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CITY OF HASTINGS
COUNCIL MEETING
7:00 P.M.
DATE:
Monday
March 05, 2001
I. CALL TO ORDER:
II. ROLL CALL:
III. DETERMINATION OF QUORUM:
IV. APPROVAL OF MINUTES:
Approval of Minutes of the Regular Meeting of February 20, 2001
V. COUNCIL ITEMS TO BE CONSIDERED:
Presentation of Award
From National Association of Counties for Wetland Monitoring, Presented by Joe
Beattie, volunteer wetland monitoring team leader for the Hastings area.
VI. CONSENT AGENDA:
The items on the Consent Agenda are to be acted upon by the City Council in a single motion.
There will be no discussion of these items unless a Councilmember or citizen so requests, in
which event the items will be removed from the Consent Agenda to the appropriate department
for discussion.
1. Pay All Bills As Audited
2. Wallin Park Playground Equipment
3. Approve 2001 Seasonal Wages
4. Council/Staff Workshop Facilitator
5. HPC Grant Application
6. Approval of Park and Recreation Assistant Position
7. 2000 Street & Utility Improvements Payment Request
VII. AWARDING OF CONTRACTS & PUBLIC HEARING:
1. Public Hearing - Lock and Dam Access Road Improvements
VIII. REPORTS FROM CITY STAFF:
A. Public Works
1. Resolution - Lock and Dam Access Road, Order Improvement,
Approve Plans and Specifications, and Authorize Advertisement for
Bids
2. Lock and Dam Access Road Street Lighting and Enhancements
B. City Planner
1. Approve Purchase Agreement with Birchen Enterprises for Industrial
Park Lot
2. Special Use Permit Renewal- Soil Processing Permit (Barton Sand
and Gravel)
3. Special Use Permit Renewal - Hot Mix Asphalt Plant (Barton Sand
and Gravel)
C. Administrator
1. Rivertown Days Use of Public Streets & Public Facility
2. Waste Management Solid Waste Collection
3. Pawn Shop License Report
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, March 19, 2001
Minutes of the Regular Meeting of February 05, 2001
Page 1 of2
Hastings, Minnesota
February 20, 2001
The City Council of the City of Hastings, Minnesota met in a regular meeting on
Monday, January 16,2001 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street
East, Hastings, Minnesota
Members Present: Counci1members, Schultz, Haz1et, Hicks, & Moratzka
Mayor Werner
Members Absent: Councilmembers Riveness & Yandrasits
Staff Members Present:
Dave Osberg, City Administrator;
Shawn Moynihan, City Attorney;
Tom Montgomery, Public Works Director,
and Melanie Mesko, Administrative Assistant/City Clerk
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes of
the regular meeting of February 6, 2001 and hearing none the minutes were approved as
presented.
Consent Agenda
Moved by Councilmember Moratzka, seconded by Councilmember Hicks, to
move Item 4 to Administrator & approve the Consent Agenda as amended.
6 Ayes; Nays, None.
1. All Bills As Audited
2. Resolutions No. 2/7/01-Accept Feasibility Report and Order Public Hearing, Lock &
Dam Access Road & Trail Improvements
3. Resolution No. 2/8/01-Final Pay Estimate, 1998 Improvements, Richard Knutson,
Inc., $91,335.03
4. PULLED
5. Resolution No. 2/9/01-Approved Liquor License for MGM Liquors, 1250 South
Frontage Road
6. Utility Bill Penalty Waiver
Annual Utility Rate Review
Moved by Councilmember Moratzka, seconded by Councilmember Hazlet, to
approve the changes in water, WAC, SAC, and Interceptor Sewer Charge as
recommended in the Public Works Director's memo of February 13, 2001.
Copy of Resolution on File
5 Ayes; Nays, None.
Minutes of the Regular Meeting of February 05, 2001
Page 2 of2
Closed Session-49's Union Negotiations
Mayor Werner stated that, without objections, the Council will not adjourn to a
closed door session; Council approves the 2001-2002 union contract with changes
proposed by City Administrator Osberg and directs that it be signed.
5 Ayes; Nays, None.
Approve Commercial Solid Waste Hauler's License for Shamrock Disposal, Inc.
Councilmember Moratzka asked if there is a limit on the number of commercial
solid waste hauler licenses the City will issue. There currently is no limit.
Moved by Councilmember Hazlet, seconded by Councilmember Hicks, to
approve the license for Shamrock Disposal as presented.
5 Ayes; Nays, None.
Comments from Audience
Paul Kane, 1604 Ashland Street, requested Council assistance in resolving an
insurance claim arising from damage sustained following work done by the City. Mayor
Werner directed staff to forward Mr. Kane's request to the League of Minnesota Cities
Insurance Trust, the City's insurance carrier.
6 Ayes; Nays, None.
Reports from City Council Committees, Officers, Councilmembers
The City's Comprehensive Plan will appear before the Metropolitan Council on
Wednesday, February 22 for final approval.
Adjournment
Moved by Councilmember
adjourn the meeting at 7:18 p.m.
5 Ayes; Nays, None.
Schultz, seconded by Councilmember Hazlet, to
Mayor
ATTEST
City Clerk
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Award Presentation - Wetland Monitoring
February 27,2001
For the past few years, Joe Beattie has volunteered his time to organize and serve as team
leader for a wetland monitoring project for the Hastings area. This wetland monitoring is part of
a county wide wetland monitoring program called the Dakota County Wetland Health Evaluation
Project. The Dakota County program won an award from the National Association of Counties.
As a participating city in the County program, Hastings also received a plaque from the National
Association of Counties.
Joe Beattie will attend the March 5, 2001 Council meeting to present the award plaque to
the City Council. Joe should also be thanked for his many years of volunteer wetland monitoring
for the Hastings area.
For Council information, I have enclosed a brief description ofthe Dakota County
Wetland Health Evaluation Project, and a newspaper article about the community volunteers
receipt ofthe governor's commendation for their work.
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NACo - About Counties - Model County Programs
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County Model Programs
Wetland Health Evaluation Project - 2000
Dltkota CQJLJUs, MN
Population: 275,227
Background
The Dakota County (Minnesota) Wetland Health Evaluation Project is
a joint research and educational project sponsored by the Dakota
County Environmental Education Program in partnership with the
Minnesota Pollution Control Agency and Dakota County agencies,
cities, and educators. The goals ofthe project are to: -- Evaluate
wetland health using biological data gathered by citizen volunteers
using protocol and metrics developed by the Minnesota Pollution
Control Agency, -- Evaluate the Best Management Practices (BMPs)
installed on wetlands in the project, and -- Conduct a public wetland
education effort. Citizen volunteers from ten communities in Dakota
County have monitored wetlands during the summers of 1997, 1998,
and 1999. Monitoring is planned to continue into the future. The
project continues to explore the usefulness of data gathered by
volunteers for local units of government making wetland management
decisions. It is hoped that if citizen volunteers can gather valid data, a
community will have a tool to gather more information on wetland
health at a reduced cost to the local government. In 1998, the citizen
methodology was compared to a more technical methodology. A
review of overall wetland quality ratings indicates that both methods
resulted in the same ratings for each wetland.
Contact:
Charlotte Shover
Environmental Education Coordinator
Environmental Education Program
4100 220th Street, W., Suite 101
Farmington, MN 55024
Phone: (651) 480-7734
Fax: ( 651) 463-8002
.. Model County Programs
For more information, please contact Jacq.!le..line Byers.
