18. That the final plat shall be modified to include 14 ft of additional platted General
Sieben Dr right of way for a total of 80 ft of right...:reway.
19. That no retail development on the Dakota Summit property will be allowed to open
to the public, until the General Sieben Dr road improvements have been constructed.
20. That the cost for the General Sieben Dr road improvements shall be agreed to in the
development agreement.
21. That the timing, cost share and design of future traffic signals for this project shall be agreed
to in a development agreement. Wal-Wart is requested to pay for the cost ofthe signal.
22. That the developer shall address Dakota County's concerns about the geology ofthe
property, prior to the City issuing grading permits.
23. That the gas station shall obtain a special use permit as part ofthe site plan approval
for the gas station.
24. That the Developer shall be required to replat outlots before they may be
developed
2~. That the Developer shall enter into a Development Agreement with the City to
memorialize conditions of preliminary plat approval and that the executed
A~reement shall be recorded against the subject property prior to issuance of
an brrading and/or building permits.
Master Plan
Motion to Recommend appl'oval of the Dakota Summit Master Plan, subject to following:
Dakota Summit
Page 10
1. Future uses proposed on the site shall be consistent with the Master Plan layout.
2. That the applicant will have to submit detailed architectural building elevations with each
site plan. Building elevations shall compliment and be constructed of similar materials as
the principle retail building on the site.
3. Landscaping plans shall, be similar and compliment the principle site
4. Detailed site plans shall be submitted for each phase ofthe project.
5. That the proposed structure and accessory items including, but not limited to, the parking lot
and landscaping shall be completed pursuant to the approved site plan. Upon request for
occupancy of the building, all uncompleted items contained within the site plan shall be
addressed pursuant to city code escrow requirements~,.,
VllI-C-7
MEMORANDUM
TO: Mayor Werner and City Council
FROM: Kris Jenson, Associate Planner
DATE: 09/11/01
SUBJECT: Final Plat - Bohlken's 6th Addition
The Bohlken Estates Partnership is requesting approval of a fmal plat named Bohlkens 6th Addition. This plat
involves the development of 8 single family homes and is the continuation ofBohlkens 6th Addition Preliminary
Plat. Attached to this memo is the fmal plat, and a site location map.
Background Information:
1. Zoning: R-2 Medium Density Residence. The proposed lots meet the minimum lot size requirements
for this district.
2. Comprehensive Plan Designation: U-I Urban Residential. Single Family homes are a consistent use
with this Comprehensive Plan designation. The average density of the development is 2-3 units per
acres which is also consistent with the land use designation.
3. Existing Conditions: The subject property is currently undeveloped.
4. Proposed Conditions: The submitted plans shows 8 Single Family Home lots.
5. Preliminary Plat: The Preliminary Plat was approved earlier this year by the Planning Commission
and City Council.
6. Adiacent Properties: The area to the east and south are developed with single family homes. The land
to the west is guided for residential development, and the land to the north is a part of the Vermillion
River Floodway.
7. Public Land Dedication: The developer has met park land dedication through the land dedication of
Cannon Park.
8. Interceptor Sewer Charges: The applicant will be required to pay an interceptor sewer charge
of $305.00 per single family lot.
9. Grading, Streets, and Utilities: City Staff and the Public Works Division have reviewed the submitted
plans and have approved them. The City constructed the street and utilities this summer as a part of
the summer construction project.
10. Trees: The developer shali plant street trees per the required tree plan and one front yard tree per lot.
These trees shall be at least two .inches in diameter at the base and the species of the tree should be on
the list of approved trees Created by the City Forester. This requirement is consistent with what the
City has been requiring in other areas.
11. Planning Issues: A condition of approval of the Preliminary Plat was the addition of a trail connection
to the Vermillion River trail which runs just north of this property. A 20' trail easement has been added
along the west side of Lot 1, Block 1.
12. Final Plat: Staff has just one revision for the Final Plat, under the setbacks stated for the R-2 zoning
district. The Building Setbacks state that the garage side of a home may be setback 5 feet from the
property line. Current City Code requires a 7 foot sideyard setback in the R-2 district, and this plat
should reflect as such.
Planning Commission Action: This item was reviewed at the Sept 10th meeting, and was unanimously
recommended for approval by the Planning Commission.
Action Requested:
A motion t6 recommend approval ofthe final plat, subject to the following conditions:
1. The final plat hard shells must be consistent with the approved final plat.
2. The developer shall pay $2,440.00 in interceptor sewer charges prior to the City signing any
final plat.
3. That the developer modify the Final Plat to reflect the required 7' sideyard setback in the R-2 District.
4. The developer shall submit a tree plan showing street trees planted every 50', as well as planting one
front yard tree per lot. These trees shall be at least two inches in diameter at the base and the species
of the tree should be on the list of approved trees created by the City Forester. An escrow is required
for any unplanted trees before occupancy of any units without trees is allowed.
cc: Bohlkens Partnership
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING THE BOHLKENS 6TH ADDITION PLAT
WHEREAS, Bohlken's Partnership has requested approval of the Bohlkens 6th Addition
which proposed a subdivision of property to 8 single family lots.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
The Bohlkens ~ Addition Final Plat is hereby approved subject to the following conditions:
1. The final plat hard shells must be consistent with the approved final plat.
2. The developer shall pay $2,440.00 in interceptor sewer charges prior to the City signing
any final plat.
3. That the developer modify the Final Plat to reflect the required 7' sideyard setback on
the R-2 District.
4. The developer shall submit a tree plan showing street trees planted every 50', as well
as planting one front yard tree per lot. These trees shall be at least two inches in
diameter at the base and the species of the tree should be on the fist of approved trees
created by the City Forester. An escrow is required for any unplanted trees before
occupancy of any units without trees is allowed.
Adopted by the Hastings City Council on September 1 'J'h, 2001 by the following vote:
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko, Administrative Assistant/City Clerk
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Memo
VTII- C-8
To:
Mayor Werner and City Council
From:
Matthew Weiland, City Planning Director
Subject:
Site Plan - Forpack, INC.
Date:
September 13, 2001
CC:
Forpack
Forpack, INC has made application and requested site plan approval for a new business to be
located in the industrial park. The lot is legally described as Lot 2, Block 2, Hastings Industrial Park
No.6. The City Council recommended approval for the land sale and land credit program and their
9/4/01 City Council Meeting, based on several conditions. One of the conditions of the land sale and
land credit program'is the approval of a final site plan.
Included with this memo are the following: Site Plan and a Site Location Map.
Background Information~
, '
, r
1. Comprehensive Plan DesigIiation: The subject property is guided Industrial in the
Comprehensive Plan. The warehouse/office development proposed is a consistent and
permitted use for this land use desigIiation.
2. Zoning: The property is currently zoned 1-1 Industrial Park. Office, manufacturing, and
warehousing uses are a permitted use in this zoning district.
'r
3. Existing Conditions: The property is currently, undeveloped. ,
4. Proposed Conditions: The applicant is proposing to construct an 8,000 sq ft building. The
applicant's business builds, designs, and installs stacking equipment for the food industry.
The applicant would use the building for manufacturing and office space.
5. Adjacent Land Uses: The Hastings Industrial Park surrounds this property with only one
business currently located to the east.
Page 2
Site Plan
Proposed Uses and Lot Layout: The building and parking lot are laid out in a rational manner.
Site Access: The access for the site will be off of Commerce Dr.
Zoning Setback requirements: Proposed parking areas are in compliance with zoning ordinance
parking lot setback requirements,
Building Setbacks: The building setbacks are determined through site plan review for this zoning
district. The setbacks are appropriate based on this building and other buildings in the area. It is the
opinion of Staff that the proposed building is rationally sited relative to the parking lots and the site
itself.
Number of Parking Spaces: The site plan is indicating that the minimum parking requirements for
this site can be met. The site plan indicates that future parking could be added if necessary based
onjob growth.
Sanitary, Water, Storm Sewer and Grading Plans: The site plan has to be modified to illustrate the
size, location, and elevation of the water and sewer lines. There are water and sewer lines stubbed
into the property. A separate water meter should also be installed for irrigation.
Site Landscaping: The landscaping or the project meets the minimum requirements of the Industrial
Park.
Site Plan Issues: The proposed development is meeting the minimum standards of the design
guidelines for the Industrial Park. Some of these features include curbed parking lots, improved
landscaping, and improved building design.
Building Elevations: The building elevations are meeting the minimum standards design guidelines
for the Industrial Park. The building will have a brick facing on the front of the building. It will
look similar to the Miller Electric building on Industrial Ct.
Industrial Park Board Recommendation: The Industrial Park Board recommended approval
of the site plan for Forpack.
Page 3
Recommended Action:
Site Plan
Motion to Recommend the approval of the Forpack, INC. Site Plan subject to following:
1. That the proposed structure and accessory items including, but not limited to, the
parking lot and landscaping shall be completed pursuant to the approved site plan.
Upon request for occupancy of the building, all uncompleted items contained within
the site plan shall be addressed pursuant to city code escrow requirements.
2. That the site plan shall be modified to illustrate the size, location, and elevation of
the water and sewer lines.
3. That a separate water meter should be installed for any proposed irrigation systems.
.
III.
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Memo
VIII- C-9
To:
Mayor Werner and City Council
From:
Matthew Weiland, City Planning Director
Subject:
Site Plan - Hastings Gymnastic Center
Date:
September 13, 2001
cc:
Hastings Gymnastic Center
Hastings Gymnastic Center has made application and requested site plan approval for a new
business to be located in the industrial park. The lot is legally described as Lot 2, Block 2, Hastings
Industrial Park No.6. The City Council recommended approval for the land sale and land credit
program and their 9/4/01 City Council Meeting, based on several conditions. One of the conditions
of the land sale and land credit program is the approval of a final site plan.
Included with this memo are the following: Site Plan and a Site Location Map.
Background Information:,
. ,
i ~~ d
1. Comprehensive Plan Designation: :Thesubject property is guided Industrial in the
Comprehensive Plan. The warehouse/office development proposed is a consistent and
permitted use for this land use designation.
2. ZOning: The property is currently zoned 1-1 Industrial Park. Retail and service uses are
permitted by special use. A special use permit for this project was approved by the City
Council at their 8/20/0 I meeting I' il'; ." I. :' ,
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3. Existing Conditions: The property ,is currently undeveloped.
. i ; i
4. Proposed Conditions: The applicant is pn?posing to construct an 10,000 sq ft building. The
applicant is moving his existing gymnastics academy to this location.
5. Adjacent Land Uses: The Hastings Industrial Park surrounds this property with Greenlawn
Underground sprinklers located north ofthis property (site location map enclosed).
"
Page 2
Site Plan
Proposed Uses and Lot Layout: The building and parking lot are laid out in a rational manner.
Site Access: The access for the site will be off of Millard Ave.
Zoning Setback requirements: Proposed parking areas are in compliance with zoning ordinance
parking lot setback requirements,
Building Setbacks: The building setbacks are determined through site plan review for this zoning
district. The setbacks are appropriate based on the this building and other buildings in the area. It
is the opinion of Staff that the proposed building is rationally sited relative to the parking lots and
the site itself.
Number of Parking Spaces: Parking was a concern for this project based on potential large events.
Parking needs and usage were discussed with the applicant as part of the site plan review process.
The site plan is indicating 46 proposed parking spaces, which the applicant feels will adequately
address future parking concerns. The applicant indicated that during the majority of business days
the parking lot will have between 8 - 15 cars. Special meets, which are held a few times a year, could
be adequately handled by the existing parking and parking lots in the area. The applicant is making
arrangement with the business owners of parking lots in the area. The site plan indicates that future
parking could be added if necessary. Based on conversations with the applicant, City Staff would
recommend that the proposed parking will address existing parking concerns, with the condition that
more parking may be required in the future based on demand.
Sanitary, Water, Storm Sewer and Grading Plans: The site plan has to be modified to illustrate the
size, location, and elevation of the water and sewer lines. There are water and sewer lines stubbed
into the property. A separate water meter should also be installed for irrigation.
Site Landscaping: The landscaping or the project includes foundation plantings. Trees should also
be added every 50 ft along Millard Ave.
Site Plan Issues: The proposed development is meeting the minimum standards of the design
guidelines for the Industrial Park. Some of these features include curbed parking lots, improved
landscaping, and improved building design. .
Building Elevations: The building elevations are meeting the minimum standards design guidelines
for the Industrial Park.
Industrial Park Board Recommendation: The Industrial Park Board recommended approval
of the site plan for the Hastings Gymnastic Center.
Page 3
Recommended Action:
Site Plan
Motion to Recommend to the approval of the Hastings Gymnastic Center Site Plan, subject
to following:
1. That the proposed structure and accessory items including, but not limited to, the
parking lot and landscaping shall be completed pursuant to the approved site plan.
Upon request for occupancy of the building, all uncompleted items contained within
the site plan shall be addressed pursuant to city code escrow requirements.
2. That the site plan shall be modified to illustrate the size, location, and elevation of
the water and sewer lines.
3. That the site plan shall be modified to illustrate trees are added every 50 ft along
Millard Ave.
4., That a separate water meter should be installed for any proposed irrigation systems.
5. That more on-site parking may be required in the future to accommodate larger meets
or events.
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Memo
VIU-C-IO
To:
Mayor Werner and City Council
From:
Matthew Weiland, City Planning Director
Subject:
Wal-Mart Traffic Study
Date:
September 13,2001
Enclosed is a traffic study proposal from SRFConsulting. I also requested a traffic study proposal
from SEH Consulting that may be available for the City Council Meeting Monday night. This is a
comprehensive traffic study proposal for all traffic in the area and includes analysis beyond the
impacts or control of the Wal-Mart project. This traffic study proposal could be modified to include
more or less information than is proposed.
09/13/2001 10:22 FAX 7634752429
SRF CONSULTING GROUP
141 002/004
M CONSULTING
GROUP,
I N c_
Transportation. Civil. Structural- Environmental · Planning. Traffic. Landscape Architecture. Parking
September 13, 2001
P01157
Mr. Matthew Weiland
City Planning Dire~tor
CITY OF HASTINGS
lOr-4th Street East
Hastings, MN 55033-1955
Dear Mr. Weiland:
SUBJECT: PROPOSAL/SCOPE OF SERVICES FOR A TRAFFIC STUDY OF A
PROPOSED W AL-MART DEVELOPMENT
HIGHWAY 55 AND GENERAL SIEBEN DRIVE INHASTlNGS, MINNESOTA
Based on your request, we are pleased to submit this proposal for professional traffic engineering
services in connection with the development proposed for the subject study area in Hastings,
Minnesota.
SCOPE OF SERVICES
In order to provide a comprehensive and effective analysis for this project, we see the need to
complete the following work tasks:
1. Meet with City staff to discuss and review the proposed new land use and 8 Hours
development concept plan, and specific traffic impact issues to include:
. Traffic operations in the study area, specifically along General Sieben Drive
between Highway 55 and Featherstone Road.
. Evaluation ofthe Benshoof traffic study for the Wal-Mart proposal.
. Peak period trip generation and distribution based on operating hours.
. Traffic volumes associated with the High School and Dakota County
Government Center for peak periods based on operating hours.
. Study area development-generated traffic operations impacts (intersection
capacity/levels of service, intersection geometrics, lane use and traffic
control strategies) at the study area key intersections.
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443
Telephone (763) 475-0010 . Fax (763) 475-2429 . http://www.srfconsulting.com
An Equal Opportunity Employer
09/13/2001 10:2~ FAX 7634752429
SRF CUNSULTlNli li1<UUl'
~UUJ/UU4
Mr. Matthew Weiland
-2-
September 13, 2001
2. New traffic counts will need to be completed at up to four study area key 32 Hours
intersections from 6:00 to 9:00 a.m. and 2:00 to 6:00 p.m. These new counts
will include morning and afternoon activity for the High School and County
Government Center. Compile available traffic volume data to include average
daily plus a.m. and p.m. peak hour intersection turning movement volumes at
the study area key intersections.
3. Estimate the new trips that will be generated for weekday a.m. and p.m. peak 4 Hours
periods and on a daily basis by the proposed development.
4. Estimate the directional trip distribution for trips between the subject study 4 Hours
area and the supporting roadway system.
5. Complete an assignment of the subject study area-generated trips to the 16 Hours
existing and future roadway system and develop weekday peak period traffic
movements for both short-term (year 2005) and long-term (year 2025) forecast
horizons.
6. Based on the site-generated and background traffic forecasts, plus a forecast 16 Hours
scenario of the background-traffie-only, analyze the capacity of the study area
key intersections to accommodate traffic from the proposed development in
peak hour periods for both short- and long-range horizons for build and no-
build development scenarios.
7. Review the site access and internal roadway system, as well as any other 8 Hours
related internal circulation or study area-specific traffic issues. A site visit is
also included in this task.
8. Prepare a draft report describing the results of the traffic analysis, identified 16 Hours
traffic impacts, mitigating actions and recommended traffic control and
roadway system improvements and design guidelines.
9. Meet with the City staff to review the preliminary draft and make appropriate 8 Hours
revisions. Prepare the fmal report and make 20 copies.
10. Prepare for and attend one City Council meeting to present the findings, 8 Hours
conclusions and recommendations of the traffic study.
Total 120 Hours
BUDGET
We estimate that the cost to perform these services would not exceed $12,000. We are prepared to
proceed with this study at your direction and estimate completion of the draft traffic study report
within four weeks after receiving your authorization to proceed.
09/13/2001 10:22 FAX 7634752429
SR~ CUNSULTING GKUUP
l{fJ UU4/UU4
Mr. Matthew Weiland
-3-
September 13, 2001
BASIS OF PAYMENT
We propose to be reimbursed for our services on an hourly basis for actual time expended. Other
direct project expenses, such as printing, supplies, reproduction, etc. would be reimbursed at cost,
and mileage would be reimbursed at the current allowable IRS-rate for business miles.
Invoices are submitted on a monthly basis for work performed during the previous month.
Payment is due within 30 days.
CHANGES IN SCOPE OF SERVICES
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out-of-scope work is initiated, however, we will submit a budget request for the new
work and will not begin work until we receive authorization from you. '
NOTICE TO PROCEED
A signed copy of this proposal, either mailed or faxed to our office, will serve as our notice to
proceed. Our fax number is 763-475-2429.