http://www.naco.org/counties/models/program.cfm?SEARCHID=2000envi37
Page 1 of2
2/27/01
Date: 03/01/2001
Time: 12:56:53
Operator: LYNNE BENSON
VI-1
Page: 1
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice payment - Department Report
---.---------------- -------------------- ------------------------ ------------
COUNCIL
COUNCIL
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
nSTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CI TY CLERK
CLERK
FINANCE
FINANCE
FINANCE
FINANCE
FINANCE
M.I.S. Department
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
HASTINGS AREA CHAMBE JAN 2001 LODGING TAX
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
Total for Department
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
PERSONNEL DECISIONS, TESTING-ASST FIRE CHIEF
Total for Department 6011
BOISE CASCADE OFFICE BINDER/PENCIL,HOLDER
BOISE CASCADE OFFICE PAPER/BRIGHT
CORPORATE EXPRESS CREDIT INDEX TABS
CORPORATE EXPRESS OFFICE SUPPLIES
CORPORATE EXPRESS TRAY
FARMER BROS CO. COFFEE
GRAPHIC DESIGN ENVELOPES
IOS CAPITAL COPIER LEASE PMT
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NEXTEL COMMUNICATION CELL PHONE-OSBERG
SOLUTIONS 4SURE INC. OFFICE PRO/WORD PERFECT/
STARK, CHARLENE MEETING/MILEAGE/POSTAGE
Total for Department 6020
CAREBRTRACK CLASS - SCHROEDER
GRAPHIC DESIGN SOLID WASTE GUIDE
GRAPHIC DESIGN WINTER NEWSLETTER
HASTINGS STAR GAZETT ACCT TECHNICIAN
HASTINGS STAR GAZETT CITY HALL OFFICE TECH
HASTINGS STAR GAZETT VACATE 4TH STREET
MESKO, MELANIE MILEAGE/MEAL/SEMINAR
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NAT'L PUBLIC EMPLOYE PERSONNEL PUBLICATIONS
SCHROEDER, ADELINE MILEAGE
STAR TRIBUNE ACCOUNTANT TECHNICIAN AD
Total for Department 6040
LABCORP OTS INC ME DRUG SCREENS LUNDER
LABCORP OTS INC ME DRUG SCREENS RANDOM
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
STARK. CHARLENE MEETING/MILEAGE/POSTAGE
WELLS FARGO BROKERAG JAN SAFEKEEPING FEES
Total for Department 6050
SOLUTIONS 4SURE INC. OFFICE PRO/WORD PERFECT/
Total for Department 6070
AIR FILTERS UNLIMITE AIR FILTERS
JAYTECH. INC. STARCH ACID
MAINTENANCE ENGINEER SUPPLIES
MINNEGASCO,ACCT'S PA FEB GAS
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
ORKIN PEST CONTROL SERVICE FEB 01
3,110.56
793.35
3,903.91*
52.50
3,952.64
4,005.14*
4.38
7.43
-28.71
182.75
5.31
23.92
499.49
368.25
18.75
44.63
1,077.97
3.31
2,207.48*
59.00
2,740.25
1,704.00
92.50
82.50
21. 75
99.80
4.95
41. 00
47.61
1.514.10
6,407.46*
35.00
70.00
30.00
48.46
58.00
241.46*
325.98
325.98*
427.93
35.03
298.80
6,544.63
7.50
82.05
Date, 03/01/2001
Time: 12:56:54
Operator: LYNNE BENSON
Page: 2
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
CITY FACILITIES
R & 0 ELEVATOR CO. I MARCH SERVICE
SCHILLING PAPER CO. PAPER SUPPLIES
SDS INC. SNOW REMOVAL FEB 8-9
T. D. 'S CLEANING FEB CLEANING PD
TOWER CLEANING SYSTE FEB CLEANING CITY HALL
XCEL ENERGY FEB ELECTRI C
Total for Department 6080
CITY FACILITIES LIGH MINNEGASCO.ACCT'S PA FEB GAS
CITY FACILITIES LIGH XCEL ENERGY FEB ELECTRIC
Total for Department 6081
PLANNING
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLl CE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
D.A.R.E. PROGRAM
BUILDING
BUILDING
BUILDING
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
Total for Department 6090
AMOCO OIL CO GAS
CHIEF SUPPLY SQUAD CARE ITEMS
CITY OF MPLS. AUTOMATED PAWN
COLOR LAB INC. (PHOTO FILM DEVELOPING
EMERGENCY VEHICLE SU REPAIR SQUAD 1415
HASTINGS VEHICLE REG CHANGE MARKED TO UNMARKE
KEGLEY. JOSEPH LIC APPL FEE - N WOOD
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NEXTEL COMMUNICATION CELL PHONES - POLICE
PAGENET OF MN PAGERS
PETERSEN, ROXANN UNI FORM ALLOWANCE - PETE
PITNEY BOWES SERVICE MAINT
REGINA MEDICAL CENTE LAB WORK MCINTYRE
REGINA MEDICAL GROUP HEPATITIS VACCINE/SHOTS
SCllARFE, STEVEN REIMBURSE SAFETY BOOTS
SOLUTIONS 4SURE INC. OFFICE PRO/WORD PERFECT/
SOFTWARE TAILORS, IN MAINTENANCE TIME
SUPERIOR WIRELESS OF REPAIR RADIO
UNIFORMS UNLIMITED UNIFORM-N WOOD
U.S. INTERNET FEB MONTHLY FEE
UNIVERSITY OF MINNES JOI CONF /VOTING FEE PUCH
WALMART COMMUNITY BR BOXES
WALMART COMMUNITY BR CREDIT-RETURN CORKBOARD
WALMART COMMUNITY BR KEYS/BATTERY
WALMART COMMUNITY BR MICRO CASSETTES
WALMART COMMUNITY BR NAPKINS/PLATES
WALMART COMMUNI TY BR STORAGE BOXES
Total for Department 6210
WALMART COMMUNITY BR DARE PIZZA PARTY SUPPLIE
Total for Department 6218
BAKKEN, THOMAS
GRAPHIC DESIGN
MESAROS, WILLIAM
ICBO CHAPTER MTG REIMBUR
CONTRACTOR LICENSE CARDS
EDUCATION REIMBURSEMENT-
140.00
129.95
300.00
1,150.80
1,150.20
1.292.51
11,559.40*
595.43
1,094.46
1,689.89*
15.00
15.00*
110.62
225.94
113.00
14.91
349.44
45.00
90.00
225.00
725.60
288.23
69.90
371. 00
44.75
82.00
140.70
24.99
1,000.00
31. 90
994.95
59.95
410.00
18.91
-8.48
16.70
42.44
21. 65
63.81
5,572.91*
35.67
35.67*
22.50
53.25
76.73
Date: 03/01/2001
Time: 12:56:55
Operator: LYNNE BENSON
Page: 3
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
BUILDING
BUI LDING
BUILDING
BUILDING
BUILDING
BUILDING
BUILDING
BUILDING
HOUSING INSPECTION
HOUSING INSPECTION
HOUSING INSPECTION
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
ENGINEERING
STREETS
STREETS
STREETS
STREETS
'ETS
c_...;ETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREET LIGHTING
MN STATE TREASURER BLOG CODE SEMINAR - ICE
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NCSBCS 2001 MEMBERSHIP RENEWAL
NEXTEL COMMUNICATION CELL PHONE - ICE
SOLUTIONS 4SURE INC. OFFICE PRO/WORD PERFECT/
TERRY'S ACE HARDWARE INSPECTION TOOLS
TOENJES, JANE MILEAGE REIMBURSEMENT
UNIVERSITY OF MINNES ONSITE SEWAGE CONF - MES
Total for Department 6240
DAKOTA COUNTY TREASU ACCESS-ROLF PETERSON
PETERSON. ROLF J. ICBO SCHOOL
PETERSON, ROLF J. SAFETY SHOES
Total for Department 6245
BRKW APPRAISALS APPRAISAL GS DRIVE EXT S
BRKW APPRAISALS APPRAISALS GSD EXTENSION
BRKW APPRAISALS APPRSAISAL GSD EXTENSION
CHRYSLER FINANCIAL C 12 MOS LEASE PMTS 2000 J
MEYER COMPANY COVERALLS-MIKISKA
MINNESOTA SOCIETY OF MSPS DUES-MIKISKA
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
MONTGOMERY, THOMAS MILEAGE 12/19 - 2/15
SOLUTIONS 4SURE INC. OFFICE PRO/WORD PERFECT/
WALMART COMMUNITY BR STATIC GUARD/PENCILS
Total for Department 6311
BAHLS SERVICE
BAHLS SERVI CE
BAHLS SERVI CE
FORCE AMERICA
GERLACH SERVICE, INC.
GORDY'S GLASS
HASTINGS FORD-JEEP-E
IIASTINGS FORD-JEEP-E
HOSE/CONVEYORS INC.