We sincerely appreciate your consideration of this proposal and look forward to working with you
on this project. Please feel free to contact Jeff Bednar or me if additional information regarding
this proposal is required.
Sincerely,
APPROVED:
SRF CONSULTING GROUP, INc.
O~ I! c7
Dennis R. Eyler, P.E.
Vice President - Traffic Engineering
(signature)
Name
Title
Date
DRE/jal
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposaL
.
..
"
Memo
vm-C-ll
To:
Mayor Werner and City Council
From:
Matthew Weiland, Planning Director
Subject:
Preliminary Plat/Master Site Plan -Dakota Summit
Date:
August 29, 2001
CC:
Conzemius Dairy Farm
Note: This item was tabled at the 8/20/01, 9/4/01, and 9/10/01 City Council meetings.
The City Council must act on the plat at the 9/17/01 City Council meeting as required by state
law. The action may be to approve, deny with imdings of fact, or request a written extension
from the applicant. The developers have since submitted a revised imal plat addressing staff
and Planning Commission conditions. The final plat should be reviewed concurrently with the
preliminary plat.
Conzemius Dairy Farm has made application and requested preliminary plat approval and Master
Plan approval for 29 acres of property located northwest oft!1e intersection ofHWY 55 and General
Sieben Dr. A site location map is included in this memo. The preliminary plat proposes to divide
this property into 2 commercial lots and one Outlot. This proposed development would include a
149,551 sq ft Wal-Mart retail store with a future expansion space of63,000 sq ft, a gas station, and
4 retail outlots totaling another possible 140,000 sq ft of retail space. This project may add a total
of 253,350 sq ft of retail space to the City. A Master Plan is being reviewed as part of the
preliminary plat review due to the size ofthis project. The Master Plan gives a broad perspective
of how the property could ultimately be developed. It identifies possible future uses as well as lot
layout, traffic access and circulation, and parking. The Master Plan will be used as a guide for future
site plan approvals. The Master Plan only grants concept plan approval. The Developer will still be
required to submit detailed site plans for every' phase of the development. Conditions may be
attached to the Master Plan approval that will'guide future development of the property.
Included with this memo are the following: Master Plan, Preliminary Plat, Land Use Application
form, and a Site Location Map.
Back2round Information:
".~:...
This is a large project with numerous issues to discuss. The City has already spent a lot of time
meeting with the Developers ,and reviewing the project. Many recommendations and changes to the
project have already been made prior to this meeting. This memo will outline and highlight the main
issues and concerns surrounding approval of this project.
Dakota Summit
Page 2
Background Information
Comprehensive Plan Classification: The subject property is classified as Commercial in the City's
2020 Comprehensive Plan.
Zonin2 Classification: The subject property has been re-zoned to C-4 Regional Shopping Center.
The proposed development would be a permitted use in this district.
Surroundin2 Properties: The new Hastings High School is being built north of this property, the
Dakota County Government Center is located east of the property, vacant farm land is located to the
west, and HWY 55 is located to the south.
Preliminary Plat AQProval
Subdivision Ordinance Requirements: The submittal provided for the Dakota Summit Subdivision
meets subdivision ordinance requirements for a preliminary plat submittal. The applicant is
currently proposing to plat the property into 2 lots and one outlot.
1.
Hi2h School Plat: The Hastings High School Plat shall be recorded before this plat
is recorded. Approval of this preliminary plat is contingent upon the recording of the
High School Plat.
2.
Streets and Access: The main access to the property will be from General Seiben Dr.
This access will be built as an extension ofthe North frontage through the property
from General Sieben Dr to the western property line. There will be sidewalks
constructed on both sides of the street. This road shall be platted as a 40 ft public
right of way. This road will allow future access to the west of this property. It is
anticipated that the Developer will design, fmance and construct this road privately.
This should be memorialized in a development agreement between the
Developer and City which should be recorded against the subject property.
There will also be two separate accesses to 4th St W. All private drives through the
project will be privately built and maintained.
3.
Site Grading & Storm Water Mana2ement: The stormwater plan has been
reviewed and approved by the Public Works Director with the following comments:
Dakota Summit
Page 3
3.
4.
5.
6.
7.
1. The stormwater plan shall be reviewed by BARR Engineering and
any BARR Engineering comments shall be incorporated into the
stormwater plan.
2. The Developer shall be responsible for the costs of the BARR
Engineering stormwater plan review.
3. The storm water pond shall be sealed and the slopes of the pond shall
not exceed 5 to 1 slopes.
4. If the developer fences the pond, the fence shall be a decorative fence,
subject to the approval of the City Planner.
5. The developer shall provide documentation that common open space
and ponding basins shall be privately maintained by a development
association and not the city.
Utilities: The Public Works Director has reviewed the utility plans and has approved
them with the following comment:
1. A ftre hydrant shall be placed within 50 ft of the "Y" connection on
the rear of the building.
Public Land Dedication/Sidewalk Trails: The Park land dedication for this
development is $1,500 per acre. This amounts to $ 43,500 for the 29 acres. The park
dedication shall be paid prior to the release of the ftnal plat hard shells.
Interceptor Sewer Fee: Per City Ordinance, a condition of this plat approval shall
be that the applicant shall pay 6 interceptor sewer charges per developable acre at a
rate of $31 0.00 per sewer interceptor charge. The sewer interceptor fee amounts to
$53,940.00 for the 29 acres. This fee shall be paid at time offtnal platting.
Drainage and Utility Easements: Drainage and Utility easements on the ftnal plat
shall be modifted as follows:
1. The drainage and utility easement along the southern property line of
outlot A shall be increased 20 ft.
2. 10ft drainage and utility easements shall be added to the north and
south side ofthe North Frontage Rd Right of Way.
Sidewalk and Trail Easements: The following Sidewalk and Trail Easements shall
be prepared as part ofthe ftnal plat.
Dakota Summit
Page 4
1. 10ft sidewalk/trail easements shall be prepared for the north and
south side ofthe North Frontage Rd Right of Way.
2. 10ft Trail easements shall be prepared for the bike trail long the
eastern property line, where the bike trail is located out ofthe public
right of way.
8.
Road Improvements: The City had planned on resurfacing General Sieben Dr this
year (2001) and adding bike trails to both sides of the street. The City has decided
to postpone the road construction until next summer (2002), based on the impacts
of the new retail development. The new retail development will involve a major road
reconstruction with the addition of turn lanes. The additional right of way (14 ft)
needed for the road improvements will come form the Dakota Summit Plat. This
additional right of way shall be identified on the final plat as General Sieben Dr right
of way. No retail development on the Dakota Summit property will be allowed to
open to the public, until the road improvements have been constructed. The cost for
the new road improvements shall be agreed to in the development agreement. A
bike trail may still be constructed on the eastern side of the road this year (2001), if
trail easements can be obtained form Dakota County.
9.
Traffic Issues: Traffic is a major concern forfhis project. A traffic study was done
as part of EA W for this project (enclosed). The traffic study outlined
recommendations for traffic control in this area as the project is developed. The main
traffic issue is for people leaving the Dakota County Government Center. People
will have a difficult time taking a left turn south to Hwy 55. This movement fails
after the first phase of development. Over time, people will learn to use the other exit
north of the main access to go left. The traffic study did recommend an all-way stop
for this intersection, but the City and County do not agree with this recommendation.
This could create major peak hour traf~c problems. The intersection would meet
warrants for a traffic signal at full development, but this also presents issues for peak
hour travel. The City is currently working with the County to resolve this traffic
Issue.
The intersection of General Sieben Dr and HWY 55 continues to operate at a level
of service "c" or better through full development ofthe property.
Traffic Controls: A traffic signal may ultimately be installed as part of this proposed development.
The proposed signal would be installed at the intersection of the main access (north frontage Rd
access) and General Sieben Dr. The Traffic Study has demonstrated that this signal may be required
at some point in time based on full development of the project. The timing of when these signals
Dakota Summit
Page 5
get installed it as the discretion ofthe City. The cost and timing ofthese traffic signals should be
addressed as part of the development agreement. Wal-Mart has agreed to pay for the full cost to
install a traffic signal before the store opens. Further study needs to be completed to evaluate the
impact of a traffic signal on peak high school and government center traffic.
10. EA W Issues: A number of issues were raised as part of the EA W for this project. The
main concerns were with traffic and the geology in the area. Dakota County raised the following
concerns:
The EA W states that groundwater was not encountered in the soil borings conducted to
depths 0120 feet. The geotechnical borings were not provided for review. No environmental
borings were conducted, and no other environmental investigations were considered. The
property's pre-development surface elevation ranges from 920 feet above mean sea level
(ams/) on the southwest to 890 feet amsl on the northeast. The estimated elevation of the
unconfined Prairie du Chien dolostone aquifer is about 720feet amsl, with approximately
a northeasterly gradient.
The EA W does not address the possibility of subsurface karst landforms on the proposed
development property, such as sinkholes and solution cavities. Although no such phenomena
are known to be located on the property, they are known to exist 1/4- mile east at the Dakota
County Government Center. Based on the above comments, the structural stability of
buildings, tanks, utility runs, etc., should be evaluated. Surface geophysical surveys followed
by ground-truthed borings, wells and trenches may better evaluate such potential site
hazards.
The developer will be required to address the County's concerns before
grading permits are issued.
Master Site Plan AJ2Proval
Back2round Information: The concept plan outlines a total of253,350 sq ft of retail space. This
plan was created to demonstrate the ultimate development of this site so the environmental/traffic
impacts could be measured. The Master plan will be used as a guide to review and approve future
phases of the development. The Developer will be required to submit detailed site plans for each
phase ofthe development. The Master Plan is currently proposing the following uses:
Wal-Mart 150,000
Wal-Mart Expansion 63,000
Retail Outlots 140,000
total 253,350
Dakota Summit
Page 6
Future uses for this site may differ, but the overall site layout will not. Changes to the proposed
Master Plan lot layout will be reviewed for its impact to traffic and circulation and its impact to the
overall site design. The Master Plan displays a rational layout for this kind of development. This
is a good location for this kind of development.
Proposed Uses and Lot Layout: The proposed uses and lot layout are appropriate. The retail
outlots on the front of the site will buffer and break up both the large building and parking lots. The
ponding basin to the north also provides a green space buffer between this development as it
transitions into the high school campus.
Gas Station: The gas station shall be required to obtain a special use permit as part of the site plan
approval for the gas station.
Zonin2 Setback requirements: Proposed parking areas are in compliance with zoning ordinance
parking lot setback requirements Building setbacks in the C-4 Zone District are established through
site plan review. It is the opinion of staff that the proposed buildings are rationally sited relative to
other structures in the general area.
Number of Parking Spaces: The Zoning Ordinance requires a standard of 1 parking space per 200
sq. ft. of gross building area for general retail use and slightly different standards for restaurants and
gas stations. The developer has demonstrated on the Master Plan that the parking requirement for
the proposed uses can be met on site and that the site is not over parked.
Traffic Circulation Issues: Traffic Circulation within the site flows well. There is one main access
to General Sieben Drive and two accesses to 4th St W. The North Frontage Rd extension through
the property will allow future connections to the property to the west.
Trail Connections: There will be a 10 ft bike trail extended along the western side General Sieben
Dr. A sidewalk will be extended from the General Sieben Dr Bike Trail west through the parking
lot to the front of the Wal-Mart Store. A bike trail connection also extends to the sidewalk in the
retail outlot area. Bike racks should be placed at the front of the store.
Sanitary, Water, Storm Sewer and Gradin2 Plans: The Public works Director has reviewed the
proposed grading and utility plans and has submitted his comments to the applicants. The applicants
are revising their plans accordingly.
Li2hting: The applicant shall submit a detailed lighting plan for this project as part ofthe site plan
review for each development in this project.
Site Landscaping: The applicant will have to submit detailed landscape plans with each site plan
that should be similar and compliment the principle site.
Dakota Summit
Page 7
Buildin2 Elevations: The applicant will have to submit detailed architectural building elevations
with each site plan. Building elevations should compliment and be constructed of similar materials
as the principle retail building on the site.
Waste Disposal: The applicant will have to indicate plans for waste disposal with each site plan.
outdoor dumpsters must be enclosed and screened form view with complimentary building
materials.
MNDOT (Minnesota Department of Transportation)
The city is currently waiting for comments form MNDOT on the proposed plat and site plan.
MNDOT has review authority over property adjacent to their right of way. It is anticipated that since
this project has no direct connection to HWY 55, that MNDOT's comments will focus on the traffic
issues and signals and not on the actual plat or site plan. A condition of preliminary and site plan
approval will be to incorporate any ofMNDOT's comments into the plat or site plan.
Summary: The proposed Dakota Summit project is consistent vyith the City's 2020 Comprehensive
Plan. The project will add jobs and an increase to the City's tax base. It will enhance the Western
side of the City and will compliment the buildings in the area. The traffic issues along General
Sieben Dr would have to be addressed as part of any development ofthe property.
- -.
Public Hearin2: Please refer to the attached minutes of the 8/13/01 Planning Commission meeting
to review public comment. Most comments revolved around the impact ofWal-Mart moving.
Planning Commission Recommendation: The Planning Commission recommended approval
of the Dakota Summit Preliminary Plat/Master Plan at their 8/13/01 Planning Commission
meeting, subject the conditions listed below. Upon vote taken, Ayes 7, Nays o. Motion carried.
Recommended Action:
There are two separate items requiring City Council action on this project listed below:
Preliminary Plat
Motion to recommend approval of the Dakota Summit Preliminary Plat subject to the
following conditions:
I. That the property is rezoned to C~4 Regional Shopping Center
2. That the Hastings High School Plat shall be recorded before this plat is recorded.
3. That the North Frontage Rd is extended through this property and platted with 40 ft
of right of way.
Dakota Summit
Page 8
4. The stormwater plan shall be reviewed by BARR Engineering and any BARR
Engineering comments shall be incorporated into the stormwater plan.
5. The DevelQper shall be responsible for the costs of the BARR Engineering
stormwater plan review.
6. That the storm water pond shall be sealed and the slopes of the pond shall not exceed
5 to 1 slopes.
6. That if the developer fences the pond, the fence shall be a decorative fence, subject
to the approval of the City Planner.
7. The developer shall provide documentation that common open space and ponding
basins shall be privately maintained and not the city.
9. All disturbed areas on this property shall be stabilized with appropriate cover to
eliminate erosion prob.1ems.
10. The disturbed areas of the site shall be maintained to the requirements ofthe City's
property maintenance ordinance.
11. That a fire hydrant shall be placed within 50 ft of the "Y" connection on the rear of
the building.
12. That park dedication fees of $ 43,500, for the 29 acres, shall ~e paid prior to the
release of the final plat hard shells.
13. That the Developer shall incorporate MNDOT's comments into the preliminary plat
or site plan.
14. That the developer shall pay 6 interceptor sewer charges per developable acre at a
rate of$31O.00 per sewer interceptor charge. These fees amount to $53,940.00 for
the 29 acres. These fees shall be paid prior to City release of final plat hardshells.
15. That the Developer shall obtain Site Plan approval from the City prior to issuance of
any building permits for any future proposed developments on property.
16. That Drainage and Utility easements on the final plat shall be modified as follows:
1. The drainage and utility easement along the southern property line of outlot
A shall be increased 20 ft.
.,~
LAND USE APPLICA TrON
CITY OF HASTINGS,.'
101 4th StreetEast, Hastings, MN 55033
Phone (651)437.4127 Fax (051)427.7082
Address of Property Involved: SOUTHWEST CORNER OF GENERAL SIEBEN DRIVE & WEST 4TH STREET
Legal Description of Property fuvolved:
(ATTACHED)
Owner (If different from Applicant):
Name NICK CONZEMIUS ET AL
Address 124 FARM STREET
.- J
f. t;. I
Official Use Only
Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance # .
Section
App. Com.
Applicant:
Name
Address
Phone
Fax
CONZEMIUS DAIRY FARM
124 FARM STREET
, HASTINGS,_ MN 55033
651-437-6809, .
952-831-8023
ATTN: NICK CONZEMIUS
Phone
Fax
UA~T'Nr.~ MN ~~n~~
I
651-437-6809
952-831-8023
Request:
Rezone: S2s0 CC-4 FROM AG)
Comp Plan Amend: NtA
Site Plan: $200 (RETAIL STORE ON LOT 1, BLOCK 1)
Variance: N/A
Special Use: $200 (GAS STATION AND TIRE/LUBE .oN STORE)
Subdivision: $320 (PREL.IMINARY AND FINAL PLAT)
Vacation: $100 CRIGHT-OF":WAY OLD FRONTAGE ROAD)
Other: . (CONCEPT PLAN FOR OUTLOT) : '
TOTAL: $1 ,070
Description of Request (include site plan, survey, and/or plat if applicable):
REZONE 29-ACRE PARCEL TO C-4 (PER LAND USE PLAN) FROM AG; PRELIMINARY AND FINAL PLAT FOR 29-ACRE
PARCEL INTO ONE 24-ACRE LOT AND ONE 5-ACRE OUTLOT; SITE PLAN FOR 24-ACRE PARCEL FOR A RETAIL
STORE AND A SPECIAL USE PERMIT FOR THE RETAIL STORE SITE FOR GASOLINE SAlES AND TIRE/LUBE
EXPRESS (AUTOMOTIVE SERVICE); CONCEPT PLAN FOR 5-ACRE OUTlET PARCEL; AND VACATION OF
RIGHT-OF-WAY.
~-z..J-iJl
Date
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Hastings Planning Commission
August 13th, 2001
Regular Meeting
7:00 p.m.
Public Hearing - Wal-Mart Preliminary
Site Plan - Wal-Mart
Director Weiland presented background information on the preliminary plat, the master plan, and the site
plan.
Darcy Winter, a commercial broker representing Wal-Mart, discussed how Wal-Mart initially looked at
plans for expansion at their current site, including demolishing the building and building from scratch.
They are currently looking marketing the site for another user. The current store is simply too small for
the volume that the store needs. She added that the proposed layout is similar to that of Maple Grove and
Elk River.
Greg Frank, Civil Engineer with McCombs, Frank, Roos, and Associates, explained the site access issues
as well as the frontage road. He stated that the traffic study shows that the intersection at Hwy 55 and
General Sieben Drive, still functions at an acceptable level at full development of the Wal-Mart site, but
that the intersection of the North Frontage Road and General Sieben Drive will fail and meet the warrants
for a traffic signal. He also stated that extensive soil boring were done on the site to examine ground
conditions, and that Braun Intertec, a company that worked with Dakota County and the new high school
on their sites with reference to geological issues. Mr. Frank passed out a memo to the Commission
regarding Eco-Wal-Marts, and that this Wal-Mart will incorporate all the features listed within the memo,
with the exception of the white roof, which is more appropriate for the southern climates.
Director Weiland reminded the Commission that there were 3 separate motions for this item - preliminary
plat, master plan, and site plan.
Chairman Strauss opened the public hearing regarding the preliminary plat at 8:15 pm.
Bernie Hess, St. Paul, Minnesota, a representative of the Food Workers Union, expressed concerns that
residents will shift their business from local businesses to Wa1-Mart. He sited the web site for the Institute
for Self-Reliance (http://www.newru1es.org) for statistics regarding Wal-Mart's affect on other business
within a community. He also gave some reason for rejecting the site - that it is not needed, doesn't fit with
Smart Growth policies, traffic, noise, and pollution. He also stated that this site will bring approximately
210 multi-axle trucks per week.
Bill Bauer, 17970 Joan Avenue, distributed an opinion piece from the Institute for Self-Reliance's
Director Stacy Mitchell about Wal-Mart's and the empty big boxes left behind.
Eoren-Ftom;-ti-SO-WeBrl-4th-Streer,-stateu-thathe-betieveg-Wal~Martt~ulrctsture-aITd-amrss~no-the
community, but doesn't see the need for expansion. Mr. Flam stated that they currently use much of the
parking lot to store garden center goods, and that on Saturday mornings a farmer's market uses another
portion of the parking lot.
Mike Harris, Red Wing, part owner of the County Market store within the Westview Mall, stated he was
concerned about the thousands of empty big boxes that are scattered around the country, and the affect
that they have on the small communities in which many are located.
Tom Dickman, 1315 Tyler Street, stated that he is concerned about filling the empty building on the south
side of town, as well as pushing the existing grocers out of business.
Sue Qualy, stated that it seems everyone is more concerned about traffic on Hwy 316 but not with the
increased traffic around the new high school. Mrs. Qualy feels that the traffic will constantly be backed
up in the area with all the events at the high school.
Mary Kocek, 1016 East 3rd Street, stated her concerns with the vacant building on Hwy 316. The City has
had several vacant buildings over the years which have not filled quickly. She also inquired about the
length of the lease at the new building and expressed concern that the wages at Wal-Mart are very low
and are generally not 40 hour per week positions.
Harold Featherstone, 1803 Featherstone Road, stated that the proposed Wal-Mart doesn't seem to fit in
the area, especially with the water tower that states "Historic Hastings". He's also concerned with blight
in the community and would prefer to see shops and apartments above Wal-Mart on a second level.
Doesn't feel the tax benefits will be great, and asked Ms. Winter who would be willing to take the
existing building.
Ms. Winter stated that Wa1-Mart Realty company has been in contact with several "category killers",
stores that specialize in one type of product, such as office supplies, pet supplies, garden centers, craft
stores, electronics, etc.
Christine Lindsay, 1481 West 4th Street, asked if when the high school was proposed it was known that
there would be a big box retailer adjacent to the school site. She stated that she also tried to get in touch
with Senator Paul Wellstone regarding the issue ofWalOMart leaving vacant building in communities,
and stated that the State of Texas there are currently 40 vacant Wal-Mart buildings.
Chairman Strauss closed the public hearing at 9:10 pm.
Director Weiland stated that he would try and address some of the issues raised and would ask the Wal-
Mart representatives to address the rest. He asked Ms. Winter to explain what would be available at the
new location that is not currently available.
Ms. Winter stated that the enclosed garden center would increase significantly, adding the tire and lube
center, and the vision center.
Commissioner Greil inquired if groceries would be available at this site.
Ms. Winter stated that they would not be available. She added that 2 different grocery retailers looked
into locating in the vacant land adjacent to Wal-Mart.
Commissioner Michno asked what the population was of the commuIiities with the comparative Wal-
Marts.
Ms. Winter stated that she did not know the population of Maple Grove or of Elk River. She also stated
that the Hastings Wal-Mart pulls from area communities such as Cottage Grove.
Commissioner Greil inquired if the Wal-Mart would pull in residents of Rosemount.
Ms. Winter stated that she didn't believe so.
Commissioner Michno asked how far apart Maple Grove and Elk River were.
Ms. Winter stated approximately 10 miles.
~ ."r"^'
Dave S':~ Land Use Attorney for Wal-Mart, stated that governments do not have the authority to tie land
use decisions to other existing land uses -like tying Wal-Mart's site plan or preliminary plat to action
being taken on the vacant building on the south end of town.
Commissioner Andersonexpressed his dislike of the project, but acknowledged that Wal-Mart is simply
doing business. Wal-Mart and Tw:get both like to position themselves in competitive locations. He feels
that the issue ofthe traffic light at General Sieben Drive and North Frontage Road should be addressed up
front, withWal-Mart paying the cost.
Commissioner Michno inquired as to the ponds location in relations to the high school, which Director
Weiland pointed out.
Commissioner Greil inquired of Mr. Hess ifhe had any statistics on Wal-Mart relocations within the
same community, since Wal-Mart has been in Hastings for the past 10 years. Commissioner Greil also
expressed concern at the traffic that would be drawn to the west end from the south, but also with the
additional housing units which have recently been approved by fheCity south of the Vermillion River, as
well as the traffic coming down Hwy 61 from Cottage Grove. He feels that the site itself is good, but feels
there will be too much of a negative impact on the south side of Hastings.
Commissioner Twedt stated that he echos the concerns of Commissioners Anderson and Greil. He also
feels that this will increase the amount of traffic on Vermillion Street, and would like to see Wal-MArt
specifically address the vacant building issue.
Commissioner Michno questioned whether the vacant land at Country Crossroads (the vacant area next to
Wal-Mart) would work for this project.
Ms. Winter stated that it would not work.
Commissioner Hollenbeck stated that Wal-Mart is expanding because there is obviously a need. She also
stated that the Hastings downtown, in which she owns a business, is a specialty market. She would like to
see the site plan as user friendly as possible, with sidewalks and bike racks, but that residents shouldn't
under-estimate the business community of Hastings.
Commissioner Michno expressed concern over Dakota County's comments regarding a leaking fuel tank
and possible sinkholes in the area.
Mr. Frank stated that the 76 soil borings done on the proposed site were at a minimum of20' in depth,
and that the ground water moves to the northeast, so any pollution at the Government Center would be
moving away from this site.
Director Weiland stated that traffic was studied as a part of the 2020 Comprehensive Plan process.
Connections through the Century South and Riverwood neighborhoods would provide some traffic relief
to the Vermillion River bridge on Hwy 61. He ~lso inquired about irrigations systems at the new site.
Mr. Frank stated that at the current site there are no irrigation systems, but that one is planned for the new
site.
Director Weiland stated that an in-ground irrigations system would help to better maintain landscaping,
and that the Code Enforcement Officer can be notified of debris problems. Currently the school district
and the county object to the immediate signalization at General Sieben Drive and North Frontage Road,
because they feel it will back up traffic. Costs for traffic signals are typically assigned in development
agreements, and that the conduit for the traffic signal would be put in place as a part of the road
reconstruction.
Commissioner Anderson inquired as to what kind of material Quik-brick was.
Mr. Frank stated that it has the appearance of brick, but looking at it very closely, you may be able to see
that it comes in larger panels.
Commissioner Anderson inquired if the additional signage shown.on the building ('We sell for less' and
'Satisfaction guaranteed') was really necessary, and felt the building would look much better without the
additional signage.
Ms. Winter stated that Wal-Mart holds their signage very highly.
Commissioner Twedt inquired as to the number of actions the Commission needed to take.
Director Weilaitd stated that there were 3 votes necessary: preliminary plat, master plan, and site plan.
Commissioner Greil inquired if the Commission had the authority to tie the approval of the proposed site
to the existing site.
Director Weiland stated that the City does not have the legal authority to place conditions regarding the
existing location.
Chairman Strauss stated that the Commission could not deny the project based on the movement from
one side of town to the other. Residents will still be making trips to that end of town with Veterans Park,
the arean and the like in the area. The Planning Commission's role is not to make market decisions.
Commissioner Anderson stated that he would like to amend Condition #21, which deals with the traffic
signal, to state that Wa1-Mart will be responsible for the entire cost, since their development drives the
need for the signal.
Mr. Frank stated that the new high school and the future Government Center expansions would also add
traffic to the road.
Director Weiland reminded the Commission that the preliminary plat doesn't look at the users on the site,
simply how the land is being divided.
Chairman Strauss suggested that the traffic signal issue be amended to state that the traffic signal will be
installed at a time when the County and School District request the signal.
Ms. Lindsay inquired whether 4th Street was examined as a potential traffic route.
Director Weiland stated that it was studied as a part of the high school traffic study, which concluded that
the majority of additional traffic will be as a result ofthe high school. He inquired of the Wal-Mart store
manager what hours the current Wal-Mart was open.
Brenda Hollerich, store manager of the Hastings Wal-Mart, stated that the store is currently open 24
hours.
Planning Commission Action:
Commissioner Greil moved and Commissioner Twedt seconded a motion to City Council the
approval of the Dakota Summit Preliminary Plat, subject to the following conditions:
1. That the property is rezoned to C-4 Regional Shopping Center
2. That the Hastings High School Plat shall be recorded before this plat is recorded.
3. That the North Frontage Rd is extended through this property and platted with 40
ft of right of way.
4. The stormwater plan shall be reviewed by BARR Engineering and any BARR
Engineering comments shall be incorporated into the stormwater plan.
5. The Developer shall be responsible for the costs of the BARR Engineering
stormwater plan review.
6. That the storm water pond shall be sealed arid the slopes of the pond shall not
exceed 5 to 1 slopes.
7. That ifthe developer fences the pond, the fence shall be a decorative rod iron fence.
8. The developer shall provide documentation that common, open space and ponding
basins shall be privately maintained and not the city.
9. All disturbed areas on this property shall be stabilized with appropriate cover to
eliminate erosion problems.
10. The disturbed areas of the site shall be maintained to the requirements ofthe City's
property maintenance ordinance.
11. That a fire hydrant shall be placed within 50 ft ofthe "Y" connection on the rear of
the building.
12. That park dedication fees of $ 43,500, for the 29 acres, shall be paid prior to the
release of the final plat hard shells.
13. That the Developer shall incorporate MNDOT's comments into the preliminary
plat or site plan.
14. That the developer shall pay 6 interceptor sewer charges per developable acre at a
rate of $310.00 per sewer interceptor charge. These fees amount to $53,940.00 for
the 29 acres. These fees shall be paid prior to City release of final plat hardshells.
15. That the Developer shall obtain Site Plan approval from the City prior to issuance
of any building permits for any future proposed developments on property.
16. That Drainage and Utility easements on the final plat shall be modified as follows:
A. The drainage and utility easement along the southern property line of outlot
A shall be increased 20 ft.
B. Ten (10) ft drainage and utility easements shall be added to the north and
south side of the North Frontage Rd Right of Way
17. That the following Sidewalk and Trail Easements shall be prepared as part of the
final plat.
A. 10 ft sidewalk/trail easements shall be prepared for the north and south
side ofthe North Frontage Rd Right of Way.
B. 10 ft Trail easements shall be prepared for the bike trail long the eastern
property line, where the bike trail is located out ofthe public right of way.
18. That the final plat shall be modified to include 14 ft of additional platted General
Sieben Dr right of way for a total of 80 ft of right of way.
19. That no retail development on the Dakota Summit property will be allowed to open
to the public, until the General Sieben Dr road improvements have been
constructed.
20. That the cost for the General Sieben Dr road improvements shall be agreed to in the
development agreement.
21. That the timing, cost share and design of future traffic signals for this project shall
be agreed to in a development agreement.Wal-Wart is requested to pay for the
cost of the signal.
22. That the developer shall address Dakota County's concerns about the geology of the
property, prior to the City issuing grading permits.
23. That the gas station shall obtain a special use permit as part of the site plan
approval for the gas station.
24. That the Developer shall be required to replat outlots before they may be developed
25. That the Developer shall enter into a Development Agreement with the City to
memorialize conditions of preliminary plat approval and that the executed
Agreement shall be recorded against the subject property prior to issuance of an
grading and/or building permits. - -
Upon vote taken, Ayes 7, Nays O. Motion carried.
Master Plan
Chairman Strauss inquired how the gas station would work.
Mr. Frank explained that there would be two entrances to the gas station from North Frontage Road, and
that the site would most likely consist of pumps with an attendant station, there would not be a
convenience store on the site.
Chairman Strauss inquired as to the typical size of the outlots.
Mr. Frank stated ~hat they were approximately 250' deep by 240' deep, and that the outlots together could
accommodate approximately 40,000 square feet of retail/service space total.
Ms. Winter added that the outlots will be owned by the Conzemious Dairy Farm, and not by Wal-Mart.
Planning Commission Action:
Commissioner Anderson moved and Commissioner Stotko seconded a motion to recommend
approval of the Dakota Summit Master Plan to the City Council, with the following conditions:
1. Future uses proposed on the site shall be consistent with the Master Plan layout.
2. Detailed site plans shall be submitted for each phase ofthe project.
3. That the proposed structure and accessory items including, but not limited to, the
parking lot and landscaping shall be completed pursuant to the approved site plan.
Upon request for occupancy of the building, all uncompleted items contained within
the site plan shall be addressed pursuant to city code escrow requirements.
Upon vote taken, Ayes 7, Nays O. Motion carried.
Site Plan - Wal-Mart
Chairman Strauss stated that she would like to see some foundation plantings to break up the big box
facade. Her concerns with the parking lots are that there are no median strips to discourage people from
driving across the parking lot and not within the drive aisles. She also suggested that for the future
expansion areas that native grasses, rather than sod be used to discourage the geese from congregating
there.
Mr. Frank stated that there is some opportunity to do some planter boxes along the front of the stor ein
the indents.
Commissioner Anderson suggested that Wal-Mart ditch the excess signage.
Chairman Strauss requested that the native grasses in the expansions areas be added as a condition.
Commissioner Twedt reminded the Wal-Mart representatives that many Hastings officials and residents
are not happy with this proposal, and suggested that they work to make the existing Wal-Mart site as
viable as possible.
Planning Commission Action:
Commissioner Hollenbeck moved and Commissioner Greil seconded a motion to recommend approval of
the Wal-Mart site plan to the City Council, subject tot he following conditions:
1. That the property is rezoned to C-4 Regional Shopping Center
2. That the property is fmal platted.
3. That the Developer shall incorporate MNDOT's comments into the preliminary
plat or site plan.
4. That the WaI-Mart store shall not be allowed to open to the public, until the
General Sieben Dr road improvements have been constructed.
5. That the traffic issues with Dakota County shall be resolved, before building
permits are issued.
6. That the landscape plan shall be modified as follows, subject to the approval
of the City Planner.
A. Trees shall be planted every 50 ft along both sides of the North
Frontage Rd extension.
B. Trees shall be planted every 50 ft along 4th St W on both sides of the
Bike Trail.
c. A row of 6 - 8 ft evergreen trees shall be planted on the southern side
of the ponding basin.
D. The ponding basin shall be planted with native vegetation.
E. The row of pine trees on the eastern property line shall be increased to
6- 8 ft in height and shall be extended south to the garden center.
F. A three foot hedge shall be added on the southern edge ofthe parking
lot.
7. That a decorative rod iron fence matching the garden center rod iron fence
shall be placed along the top of the retaining wall.
8. That bike racks shall be placed at the front of the store.
9. That no outdoor storage shall be allowed on site, unless it is screened from
public view with screening walls built from the same materials as the
primary building.
10. That the gas station shall obtain a special use permit as part of the site plan
approval for the gas station.
11. That the proposed structure and accessory items including, b!J,t not limited
to, the parking lot and landscaping shall be completed pursuant to the
approved site plan. Upon request for occupancy of the building, all
uncompleted items contained within the site plan shall be addressed
pursuant to city code escrow requirements.
12. Landscaping shall be irrigated.
13. Future expansion areas shall be evaluated to be planted with native and
natural vegetation instead of sod.
14. Foundation plantings shall be added to tlle'front of the building
Upon vote taken, Ayes 7, Nays O. Motion carried.
~("'\llNE~SOI:q -t.~
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Minnesota Department of Transportation
, )
- l
/.....: ./
Metropolitan Division
Waters Edge
1500 West County Road 82
Roseville, MN 55113
./
July 10,2001
Mr. Matt Weiland, City Planner
City of Hastings
10 1 4th Street East
Hastings, Minnesota 55033
SUBJECT: Dakota Sum..mit-MnIDOT Review EA WO 1:..019
North of Trunk Highway 55 and West of General Sieben Drive
, Hastings, Dakota County
Control Section 1910
Dear Mr. Weiland:
The Minnesota Department of Transportation (Mn/DOT) has reviewed the above referenced
Environmental Assessment Worksheet (EA W) and fmds it acceptable for further development with
consideration of the following comments:
· IN order to verify the traffic study results, the City/developer should submit a Synchro/Sim5 Traffic
Software Analysis at Trunk Highway 55 to Jim McBroom (651~634-2143) in Mn/DOT's Traffic
section.-
· The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm
water is discharged frotnthe site must not increase). The City or project developer will need to .
submit before/after hydraulic computations for both 10 and 100 year rainfall events verifying that all
existing drainage patterns and systems affecting Mn/DOT right of way will be perpetuated. Please
direct questions concerning these issues to Eric Kasa (651-634-2076) ofMnlDOT's Water Resources
section.
· Any use of or work within Mn/DOT's right of way will require a permit. A Mn/DOT drainage permit
may also be required. Please direct questions regarding permit applications to Keith Van Wagner
(651-582-1443) ofMnlDOT's Permits section.
· As a reminder, General Sieben Drive is Hastings Municipal State Aid Route 136. Any work on a
MSA route must meet State Aid rules and policies. Also, the City must review any changes to its
Municipal State Aid system so that they stay within its system limitations. You may obtain additional
information regarding State Aid rules and policies in any of the following ways:
~ http://www.dot.state.mn.us/stateaid/ shows or has links to the applicable forms and the Mn/DOT
State Aid Manual.