KIMBALL-MIDWEST
BOLTS
HOSE & FITTINGS
PARTS - 104
SANDER MOTOR
SIIAFT
DOOR WINDOW
FORD F250 PICKUP
FORD F250 PICKUP-TRADE I
HOSE/COUPLINGS
SHOP SUPPLIES
KREMER SPRING & ALIG VEHICLE REPAIRS
MACQUEEN EQUIPMENT. SWEEPER CLINIC
MIDWEST MACHINERY, I FITTINGS & HOSE
MIDWEST MACHINERY, I O-RING
MINNEGASCO,ACCT'S PA FEB GAS
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NEXTEL COMMUNICATION CELL PHONES - STREETS
NORTHERN SAFETY TECH LIGHTS-NEW PICKUP
SDS INC. SNOW REMOVAL FEB 8-9
XCEL ENERGY FEB ELECTRIC
Total for Department 6312
XCEL ENERGY
FEB ELECTRIC
120.00
37.50
75.00
81.12
187.99
96.70
36.57
170.00
957.36*
60.00
4.00
108.90
172.90*
5,000.00
8,000.00
5.000.00
3,297.24
42.99
55.00
35.00
31. 05
1.204.96
10.44
22,676.68*
3.62
21.22
15.50
173.81
80.01
339.59
24,288.19
-11,000.00
82.90
94.19
1,271.77
150.00
72.77
1. 60
1,812.21
60.00
281.19
246.92
384.00
359.17
18,738.66*
1,801.37
Date, 03/01/2001
Time, 12,56,55
Operator, LYNNE BENSON
Page: 4
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ---.-------------------- ------------
Senior Center
Senior Center
Reforestation
Total for Department 6313
FIRST
RADKE
NAT'L BANK
ELECTRIC
Total
MARCIl 2001 SR CENTER
REPLACE SUBBASE COOL THE
for Department 6521
SOLUTIONS 4SURE INC. OFFICE PRO/WORD PERFECT/
Total for Department 661t
RETIREE'S HEALTH INS MINNESOTA MUTUAL MARCIl LIFE INSURANCE PRE
Total for Department 6922
INSURANCES
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
PARKS/RECREATION
AQUATIC CENTER
AQUATIC CENTER
AQUATIC CENTER
AQUATIC CENTER
PIONEER ROOM
DAVID AGENCY QTRLY PMT
Total for Department 6923
Total for Fund 101
BAHLS SERVI CE STARTER
DOERER'S GENUINE PAR STARTER/BATTERY/FILTERS
HASTINGS VEHICLE REG TITLE/REG 2001 FORD F250
IOS CAPITAL COPIER-PARKS
IOS CAPITAL PARKS COPIER
LEAGUE OF MN CITIES LOSS CONTROL WORKSOP
LEEF BROTHERS, INC. TOWELS/MATS
MINNEGASCO,ACCT'S PA FEB GAS
MN PARK SUPERVISORS MTG-ERICKSON
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NEXTEL COMMUNICATION CELL PHONE - PARKS
PSC SUPPLY BAGS
SKILLPATH SEMINARS BUSINESS SEMINAR - MCNAM
UNIVERSITY OF MINNES SHADE TREE COURSE
XCEL ENERGY FEB ELECTRI C
ZARNOTH BRUSH WORKS, BROOM FOR RINKS
Total for Department 6520
Total for Fund 200
ANCHOR INDUSTRIES FUNBRELLA PARTS
HIGH SCHOOL SPORTS P ADVERTISEMENT
METROCALL PAGER SVCS
MINNEGASCO,ACCT'S PA FEB GAS
Total for Department 6511
Total for Fund 201
IOS CAPITAL COPIER LEASE PMT
Total for Department 6641
Total for Fund 210
1,801.3?*
1,527.35
75.00
1,602.35*
300.99
300.99*
55.93
55. 93 *
3,000 00
3,000.00*
85,270.54*
143.68
127.56
1,611.72
172.53
172.53
40.00
47.49
1,581.26
30.00
60.00
137.98
1,117.93
399.00
525.00
686.15
939.33
7,792.16*
7,792.16*
481.53
209.50
7.05
347.72
1,045.80*
1,045.80*
174.22
174.22*
174.22*
Date: 03/01/2001
Time: 12:56:56
Operator: LYNNE BENSON
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 5
Department Vendor Name Description Amount
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
AMERIPRIDE LINEN & A TOWELS
ANOKA-HENNEPIN TECH SPRING FIREFIGHTERS COUR
AT&T WIRELESS LONG WIRELESS LONG DISTANCE
DANKO EMERGENCY EQUI TURNOUT GEAR
EMERGENCY VEHICLE SU SIREN REPAIR
EMERGENCY VEHICLE SU SIREN REPAIRS
FAIR OFFICE WORLD OFFICE SUPPLIES
FAIR OFFICE WORLD PAPER CLIPS
GALLS, INC. ROADWAY FLARE CONTAINERS
ros CAPITAL COPIER LEASE PMT
MINNEGASCO,ACCT'S PA FEB GAS
MN CHAPTER IMI 2001 MEMBERSHI P RENEWAL
MINNESOTA MUTUAL MARCH LI FE INSURANCE PRE
REIS,INC REPAIR PART 1481
SEVEN CORNERS ACE HD TOOL BOXES
TERRY'S ACE HARDWARE ADAPTOR/BALL VALVE/ELBOW
TERRY'S ACE HARDWARE ADAPTORS/SOCKETS
TERRY'S ACE HARDWARE BATTERIES
TERRY'S ACE HARDWARE BLADES
TERRY'S ACE HARDWARE CONNECTORS
TERRY'S ACE HARDWARE COVER WTHRPRF
TERRY'S ACE HARDWARE DRILL BIT
TERRY I S ACE HARDWARE KEY
TERRY'S ACE HARDWARE PIN/NUT/WASHER/SCREW
TERRY I S ACE HARDWARE SKILL SAW
TERRY'S ACE HARDWARE WIRE
TERRY'S ACE HARDWARE WRENCH/KEY RING/WASHERS/
U.S. POSTMASTER STAMPS/STAMPED ENVELOPES
WALMART COMMUNITY BR CLEANING SUPPLIES
WALMART COMMUNITY BR COMFORT CURVE/SPONGES
WALMART COMMUNITY BR CREDIT
WALMART COMMUNITY BR TRASH BAGS/BINDERS/CUPS/
Total for Department 6220
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
AMBULANCE
BLUE CROSS & BLUE SH OVERPMT CALL 20001482-B
BUMPER TO BUMPER ANTIFREEZE
BUMPER TO BUMPER ANTIFREEZE-SALES TAX
CHEMSEARCH DISINFECTANT CLEANER
CLAREY'S SAFETY EQUI HELMET LINERS
MOORE MEDI CAL CORP. AMB SUPPLI ES
REGINA MEDICAL CENTE MEDICAL SUPPLIES
SIEBENALER, MATHIAS OVERPMT M SIEBENALER
WALMART COMMUNITY BR RAIN-X
WALMART COMMUNITY BR WINDSHIELD WASHER/CARS C
Total for Department 6230
Total for Fund 213
OTHER SERVICES/CllARG BOLTON & MENK INC
OTHER SERVICES/CllARG BOLTON & MENK INC
L/D ACCESS ROAD
PROJ 2001-1; 4TH ST & GS
21. 30
480.00
3.28
4,290.56
149.00
370.36
8.49
.64
36.96
180.50
4,004.91
25.00
90.00
6.30
82.96
8.04
17.00
13.30
27.13
13.82
5.52
12.77
6.36
7.02
181.04
4.70
11.27
1,018.00
20.90
49.66
-15.88
70.02
11,200.93*
520.17
21. 96
1.43
245.32
273.20
135.46
927.76
69.54
19.07
9.63
2,223.54*
13,424.47*
8,529.71
352.50
Date, 03/01/2001
Time: 12:56:57
Operator: LYNNE BENSON
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page, 6
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
OTHER SERVICES/CHARG BOLTON & MENK INC PROJ 2001-9; UTILITY EXT
OTHER SERVICES/CHARG KNuTSON,RICHARD INC 2000 CONST PAY EST #7
Total for Department 6700
Total for Fund 400
ADMINISTRATlVE/UNALL HOISINGTON KOEGLER G RIVERFRONT MASTER PLAN
Total for Department 6072
Total for Fund 401
ADMINISTRATION
DAKOTA COUNTY TREASU TAX INCREMENT CHARGES
Total for Department 6631
OPERATIONS
SDS INC. SNOW REMOVAL FEB 8-9
Total for Department 6632
REDEVELOPMENT
REDEVELOPMENT
BIRCHEN ENTERPRISES
BRADLEY & DEIKE PA
Total for
EARNEST MONEY-BIRCHEN PR
BIRCHEN AQUISITION
Department 6635
Total for Fund 402
ADMINISTRATION
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
Total for Department 6631
REHABILITATION
BRUCE SWANLUND
3RD DRAW REHAB LOAN 401
Total for Department 6633
REDEVELOPMENT
REDEVELOPMENT
BRADLEY & DEIKE PA SHERMAN/G. ANGELS
DAKOTA COUNTY TREASU TAX INCREMENT CHARGES
Total for Department 6635
Total for Fund 404
OTHER SERVICES/CHARG BRADLEY & DEIKE PA
OTHER SERVlCES/CHARG ECONOMIST. THE
OTHER SERVlCES/CHARG MINNESOTA MUTUAL
Total for
EISCHEN DEFAULT
SUBSCRI PTI ON RENEWAL
MARCH LIFE INSURANCE
Department 6700
Total for Fund 407
MISCELLANEOUS
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 589
MISCELLANEOUS
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
2,777.50
223.364.42
235,024.13*
235,024.13*
2,319.28
2.319.28*
2,319.28*
2,765.00
2,765.00*
306.00
306.00*
500.00
62.50
562.50*
3,633.50*
6.00
6.00*
3.054.16
3,054.16*
25.00
193 . 00
218.00*
3,278.16*
PRE
225.00
125.00
1.50
351.50*
351.50*
176.00
176.00*
176.00*
178.00
178.00*
Date, 03/01/2001
Time: 12:56:57
Operator: LYNNE BENSON
Page: 7
Department Vendor Name Description Amount
MISCELLANEOUS
MISCELLANEOUS
Mr.~r.ELLANEOUS
MISCELLANEOUS
MISCELLANEOUS
MISCELLANEOUS
Mlo,-ELLANEOUS
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Total for Fund 590
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 591
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 592
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 594
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 595
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 597
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 598
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
Total for Department 6800
Total for Fund 599
MN DEPARTMENT OF HEA 1ST QTR TESTING FEE PMT
Total for Department
CANNON ELECTRIC MOTO GE RATCHET SPRINGS
CONNELLY INDUSTRIAL LABOR/SERVICE
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
DPC INDUSTRIES HFS ACID
ELECTRO WATCHMAN. IN SVC CALL - DOOR CONTACT
GOPHER STATE ONE-CAL JANUARY GOPHER ONE CALL