~ Refer to the Mn/DOT State Aid Manual, Chapter 5-892.200 for information regarding standards
and policies.
~ Please go to http://www.revisor.1eg.state.mn.us/arule/8820/ for information regarding State Aid
Operations Rules Chapter 8820.
An equal opportun(ty employer
...
- ~~:-.."'"
)- For driveway standards, the designer is directed to refer to the MnJDOT Road Design Manual
(English) Table 5-3.04A and Figure 5-3.04A for guidance and policies. Driveway widths, other
than those recommended, up to 50 feet will be permitted only by special pennission of the
Commissioner of Transportation or designee.
Please contact Jim Deeny in our State Aid section at (651) 582-1389 with any additional questions.
Please address all future correspondence for development activity such as plats, site plans, environmental
reviews, and comprehensive plan amendments to:
Paul Czech
MnlDOT - Metro Division
Waters Edge
1500 West County Road B-2
Roseville,Minnesota 55113
Please note that MnfDOT document submittal guidelines require three (3) complete copies of plats and
two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a
plat andlor two (2) copies of other review documents will make a submittal incomplete and delay
MnlDOT's review and response to development proposals. We appreciate your anticipated cooperation
in providing the necessary number of copies, as this will prevent us :from having to delay andlor return
incomplete submittals.
Feel free to contact me at (651) 582-1378 if should have any questions.
cc: Gary Stevenson, Dakota County Surveyor
Pete Sorenson, Dakota County Engineer
Mn/DOT Division File C.S. 1910
Mn/DOT LGL - Hastings
2
. _"1'::=...-
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155-40_
July 23,2001
Mr. Matt Weiland
Hastings City Planner
City of Hastings
101 Fourth Street East
Hastings, MN 55033-1944
RE: Dakota Summit Environmental Assessment Worksheet (EA W)
Dear Mr. Weiland:
. The Deparlment of Natural Resources (DNR)has reViewed the EA W for the proposed
Dakota Summit project in the City of Hastings in Dakota County. The proposed project involves
approximately 253,000 square feet for a commercial shopping center, and smaller retail,
restaurant, and commercial uses on a 29-acre parcel of land.
Item l1.b. of the EA W addresses fish, wildlife and ecologically sensitive resources.
There are six known occurrences of rare species or natural communities in the project vicinity.
The DNR does not have further concerns about these occurrences.
Based on the information presented in the EA W, the DNR does not have comments at
this time related to natural resources impacts or concerns.
We are concerned by an incomplete aspect of the EA W in that the EA W was not signed
and was absent the certifications required by the Responsible Government Unit.
Thank you for the opportunity to review thisproject andthe EA W. We look forward to
receiving yoUr record of decision and responses to comments at the conclusion of enviroriinental
review. Minnesota Rules part 4410.1700, subparts 4 and 5, require you to send us your Record
of Decision within five days of your decision on this action.
DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929
~
An Equal Opportunity Employer
Who Values Diversity
{\ Printed on Recycled Paper Containing a
.... Minimum of 10% Post-Consumer Waste
- ...;....::-..,....
Mr. M. Weiland
July 23, 2001
Page 2
If you have questions about this letter, please contact Charlotte Cohn of my staff at (651)
296-4790.
Sincerely,
.-=T ~?v; rJ5>~
Tp.omas W. Balcom, Supervisor
Environmental Review Section
Office of Management and Budget Services
c: Kathleen Wallace
Steve Colvin
Wayne Barstad
Sarah Hoffinan
Joe Oschwald
Jon Larsen, EQB
Nick Conzemius, Conzemius Dairy Farm
# 20010975-0002
DAKOTA SUMMIT EAW.DOC
. _..~.."'"
Minnesota Pollution Control Agency
July 24, 2001
. Mr. Matt Weiland
City Planner, City of Hastings
101 Fourth Street East
Hastings, MN 55033-1944
RE: Environmental Assessment Worksheet (EA W) - Dakota Summit
Dear Mr. Weiland:
Thank you for the opportunity to comment on the EA W for the proposed project to construct an
approximately 253,000-square foot commercial shopping center. The proposed project would include a
Wal-Mart and restaurants on an approximately 30-acre parcel. The site is by the intersection of Trunk
Highway 55 and General Sieben Drive. The Minnesota Pollution Control Agency (MPCA) staff has.
reviewed the EA W for this project. The staff has provided the following comments for your
consideration and response in determining the need for an Environmental Impact Statement (EIS) for the
proposed project.
Traffic- Air Quality Impacts
An Indirect Source Permit (ISP) is no longer required for Jp.e project since, the ISPprogram ended .
. effectiveJuly1,2001.. '.. d .. ;:.....: ,.
A detailed traffic impact analysis was conducted for the proposed development and included as an
appendix to the EA W. The traffic analysis identified and evaluated traffic impacts associated with the.
proposed shopping center. The traffic analysis report recommended installation of a traffic signal at the
General Sieben/Wal-Mart access intersection. With this signal, all movements at the intersection will
operate at a better level of service. No significant traffic impact~ are expected as a result of this project.
The EA W also conducted a detailed air quality analysis to assess carbon monoxide (CO) emissions
generated by traffic from the proposed project by estimating CO concentrations at sensitive receptor sites
at congested traffic areas near the project site. The analysis assumed two build scenarios, using the years
2003 and 2005 with full development. The results of the analysis showed that CO concentrations are well
below that state ambient standards. Therefore, no significant air quality impacts are expected from the
proposed project. You may contact Innocent Eyoh at (651) 296-7739, if you have questions about the
above comments.
Storm Water Runoff
As noted in Item 8, this project would require the application for and issuance of a National Pollutant
Discharge Elimination System General Storm Water Permit for Construction Activity. This project will
create approximately 2.3 acres of ne", impervious surface. Projects that create more than one acre of new
impervious surface require permanent wet sedimentation ponds. These ponds will have to be designed to
meet th~ requirements of the MPCA's permit. In designing the project and permanent sedimentation
ponds; th~ post development rate of runoff should be equal to the precdevelopment rates for the 2, 10, and
lOO-year storm events. .After the stormwater is routed through the ponds, we strongly recommend that it
be infiltrated or sent to grass swales or rain gardens.
520 Lafayette Rd. N.; 81. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY)
81. Paul · Brainerd · Detroit Lakes · Duluth · Mankato · Marshall · Rochester · Willmar; www.pca.state.mn.us
Equal Opportunity Employer' Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. - "';e~--
Mr. Matt Weiland .
Page Two .
Questions regarding the MPCA's storm water permit requirements may be directed to Michael Findorff at
(651) 296-6798.
General
We encourage the city of Hastings 'and developers of the site to strive for human scale, pedestrian oriented
developments including plans for safe pedestrian movement between businesses and neighboring .
facilities such as the government center. We also suggest the developers employ energy efficient and/or
clustered buildings as much as possible. 'The site developers have an opportunity for generating favorable
publicity by demonstrating more environmentally friendly development. Staff are aware that Wal-Mart
has several eco-marts that pilot a variety of green building technologies in Lawrence, Kansas; Moore,
Oklahoma; and City of Industry, California. Will Wal-Mart will make use of the green technologies that
they have already put to use in '$ese other locations at this site?
Thank you for the opportunity to review this project. This comment letter addresses matters of concern to
MPCA staff revieWing the EA, Wand is submitted for consideration by the city of Hastings, the '
responsible governmental unit, in deciding whether an EIS should be prepared on the project. It does not
constitute approval by the MPCA of any or all elements of the projectforthe purpose of pending or future
permit action(s) by the MPCA. We have attempted to identifY and consult with interested program staff
to identify the MPCA permits that may be required. Additional comments or requests for information '
may be submitted in the future to address specific issues related to the developinent of such permit(s).
tntimately, it is the responsibility of the project proposer to secll!e ~y required permi~ and to comply
with any requisite permit conditions. .
As required by Minn. R 4410.1700, we look forw~d to receiving written responses to our comments on
the EA Wand a record of the decision on the need for an EIS. If you ~a:ve other questions concerning our
review of this EA W, please contact me at (651) 296-6703.
Sincerely,
~M1L ten{~
Barbara Conti
PI~l1mer Principal
Operations and Planning Section
Metro District .
BC:sjs
cc: Gregg Downing, Environmental Quality Board
Mike Findorff, MPCA, MD/CAP
Innocent Eyoh, MPCA, PP/CAP
.' ...
. .....;..t~...-
Office of Planning
Lynn Moratzka.AICP
Director
Oalciota County
Western Service Center
14955 Gal;IXie Avenue
Apple Valley. MN 55124
612.891.7030
Fax 612.891.7031
www.c;o.dakQta.mn.us
t!)
Printed on recycled paper
",.. with 30% pos~consumer waste.
AN EQUAl. OfPORTUNITY EMPlOYER
~~
Matthew Weiland
.City Planner
City of Hastings
101 Fourth Street East
Hastings, MN 55033
July 25, 2001
Dear Mr. Weiland:
The Office of Planning has received and reviewed the Dakota Summit Shopping Center
(WaIMart) EAW. Our comments follow the sequence of items in the EAW. Please call
, me at 952-891-7022 if you have any questions.
9. Land Use
The EAW states "There was (sic) no Recognized Environmental Conditions (RECs)
identified during a Phase 1 Environmental Site Assessment of the property (Braun
Intertec, April 17, 2001)." While the County agrees that there are no known solid and
hazardous waste disposal and/or contaminant release sites..Q..n the 29.4-acre parcel being
proposed for development, there are such known siteswithin %-mile to 'Yz-mile ofthe
proposed-development.
Dakota County maintains an inventory ofthese sites but was not contacted by the
environmental consultant or its client about the sites, as required. This information will be
provided at no cost when a contact is made..
There are three petroleum-related leak sites at the Dakota County Government Center
immediately east ofthe proposed development. At least one leak has substantially
contaminated the unc9nfined aquifer, and it is under remediation at the present time.
17. Soils, 18. Water Quality, and 20. Ground Water - Potential for Contamination
(The following comments apply to all three sub-sections.)
20. a. The EAWstates that groundwater was not encountered in the soil borings
conducted to depths of20 feet. The geotechnical boring's were not provided for review.
No environmental borings were conducted, and no other environmental investigations
were considered. The property's pre-development surface elevation ranges from 920
feet above mean sea level (amsl) on the southwest to 890 feet amsl on the northeast.
The estimated elevation of the unconfined Prairie du Chien dolostone aquifer is about
720 feet amsl, with approximately a northeasterly gradient.
20.b. The EAW do.es not address the possibility of subsurface karst landforms on the
proposed development property, such as sinkholes and solution cavities. Although no
such phenomena are known to be located on the property, they are known to exist %-
mile east at the Dakota County Government Center.
- -~::..".-
As noted in the comments on item 9, the original 35,OOO-gallon heating oil tank for the Center was
placed in an excavation that turned out to be a soil-covered sinkhole. When the tank and
recirculation line leaked, an immediate pathway to groundwater was provided by the solution-
enlarged bedding planes and joints. When monitoring wells and a recovery well were drilled to
remediate the release, void spaces in the dolostone were encountered. Some heating oil was
recovered from the groundwater below, and the remedial efforts continue 15 years later.
The potential exists that similar subsurface features may exist on the proposed development
property, especially due to .its proximity to the Govemment Center and the shallow soil cover,
which affords little protection. Standard geotechnical investigations of soils alid bedrock do not
adequately explore for such phenomena.
Also, bedrock structures may be associated with the Empire Fault, a notable fault located within a
half-mile east-southeast of the property 1. There may be secondary faults or other structures
under the property that could enhance bedrock infiltration of contaminants and influence
groundwater permeability and contaminant migration. These structures may be related to the
Hastings Fault and the Vermillion Anticline 2.
Finally. the silts and very fine-to-fine sands may be prone to solifluxion 3 where surface water is
diverted and temporarily ponded and/or directed underground through soil-covered sinkholes and
sediment-filled cavities. The large surface ar~as covered by buildings, structures, and
impermeable pavement will lead to significant temporary flows and ponding, which may
compound such subsurface erosion. Soil piping is welJdocumented in some loess-derived silts
and till-derived silts and fine sands. .
Based on the above comments, the structural stability of buildings, tanks, utility runs, etc., should
be evaluated. Surface geophysical surveys followed by ground-truthed borings, wells and
trenches may better evaluate such potential site hazards.
21. Solid Wastes, Hazardous Wastes, Storage Tanks
If hazardous wastes are generated on-site, the general contractor and the business (WaIMart)
may be required to be licensed as a hazardous waste generator by Dakota County (referto EAW
Section 8 "Permits and Approvals Required"). Contact the Environmental Management
Department at telephone (952) 891-7557 for assistance~
1 The Empire Fault is believed to be located between City Well NO.5 and the Government
Center in the vicinity of Pleasant Drive, Hastings. Several years ago, test holes drilled by Keys
Well Drilling for a new City well south of the proposed development and Trunk Highway 55
probed the up-faulted and down-faulted blocks ofthe structure. Consequently, no new City well
was drilled in that location.
2 Mossier, John H., 1972, "Paleozoic Structure and Stratigraphy of the Twin City Region", pp.
485-497, in Sims, P.K., and Morey, G.B., eds., Geolooy of Minnesota: A Centennial Volume,
Minnesota Geological Survey, Saint Paul, MN.
3 Solifluxio'n or soil piping is the subsurface, intemal erosion of fine soils caused by steep
hydraulic gradients of subsurface water, which leads to the formation of "soil pipes., coalescing of
pipes creating larger cavities, soil subsidence, and ultimately catastrophic soil failure (collapse).
r ~'f~","'"
22. Traffic
The EAW indicates that 85 percent of the trips coming to the Wal-Mart site will exit TH 55 onto
General Sieben Drive. The Wal-Mart Proposal concentrates customer traffic at one access point,
along General Sieben Drive across from the south access to the Govemment Center. This layout
creates a conflict between high volume t~ming movements that will result in delay and
operational problems during the weekday PM peak.
The traffic impact analysis gives a detailed explanation of the expected traffic volume for the site
during the PM .peak. However, it does not consider traffic volumes for the rest ofthe day, traffic
generated from the new high school, expanded Government Center, or future developments.
Traffic impacts during the rest of the day may be different. as a result of other traffic movements
(such as afternoon school traffic, or traffic at the conclusion of County court sessions).
The study recommends an all-way stop to handle the delay problems identified with this proposed
access configuration. However, driveway accesses intersecting a collector roadway are generally
poor locations for all-way stopsltraffic signals because the crossroad only services higher traffic
volumes for a very limited amount of the day.
We suggest the City should provide more access points to distribute traffic and.allow-better
access to the collector roadway, and consider re-orienting the building if necessary. However.
there should be no additional access south of the proposed access driveway, in order to maintain
proper traffic movements to and from TH 55.
The current concentration of traffic at one access point will be further complicated by future
development west of the proposed development. We suggest that providing better distribution of
the traffic generated by Wal-Mart to 4th street would reduce the adverse impact ofthis
development and future developments.
The proposed plan indicates that the through lanes shift to accommodate the proposed left turn
lanes. We suggest the City consider redesigning General Sieben Drive with continuous or
straight through-traffic lanes.
We suggest that the City consider making the eastlwest driveway (parallel to Hwy 55) that serves
multiple businesses a city street and serve a frontage road function along Hwy 55. The frontage
road would serve not only this prop~rty, but could potentially serve property to the west in the
future and limit the need for direct access to Hwy 55.
Dakota County is willing to work with the City and the developer to address traffic movement and
access In this area.
...
_ _f~'"
In conclusion, thank you for the opportunity to comment on this EAW. We look fOlWard to
working with you and the City on future plans and project reviews.
Sincerely,
K?f::!.~~-
Principal Planner
cc: Joseph A. Harris, Commissioner, District 1
Brandt Richardson, County Administrator
Taud Hoopingarner, Operations Management Director
Ken Harrington, Director, Capital Facilities Department
Susan Hoyt, Director, Physical Development Division
Lynn Moratzka, Director, Office of Planning
Don Theisen, County Engineer' ,
Barry Schade, Director, Environmental Management Department
Brian Watson, Manager, Dakota County SWCD
Phyllis Hanson, Planning and Technical Assistance, Metropolitan Council
.~
~~.::-"'"
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BENSHOOF & ASSOCIATES, INC.
TRANSPORTATION ENGINEERS AND PLANNERS
10417 EXCELSIOR BOULEVARD SUITE TWO / HOPKINS, MN 55343/ (952) 238-1667 I FAX (952) 238-1671
' .d .
May 24, 2001
Refer to File: 01-30
MEMORA-NDUM
TO:
Greg Frank, McCombs Frank Roos Associates
EdwardF. Terhaar (Fr-
FROM:
RE:
Result$ of Traffic Study for Proposed WaI-Mart Store in Hastings, MN
PURPOSE AND BACKGROUND
The. purpose of this memorandum is to present the results of our traffic study for the
proposed Wal-Mart store in Hastings. Based on discussions with City staff, our analysis
has focused on the- following areas:
. ,
." .j
· T.H. 55/GeneraI Sieben Drive
· General Sieben Drive intersection with the WaI-Mart access
In order to address the operations at the above locations, forecasts and analysis were.
. .
prepared for the weekday p.rn. peak hours. '
Proposed Development Characteristics
The proposed development is expected to initially consist of a 149,551 square foot Wal-
Mart store and separate gasoline sales area. The gasoline sales area will consist of 16
vehicle fueling positions and a small building to house the cashier. The site also includes
four outlots located in the southern portion of the property. The exact land uses for the
outlots have not yet been determined. The Wal-Mart store will be built to allow for a
future expansion, which would increase the building size to 213,350 square feet.
The entire development will be located in the northwest quadrant of the T.H. 551General
Sieben Drive intersection, as shown in Figure 1. Access to and from the site will be
provided via one direct access to General Sieben Drive and two accesses to 4d1 Street, as
shown in Figure 2. The initial Wal-Mart development is expected to be completed by the
end of 2002.
. -..#..,:::..,
Mr. Greg Frank
-2-
May 24, 2001
Existing Traffic Conditions
..,j
T.H. 55 is a major east/west roadway that nms through Hastings. T.H. 55 is a four lane,
divided roadway with turn lanes at major intersections. The intersection with General
Sieben Drive is controlled with a traffic signal~ At General Sieben Drive, T.H.55
consists of two through lanes, one left turn lane, and one right turn lane in both the
eastbound and westbound directions. . General Sieben Drive eonsists of one left turn lane,
one through lane, and one right turn lane on both the northbound and southbound
approaches to T.H. 55. .
General Sieben Drive consists of one through lane in each direction at the proposed Wal-
Mart access location. The proposed Wa1-M~ access would be located directly across
from the southern access for the government center.
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MCCOMBS FRANK ROOS
ASSOCIATES, INC..
TRAFFIC STUDY FOR
PROPOSED WAL-MART
IN HASTINGS, MN
FIGURE 1
PROJECT LOCATION
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MCCOMBS FRANK ROOS
ASSOCIATES, INC. '
TRAFFIC STUDY FOR
PROPOSED WAL-MART
IN HASTINGS, MN
FIGURE 2
INITIAL SITE PLAN
\Xi BENSHOOF & ASSOCIATES, INC.
V TRANSPORTATION ENGINEERS AND PLANNERS
-*.:.-'
.Mr. Greg Frank
-5-
May 24, 2001
TRAFFIC FORECASTS
....
Trio Generation
Por the proposed development., trip generation was estimated for the weekday p.m. peak:
hours using information from the Institute afTransportation Engineer'$ Trip. Generation,
6'h Edition. Trip general estimates were develQped for each development scenario.. Table
1 presents the results of the trip generation' estimate.
ee av . ea our riD' neration stimates
ScenariolLand Use Size P.M. Peak Hour
Trips fu Trips Out
Initial Wal-Mart Store Only
Wal-Mart 149,551 SQ. ft. 253 264
Gasoline sales .16 vfp 1 , . 80 80
Totals , 333 344
Initial WaI-Mart nIns Ontlots
Wal-Mart 149,551 sa. ft. 253 264
Gasoline sales 16 VfuT 80 80
Outlot A - Fast Food Restaurant 3;000 SQ. ft. 47 43
Outlot B - Sit Down Restaurant 6,000 SQ. ft.. 35 23
Outlot C - Retail 5,000 SQ:ft. 8 9
Outlot D - Fast Food Restaurant 3,000 SQ. ft. 47 43
Totals 470 462
ExoandedWm-MartDlusOutlots
Wal-Mart 213,350 sa. ft. 372 389
Gasoline sales 16 VfuI 80 80
Outlot A - Fast Food Restaurant 3,000 SQ. ft. 47 43
Outlot B - Sit Down Restaurant 6,000 SQ. ft. 35 23
Outlot C - Retail 5,000 SQ. ft.. 8 9
Outlot D - Past Food Restaurant 3,000 sa. ft. 47 43
Totals 589 587
. Table 1
W kd PM.P kH T. Ge E .
1 V ehicleFueling Positions
The trip generation estimates shown in Table 1 include 10 percent reductions to account
for motorists that stop at both the gasoline sales area and the Wal-Mart store and
motorists that stop at the both outlot uses and the Wal-Mart store. These trips are known
as multi-purpose trips because they involve more than one stop within the same
development. It is necessary to account for these trips to accurately estimate the number
of generated trips. .
The net trips generated by the development are grouped in terms of two categories:
. --=-~:::...-
Mr. Greg Frank
~6~
May 24, 2001
'"'~
· New Trips - Trips solely t9 and from the proposed development.
. Pass-By Trips - Existing 'lbrough" trips on T.H. 55 that will include a stop at the
proposed development in the future.
The percentage of the net trips assi~ed to each trip type was based on the following ,
factors: ,the location of the proposed development relative to the existing roadway system
and existing population centers, traffic vo~ume data collected for roadways surrounding
the site, and on past experience developing traffic impact analyses for retail
developments throughout the upper Midwest. Bas,ed on these factors, the percentages by
type of trip for the retail development are as follows: 80% new trips and 20% pass~by
trips.
Trip Distribution
Based ,on the locations of major population areas and other retail areas, distribution
percentages were developed for new trips to and from the site. These distribution '
percentages represent the anticipated portion of trips traveling to/from the site by .
direction. The distnoution percentages for new trips and pass~by trips are shown in
Figure 3.
Traffic' Volumes
Traffic volumes were forecasted for the weekday p.m. p.eak, hour for the foll<;lwing five
scenarios: 1) 2001 existing (2001),2) 2003 without any of the proposed development
(2003 Base), 3) 2003 with the initial Wal-Mart store only (2003 Phase 1),4) 2003 with
the initial Wal-Mart store and the four outlot uses (2003 Phase 2), and 5) 2005 with the
expanded Wal-Mart store and the four outlot uses (2005 Full Development). All' of the
forecasted volumes are based on the existing counts recorded at each intersection. A
growth factor of 1.5 percent per year was applied to the existing volumes to arrive at
2003 and 2005 baseline volumes. The expected development traffic was then added to
the baseline, resulting 2003 and 2005 post-development traffic volumes. ' The resultant
weekday p.m. peak: hour are shown in Figure 4.
~ ~~.;:..".....
MCCOMBS FRANK ROOS
ASSOCIATES, INC.. .
,
\Xi BENSHOOF & ASSOCIATES, INC.
. V TRANSPORTATION ENGINEERS AND PLANNERS
NEW TRIP DISTRIBUTION
50%
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FEAl1iERSTONE AD
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41li ST.
l1i 55
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PASSBY TRIP DISTRIBUTION
NOTTO SCALE
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70%
FEAl1iERSTONE RD
4TH ST.
30% .
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TRAFFIC STUDY FOR
PROPOSED WAL-MART
IN HASTINGS, MN
FIGURE 3
TRIP DISTRIBUTION
PERCENTAGES
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FEATIfERSTONE RD
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f:: 18119/19/19/19
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r 85/8S188188190
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NA1NA142/51/68 -1
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. ACCESS
4TH ST.
GOVERNMENT CENTER
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804/82S1781n62lTlO ~
., ~190190190/92
"2001 . . ~*
rr=rF 2003 NO BUILD .
" 2003 PHASE I WAL-MART ONLY . "
. 2003 PHASE I WAL-MART + OUTLETS
I I I 2005 EXPANDED WAL-MART + 0lJ'JtETS
XX/XXIXXIXXIXX
NOTTOSCALE '
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MCCOMBS FRANK ROOS
ASSOCIATES, INC. "
TRAFFIC STUDY FOR
PROPOSED WAL-MART
IN HASTINGS, MN
" FIGURE 4
WEEKDAY PM PEAK
HOUR VOLUMES
\Xi BENSHOOF & ASSOCIATES, INC.
V TRANSPORTATIOHEHGIHEElISAHD PLAHNERS
."- ."
.. -~~,,"'"
Mr. Greg Frank
-9-
May 24, 2001
TRAFFIC ANALYSIS
.d
Level of Service
The analysis intersections were analyzed to determine the impacts of traffic generated by
construction of the proposed development. Capacity analyses were performed using the
methodologies presented in the Highway Capacity Manual for all three background
traffic levels. Capacity analysis results are presented in terms of level of servi~e, which
ranges from A to F. Level of service A represents the best intersection operation, with
very little delay for eaeh vehicle using the intersection. Level of service F represents the
worst intersection operation, with excessive delay.
The existing lane geometries at the T.R. 551General Sieben Drive intersection were used
for the initial analysis. For the General Sieben Drive!W al-Mart access intersection, the
following lane geometries were used:
· northbound and southbound approaches on General Sieben Drive - one left
turn lane, one through lane, and one right turn lane
· eastbound approach from the Wal-Mart site - one left turnlthrough lane and
one right turn lane
· westbound approach from the government center - on.e left tIi.rn lane and one
through/right turn lane
The T.R. 551General Sieben Drive intersection was analyzed using the existing signal
control parameters. The General Sieben DriveJwal-Mait access intersection was initially
analyzed using two way stop control. This means that the eastbound and westbound .
approaches are stopped, while the northbound and southbound General Sieben Drive
approaches are not stopped.
Table 2 presents the level of service analysis for the weekday p.m. peak hour at each
intersection with. existing signal control at T.R. 55/General Sieben Drive and two way
stop control at General Sieben Drive/W al-Mart access.
....
. ........:'-:-,:.....-
, .
Mr. Greg Frank
-10-
May 24, 2001
PM Peak Hour Eastbound WestboUnd Northbound Southbound Overall
Intersection
LT TH ,RT LT TH RT .LT TH RT LT TH RT.
T.H. 55!
General Sieben
Drive
2001 na na na A na A na A A A A na A
2003 Phase 1 C C B F F A A A A A A A B
2003 Phase 2 E E B F F B A A A A A A E
2005 Full F F B F F C A A A A A A
Development F
General Sieben
Drivel WaI-
Mart access -
WOl C B A C A A B B A B C A B
W03 Phase 1 C B A C B A B C 'B B B A B
W03 Phase :2 C B A C C A B C B B B A B
WOS Full C B A C C A B C B B B A B
Development
Table 2 'd
Weekday P.M. Peak Hour ,Level of Service Results With Two Way Stop Control at
General Sieben DriveIW ai-Mart Access
Under the 2003 Phase 1 scenario at the General Sieben Drive!W al-Mart access
intersection, ~ movements operate at level of service C or better except the westbound
left turn and through, ,which operate at level of service F. All movements at the T.R. 55/
General Sieben Drive intersection operate at level of service C or better. Under the 2003
Phase 2 scenario at the General Sieben DrivelWal-Mart access intersection, the
westbound left turn and through continue to operate at level of service F while the
eastbound left turn and through fall to level of service E. All movements at the T.R. 55/
General Sieben Drive intersection operate at level of service C or better. Under the 2005
Full Development scenario at the General Sieben DriveIW ai-Mart access intersection, the
westbound left turn and through continue to operate at level of service F while the
eastbound left turn and through fall to level of service F. All movements at the T .R. 55/
General Sieben Drive intersection operate at level of service C or better.
The government center currently has two access points onto General Sieben Drive. If the
westbound approach at the south access point were to operate at level of service F, as
shown in Tab~e 2, some motorists likely would divert to the north access to turn left onto ,
General Sieben Drive. . While this action would decrease the number of westbound left
turns at the south access, the movement would still operate at level of service F due to the
high delay caused by the large number of nQrthbound left turns. .
As shown in Table 2, two-way stop control does not provide adequate level of service for
left turn movements onto General Sieben Drive as volumes increase. An alternative to
operating the. intersection with two way stop control is all way stop control. All Way stop
control operates just as the name states, with stop signs on all approaches. All way stop
control is generally reserved for intersections With volum.es too high to operate
effectively with two-way stop control but not high enough to require a traffic signal. For
- _..~-
Mr. Greg Frank
-11-
May 24; 2001
comparison purposes, each of the alternatives at-the General Sieben Drive/Wal-Mart
access was analyzed with all way stop control, with th~ results shown in Table 3.
Table 3
Weekday P.M. Peak Hour Level of Service Results with All Way Stop Control at
General Sieben DrivelW ai-Mart Access
PM Peak Hour Eastbound Westbound Northbound Southbound Overall
Approach Approach Approach Approach Intersection
General Sieben Drivel
WaI-Mart access
2003 Phase 1 B B B B B
2003 Phase 2 C B D B C
2005 Full Development E B F B F
As shown in Table 3, under all of the 2003 scenarios all of the approaches and overall
intersections operate at level of service D or better. Under the 2005 Full Development
scenario, the eastbound approach falls to level of service -E and the northbound approach
fall to level of service F. In this case, westbound motorists shifting to the north
government center access would not improve the intersection level of service because the .
westbound approach already operates at level of service B.
The next type' of intersection control that could be used would be traffic signal control.
Using the 2005 peak hour volumes, the peak hour signal warrant requirements were
analyzed to determine if the forecasted volumes meet the vQlume thresholds. The 2005
p.m. peak: hour volumes exceed the peak: hour warrant volume threshold. With a traffic
signal, all mov~ments at the intersection will operate at level of service B or better. .
Therefore, we recommend that all-way stop sign control be used initially, with the
volumes monitored as the areas develops to determine if intersection control changes are
necessary .
Recommended Geometrics at General Sieben Drive/Wal-Mart Access futersection
Based on the tra:ffi.~ volumes forecasted and the intersection capacity analysis results, we
have developed recommended geometrics for General Sieben Drive, as shown in Figure
5.
Traffic Operations with Wal-Mart Parking Lot
The site plan shown in Figure 2 was reviewed relative to traffic operations within the
development. The proposed layout brings entering motorists to the back of the lot via a
private roadway, where they can enter the Wal~Mart parking lot or the outlots. Once in
the Wa1-Mart lot, the motorists can choose the desired aisle to locate a parking space. As
in all parking lots, there may be a temptation to cut across vacant parking rows to find a
parking spot more quickly. The proposed layout includes raised islands at the end of
each parking row, which will help to discourage motorists from cutting across. However,
if portions of the lot are empty, some motorists may have a tendency to cut across despite
the raised islands.
--:~::-". -
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WAL -MART 44 2 2' If
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McCOMBS FRANK ROOS. FIGURE 5
ASSOCIA TES, INC. TRAFFIC STUDY FOR
PROPOSED WAL-MART ' RECOMMENDED,
IN HASTINGS, MN ROADWA Y GEOMETRies
BENSHOOF & ASSOCIATES, INC. FOR GENERAL SIEBEN DR.. I
...... ..... ~ ~
, ...
. ---:.;:-
Mr. Greg Frank
-13-
May 24, 2001
CONCLUSIONS
'-~
Based on the information presented in this report, we have made the following
conclusions:
· On an avemge weekday, the initial Wal-Mart store with gasoline sales is
estimated to generate 677 net trips in the p.m. peak hour. The Wal-Mart store
with the four outlot uses is estimated to genemte 932 net trips in the p.ni peak
hour. The expanded Wal-Mart with the four outlot uses is estimated to
genemte 1,176 net trips in the p.m. peak hour.
· It is anticipated that the T.H. 55/GeneraI Sieben Drive intersection will .
operate at acceptable levels of service under both the 2003 scenarios and the
2005 scenario with no changes to the existing intersection geometries or
control. '
· Two way stop control will not provide adequate intersection operation levels
at the General Sieben Drive/Wal-Mart access intersection. Left turns onto
. General Sieben Drive will be difficult if two way stop control is used.
· All way stop control will provide acceptable levels' of service at the General
Sieben Drive/Wal-Mart access intersection under both the 2003 scenarios.
Under the 2005 Full Development scenario, ,difficulties wi111ikely develop if
all way stop control is maintained.
· The 2005 Full Development exceed the peak hour warrant volume threshold
at the General Sieben Drive/Wal-Martaccess intersection. With a traffic
signal, all movements at the intersection will operate at level of service B or
better.
· We recommend that an-way stop sign control be used initially at the G~neral
, Sieben Drive/Wal-Mart access intersection, with the volumes monitored as the
. areas develops to determine if intersection control changes are necessary.
I hearby certify that this plan, specification, or report
was prepared by me or under my direct supervision and
that I am a duly Registered Professional Engineer under
the d:)S+;U:ta
Date
<;/4~{ (I I
Reg. No. 2t{l.(<<(f
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BENSHOOF. & ASSOCIATES, INC.
, 'TRANSPORTATION ENGINEERS AND PLANNERS' "
" ~"
10417 EXCELSIOR BOULEVARD" SUlTElWO/HOPKlNS"MN 56343/ (952) 2S8-'687/FAX (SS2) 238-1671
FACSIMILE TRANSMITTAL
Date: May 25,. 2001
IOQ'No."
01-30
PLEASE DELIVER TBEFOLLOWlNG PAGE(S). TO:
Name:
Greg F~ank
763 476-8532
.'
Fax No.:
, · Dally Trip Generation Estimates for the,Proposed Wal-MartStore'in
HastiJ.tgs, MN .
Gr~&
. .
Let IJ:!.e know uyou have any questions on this information.
.......
SceuarlolLand Use Size l' oM. Peak Hour. . Dan,
TriDs In 1'nps Out
Initial WaI-Mart Store OnlY
Wal-Mart 149.551 sa. ft. -253 264 6372
Gaso.liDe sales J6 vfp I 80 80 1953
Totals 333 344 8315
IDitial Wal-Martnlus Outram .
Wal-Mart 149.551 SQ. it. 253 264 " 6372
Gasoline 88les . 16 vfP I 80 80 1953
, OUtlot A - Past Food Restauraat , 3.000 sq. ft. .47 43 1339.
Outlot B - Sit Down Restaurant 6,000 SQ. ft. 35 23 704-
Outlot C - Retail 5,000 SQ. it. 8 9 299
Outlot D - P.t FoOd Restaurant 3.000 sq, ft. 47 43 1339
Totals' , . .. 47Q 4Q 12006
ExrJuded WaI-Mart PlIlI Outlots
Wal-M'azt' 213.350 sa. it. 372- 389 9368 , ,
OasoJiu sales 16 vfDl ,80 80 1953
Outlot A ... Fut Food :a-..\QQt" 3.000 Ia. ft. ., 43 1339
Outlot,B - Sit Down Restaurant 6.000 sa.ft. .. 35" ' 23' 104
Ouclot C - Rotail 5.000 ICI. ft. a .. 9 " 299
Outlot D - Put Food Restaurant 3.000 sa. ft. 47, 43 ' : 1339
- .
Totals .. .589 .: 581 15002
".: ' Tml transmittal is being sent ~y: Ed Terhaar
.,
It you do not receive
1
pages, including this sheet. please caII9S2/23S-1667. .
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TOTAL t5:01'.'~
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Memo
VIII-C-12
To:
From:
Date:
Subject:
Mayor Werner and City Council
Matthew Weiland, City Planning Director
August 29, 2001
Dakota Summit Final Plat
Note: This item was tabled at the 8/20/01, 9/4/01, and 9/10/01 City Council meetings.
The City Council must act on the plat at the 9/17/01 City Council meeting as required by
state law. The action may be to approve, deny with findings of fact, or request a written
extension from the applicant.