GRAINGER. W. W. INC. BALL VALVE LOCKOUT
HASTINGS FORD-JEEP-E 2001 FORD F150 PICKUP
HASTINGS FORD-JEEP-E LESS TRADE IN
IOS CAPITAL COPIER LEASE PMT
178.00*
274.00
274.00*
274.00*
246.00
246.00*
246.00*
116.00
116.00'
116.00*
124.00
124.00*
124.00*
160.00
160.00*
160.00'
130.00
130.00*
130.00*
190.00
190.00'
190.00*
7,489.00
7,489.00*
111. 40
577.00
6.00
323.32
150.29
60.80
36.95
24,317.54
-3,200.00
197.98
Date, 03/01/2001
Time: 12:56:57
Operator, LYNNE BENSON
Page: 8
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
WATER MID AMERICA METER IN METER TESTING, ETC 447.88
WATER MINNEGASCO,ACCT'S PA FEB GAS 2,886.46
WATER MINNESOTA MUTUAL MARCIl LIFE INSURANCE PRE 46.25
WATER NEXTEL COMMUNICATION CELL PHONE-UTILITIES 267.03
WATER NORTHERN SAFETY TECII LIGHTS FOR NEW PICKUP 266.09
WATER SWANSON PLBG. & HEAT REPAIR LEAK 85.50
WATER T.O. 's CLEANING FEB CLEANING PW 319.50
WATER US FILTER DISTRIBUTI METERS FOR RE$ALE 10,500.00
WATER US FILTER DISTRIBUTI MXU TRANSCIEVER UNIT 786.30
WATER KCEL ENERGY FEB ELECTRIC 4,395.33
Total for Department 7100 42,581.62*
Total for Fwld 600 50.070.62*
WASTEWATER
WASTEWATER
WASTEWATER
WASTEWATER
TRANSIT
TRANSIT
TRANSIT
TRANSIT
TRANSIT
TRANSIT
TRANSIT
TRANSIT
TRANSIT
TRANSIT-OPERATIONS
TRANSIT-OPERATIONS
TRANSIT-OPERATIONS
TRANSIT-OPERATIONS
TRANSIT-MAINTENANCE
TRANSIT-MAINTENANCE
TRANSIT-MAINTENANCE
TRANSIT-MAINTENANCE
TRANSIT-MAINTENANCE
TRANSIT-MAINTENANCE
TRANSIT-MAINTENANCE
COLT ELECTRIC INC. SERVICE CALL
DAKOTA CNTY TREAS-AU 804 ASSESSMENTS
MINNESOTA MUTUAL MARCIl LIFE INSURANCE PRE
KCEL ENERGY FEB ELECTRIC
Total for Department 7300
Total for Fund 601
HASTINGS FORD-JEEP-E DIP STICK
LAKELAND TRUCK CENTE PART
LAKELAND TRUCK CENTE PARTS
MINNESOTA MUTUAL MARCIl LI FE INSURANCE PRE
MOTOR PARTS SERVICE PARTS
MOTOR PARTS SERVICE UNDERCOAT/FILTER
SOGGIORNO, SHIRLEY MILEAGE
TERRY'S ACE HARDWARE CLOCK
WALMART COMMUNITY BR CLEANING SUPPLIES-TRAC B
Total for Department 7500
HASTINGS BUS CO 1/29 BACKUP DRIVER
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NINE EAGLES GOLF CO. SHIRTS-SHIRLEY S
WALMART COMMUNITY BR CLEANING SUPPLIES-TRAC B
Total for Department 7501
HASTINGS FORD-JEEP-E DIP STICK
LAKELAND TRUCK CENTE PART
LAKELAND TRUCK CENTE PARTS
MOTOR PARTS SERVICE PARTS
MOTOR PARTS SERVICE UNDERCOAT/FILTER
QUALITY COLLISION CE BUMPER REPAIRS
TERRY'S ACE HARDWARE CLOCK
Total for Department 7502
Total for Fwld 610
1,519.30
8.00
16.25
200.04
1,743.59*
1,743.59*
1.14
8.15
8.79
6.30
6.07
1. 82
41. 40
.10
10.55
84.32*
60.00
15.00
282.10
162.25
519.35*
17.50
125.41
135.26
93.28
27.91
308.48
1.49
709.33*
1,313.00*
Date: 03/01/2001
Time: 12:56:58
Operator: LYNNE BENSON
Page: 9
Department Vendor Name Description Amount
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
CIVIC ARENA
C ARENA
CIViC ARENA
CIVIC ARENA
HYDROELECTRIC
HYDROELECTRIC
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
DIPPIN DOTS. INC. DIPPIN DOTS
FARMER BROS CO. COFFEE/COCOA/CIDER
JAYTECH, INC. BIOSCAN TEST
JAYTECH, INC. COOL TOWER TREATMENT-SHI
MICKEY'S TAVERN STYL PIZZA
MIDWEST COCA-COLA BT BEVERAGES
MINNEGASCO.ACCT'S PA FEB GAS
MN DEPT/LABOR & INDU BOILER INSPEC'!'ION
MINNESOTA MUTUAL MARCIl LIFE INSURANCE PRE
R & R SPECIALITIES, BLADE GRINDS
R & R SPECIALITIES, SERVICE CALL
SYSCO, MINNESOTA CONCESSION FOOD
SYSCO, MINNESOTA CONCESSION FOODS
THERMOGAS CO OF HAST 5 FILLS
THERMOGAS CO OF HAST 6 FILLS
XCEL ENERGY FEB ELECTRIC
Total for Department 7700
Total for Fund 615
MINNESOTA MUTUAL MARCH LIFE INSURANCE PRE
NORTH AMERICAN HYDRO ENERGY PULSE METER PKG/I
Total for Department 7900
Total for Fund 620
Grand Total
325.00
127.30
99.00
15.00
230.00
623.25
12,572.45
50.00
15.00
70.50
174.79
458.36
394.10
71. 89
84.67
7.958.73
23,270.04*
23,270.04*
7.50
12,542.25
12,549.75*
12,549.75*
442,854.76*
March 5, 2001
APPROVED:
City Administrator
Finance Director
Councilmember Hazlet
Councilmember Riveness
Councilmember Schultz
Councilmember Moratzka
Councilmember Hicks
Councilmember Yandrasits
Mayor Werner
VI-2
MEMO
To: MaYOr.~.ty Council )
'/#4~ ?/Ie. 7/a-'7?1C<.-1A.
From: Mart)! cNarnara
Subject: Wallin Park Playground Equipment
Date: February 28,2001
The Natural Resource and Recreation Commission held a meeting on Tuesday, February 20,2001,
to meet with the neighborhood of Wallin Park. The purpose of the meeting was to gain input from
the neighborhood in selecting playground equipment for their neighborhood park, and the color of
the equipment. The neighborhood selected the equipment that was recommended by the consultant
Bruce Chamberlain, and chose the colors of forest green. burgundy and sand. The NRRC
unanimously approved the neighborhoods recommendation.
COUNCIL ACTION:
Allow staff to receive written quotes for playground equipment at Wallin Park. The equipment is
estimated to cost between $25,000 and $30,000, this would include shipping and tax. Installation
of the equipment, providing a concrete border with wood chips to allow handicapped accesability
will be extra. The total cost is within the budget.
CITY OF HASTINGS
101 4th Street East. Hastings, MN 55033-1955
651-437-4127. Fax: 651-437-7082
February 1, 2001
Dear Wallin Park Neighbor;
The Natural Resource and Recreation Commission would like to invite you to a Wallin Park
neighborhood planning meeting, which will be held on Tuesday, February 20th, 2001 at 7:00 pm
in the Community Room at City Hall. The purpose of the meeting is to assist with the selection of
playground equipment for Wallin Park, review the 2001 park development plans, and also review
the overall park development concept plans that were approved by the neighborhood.
If you have any questions regarding the meeting please call Marty McNamara, Director of Parks and
Recreation at 480-2344. Thank You.
Sincerely
V~OJM~
Dennis O'Melia
Chairman NRRC
cc: Mayor
City Councilmembers
Dave Osberg, City Administrator
NRRC Commissioners
-
Hastings on the Mississippi
MAILING NOTIFICATION SITE MAP
PID: 19-83232-020-00, 1500 ft buffer
NOTE: Dimensions rounded to nearest foot.
.
Copyright 2001, Dakota County.
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records. information and data located in various cily. county, and
stale offices and other sources, affecting the area shown. and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found. please contact Dakota County Survey and land Information Department.
Map Date: January lB. 2001
Parcels Updated: 12128/00 Aerial Photography:
MAILING NOTIFICATION SITE MAP
PID: 19-83232-020-00, 1500 ft buffer
VI-3
To:
CC:
From:
Date:
Re:
Mayor Werner & City Councilmembers
Dave Osberg, City Administrator
Melanie Mesko, Administrative Assistant/City Clerk
February 13, 2001
Approve 2001 Seasonal Wages
COIJncil Action Rea,IJe6tfld'
Approval of the 2001 seasonal employee wage. The wage scale reflects a 3.2570 increase from
last year's temporary wages:
BackgroIJnd Information'
The Council has traditionally adjusted the hourly seasonal rates at the same percentage that
non-union salaries have been adjusted. Thefollowing figures reflect that adjustment.
Beginning the 15t Year: $7.64/hour
Beginning the 2nd Ye~r: $8.06/hour
Beginning the 3rd Year: $8.34/hour
Beginning the 4th Year: $9.o1/hour
After the 4th year and those employees with supervisory and additional responsibilities:
$9.20/hour
If you have any questions, please do not hesitate to contact me.
VI-4
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council members
Dave Osberg, City Administrator
March 1, 2001
Council-Staff Workshop Facilitator
RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council take action authorizing the utilization of the
services of Don Salverda to serve as the facilitator for the Council-Staff workshop which
will be conducted on Friday April 6th and Saturday April 7th.
BACKGROUND
At a recent City Council meeting, action was taken scheduling the Council-Staff
workshop for Friday April 6th and Saturday April tho Don Salverda has served as the
facilitator on the previous Council-Staff workshops, and has done an excellent job in
assisting the City Council and Staff on establishing goals, and encouraging teamwork
between the Staff and Council. Don has submitted the attached proposal outlining the
services that would be performed, and Staff would recommend approval.
Donald Salverda & Associates
Roseville Professional Center. Suite 511 .2233 N. Hamline Avenue. Roseville, MN 55113 (651) 484-1335
February 19, 2001
Mr. Dave Osberg
City Administrator
City of Hastings
100 Sibley Street
Hastings, MN 55033
Dear Dave:
Thank you for the opportunity to facilitate the city's 2001 Goal Setting - Team Building
Retreat.
You are to be commended for your continuing commitment to excellence in government
by bringing together council members and department heads in an off-site environment
to develop consensus on major issues and opportunities facing the city, to enhance
communication and team spirit, and tp re-c1arify roles and responsibilities.
Previous retreats have gone well. There is no reason to believe that this year's will not
be equally well received:
Enclosed is a proposal for a "Goal Setting - Team Building Retreat" built around the two
half-cll:iYs format that you might react to. I trust that the content and format - similar to
previous retreats - are in line with your thinking; if not, we can alter accordingly.
Enclosed, also, is biographic and support information.
As in the past, I pledge you my best efforts to provide a retreat that meets your
objectives, is educational, and enjoyable.
Thank you again for the opportunity to be of service to you and the City of Hastings.
look forward to the actual retreat.
Sincerely yours,
~..
Don Salverda
Consultant/Facilitator
Donald Salverda & Associates
Roseville Professional Center. Suite 511 .2233 N. Hamline Avenue. Roseville, MN 55113 (651) 484-1335
A PROPOSAL FOR A
GOAL SETTING - TEAM BUILDING RETREA T
FOR THE
CITY OF HASTINGS
Proposal To
Mr. Dave Osberg
City Administrator
Proposed By
Don Salverda
Consu ItantlFacil itator
~.~
WHY HAVE A GOAL SETTING - TEAM BUILDING RETREAT?
1) ORGANIZATIONS NEED TO PERIODICALLY ASSESS THEIR PROGRESS,
RE-ESTABLISH DIRECTION, AND ENHANCE TEAM SPIRIT
2) HOW WELL THE COUNCIL MEMBERS, CITY ADMINISTRATOR, AND
DEPARTMENT HEADS COMMUNICATE AND WORK TOGETHER IS KEY TO
THE CITY'S EFFECTIVENESS
3) IT'S EASIER TO DEVELOP CONSENSUS ON ISSUES, OPPORTUNITIES,
AND GOALS IN AN OFF-SITE RELAXED ENVIRONMENT RATHER THAN THE
FORMALITY OF THE NORMAL WORK ENVIRONMENT
4) A GOAL SETTING - TEAM BUILDING RETREAT IS AN EXCELLENT WAY TO
INTEGRATE NEW MEMBERS ONTO THE LEADERSHIP TEAM
CITY OF HASTINGS
COUNCIL AND DEPARTMENT HEADS
2001 GOAL SETTING - TEAM BUILDING RETREAT
PRIMARY OBJECTIVES
1) To review proaress being made by the city
2) To enhance communication and develop renewed team spirit among the
participants
3) To develop an updated consensus on maior issues and opportunities
facing the city (1-3 year perspective)
4) To draft an updated qoals proqram for the city (1-3 year perspective)
5) To develop preliminary action plans for implementing the goals program
6) To review the roles and responsibilities of the leadership team
7) To be an educational and eniovable retreat that builds on the previous
retreats
8) Other
II FORMAT OF THE RETREAT
The sessions will include a mixture of lecturettes, group participation and
discussion, and individual activities.
Seatinq Arranaements: Tables (preferably round) seating five
participants per table
Audio-visual Needs: One large, standing, metal-backed easel and
writing pad (facilitator will provide)
III TIMING AND LOCATION
Location:
April 6th and 7th
April 6th - Levee Cafe
April yth - City Hall
TiminQ:
IV PARTICIPANT MATERIALS
Each participant will receive a comprehensive outline, related supplemental
materials. Each participant will receive a written Executive Summary of the
Retreat
V THE CONSULTANT/FACILITATOR
- Over twenty-five years experience in the professional development field
- Skilled seminar, workshop, and retreat leader
- Leadership experience in the private, public, and volunteer sectors
- Student of leadership
VI INVESTMENT
Post-Retreat Report Writing
$ 500
$1,600
$ 500
Pre-Retreat Planning and Preparation
On-Site Retreat
Learning instrument cost of $15.00 per participant, plus any additional
expenses incurred with the engagement such as duplicating of handout
materials, easel pad, travel expenses @ $.33/mile, etc.
DAY ONE - FRIDAY
12:00 - 1:00
1 :00 - 1: 1 0
1:10 - 2:30
2:30 - 2:45
2:45 - 4:20
4:15- 4:30
CITY OF HASTINGS
2001 GOAL SETTING - TEAM BUILDING RETREAT
TENTATIVE AGENDA
LUNCH - INFORMAL VISITING
OPENING REMARKS - MAYOR AND CITY ADMINISTRATOR
SESSION 1: "WORKING AS A TEAM - THE CHALLENGE
OF PUBLIC SECTOR LEADERSHIP"
Focus:
. Objectives and expectations for the retreat
. Communication enhancement exercise
. Review of progress
. Key elements of leadership
BREAK
SESSION 2: "WORKING AS A TEAM - PROVIDING DIRECTION"
Focus:
. Changes that are likely to impact the city
. Develop updated consensus on issues and opportunities
. Updating the city's goals program
. The importance of pulling together
SUMMARY OF DAY ONE.- OVERVIEW OF DAY TWO
CITY OF HASTINGS
2001 GOAL SETTING - TEAM BUILDING RETREAT
TENTATIVE AGENDA
DAY TWO - SATURDAY
8:00 - 8:30
COFFEE AND ROLLS - INFORMAL NElWORKING
8:30 - 10:00
SESSION 3: "WORKING AS A TEAM - BUILDING POSITIVE
RELATIONSHIPS"
Focus:
. The importance of mutual respect and trust
. Elements of effective teams
. Reviewing work behavior styles
. Building on strengths
10:00 -10:15
BREAK
SESSION 4: "WORKING AS A TEAM - CLARIFYING ROLES"
10:15-11:45
Focus:
. The interdependency of council staff
. Knowing and fulfilling our roles
. Preliminary action planning
11:45-12:00
SUMMARY AND WRAP-UP COMMENTS
DON SALVERDA
Don Salverda is President of DONALD SALVERDA & ASSOCIATES,
a consulting firm that provides services and materials to business and
industry, government, and professional organizations, in the areas of
team building, strategic planning, leadership, management development,
and customer service.
He has designed and led team building, strategic planning, leadership,
and management retreats and workshops for over fifteen years for a
variety of organizations in both the public and private sectors.
As a retreat and workshop leader his positive and enthusiastic approach convey his own sense of purpose
and belief. He further believes that:
1) People are very busy with limited time; therefore, the process should be practical and highly
productive
2) People learn from each other; therefore, the process should be highly participative
3) The process should be educational, enjoyable, and non-threatening
Don is highly respected for his leadership ability, his results-oriented style, and his commitment of
service to people.
Combining an academic background in engineering with over thirty years of practical experience in the
private, public, and volunteer sectors in a variety of roles and settings, Don has gained a unique and broad
perspective of the challenges facing organizations and individuals.
In addition to serving on a number of boards and commissions, he has served as President of the Sales
and Marketing Executives of Minneapolis, the Roseville-Falcon Heights Chamber of Commerce, the
Association of Minnesota Counties, the Ramsey County League of Local Governments, the North
Suburban Community Foundation and the North Suburban Gavel Association. He has also served as
President of the Roseville Jaycees and as District Chair of the Indianhead Council of the Boy Scouts of
America.
He has been elected to public office and served eighteen years on the Ramsey County Board of
Commissioners.
Don is an active member of the Rotary Club of Roseville and is an avid downhill skier and biker.
Donald Salverda & Associates. 2233 N. Ham1ine Avenue. Roseville, Minnesota 55113 .651-484-1335
Donald Salverda & Associates
Rosevil/e Professional Center. Suite 511 .2233 N. Hamline Avenue. Roseville. MN 55113 (651) 484-1335
ABOUT DONALD SALVERDA & ASSOCIATES
DONALD SAL VERDA & ASSOCIATES is a consulting firm that provides services and
materials to business and industry, government, and professional organizations in the.
areas of leadership and management development, team building, strategic planning
and customer service.
OUR MISSION
Our mission is to enhance.the leadership and management knowledge and skills of
individuals and organizations to enable them to be more effective in an ever-changing
world. .
ABOUT DON SAL VERDA
Don Salverda brings over thirty years of practical experience from the corporate,
govemment. small business, and volunteer sectors. Don is highly respected for his
leadership ability, his results-oriented style, his commitment of service to people, and his
positive and effective approach as a retreat, workshop, and seminar designer and
facilitator.
OUR SERVICES
. Leadership Retreats for Boards, Councils and Management Teams
Designing and facilitating highly participative leadership, team building, strategic
planning, and goal-setting retreats. Time frames range from half-day to three days
in length. Most retreats are held off-site.