Conzemius Dairy Farm has made application and requested final plat approval for 29 acres of
property located northwest of the intersection ofHWY 55 and General Sieben Dr. A site location
map is included in this memo. The final plat proposes to divide this property into 2 commercial lots
and one Outlot. This proposed development would include a 149,551 sq ft Wal-Mart retail store with
a future expansion space of 63,000 sq ft, a gas station, and 4 retail outlots totaling another possible
14,000 sq ft of retail space. This project may add a total of~53,350 sq ft of retail space ~o the City.
Included with this memo are the following: Final Plat, Land Use Application form, and a Site
Location Map.
This is a large project with numerous issues to discuss. The City has already spent a lot of time
meeting with the Developers and reviewing the project. Many recommendations and changes to the
proj ect have already been made prior to this meeting. This memo will outline and highlight the main
issues and concerns surrounding approval of this project.
Background Information
Comprehensive Plan Classification: The subject property is classified as Commercial in the City's
2020 Comprehensive Plan.
ZOnin2 Classification: The subject property has been re-zoned to C-4 Regional Shopping Center.
The proposed development would be a permitted use in this district.
1
Surroundin2 Properties: The new Hastings High School is being built north of this property, the
Dakota County Government Center is located east of the property, vacant farm land is located to the
west, and HWY 55 is located to the south.
Final Plat A0Jroval
Subdivision Ordinance Requirements: The submittal provided for the Dakota Summit Subdivision
meets subdivision ordinance requirements for a final plat submittal and addresses the preliminary
plat conditions. The preliminary plat has been approved by the Planning Commission. The City
Council tabled approval of the preliminary plat until 9/4/01. Final Plat approval is contingent on
preliminary plat approval by the City Council. The applicant is currently proposing to plat the
property into 2 lots and one outlot.
1. High School Plat: The Hastings High School Plat shall be recorded before this plat is
recorded. Approval of this preliminary plat is contingent upon the recording of the High
School Plat.
2. . Streets and Access: The main access to the property will be from General Sieben Dr. This
access will be built as an extension of the North frontage through the property from General
Sieben Dr to the western property line. There will be sidewalks constructed on both sides
of the street. This road is platted as a 40 ft public right of way in the final plat. This road will
allow future access to the west of this property. It is anticipated that the Developer will
design, finance and construct this road privately. This should be memorialized in a
development agreement between the Developer and-City which should be recorded against
the subject property. There will also be two separate accesses to 4th St W. All private drives
through the project will be privately built and maintained.
3. Trails and Sidewalks: There will be a 10 ft bike trail extended along the western side
General Sieben Dr. A sidewalk will be extended from the General Sieben Dr Bike Trail west
through the parking lot to the front of the Wal-Mart Store. Sidewalks will be constructed on
both sides of the North frontage road. A bike trail connection also extends from the General
Sieben Dr trail to the sidewalk in the retail outlot area. Bike racks should be placed at the
front of the store.
4. Site Grading & Storm Water Management: The stormwater plan has been reviewed and
approved by the Public Works Director with the following comments:
1. The stormwater plan shall be reviewed by BARR Engineering and any BARR
Engineering comments shall be incorporated into the stormwater plan.
2. The Developer shall be responsible for the costs of the BARR Engineering
stormwater plan review.
3. The storm water pond shall be sealed and the slopes of the pond shall not
exceed 5 to 1 slopes.
2
4. If the developer fences the pond, the fence shall be a decorative fence, subject
to the approval of the City Planner.
5. The developer shall provide documentation that common open space and
ponding basins shall be privately maintained by a development association
and not the city.
3. Utilities: The Public Works Director has reviewed the utility plans and has approved them
with the following comment:
1. A fire hydrant shall be placed within 50 ft of the "Y" connection on the rear
of the building.
4. Public Land Dedication/Sidewalk Trails: The Park land dedication fee for this
development is $1,500 per platted acre. This amounts to $ 33,795.0 for the 22.53 acres. The
park dedication shall be paid prior to the release of the final plat hard shells. The outlot will
be required to pay Park land dedication fees when it is platted.
5. Interceptor Sewer Fee: Per City Ordinance, a condition of this plat approval shall be that
the applicant shall pay 6 interceptor sewer charges per developable platted acre at a rate of
$310.00 per sewer interceptor charge. The sewer interceptor fee amounts to $41,905.80 for
the 22.53 acres being platted at this time. This fee shall be paid prior to the release of the
final plat hard shells. The outlot will be required to pay sewer interceptor fees when it is
platted.
6. Drainage and Utility Easements: Drainage and Utility easements on the final plat hard
shells shall be modified as follows:
1. The drainage and utility easement along the southern property line of outlot
A shall be increased 20 ft.
7. Sidewalk and Trail Easements: The following Sidewalk and Trail Easements shall be
prepared as part of the final plat.
1. 10ft sidewalk/trail easements shall be prepared for the north and south side
ofthe North Frontage Rd Right of Way.
2. 10ft Trail easements shall be prepared for the bike trail long the eastern
property line, where the bike trail is located out of the public right of way.
8. Road Improvements: The City had planned on resurfacing General Sieben Dr this year (2001)
and adding bike trails to both sides of the street. The City has decided to postpone the road
construction until next summer (2002), based on the impacts of the new retail development.
The new retail development will involve a major road reconstruction with the addition of
turn lanes. The additional right of way (14 ft) needed for the road improvements will come
form the Dakota Summit Plat. This additional right of way shall be identified on the final plat
as General Sieben Dr right of way. No retail development on the Dakota Summit property
will be allowed to open to the public, until the road improvements have been constructed.
The cost for the new road improvements shall be agreed to in the development agreement.
3
A bike trail may still be constructed on the eastern side of the road this year (2001), if trail
easements can be obtained form Dakota County.
9. Traffic Issues: Traffic is a major concern for this project. A traffic study was done as part
ofEA W for this project (enclosed). The traffic study outlined recommendations for traffic
control in this area as the project is developed. The main traffic issue is for people leaving
the Dakota County Government Center. People will have a difficult time taking a left turn
south to Hwy 55. This movement fails after the first phase of development. Over time,
people willleam to use the other exit north of the main access to go left. The traffic study
did recommend an all-way- stop for this intersection, but the City and County do not agree
with this recommendation. This could create major peak hour traffic problems. The
intersection would meet warrants for a traffic signal at full development, but this also
presents issues for peak hour travel. The City is currently working with the County to resolve
this traffic issue.
The inter~ection of General Sieben Dr and HWY 55 continues to operate at a level of service
"C" or better through full development of the property.
Traffic Controls: A traffic signal may ultimately be installed as part ofthis proposed development.
The proposed signal would be installed at the intersection of the main access (north frontage Rd
access) and General Sieben Dr. The Traffic Study has demonstrated that this signal may be required
at some point in time based on full development of the project. The timing of when these signals
get installed it as the discretion of the City. The cost and timing of these traffic signals should be
addressed as part of the development agreement. Wal-Mart has agreed to pay for the full cost to
install a traffic signal before the store opens. Further study needs to be completed to evaluate the
impact of a traffic signal on peak high school and government center traffic.
The Planning Commission recommended that a traffic signal should be installed before the
Wal-Mart store is opened on the site and that Wal-Mart should pay for the traffic signal,
subject to the approval ofthe City, Dakota County, and the High School. City stafIhas still not
concluded that a traffic signal is necessary for this project. The concern is to keep the peak
hour traffic form the high school and government center moving safely and efficiently. The
City will have a year before any development opens on this site, to monitor and study the high
school and government center traffic.
10. EA W Issues: A number of issues were raised as part ofthe EA W for this project. The main
concerns were with traffic and the geology in the area. Dakota County raised the following
concerns:
The EA W states that groundwater was not encountered in the soil borings conducted to depths 0120
feet. The geotechnical borings were not provided for review, No environmental borings were
conducted, and no other environmental investigations were considered. The property's pre-
development surface elevation ranges from 920 feet above mean sea level (amsl) on the southwest to
890 feet amsl on the northeast. The estimated elevation of the unconfined Prairie du Chien dolostone
aquifer is about 720 feet amsl, with approximately a northeasterly gradient.
4
The EA W does not address the possibility of subsurface karst landforms on the proposed development
property, such as sinkholes and solution cavities. Although no such phenomena are known to be
located on the property, they are known to exist 1/4- mile east at the Dakota County Government
Center. Based on the above comments, the structural stability of buildings, tanks, utility runs, etc.,
should be evaluated. Surface geophysical surveys followed by ground-truthed borings, wells and
trenches may better evaluate such potential site hazards.
The developer has provided detailed soil boring analysis which addresses
Dakota County's concerns. The developer will be required to address the
County's concerns before grading permits are issued.
11. Site Plan Review - Future development on the property shall obtain Site Plan approval from
the City prior to issuance of any building permits.
12. Outlots: Outlots shall be re-platted before they can be developed.
Plannin2 Consideration: This final plat is consistent with the City's 2020 Comprehensive Plan.
It provides future road connections to the west, which will eliminate access from HWY 55. The
traffic issues along General Sieben Dr can be addressed as part of any development of the property.
Planning Commission Recommendation: The Planning Commission recommended approval
ofthe Dakota Summit Final Plat at their 8/27/01 Planning Commission meeting, subject to the
conditions listed below.
Recommended Action:
Final Plat Approval
Motion to recommend approval of the Dakota Summit Final Plat, subject to the following
conditions:
1. That the Hastings High School Plat shall be recorded before this plat is recorded.
2. That final plat approval is contingent upon preliminary plat approval by the City
Council.
3. The stormwater plan shall be reviewed by BARR Engineering and any BARR
Engineering comments shall be incorporated into the stormwater plan.
5. The Developer shall be responsible for the costs of the BARR Engineering
stormwater plan review.
6. That the storm water pond shall be sealed and the slopes of the pond shall not exceed
5 to I slopes.
6. That Ifthe developer fences the pond, the fence shall be a decorative fence, subject
to the approval of the City Planner.
7. The developer shall provide documentation that common open space and ponding
basins shall be privately maintained and not the city.
5
8. All disturbed areas on this property shall be stabilized with appropriate cover to
eliminate erosion problems.
9. The disturbed areas of the site shall be maintained to the requirements ofthe City's
property maintenance ordinance.
10. That a fIre hydrant shall be placed within 50 ft of the "Y" connection on the rear of
the building.
11. That park dedication fees of$ 33,795.00 for the 22.53 acres, shall be paid prior to
the release of the fmal plat hard shells. Outlot A will be required to pay park
dedication fees when it is platted.
12. That the Developer shall incorporate MNDOT's comments into the preliminary plat
or site plan.
13. That the developer shall pay 6 interceptor sewer charges per developable acre at a
rate of$310.00 per sewer interceptor charge. These fees amount to $41,905.80 for
the 22.53 acres being platted at this time. This fee shall be paid prior to the release
of the final plat hard shells. Outlot A will be required to pay sewer interceptor fees
when it is platted.
14. That the Developer shall obtain Site Plan approval from the City prior to issuance of
any building permits for any future proposed developments on property.
15. That Drainage and Utility easements on the final plat shall be modified as follows:
2. The drainage and utility easement along the southern property line of outlot
A shall be increased 20 ft.
17. That the following Sidewalk and Trail Easements shall be prepared as part of the final
plat.
1. 10ft sidewalk/trail easements shall be prepared for the north and south side
ofthe North Frontage Rd Right of Way.
2. 10ft Trail easements shall be prepared for the bike trail long the eastern
property line, where the bike trail is located out ofthe public right of way.
18. That no retail development on the Dakota Summit property will be allowed to open
to the public, until the General Sieben Dr road improvements have been constructed.
19. That the cost for the General Sieben Dr road improvements shall be agreed to in the
development agreement.
20. That a traffic signal should be installed before the Wal-Mart store is opened on
the site and that Wal-Mart should pay for the traffic signal, subject to the
approval oftheCity, Dakota County, and the High School. This shall be agreed
to in a development agreement
21. That the developer shall address Dakota County's concerns about the geology of the
property, prior to the City issuing grading permits.
22. That the gas station shall obtain a special use permit as part of the site plan approval
for the gas station.
23. That the Developer shall be required to replat outlots before they may be
developed
6
24. That the Developer shall enter into a Development Agreement with the City to
memorialize conditions of preliminary plat approval and that the executed
Agreement shall be recorded against the subject property prior to issuance of
an grading and/or building permits.
7
,<f,
LAND USE APPLICATION
CITY OF HASTINGS.,'
101 4th Street East, Hastings, MN 55033
Phone (651)437.4127 Fax (051)427.7082
Address of Property Involved: SOUllDlEST CORNER OF GENERAL SIEBEN DRIVE & WEST ~TH STREET
Legal Description of Property Involved:
(ATTACHED)
Applicant:
. Name
Address
Owner (If different from Applicant):
Name NICK CONZEMIUS ET AL
Address 12~ FARM STREET
,_, !.o.,.
Official Use Only
Date Rec'd
'File No.
Fee Paid
Rec'd by
Ordinance #
Section
A . Com.
Phone
Fax
CONZEMIUS DAIRY FARM
124 FARM STREET
HASTINGS, MN 55033
.. 651-437-6809..
952-831-8023
ATTN: NICK CONZEMIUS
Phone
. Fax
J.lA<;:TINr:<;:1 MY c;c;n~~
651-437-6809
952-831-8023
Special Use: $200 (GAS STATION AND TIRE/LUBE ON STORE)
Subdivision: $320 (PRELIMINARY AND FINAL PLAT)
Vacation: $100 (RIGHT-OF-WAY 01J) FRONTAGE ROAD)
Other: . (CONCEPT PLAN FOR OUTLOT) .
TOTAL: $1,070
Request:
Rezone: sZso CC-4 FROM AGl
Comp Plan Amend: NtA
Site Plan: $200 (RETAIL STORE ON LOT 1, BLOCK 1)
Variance: N/A
Description of Request (include site plan, survey, and/or plat if applicable):
REZONE 29-ACRE PARCEL TO C-~ (PER LAND USE PLAN) FROM AG; PRELIMINARY AND FINAL PLAT FOR 29-ACRE
PARCEL INTO ONE 24-ACRE LOT AND ONE 5-ACRE OUTLOT; SITE PLAN FOR 24-ACRE PARCEL FOR A RETAIL
STORE AND A SPECIAL USE PERMIT FOR THE RETAIL STORE SITE FOR GASOLINE SALES AND TIRE/LUBE
EXPRESS (AUTOMOTIVE SERVICE); CONCEPT PLAN FOR 5-ACRE OUTLET PARCEL; AND VACATION OF
RIGHT-OF-WAY.
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Memo
VllI-C-13
To:
Mayor Wemer and City Council
From:
Matthew Weiland, City Planning Director
Subject:
Site Plan Review - Wal-Mart
Date:
CC:
September 13, 2001
Greg Frank
Note:-This item was tabled at the 8/20/01,9/4/01 and 9/10/01 City Council meetings.
Action should not be taken on the site plan until action has been taken on the prelim/f"mal
plat for Dakota Summit.
Wal-Mart has made application and requested site plan approval for the construction of a new
149,551 sq ft Wal-Mart Store on 23.64 acres of property located North of Highway 55 where it
intersects General Sieben Dr. A site location map is included in this memo. The Wal-Mart Store
would include a garden center, a tire and lube center, and a gas station. A Master -Plan and
Preliminary Plat are also being reviewed for this property. Approval of the Wal-Mart Site Plan will
be contingent upon the approvals of these items.: Some of the-information included in this memo was
also included in the memo pertaining to the Master Plan and Preliminary Plat. This memo will also
focus on Wal-Mart specific related issues.
Included with this memo are the following: Site Plan, Preliminary Plat, Land Use Application form,
and a Site Location Map.
Back2round Information:
Comprehensive Plan : The subject property is guided for Commercial use in the City's 2020
Comprehensive Plan. The proposed Wal-Mart Store development is a consistent and permitted use
for this land use.
Zonin2 Classification: The subject property has been re-zoned to C-4 Regional Shopping Center.
The proposed development would be a permitted use in this district.
Surroundin2 Properties: The new Hastings High School is being built north of this property, the
Dakota County Government Center is located east of the property, vacant farm land is located to the
west, and HWY 55 is located to the south.
Zoning Setback requirements: Proposed parking areas are in compliance with zoning ordinance
parking lot setback requirements (10' minimum frontlback and from residential uses). Building
. .
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Wal-Mart
Page 2
August 16,2001
setbacks in the C-4 Zone District are established through site plan review. . It is the opinion of staff
that the proposed building is rationally sited relative to other structures in the general area. The
proposed uses and lot layout are appropriate. The retail outlots on the front of the site will buffer and
break up both the large building and parking lots. The ponding basin to the north also provides a
green space buffer between this development as it transitions into the high school campus.
Number of Parkin2 Spaces: The Zoning Ordinance standard of 1 parking space per 200 sq. ft. of
gross building area for general retail use would translate into a need for 748 parking spaces. The
applicant is providing 717 regular stalls and 12 handicap stalls for a total of729 stalls. Staff would
recommend that this number of parking spaces is adequate for the development at this time. There
is plenty of expansion area left for future parking.
Traffic Circulation Issues: Traffic Circulation within the site flows well. There is one.main access
to General Sieben Drive and two accesses to 4th St W. The North Frontage Rd extension through
the property will allow future connections to the property to the west.
Road Improvements: The City had planned on resurfacing General Sieben Dr this year (2001) and
adding bike trails to both sides of the street. The City has decided to postpone the road construction
until next summer (2002), based on the impacts of the Wal-Mart development. The Wal-Mart will
require major road changes to General Sieben Dr, including the addition oftum lanes. Wal-Mart will
not be allowed to open to the public, until the road improvements have been constructed.
Traffic Issues: Traffic is a major concern for this project. A traffic study was done as part ofEA W
for this project (enclosed). The traffic study outlined recommendations for traffic control in this area
as the project is developed. The main traffic issue is for people leaving the Dakota County
Government Center. People will have a difficult time taking a left turn south to Hwy 55. This
movement fails after the first phase of development. Over time, people willleam to use the other exit
north of the main access to go left. The traffic study did recommend an all-way stop for this
intersection, but the City and County do not agree with this recommendation. This could create
major peak hour traffic problems. The intersection would meet warrants for a traffic signal at full
development, but this. also presents issues for peak hour travel. The City is currently working with
Dakota County to resolve this traffic issue. This intersection traffic issue must be addressed before
building permits are issued.