. Workshops and Seminars
Open enrollment, organization-sponsored, and in-house workshops and seminars
on a variety of topics designed to enhance participant leadership, management, and
people skills. Time frames range from half-day to full day in length.
. Management Development
Comprehensive management assessment and development program coupled with
follow-up workshops and group discussion sessions.
. Coaching and Consulting
One-on-one Coaching of Managers and Specialized Consulting assignments.
. Materials
A variety of easy-to-administer personal and organizational development tools and
instruments. Train-the- Trainer services available.
VI-5
March 1, 2001
TO:
The Honorable Mayor and Council
FROM:
John Grossman, HRA Director
RE:
Heritage Preservation Grant application
Please authorize submitting this application to the State Historic Preservation Office
for a matching grant for the revision and publication of our guidelines and criteria
for making changes to historic properties. Our guidelines are over t 5 years old and
need updating and should be presented in an attractive and easy to use format. Half
of the matching fimds are in the City budget for 2001, and the other half will be
requested for 2002.
I Appendix I I
Minnesota Historical Society
Certified Local Government
Grant Application
Date Received:
MHS Number:
Name of City C-ify of H;!~1-i Plg.c:
Mailing Address 101 E. Fourth Street
City/StatelZip
Hastings, MN 55033
CLG Certification Date: 5- 1 O-RR
3. Fiscal Officer:
.
Tori liibl-st"',..
Name
Signature
M; ,..ht;JQ. 1 n liibrnOT
Print Name
101 E. Fourth street
Street Address
651-437-4127
Telephone Number .
Hastinqs. MN. 55033
City/StatelZip
4. Project Director:
5, Heritage Preservation Commission Chair:
John Grossman
Name
Richard 'lhorsen
Name
101 E. Fourth Street
Street Address
315 Pine street
Street Address
Hastings, MN 55033
City/StatelZlp
H;,,*;ng.c:, MN C;C;O":l":l
City/StatelZip
651-437-4127
Telephone Number
651-437-8093
Telephone ",umber
6. Brief Project Description:
7. Budget Summary
To ~ise. iI1lp~ ann distrihlrt-..e 't-AA
Grant Funds
$10.000.00
ci ty I s hi l'l'tori c prPl'leT"WlH on 911; nj:> 1 ; nes
Applicant Match
$10.000.00
and preservation ordinance criteria.
Total Project Budget
$20,000.00
8. Project Duration .Tll1y 1, ?n01 _ .TllT1P 10
9. Project Area
F. Public Education: to produce and distribute a set of preservation materials
primarily for owners of historic properties
10. Detailed Project Information
A. MATERIALS. The materials will consist of three sets of design guidelines, the
portion of the preservation ordinance related to review of building permits and a
resource guide. The materials will be produced in a new, easy to use format and
distributed in a variety of media. These materials are the working tools of Heritage
Preservation Commission. They give owners specific direction for making changes
to their properties and they provide the HPC a set of consistent standards for permit
review of changes to designated properties.
B. GUIDELINES. The existing guidelines all need work. See the attached
samples. They need to be reproduced in a consistent, easy to use format.
· The commercial guidelines are 16 years old and need more specific detail.
· The residential guidelines are 3 years old. The content is good but they need
to be presented in a more graphic style. Concepts such as appropriate and
compatible need to be shown by example.
· The conservation area guidelines exist only in draft form. The language will
be reviewed, amended and adopted by the consultant, HPC and Council in
2001. Together with maps and illustrations, they will be included in this
project.
C. CRITERIA. The permit review criteria in the City's preservation ordinance are
applied to each application. The criteria will incorporate the Secretary of the
Interior's Standards as general principles applicable to all changes to heritage
preservation sites. They are 17 years old and experience indicates where definition,
improvement and expansion is needed. Terms used in the existing criteria need to
be defined and expanded. Examples are:
· economic hardship
· reasonable use of owners property
· economic value and usefulness
· danger to life and safety
D. RESOURCES. Lists of preservation resources are important in the practical
application of guidelines. Resources to be included are:
· Financial assistance programs which could be applied to historic
rehabilitation
· Reference publications and web sites that provide examples and techniques,
· Local area sources for references, products and services for historic work.
E. DISlRIBUTION. The materials will be produced originally in an electronic
format which can be used to print the brochures, and load the material on City
systems.
· The brochures will be mailed to property owners, libraries, area realtors and
contractors. The will be distributed to City staff and officials. They will be
made available to the public at information racks and by mail on request.
New owners will be mailed the material as properties change hands.
· The materials will also be available from the City bye-mail and fax or from
the City's web page.
· A public workshop will introduce the materials to owners, contractors and
realtors. The workshop will be held in the spring of 2002, and may be
repeated eveI)' few years.
F. GOALS. The project addresses the following goals from the statewide
preservation plan: increase conummity awareness; encourage preservation
education; reach new audiences; use internet and new technologies; develop
information and programs for owners of historic properties; integrate historic
preservation at all levels of planning; strengthen local ordinances.
11. Project products. The materials will be printed in the form of printed
brochures. There will be a separate brochures for residential, commercial and
conservation guidelines. All three will contain the ordinance criteria and
appropriate resources. The budget costs are based on printing 1,000 of each. This
supply should last for many years. They will not be sold. The brochure content
will also be available electronically as needed.
12. Community support.
The City Council has budgeted $5,000 for matching funds in 2001 and will be asked
to budget another $5,000 for 2002 as the project extends over two City fiscal years.
This public education project is the priority of the Heritage Preservation
Commission's work plan. The Commissioners will provide direction to the
consultant throughout the project and will help with promotion and the workshop.
13. Project impact.
The survey, research and designation projects, conducted with the assistance of
former CLG grants have greatly increased the number of designated properties,
local awareness of preservation, and the work load of the Heritage Preservation
Commission. Improved public informational materials will greatly improve the
owners' ability to plan and propose changes, and the City's ability to review the
changes in a timely manner.
In addition to the materials, owners will be advised on how to involve the HPC
before applying for a building permit. The materials will make it easier for the
owners, the general public, and the staff to understand how to use the guidelines
and criteria when considering changes to designated properties. The HPC, Building
and Planning staffwill be able to provide advice quickly and consistently. This
alone will save a great deal of time, effort and expense for all concerned.
14. Project personnel.
The Project Director will be John Grossman, HRA Director of the City of Hastings.
As HPC staff, he has managed five previous CLG grants. The consultant hired to
provide the products will meet the Secretary of Interior's Professional
Qualifications. Most of the Heritage Preservation Commissioners have many years
of design review experience.
Applicant Match
Budget Item Grant Cash In-Kind Donated Total
Consultant
$50/hr . . 340 hours $10,000 $7,000 $17 ,000
Printing
3,000 copies at $1.00 $3,000 $3,000
.'-.
.
I
.
-
A. B. C. D. E.
$10,000 $10,000 $20,000
TOTAL
Column A must not exceed the total of
Columns B + C + D
4
CITY OF HASTINGS
VI-6
101 4th Street East. Hastings, MN 55033-1955
651-437-4127. Fax: 651-437-7082
CITY OF HASTINGS
POSITION DESCRIPTION
Position Title:
Department:
Reports To:
Exempt:
Normal Shift:
Approved by
City Council:
Park and Recreation Assistant
Parks & Recr~.ations
Aquatic Center Manager & Civic Arena Manager
No
Variable hours, including nights, weekends, and holidays
SUMMARY
This is a non-union, non-exempt position whose hours will divided between the Hastings Family
Aquatic Center and the Civic Arena. This position will work from approximately May to
September at the Aquatic Center and from September to May at the civic arena.
ESSENT AL DUTIES & RESPONSIBILITIES
. Aquatic Center
. Work with the Facility Manager on all aspects of community aquatics programs,
including but not limited to planning, recruiting, etc.
. Daily supervision of lifeguards, guest service attendants, and locker room attendants.
. Assist and oversee daily operations of facility, including scheduling and training of
lifeguards, guest service attendants, locker room attendants, and maintenance staff.
. Oversee the swim lessons and water aerobic programs.
. Assists with the supervision of local swim team aquatic center use.
. Assist with planning and supervision of aquatic center special events such as after hour
rentals, teen nights, etc.
. Assist the Facility Manager in the presentation of various in-service and risk management
training.
. Generate daily facility reports as requested by the Facility Manager.
. Keep Facility Manager informed of work progress, problems, or concerns.
. Assign tasks and daily work assignments to pool staff and provide informal feedback to
employees regarding their daily work performance.
. Assist Facility Manager with disciplinary procedures concerning employees and patrons.
Hastings ;n the M:i';'issippl
'-,
City of Hastings
Position Description: Parks & Recreation Assistant
February, 2001
Page 2 of3
· Civic Arena
· Work with Facility Manager in supervising part-time/seasonal arena staff.
· Assist and oversee that all policies and procedures are being followed.
· Assist the Facility Manager in the presentation of the various in-service and risk
management training.
· Assist and operate ice re-surfacer.
· Assist with generation of daily and annual facility reports, accident, incident, and
seasonal reports.
· Assist with providing updates and revisions to policy and procedure manuals.
· Keep Facility Manager infomied of work progress, problems, and/or concerns.
· Assist with general marketing and promotions of seasonal ice, including but not limited
to creating brochures and promotional flyers and providing information to update City
web page.
· Regular attendance is required.
· Performs other duties and assumes other responsibilities as apparent or as delegated.
REOUlRED OUALlFICA nONS:
· High School Diploma or OED equivalent;
· I + years experience in aquatic management/leadership;
· Current Lifeguard, CPR-PR, and First Aid certifications;
· Current Water Safety Instructor certification;
· Good verbal and written English communication skills and ability to communicate
effectively orally and in writing;
· Familiarity with Microsoft Office applications and other basic computer skills;
· Good organizational skills;
· Valid drivers license;
· Broad knowledge of youth behavior and conduct and the ability to relate well with youth and
adults;
· Ability to achieve and establish priorities;
· Occasional on-call availability required;
· Must be able to meet the essential duties of this position as outlined in this position
description
DESIRED OUALIFICATIONS:
· Certified Pool Operator
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
City of Hastings
Position Description: Parks & Recreation Assistant
February, 2001
Page 3 of3
While performing the duties of this job, the employee is regularly required to sit, talk or hear,
stand, walk, use hands to finger, handle or operate objects, tools or equipment; reach with hands
and arms; climb or balance; stoop, kneel, crouch or crawl; taste and smell; lift or move up to fifty
(50) pounds. Specific vision abilities required by this job include close vision, distance vision,
color vision, peripheral vision, depth perception, and the ability to adjust focus.
WORK ENVIRONMENT:
The work environment characteristics described her are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
. Work is performed in various indoor and outdoor conditions, including but not limited to
rain, cool temperatures, hot temperatures.
. The noise level in the work environment is generally fairly noisy and may occasionally be
very nOlsy.
Upon conditional offer of employment, candidates must successfully complete a criminal
background check, pre-employment physical, and pre-employment drug screen.
Application materials can be obtained by calling 651-437-4127. A completed application form
may be submitted to the Administrative Assistant/City Clerk, 101 Fourth Street East, Hastings,
MN 55033 for consideration. Applicants are encouraged to include supplemental information
that demonstrates previous experience. The City of Hastings is an Equal Opportunity Employer.
Posted:
Closing Date:
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VIII-A-1
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Public Hearing, Lock & Dam Access Road and Riverfront Trail Improvements
March I, 200 I
Enclosed is a copy of the feasibility report for the proposed Lock & Dam Access Road
and Riverfront Trail Improvement Project that was included in the packet for the February 20th
Council meeting. In addition to the City's park property and the Koch former tank farm property,
three other property owners are proposed to be assessed for this project, liD Hudson
Manufacturing, Margie Reuter, and Patricia Effinger.
I was contacted by Patricia Effinger who had questions about the amount of her
assessment, and Gloria Lawrence, Margie Reuter's daughter. Ms. Lawrence questioned the
benefit ofthe road improvements to her mother's property, noting that their access is off of
Ashland Street and the alley. She also questioned the property boundaries as shown by the
Dakota County GIS information, mentioning that her documents and surveys differ from the
County's. Ms. Lawrence was also concerned about the impact of road grades and construction
on her mother's property.
In response to the benefit question, I noted that her mother's property was being treated as
a comer lot and assessed Y, of the frontage of a typical lot. However, I did discover that the
frontage used is wrong; the feasibility report for the Effinger and Reuter properties show 150 ft.
of total frontage/75 ft. assessed. The correct frontage should be 140 ft. of total frontage/70 ft.
assessed.
Regarding property boundaries, there is a legitimate concern about the correctness of the
County's mapping. I have asked Ms. Lawrence to furnish me a copy ofthe road easement that
was obtained by the Federal Government and the railroad in the mid-50's and I will have our
engineering consultant review property records to make sure the City is working within our right
of way or easement rights.
With respect to impacts on the Reuter property, the road will be widened from 24 ft. to 28
ft., but this widening may be able to be accomplished within the area of the existing road
shoulders. The grade will also be lowered a little to accommodate a new driveway location for
HD Hudson. However, as with most road projects, there will be impact to the side slopes
abutting the Reuter property and the design and construction ofthe road improvements will be
conducted so as to minimize these impacts as much as is practicable and to restore any damage
done.
COUNCIL ACTION REQUESTED
Council is requested to adopt the enclosed resolution ordering the Lock and Dam Access
Road and Riverfront Trail improvements, approving the plans and specifications, and authorizing
advertisement for bids for the project.
CITY OF HASTINGS
Dakota County, Minnesota
Resolution No.
RESOLUTION ORDERING THE IMPROVEMENT, ApPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR
PROJECT No. 2000-20,
LOCK & DAM #2 ACCESS ROAD AND RIVERFRONT TRAIL IMPROVEMENTS
WHEREAS, a resolution ofthe City Council adopted the 20th day of February, 2001, fixed a date for a
Council hearing on the proposed street, bituminous trail, sanitary sewer, watermain, storm sewer
building and fence demolition improvements for the Lock & Dam #2 Access Road and Riverfront Trail
Improvements,
WHEREAS, ten days mailed notice and two weeks published notice ofthe hearing was given, and the
hearing was held thereon on the 5th day of March, 2001, at which all persons desiring to be heard were
given an opportunity to be heard thereon,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the feasibility report dated
February 14,2001.
3. The plans and specifications presented by the Hastings Public Works Director are
hereby approved.
4. The Public Works Director shall prepare and cause to be inserted in the Hastings Star
Gazette and in the Construction Bulletin an advertisement for bids for the
construction ofthe Lock & Dam #2 Access Road and Riverfront Trail Improvements
in accordance with such approved plans and specifications. The advertisement shall
be published for two weeks, shall specify the work to be done, shall state that bids
will opened and considered by the Council at 10:00 AM, Thursday, March 29, 2001
at Hastings City Hall, and that no bids will considered unless sealed and filed with
the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified
check payable to the City of Hastings for 5%ofthe amount of each bid.
1
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 51h DAY OF
MARCH, 2001.
Ayes:
Nays:
Michael D. Werner. Mayor
A TIEST:
Melanie Mesko, City Clerk
(SEAL)
2
RIVERFRONT IMPROVEMENTS
LOCK AND DAM ACCESS ROAD AND TRAIL
Hastings, Minnesota
Project No.: 2000-20
Location: Lock and Dam Access Road
Improvement: Street reconstruction, storm sewer, sanitary sewer, watermain and trail
construction, building and fence demolition
Initiation: City Initiated Project
Owners Abutting: 4
Right of Way: The project will be constructed within the existing right of way or City
property. A temporary construction easement will be needed to relocate
the Hudson Manufacturing parking lot driveway.
Feasibility: This project is feasible, necessary, and cost effective, and will result in
benefits to the properties served.
Completion: Fall of2001
FUNDING SUMMARY:
2.)
3.)
1.)
TOTAL PROJECT COSTS:
(Includes 10 % Contingencies, 11 % for Engr., Legal,
Administration, and Bonding Costs, 1 % assessment roll
preparation, and 8% capitalized interest)
$1,434,035.98
FUNDING SOURCES:
Corps of Engineers
LCMR Grant
Assessed City Property and City Participation
Assessments
$ 365,810.00
$ 155,000.00
$ 903,066.82
$ 10,159.16
ASSESSMENT RATES:
Street (Reconstruction):
Storm Sewer:
Water Service
Sewer Service (Force Main)
$ 11.77/FF
$ 8.76/FF
$ 2,000/EA
$ 2,000/EA
D:\tom\WPDOCS\IMPR\L&DAccessRD\2000-20FRPT. wpd
Riverfront Improvements
Project 2000-20
Lock and Dam Access Road and Trail Improvements
Assessment Analvsis:
1.)
STREET ASSESSMENT
Estimated Street Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding
Plus Assessment Roll Prep and Cap Interest (9%)
Less Corps of Engineers Participation
Less City Participation (center 24')
Total Estimated Assessable Project Costs
Assessable Frontage
Estimated Assessment Per Front Foot
2.)
STORM SEWER ASSESSMENT
Estimated Storm Sewer Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding (11%)
Plus Assessment Roll Prep and Cap Interest (9%)
Less Corps of Engineers Participation
Total Estimated Assessable Project Costs
Assessable Frontage
Estimated Assessment Per Front Foot
3.)
SANITARY SEWER ASSESSMENT
Estimated Sanitary Sewer Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding (11 %)
Plus Assessment Roll Prep and Cap Interest (9%)
Total Estimated Assessable Project Costs
D:\tom\Spreadsheets\l&d2accessroad Est. QPW
$641,850.00
$64.185.00
$706,035.00
$136,660.30
$47,394.05
$316,094.71
$452.808.00
$121,186.64
10,300 ft
$11.77 per FF
$100,950.00
$10.095.00
$111,045.00
$21,493.90
$7,454.12
$49.715.29
$90,277.73
10,000 ft
$9.03 per FF
$34,960.00
$3.496.00
$38,456.00
$7,443.55
$4.130.96
$50,030.51
02/12/01 TMM
Riverfront Improvements
Project 2000-20
Lock and Dam Access Road and Trail Improvements
Assessment Analvsis:
4.)
WATERMAIN ASSESSMENT
Estimated Watermain Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding (11 %)
Plus Assessment Roll Prep and Cap Interest (9%)
Total Estimated Assessable Project Costs
5.)
RIVERFRONT TRAIL
Estimated Trail Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding (11 %)
Plus Assessment Roll Prep and Cap Interest (9%)
Less LCMR Grant
Total Estimated Assessable Project Costs
6.)