The intersection of General Sieben Dr and HWY 55 continues to operate at a level of service "C"
or better through full development ofthe property.
Traffic Controls: A traffic signal may ultimately be installed as part of this proposed development.
The proposed signal would be installed at the intersection of the main access (north frontage Rd
access) and General Sieben Dr. The Traffic Study has demonstrated that this signal may be required
at some point in time based on full development of the project. The timing of when these signals
get installed it as the discretion ofthe City. The cost and timing ofthese traffic signals should be
Wal-Mart
Page 3
August 16, 2001
addressed as part of the development agreement. Wal-Mart has agreed to pay for the full cost to
install a traffic signal before the store opens. Further study needs to be completed to evaluate the
impact of a traffic signal on peak high school and government center traffic.
EA W Issues: A number of issues were raised as part of the EA W for this project. The main
concerns were with traffic and the geology in the area. Dakota County raised the following
concerns:
The EA W states that groundwater was not encountered in the soil borings conducted to depths 0120
feet. The geotechnical borings were not provided for review. No environmental borings were
conducted, and no other environmental investigations were considered. The property's pre-
development surface elevation ranges from 920 feet above mean sea level (ams/) on the southwest to
890 feet amsl on the northeast. The estimated elevation of the unconfined Prairie du Chien dolostone
aquifer is about 720 feet amsl, with approximately a northeasterly gradient.
The EA W does not address the possibility of subsurface karst landforms on the proposed development
property, such as sinkholes and solution cavities. Although no such phenomena are known to be
located on the property, they are known to exist 1/4- mile east at the Dakota County Government
Center. Based on the above comments, the structural stability of buildings, tanks, utility runs, etc.,
should be evaluated. Surface geophysical surveys followed by ground-truthed borings, wells and
trenches may better evaluate such potential site hazards,
The developer has provided detailed soil boring analys!s .which addresses Dakota County's
concerns. The developer will be required to address the County's concerns before grading
permits are issued.
Sanitary, Water, Storm Sewer and Gradin2 Plans: The Public works Director has reviewed the
proposed grading and utility plans for Wal-Mart and has approved them in concept.
Li2hting: The lights proposed for the Wal-Mart Parking Lot must be recessed with 90 degree cutoff
shields to direct light straight down. Staffhas visited other recently developed Wal-Marts sites and
have found the proposed lighting to be consistent with the approach to site lighting used in other
communities.
Site Landscapin2: The Landscape plan compliments the site and the building. There are trees
proposed to be planted in the parking lot islands which will help break up the large parking lots and
will also help to the parking lot cool as they mature. The entire eastern and southern parts of the
building are buffered with 6-8 pine trees which softens the large walls. The ponding basin is being
planted with a wetland seed mix of native vegetation. This is working successfully in WoodbUry
ponds. The Planning Commission also recommended replacing the sod in the future expansion areas
with native vegetation. The main reason for this is to cut down on irrigation in order to conserve
water. City staff would recommend the following additions to the landscape plan to further
enhance and buffer the development.
1. Landscaping shall be irrigated.
~
Wal-Mart
Page 4
August 16, 200 I
2. Future expansion areas shall be evaluated to be planted with native and natural
vegetation instead of sod.
3. Foundation plantings shall be added to the front of the building.
Retainin2 Walls: A retaining wall be built along the eastern property line along General Sieben Dr.
This retaining must have a fence along the top of it. The fence should be a decorative fence
matching the garden center rod iron fence.
Trail Connections: There will be a 10ft bike trail extended along the western side General Sieben
Dr. A sidewalk will be extended from the General Sieben Dr Bike Trail west through the parking
lot to the front of the Wal-Mart Store. A bike trail connection also extends to the sidewalk in the
retail outlot area. Bike racks should be placed at the front of the store.
Building Elevations: City staff has worked hard with Wal-Mart to create a building that
compliments and enhances the buildings in the area. This is a sensitive location with two large well
designed public buildings in the area. This building will become a part of the institutional campus.
The developers are proposing an all brick building to compliment the brick buildings in the area.
The brick and accent banding extends around the entire building. Columns that extend above the
roof line have been added to the front of the building to break up the long walls and roof lines. The
loading dock area is screened by a large screening wall built in the same materials as the primary
building.
Waste Disposal: The dumpsters are screened form view with a screening wall built from the same
materials as the primary building. No outdoor storage shall be allowed on site, unless it is screened
from public view with screening walls built from the same materials as the primary building.
Gas Station: The gas station shall be required to obtain a special use permit as part ofthe site plan
approval for the gas station.
MNDOT (Minnesota Department of Transportation): The city is currently waiting for comments
from MNDOT on the proposed site plan. MNDOT has review. authority over property adjacent to
their right of way. It is anticipated that since this project has no direct connection to HWY 55, that
MNDOT's comments will focus on the traffic issues and signals and not on the actual site plan. A
condition of site plan approval will be to incorporate any ofMNDOT's comments into the site plan.
Wal-Mart Relocation Concerns: City Staff and the City Council have been receiving numerous
concerns from citizens about the project. They are concerned about why Wal-Mart is moving and
what will happen with the existing Wal-Mart location. Wal-Mart representatives will address these
concerns at the Planning Commission and City Council meetings. The City may ask for these
questions to be addressed, but must base the decision on the new Wal-MArt site plan on the merits
Wal-Mart
Page 5
August 16, 200 I
and issues of the new location only. Wal-Mart has indicated to City staff that they are actively
marketing the building for a new tenant.
Eco Wal-Mart - There is an enclosed memo that outlines ECO Wal-Mart strategies used in their
buildings. The building will use an innovative lighting and heating system to conserve energy. The
developers will explain these innovations further at the meeting.
Wal-Mart Petition: A petition opposed to Wal-Mart is enclosed. There are no addresses, so the
residency of the petitioners could not be verified.
Wal-Mart Information: A packet ofWal-Mart information is enclosed addressing their reasons for
moying and their plans for the existing store.
Summary: The proposed Wal-Mart Store is well designed and is located in an appropriate location
to handle the increased traffic it will cause. The traffic issues associated with the project would have
to be addressed as part of any development ofthe property. The traffic issues can be addressed with
Dakota County. This property was guided commercial for a project like The infrastructure is in
place to serve this project and the traffic caused by this development can be adequately handled with
the existing traffic signals in place and possible future installation of a traffic signal.
Public comment: Please refer to the attached minutes of the _8/13/01 Planning Commission meeting
to review public comment. Most comments revolved around the impact ofWal-Mart moving.
Planning Commission Recommendation: The Planning Commission recommended approval
of the Wal- Mart Site Plan at their 8/13/01 Planning Commission meeting, subject the
conditions listed below. Upon vote taken, Ayes 7, Nays o. Motion carried.
Recommended Action:
Wal-Mart Site Plan
Motion to the approval of the Wal-Mart Site Plan subject to following conditions:
1. That the property is rezoned to C-4 Regional Shopping Center
2. That the property is final platted.
3. That the Developer shall incorporate MNDOT's comments into the preliminary
plat or site plan. .
4. That the Wal-Mart store shall not be allowed to open to the public, until the
General Sieben Dr road improvements have been constructed.
. >
Wal-Mart
Page 6
August 16, 200 I
5. That the traffic issues with Dakota County shall be resolved, before building
permits are issued.
6. That the landscape plan shall be modified as follows, subject to the approval of
the City Planner.
a. Future expansion areas shall be evaluated to be planted with
native and natural vegetation instead of sod.
1. Foundation plantings shall be added to the front of the building.
7. That a decorative rod iron fence matching the garden center rod iron fence shall
be placed along the top of the retaining wall.
8. That bike racks shall be placed at the front of the store.
9. That no outdoor storage shall be allowed on site, unless it is screened from
public view with screening walls built from the same materials as the primary
building.
10. That the gas station shall obtain a special use permit as part of the site plan
approval for the gas station.
11. That the proposed structure and accessory items including, but not limited to,
the parking lot and landscaping shall be completed pursuant to the approved
site plan. Upon request for occupancy of the building, all uncompleted items
contained within the site plan shall be addressed pursuant to city code escrow
requirements.
12. Landscaping shall be irrigated.
.-d
'... .
LAND USE APPLICA TI0N
.,~
CITY OF HASTINGS',,"
101 4th Street East, Hastings"MN 55033
Phone (651)437.4127 Fax (051)427.7082
Address of Property fuvolved: SOUTHWEST CORNER OF GENERAL SIEBEN DRIVE &. WEST 4TH STREET
Legal Description of Property fuvolved:
(ATTACHED)
,- ,
!. t;. ,
Official Use Only
Date Rec'd
'File No.
Fee Paid
Rec'd by
Ordinance #
Section
App. Com.
Applicant:
Name
Address.
CONZEHIUS DAIRY FARM
124 FARM STREET
HASTINGS, MN 55033
651-437-6809. .
952-831-8023
ATTN:NICK CONZEMIUS
Owner (If different from Applicant): ~
Name NICK CONZEHIUS ET AL
Address 124 FARM STREET
Phone
Fax
Phone
Fax
~A~TINr.~ MN ~~n~~
-.
651-437-6809
952-831-8023
Special Use: $200 (GAS STATION AND TIRE/LUBE ON STORE)
Subdivision: $320 (PRELIMINARY AND FINAL PLAT)
Vacation: $100 (RIGHT-OF-WAY 01J) FRONTAGE ROAD)
Other: .' (CONCEPT PlAN FOR OUTLOT) .
TOTAL: $1 ,070
Request:
Rezone: $150 (C-4 FROM AG)
Comp Plan Amend: N/A
Site Plan: $200 (RETAIL STORE ON LOT 1, BLOCK 1)
Variance: N/A
Description of Request (include site plan, survey, and/or plat if applicable):
REZONE 29-ACRE PARCEL TO C-4 (PER lAND USE PlAN) FROM AG; PRELIMINARY AND FINAL PLAT FOR 2~-ACRE
PARCEL INTO ONE 24-ACRE LOT AND ONE 5-ACRE OUTLOT; SITE PLAN FOR 24-ACRE PARCEL FOR A RETAIL
STORE AND A SPECIAL USE PERMIT FOR THE RETAIL STORE SITE FOR GASOLINE SALES AND TIRE/lUBE
EXPRESS (AUTOMOTIVE SERVICE); CONCEPT PLAN FOR 5-ACRE OUTLET PARCEL; AND VACATION OF
RIGHT-OF-WAY.
5"- Z-j. -t) I
Date
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Applicant Name and Title - Please Print
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Planning Commission Members,
We are a group of citizens concerned with the purposed over
retailing of our community, and the expansion of "Supercenter
Sprawl" in Hastings. In this letter we will present many reasons to
oppose and/or postpone the proposed development of Dakota
Summit.
1. Traffic that is generated by a Supercenter, in deliveries alone,
can be up to 210 multi-axle trucks per week. That doesn't even
take into consideration employee and consumer traffic, which
constitutes a considerably large number of vehicles, as well. In an
area that is going to house our new Senior High School and already
houses the County Courthouses and Jail, the added traffic will
create several dangerous intersections. The addition of traffic
control devises will only slow down and congest an already busy
road (MN State Hwy 55), and who is to bare the expense of all the
changes?_ We just want a smarter kind of retail!
2. A large retail expansion like "Dakota Summit" brings more
crime to our community, and the need for more public safety
personnel. Who will bare the cost of additional police
officers/equipment to handle the need?
3. What are the plans for the existing Wal-Mart building and
mall area? Is it to be like anyone of hundreds cities across
America, where Wal-Mart vacates a building and it sits empty, and
litters our landscape? What will happen to the other businesses
that occupy the rest of the Mall? Do you really think: they will
survive without the traffic W ai-Mart provided for them? The
writing is on the wall from one community to another across
America, those businesses will not survive unless another large
anchor tenant enters the picture, and that's not very likely with a
WaI-Mart Supercenter in town.
4. A Wal-Mart Supercenter will not bring any new products or
services to Hastings which aren't already present. It will only add
a predatory competitor to the business community. W al- Mart is
one of the wealthiest companies in the world, (St Paul Pioneer
Press June 22, 200 1 listed the top ten wealthiest people in the
United States and 5 of those people are Waltons, the owners of
Wal-Mart) and it will use it's money to target and destroy existing
businesses in the community. It has happened in hundreds of cities
across the country. Here is a comment made by Glenn Falgoust,
about Donaldsonville, Louisianna to 60 Minutes, April 30, 1995;
"In the ten years before Wal- Mart opened, we had a total of 20 '--_._
business failures. In the ten years after Wal-Mart was here, we had
185 business failures. You could buy a bicycle in eight locations in
this town. Today, if you want to buy a bicycle, you can only buy it
at Wal-Mart.1
Is it the plan to let Wal- Mart come in and destroy the existing
business community? Lets look at the list .ofbusinesses that will
b~ affected by Wal- Mart, PharmacieslDrug Stores, Automotive
Stores, Eye Care Retailers, Gas Stations, Office Supply Stores,
Sporting Goods Stores, Hardware Stores, Grocery Stores, Jewelry
Stores, Farm and Home Stores, Furniture Stores, Pet Stores,
Appliance Stores, and the list goes on. All of these businesses
provide jobs that in many cases are living wage providers (owners
and full time employees). Wal-Mart employees are compensated
at sub standard wages and benefits, and few positions are of the
level that would be considered a living wage. Here is a quote from
Ed Boyle, Mayor of North Olmsted, Ohio on October 25th 1997;
"They claim retail rezoning will bring jobs and tax income to our
community. These are part-time, minimum wage jobs that produce
very little in income taxes." 1
Now, after we have lost all these existing businesses/jobs
what happens to the tax base in Hastings? Citizens lose jobs/
income, housing market is destroyed because without income
people will be forced to sell homes and move or down size. With a
glut of houses on the market the value drops which reduces
property taxes. As businesses fail the value of commercial
property will fall and again property taxes decline. Will the Wal-
Mart Supercenter replace the lost revenues? Not a chance!
Lets go back and look at another Wal-Mart tactic, once they
have eliminated the competition the prices will begin to rise. You
only have to drive two hours North of Hastings to the community
of Little Falls. Once the competition was eliminated the prices
began to go up. This is evident when you drive another 45 minutes
further North to Brainerd where some competition is barely
holding on. The prices there are considerably lower.
5. Typically Wal-Mart only stays around long enough to gain
control of the local business and then they move along (about 8-10
years on average). Leaving another empty blue box and moving
just far enough to destroy more businesses, but not lose the
customer base they have already gained. _Again Hastings would be
on the losing end, because now they (Wal-Mart) are in another
community and are paying property taxes etc. there.
Archer Hoyt, Past President, Hearne, Texas Chamber of
Commerce had this to say in October of 1993;
"They destroyed all of their competition and now we can not get
anyone to reopen here. We have no place to buy a man's dress
shirt, blue jeans for men...They have also pulled.out of other towns
since then. They are not as stable as they would lead you to
believe.".
6. Hastings is a wonderful classic Midwest small town with
steady growth in both housing and business. Why should we allow
it to be destroyed by a company that is not even based in
Minnesota? All of it's income is sent to Bentonville, Arkansas,
and will not benefit Hastings one tenth as much as the existing
Hastings owned businesses. In June of 1988 Harry Hammond,
Mayor of Europa, Mississippi, had this to say; "It's devastated our
downtown. The mom and pops are closed up ...overall I'd hav.e to
say it's been a negative for our town.''t
Hastings has a business community that is growing at a rate
comparable to its population growth. Our downtown area is quaint
and businesses have done remodels and face lifts to accent our
historic buildings. Why should we sacrifice it for a big out of
town/state business?
7. When Iowa State University Professor Ken Stone examined
the sales changes in Iowa small towns from 1983 to 1993, he
discovered "a huge shift of sales to larger towns and cities, with
substantial amounts captured by mass merchandise stores." Stone
estimates that the total number of businesses lost in small towns
and rural areas was 7,326 in the decade studied. Iowans spent
$425 million more at discount stores, but $153 million less at
variety stores, $129 million less at grocery stores, $94 million less
at hardware stores, $47 million less at m~~'s and boy's apparel
stores, and so on. In the eleven store types studied, businesses lost
more than $603 million in sales. In this ten year period, Iowa lost:
555 Grocery stores
298 Hardware stores
293 Building supply stores
161 Variety stores
158 Women's apparel stores
153 Shoe stores
116 Drug stores
111 Men's and boy's apparel stores 1
Is this the bandwagon Hastings wants to get on?
8. Let's look at other "Big Box" retailers, Target came to
Hastings about a year ago. Why didn't they put a Supercenter in
Hastings? It doesn'tfitl The demand is not here. They knew
Hastings didn't need a large Supercenter, and they were right. You
can go into the Hastings Target at just about any time of day and
not have to wait in check out lines. The need is not here, and it.
wasn't Targets plan to enter a community and destroy the existing
businesses, like W ai-Marts do. They brought an appropriate sized
store to town so as to compliment and enhance the community, not
ruin it.
How do we as Citizens, Planning Commission Members, and
Council Members stop this Superstore Sprawl?
Before land is rezoned we need to look at all the effects it will have
on the community, environment, economy, safety and quality of
life. Many communities are setting build size limits (e.i. 100,000
sq. ft) to make the Supercenter more compatible with existing
businesses, and allow for controlled growth. This
rezone/development needs to be tabled until all the necessary
studies and plans are in place to proceed sensibly. Every member
of the Planning Commission and City Council should do some
background research on Supercenters (one example would be to
read AI Norman's book Slam-Dunking Wal-Mart! How You Can
Stop Superstore Sprawl in Your Hometown). There are many
other studies and articles written on the problems caused by
superstore sprawl dating from the 1980s to the present, but none
written on the great benefits that superstores provides for a
community. Communities as close as Apple Valley and Northfield
have stopped Supercenters from being built.
We would like to end with a couple more quotes from
citizens of other communities that have been affected by
Supercenter;
"Growth must come at a pace that a community and its residents
can sustain, and in a location and manner that compliments the
integrity of a community. If Wal- Mart can conform to these
community needs, its welcome. If not, we are not interested in
letting it open its doors."
Stan Cox, Simcoe, Ruidoso, Canada, 1995 1
"What the residents are objecting to is a powerful, monied
corporation that is absolutely insensitive to the needs of the
neighborhood and only interested in making money trying to use
its wealth and legal power to push onto this neighborhood a
commercial venture that wasn't ever intended."
Sheila Slomski, Mesa Arizona, January 1999 1
Please help keep Hastings a community we can all prosper in and
be proud of. Thank you!
1 Slam-Dunking Wal-Mart, How You Can Stop Superstore Sprawl
In Your Hometown, by Al Norman Raphel Marketing 1999.
II
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SUBJECT: ECO Wal-Mart Stores
1. Daylighting (skylights/dimming):
Every facility Wal-Mart builds today from the ground up includes this system. No other big
box or national retailer that Wal-Mart is aware of has a similar system. (Some manually turn
offlights, or some automatically turn off some lights, but no one that Wal-Mart knows of
automatically and continuously, dims all of the lights as the daylight contribution increases).
This system was first utilized in City offudustry, California (1995), which was a project
whereby Wal-Mart collaborated with Southern California Edison and the California Energy
Commission on testing systems to decrease utility requirements. Currently, across the United
States, we have nearly 600 stores, supercenters, Sam's Clubs, and Neighborhood Markets
with this system (Nearly 90,000,000 square feet). Currently this results in an annual savings
of approximately 250 million KWH or 16 million dollars in utility savings per year to this
system. This is enough power to supply 23,000 homes for approximately one year. We will
add/convert another 200-300 facilities each year.
2. Energy efficient HVAC units:
W aI-Mart utilizes "super" high efficiency packaged HV AC units. While the industry
standard EER (Energy Efficiency Ratio) is 9.0... our units are rated at between 10.0 and
11.0. These units range between 4-17% more efficient than required by California Title 24,
the most stringent energy code in the country.
3. White Roofs:
Wal-Mart has a "white" membrane roofvs. most applications that are a darker color. The
high solar reflectivity of this membrane results in lowering the "cooling" load by about 8%.
4. Interior Lighting retrofit program:
All new stores/supercenters utilize T -8 fluorescent lamps and electronic ballasts. This is the
most efficient lighting system on the market. Prior to the mid 90s this technology did not
exist. Wal-Mart is aggressively retrofitting these older stores and upgrading to the new
technology. Our plans are to retrofit approximately 300-400 stores this year. The energy load
is reduced by approximately 15-20% as a result of this upgrade.. (I may also mention as part
of this discussion our use of "low-mercury" lamps.... these lamps, unlike all other fluorescent
lamps, are not considered to be a hazardous material and are considered to be very" green
friendly".... they can be disposed of with no special precautions. However, out of concern for
the environment and the well-being of our associates, Wal-Mart have volunteered to recycle
these lamps anyway instead of simply placing them in a landfill.)
5. How Wal-Mart compares with California Title 24 energy requirements:
The bottom line is that even compared against California's Title 24, Energy Efficiency
Standards (the most aggressive of any state) our buildings are well below the stated
guidelines. Wal-Mart did not have to make any special modifications .in order to comply
with Title 24. The specifics are: From a cooling load standpoint, our prototypes range from
being anywhere between 16% and 24% more efficient than required by Title 24. Our HV AC
units range anywhere from 4% to 17% more efficient than required by Title 24. Our interior
lighting is 30% more efficient than what is required by Title 24. Self-generation tests: Wal-
Mart is currently working with San Diego Gas & Electric in testing the potential for self-
generation at a Sam's Club in Chula Vista, CA. The ultimate goal would be for this facility
to be completely self-supported from an electrical standpoint.
6. Comparison of interior lighting load levels against other big box users:
Our studies show that our energy requirements for interior lighting are between 25-35% less
than our other big box SuperCenter competitors. (Results would be similar for standard
General Merchandise stores).
7. Efforts exclusive in SuperCenters:
Wal-Mart uses (reclaim) the "heat of rejection" from our refrigeration equipment to generate
hot water. This eliminates 3-80 gallon hot water heaters per facility. This saves about $2,300
per year per location. The doors on our refrigerated cases implement a computerized anti-
sweat feature;... so that the system only "kicks on" and utilizes energy when conditions
warrant, vs. most systems that simply run all the time. This saves about $11,000 per year per
location. Wal-Mart "actively" de-humidify our grocery facilities to reduce energy load
associated with defrost cycles. The industry standard humidity level in a grocery facility is
55%,.... Wal-Mart maintains 45%. Most other grocers "passively" de-humidify with their
Ale system,.., Wal-Mart "actively" removes moisture with a dedicated dehumidification unit.
This saves us about 7% in refrigeration energy or about $11,000 per year per location.
Wal-Mart: Taking care of customers and communities
Wal-Mart Stores, Inc. believes that each of its discount stores, Supercenters,
Neighborhood Markets, SAM'S CLUBS and distribution centers should contribute to the
well being of the local community. Through the company's Good. Works. community
involvement program last year, Wal-Mart associates at more than 3,000 locations raised
and contributed $190 million to support communities and local non-profit organizations.
FORTUNE magazine has named Wal-Mart the 3rd most admired company in America
and one of the 100 best companies to work for in America.
And, for the second consecutive year, Americans named Wal-Mart as the company they
think of first in supporting local causes and issues, according to Cone, Inc.
Education
· Wal-Mart is one of the leading supporters of education in the United States.
Last year, Wal-Mart invested.$7.3 million in individual college scholarship
programs, providing funds for its own associates, local communities and African-
American and Hispanic students. In addition, since 1979, Wal-Mart has
contributed more than $77 million in scholarship support.
· Wal-Mart stores and SAM'S CLUBS have saluted nearly 11,000 Teachers of
the Year since 1996, making it one of the largest teacher recognition programs in
the country. These teachers' schools received $1.5 million in educational grants in
2000 and more than $6.6 million in Wal-Mart educational grants since the
program began.
Local and National Community Causes
· Last year, Wal-Mart contributed $115 million - or $2.2 million every week-
to the communities we serve through local grants and programs.
· The Salvation Army raised $14 million last year during the holidays with
kettles located at local Wal-Mart stores nationwide.
· Wal-Mart and SAM'S CLUB associates raised and contributed more than $19
million in 2000 to the United Way, and $133 million since 1983.
Wal-Mart is the largest corporate sponsor of the World War II Memorial Campaign,
raising and contributing more than $14.7 million. In 2001, Wal-Mart received the
prestigious Silver Helmet Special Award from AMVETS, and the National Commander's
Public Relations Award from the American Legion in recognition of its fund-raising
efforts for the memorial.
The nation's largest veterans organization honored Wal-Mart in March 2001 for its
support ofthe World War II Memorial and for its associates' voter-registration drive.
American Legion National Commander Ray G. Smith presented Wal-Mart the National
Commander's 2001 Public Relations Award during the closing session of The American
Legion's 41st Washington Conference.
",Wal-Mart's public service upholds traditional values and two of The American Legion's
founding principles: Americanism and preserving the memory ofthose who fought in our
nation's wars," Smith said. "I'm delighted to honor Wal-Mart for its institutional
citizenship; yet another feature the corporation has in common with The American
Legion family."
Wal-Mart: A good neighbor in Hastings
. Wal-Mart has been a part ofthe Hastings community for more than a decade. We
opened our doors here in November 1990 and have watched our business change and
grow with the needs of our customers throughout the community.
. Today, our request to grow our business is a direct reaction to the wants and needs of
our customers. Every day, our customers ask us when we can we bring them a Wal-
Mart Supercenter. They believe in more choices for consumers and more
competition. This project directly reflects consumer demand.
. Today, the Hastings Wal-Mart employs some 220 associates from the community.
Our proposed project would conservatively add another 150 jobs to the area, and will
enhance the opportunity for advancement for people here in Hastings. Our associates
will have even more opportunities to stay in Hastings and grow their careers and lives
here.
. Wal-Mart is not just a merchant in Hastings -we're somebody's neighbor. We're a
member ofthe local Chamber, and we don't forget our obligations to our community.
fu fact, last year, our associates here raised more than $48,000 for charitable causes
for Hastin8s and the Hastings-area community. The year before that, they raised
more than $38,000. Our home office helped contribute to those causes with matching
donations! Recipients of our contributions include our local schools, churches, and
dozens of other local not-for-profit agencies.
Wal-Mart: The consumers' choice
Wal-Mart has beaten the competiton again -- this time in a survey of 5,000 consumers,
who were asked to rank retailers in a variety of categories relating to their shopping
experience. The survey, done jointly by Chain Store Age and Cap Gemini Ernst &
Young, and featured in the May 2001 issue of Chain Store Age, ranked retailers in seven
categories:
· PriceNalue (Wal-Mart ranked No.1 in the Grocery, Discount and Overall
categories).
· Product Assortment (No. I in Discount and Overall categories).
. Service (No.1 in Discount and Overall categories).
. Ease of Shopping! Access (2nd in Discount category).
. Trust (No.1 in Discount and Overall categories).
. Making the Shopping Experience Enjoyable (2nd in Discount category).
. Overall (No.1 in Discount and Overall categories).
To sum up, Wal-Mart was ranked best in 33 of 56 categories, and even won "best" for
several attributes in the Grocery category. According to Dan Bagan, publisher of Chain
Store Age, "No other retailer in any category was even close to being recognized by
consumers as much."
Wal-Mart and our associates: A relationship built on trust and respect
. We feelthat while unions might be right for other companies, they do not have a
place at Wal-Mart. Wal-Mart associates have been representing themselves for the
past 38 years, and they do not need to pay a middleman who charges them union dues
to do it for them.
. Wal-Mart was recently recognized by its associates as one of Fortune Magazines top
100 companies to work for. Last year more than 4 million people applied for jobs at
Wal-Mart. Ofthose hired 58% said one of the main reasons they joined our company
was for the health benefits we provide. The fact is we take care of our associates.
UFCW leaders can continue with their constant attacks against our company, but our
focus is going to be on listening and taking care of our associates.
. We offer our associates competitive wages and a comprehensive benefits package.
We conduct annual wage surveys in the individual markets where we operate to
ensure we are being competitive. In addition to competitive wages, our associates are
eligible to receive health benefits for as little as $8.50 per (two-week) pay-period, a
40lK plan and a profit sharing plan (two separate retirement plans), which Wal-Mart
contributes to regardless of whether or not the associate personally contributes. Other
benefits are a Wal-Mart stock ownership plan, scholarship opportunities, various
bonus programs where associates share in the profits of the company, child care
discounts, a 10% discount at Wal-Mart and free professional counseling services.
. The UFCW has made it no secret that they will do anything they can to attack our
company. They are using tactics that directly target our associate's profit sharing and
stakeholders' bonus thus hitting associates right in their pocket books. It is no
wonder that union leaders and union organizers have a credibility problem with most
of our associates.
. Wal-Mart offers benefits to both its full and part time associates. Wal-Mart is one of
only a few retailers to offer benefits to part time people. For example, this allows a
part-time associate to begin a career at Wal-Mart and receive benefits while going to
college or while taking care of a child or parent.
Another very significant benefit Wal-Mart offers associates is stability and the security
. that comes from working for a company with a strong growth record. While many other
large companies have merged, downsized or failed, Wal-Mart continues to grow and offer
exciting career opportunities to people around the world. There is more opportunity for
job advancement and growth at Wal-Mart than ever before. Nearly 65% of our managers
began as hourly associates, allowing our management team to continue to reflect our
associate base as well as the diverse communities we serve.
Studies indicate benefits ofWal-Mart
. When a Wal-Mart store opens, there's a one-time increase in employment in the
county where it locates and an increase in the number of retail establishments,
according to a new study by Marshall University. The study was released just last
year (May 2000).
The economic impact study by Marshall's Center for Business and Economic
Research also reports the data suggests that Wal-Mart compensates its employees as
well, or better, than other retailers within the counties where the big stores are
located.
Mark Burton, director ofthe center, said, "It should be noted very clearly that while
people may understand how the presence ofWal-Mart might hurt small independent
establishments," Burton said, it is also likely Wal-Mart would help small independent
establishments.
That's because of two effects identified in the study -- the magnet-like effect of
"power center clusters" and the "travel-substitution effect."
Power center clusters are malls that combine a discount store with "category killer
stores" --large stores that carry everything related to a single retail category. "This
clustering of stores is responsible for part of the increase in the number of firms," the
study said.
When consumers shop near their homes because a large discount store is located
nearby instead of traveling to shop, it is known as the travel-substitution effect. The
result of the effect is, the consumer traffic created by the mass merchandiser
ultimately attracts more local retail trade.
· Kent Burnes, principal consultant with Burnes Consulting in Grass Valley, Calif.,
speaking last fall (September 2000) to a gathering of about 30 small-business owners
at the Small Business Development Center's Pittsburg Retail Roundtable in Pittsburg
City Hall, said homegrown businesses can survive, even excel, in the face of such
behemoths as Wal-Mart if they use the right strategies.
He said he took a tour of downtown Pittsburg earlier in the day and saw "nothing but
gold-lined sidewalks waiting to be developed."
Burnes said Sam Walton, who created Wal-Mart, was given his success by small
businesses. "Wal-Mart didn't grow Wal-Mart," he said. "WE grew Wal-Mart." That
was because small businesses were unwilling to change, he said.
Being willing to change, he said, is the key to succeeding. He defined change as
choice, and he said that means the small-business owner must "choose to win."
He related another tale of a small grocery store next to a vacant lot where an
Albertson's was about to go in. The couple in the small store had been selling
groceries for decades, but they were willing to change. They merely switched to other
products and continued to thrive.
More good words for Wal-Mart...
· "I'm sure Sam (Walton) would be proud today of how his stores are still willing to
give back to the communities where they live. In these days of mergers and absentee
ownership it is a real pleasure to see that the nation's largest retailer still knows the
value of 'community.'" -- Duanne Swift, President, Green Bay (Wis.) Area Chamber
of Commerce
· "When Wal-Mart opened in Napoleon, our business community, especially the small .
retailers, were concerned about the impact Wal-Mart would have. What happened,
though, was Wal-Mart brought customers to our community from counties around us.
The results were other businesses, such as restaurants, gas stations and our niche
retailers benefited from additional customers that spent their dollars in Napoleon." --
Sue Westendorf, Executive Director, Napoleon/Henry County (Ohio) Chamber of
Commerce
The chance to grow our business to take care of our customers ...
· Wal-Mart is glad to answer questions about our business and our plans that relate to
this project. But why is it fair to let other businesses/competition enter communities
and grow their businesses and serve their customers and for Wal-Mart to not be able
to do the same?
. Present market analysis already indicates many shoppers already take their grocery
business to other outside communities. That's revenue and business that could stay
right here. Our addition of a Supercenter will help complement the existing retail
sector and help make Hastings an even more appealing and convenient place to shop.
. The Hastings Wal-Mart will continue to offer jobs that feature some ofthe most
competitive and comprehensive benefits and wage packages in the retail industry.
We conduct a survey of existing retail establishments' wages and benefits and base
our own compensation on those figures, ensuring they are extremely competitive, if
not better than those offered throughout the Hastings community.
. This is a win-win situation for Hastings. Besides creating more consumer choices
and enhanced services, our new Supercenter will help add significant revenues to the
Hastings community, in the form of real estate property taxes and sales taxes. These
revenues make a significant difference in the way Hastings and Minnesota support
education, infrastructure, and numerous other public services and programs that are
critical in the day-to-day lives of local residents.
Committed to finding a new tenant for our existing store building
. Wal-Mart properties are available due to our desire to continue improving upon our
service to our customers. The Wal-Mart Supercenter has become very popular with
our customers. We have found that it is an excellent way to expand our operations in
many communities. This enables us to continue and improve upon our service to our
customers. Such moves create an available and proven retail location for other
tenants.
. It is important to Wal-Mart, our shareholders and our communities that these assets
are put to use. That's why we devote significant resources to selling or leasing our
available properties. Simply put, it impacts our bottom line to have an unused asset
therefore we are aggressive and innovative in marketing these properties.
. We primarily sell or lease buildings to other retailers. Many are familiar with Wal-
Mart's Building Development program and regularly seek updates from our website
or through our mailing list. We also sell or lease buildings to non-retail or
"alternative: users, such as call centers, schools and hospitals.
. We use a several strategies including our website - www.wal-martrealty.com-
which is organized by state and provides key characteristics like square footage for
each location. Other methods include participating in trade shows, such as ICSC, and
a broad mailing list to which we send regular updates on available properties. The
updates include building specifics as well as aerial photographs ofthe location.
. From time-to-time, we will outsource these efforts to local real estate professionals.
While it will always be important for Wal-Mart to be directly involved in selling or
leasing a property, we recognize that local market knowledge can supplement our
efforts.
. Additionally, we regularly work with local chambers of commerce and economic
development agencies to seek tenants that will bring value to the community.
. Our primary users are other retailers in categories, such as home improvement,
apparel, books and music and pet supply. Examples include, Hobby Lobby, Goody's
Family Clothing, Tractor Supply and Burlington Coat Factory. We also work with
"alternative users", such as call centers, schools and hospitals.
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Recipients of Contributions Made bv Wal-Mart Store # 1472
in Hastinas, MN
FYE 1/31/00
Alzheimers Disease & Related Disorders Association - Minnesota Lakes
Children's Health Care
Hastings Family Service
Hastings High School Football
Hastings High School Girls' Hockey Team
Hastings High School Girls' Soccer Team
Hastings Senior High School - Band Aid
Hastings Senior High School French Honor Society
New Life Evangelical Free Church Youth Group
Red Wing High School Band Boosters
Solid Rock Pentecostal Church - Elsworth, WI
Vasa Lutheran Church Children's Home - Red Wing, MN
FYE 1/31/01
Hastings High School Football
Hastings High School Girls' and Boys' Lacrosse
Hastings High School Girls Basketball
Hastings High School Girls Hockey
Hastings High School Ski Team
Hastings High School Technology Club
Hastings Hockey Boosters, Inc.
Hastings Senior High School- Boys' Varsity Hockey-' ..
Hastings Senior High School Ski Team
Minnesota Special Olympics, Inc.
Newborns In Need
Newport Lutheran Church
Red Wing High School Band Boosters
Riverbend Dance Arts
Solid Rock Pentecostal Church - Elsworth, WI
St. Mathias Catholic Church - St. Mathias School
Thomas E. & Edna D. Carpentar Foundation