BUILDING AND FENCE DEMOLITION
Estimated Building Demolition Costs
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding (11%)
Plus Assessment Roll Prep and Cap Interest (9%)
Total Estimated Assessable Project Costs
D:\tom\Spreadsheets\l&d2accessroadEst.QPW
$62,100.00
$6.210.00
$68,310.00
$13,222.10
$7.337.89
$88,869.99
$166,560.00
$16.656.00
$183,216.00
$35,463.33
$5,731.14
$155.000.00
$69,410.47
$28,400.00
$2.840.00
$31,240.00
$6,046.82
$3,355.81
$40,642.64
02/12/01 TMM
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VIII-A-1
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Informational Presentation - Lock and Dam Access Road and Trail Improvements
January 8, 2001
The following is some general information about the proposed Phase 1 Riverfront
improvements that I will be presenting to the Council at the January 16th meeting.
I. IMPROVEMENTS
The Phase 1 Riverfront improvements consist of the-following improvements;
~ Reconstruct the Access Road - The existing 24 ft. wide Lock and Dam Access Road will be
reconstructed with concrete curb and gutter to a 28 ft. width. No parking will be allowed along
the roadway. ! , '
~ New Alignment - The Lock and Dam Access Road will be constructed on a new alignment
beginning at the bottom of the hill coming down from 2nd Street. The new alignment will
swing towards Lake Rebecca to create an area for an interpretive center and bandshell. The
new alignment will swing back towards the river to enter the Koch tank farm property near the
location ofthe existing main gate. The new alignment will cut through the Koch tank farm
property near the river side ofthe old tank locations, before swinging riverward to match the
existing access road alignment at the downstream end ofthe Lock and Dam property. A new
entrance to the Mississippi River public access boat ramp will be created that will separate the
boat ramp activities from the Lock and Dam Access Road.
~ Trail Extension - The existing Riverfront Trail ..:vlll be extended upstream from the public
access to connect with the existing trail system through the Lock and Dam property. This trail
extension will be 10ft. wide and will generally be constructed over the existing road
alignment. Another new trail will be constructed from 2nd St. down to match into the existing
Riverfront Trail at the bottom ofthe hill. Due to space constraints and steep side slopes, this
trail will be constructed at an 8 ft. width.
~ Storm Sewer - Storm sewer will be installed as part of the road improvements. Some of the
storm water will be directed to the existing Lake Rebecca outlet pond. Farther upstream, storm
water will be discharged into small settlement basins and be allowed to infiltrate over the
natural area between the new road alignment and the trail extension.
~ Trail Lighting - Xcel Energy will install decorative lights along the new trail.
IMPROVEMENTS (CONT.)
.. Utility Service - A sanitary sewer force main and a water main will be extended from 2nd St.
down to the site of the proposed interpretive center. Sewer service for the proposed
interpretive center will require a pump station to be constructed inside the building.
.. Building Demolition and Fence Removal - The existing Lake Rebecca bath house and
restroom will be demolished under this project. The existing barb wire topped chain link fence
surrounding the Koch property will be removed.
.. Dredge Disposal Site - All of the existing dredge spoil on the Koch tank farm property near
the Lock and Dam property line will be used either in the road construction or for grading
around the proposed interpretive center. The Corps of Engineers wants to continue with a
permanent leased site in this area. Approximately four acres ofthe tank farm site has been
designated for this use in the Riverfront Improvements concept plan. A gravel access road will
be constructed to connect the site to the new Lock and Dam Access Road. The dredge material
is good granular material and future dredge spoils will be made available to anyone for use as
clean fill on a first come/first served basis. The Corps of Engineers anticipates dredging
activities to occur about every four to five years. The Street Department will also use this site
for snow storage. Currently, snow hauled from the Downtown area is deposited on the public
access parking lot.
II. FUNDING
Enclosed with this report is a draft Feasibility Report funding summary and assessment
analysis. The total proj ect cost is estimated at $1.4 million. This cost includes construction costs
of about $1.04 million, contigencies, engineering, legal, and bonding costs. The Corps of
Engineers has agreed to fund Y2 of the cost of rebuilding the access road along the existing
alignment. The Corps does not want to pay for extra costs involved in constructing a longer road
along the proposed new alignment. Their estimated share ofthe road improvements is $365,000.
The City has also received a LCMR grant in the amount of$155,000, and Koch Refining has
donated all but the northwest 300 ft. oftheir tank farm property to the City.
Approximately $900,000 ofthe remaining project costs would be assessed against the
City's Lake Rebecca property and donated Koch Refining tank farm, boat landing, and Jaycee
property, or included as City participation for reconstructing the center 24 ft. of the existing
access road as called for in the City's assessment policy. In addition to street and storm sewer
assessments, the City would assess itself for the sanitary sewer and water extensions installed to
service a proposed interpretive center, building demolition and fence removal, and the remaining
balance ofthe trail improvements not covered by the LCMR grant.
III. OTHER ASSESSMENTS
In addition to assessing City property, approximately $10,000 is proposed to be assessed
against three other property owners for the Lock and Dam access road improvements. Hudson
Manufacturing and the Effinger and Reuter properties west of Hudson Manufacturing all abut the
Lock and Dam access road ( see enclosed drawing). The Effinger and Reuter properties would
be assessed approximately $1,500 each for the street and storm sewer improvements, while the
Hudson Manufacturing would be assessed approximately $3,100. In addition, $4,000 of sanitary
OTHER ASSESSMENTS (CONT.)
sewer and water service assessments would be recommended to be deferred against the Reuter
property until such time as the City's shoreland ordinance is revised to permit splitting this
property to make an additional buildable site.
IV, IMPROVEMENT SCHEDULE
The LCMR grant stipulates that construction of the trail must be completed by June 30,
2001. The proposed schedule will prioritize the trail construction, with specifications calling for
a June 1,2001 completion date. A temporary access road will be constructed to provide access
to the Lock and Dam. The following is the proposed project schedule:
DATE ACTION
January 16, 2001 Informational Presentation to Council- project scope, cost and
benefitted properties, status of property transfer and Corps
agreement.
February 19, 2001 Council Accepts Feasibility Report and Orders Public Hearing
March 5,2001 Public Hearing - Order Improvements, Approve Plans,
Authorize Advertisement for Bids.
March 29, 2001 Open Bids, 10:00 AM
April 2, 2001 Award Bids
June 1,2001 Complete Trail Improvements
October 1,2001 Complete Project Improvements
V. STATUS OF KOCH PROPERTY TRANSFER
The warranty deed transferring the Koch Refining property to the City should be brought
before the City Council for approval early this spring. Dennis Coyne, an environmental attorney
the City's HRA has used in the past, was retained to review the draft warranty deed language,
negotiate revisions with Koch Refining, and advise the City on liability issues associated with the
soil and groundwater contamination on the Koch property.
As part ofthe proposed improvements, soil containing lead paint chips from tank
repainting operations will be encapsulated beneath the new roadway. Koch has also removed
petroleum contaminated soils from the tank farm property. The groundwater contamination is
attenuating, and Koch has received a letter of closure from the MPCA noting that no further
action is needed on the soil and groundwater petroleum contamination and that the existing
monitoring wells may be capped and sealed.
The City has received a general liability letter from the MPCA noting that Minnesota
State Statutes are interpreted by the MPCA such that "if a person comes into possession of
property after the tanks have been removed that person is not a 'responsible person' and cannot
be ordered to take corrective action... ". In addition, the City has applied for and will be
receiving a "No Association" letter from the MPCA concerning the lead paint chips that will be
encapsulated beneath the roadway. Another "No Association" letter has been requested of the
MPCA for the petroleum contamination.
VI. STATUS OF CORPS OF ENGINEERS AGREEMENT
The Corps of Engineers is preparing an amendment to the 1962 access and maintenance
agreement between the Corps of Engineers, Koch Refining and the City governing the existing
access road. Under the terms of the amended agreement, the Corps of Engineers will pay Y2 the
cost of reconstructing the existing road along it current alignment. The City will maintain the
new access road ( snow removal, patching, seal coating). The Corps will share in the cost of
future major improvements such as overlays or reconstruction.
In order to cost share in the road construction, the Corps must perform and
Environmental Assessment, a process similar to an EA W. The Environmental Assessment has
recently been completed and will be distributed to local, state and federal agencies for comment.
A public notice will also be published. The comment period runs for 60 days.
VIII-B-1
February 28, 2001
TO:
The Honorable Mayor & Council
FROM:
John Grossman
RE:
Approve execution of purchase agreement with Birchen Enterprises
for industrial park property
SUMMARY:
Council approval of the City purchase agreement for a lot in the Industrial Park is
the next step toward the relocation of Birchen Enterprises and acquisition of their
downtown riverfront property.
BACKGROUND:
On December 13,2000, City Council approved the concept of relocation of
Birchen Enterprises from their downtown property to a City lot in the Industrial
Park. Consequently, attorneys for the City, the HRA and Birchen Enterprises have
completed the attached purchase agreements for the Industrial Park property and the
downtown property.
Final transfer of the city property is conditional on the simultaneous purchase of the
downtown riverfront property by the HRA. Council will consider approval on
March 5 and the HRA on March 8, 2001. After the purchase agreements are
executed, the abstracts for both properties will be examined for title insurance. A
final environmental review will be done, and if there are no obstacles, the sales of
both properties will be closed, possibly in April. After closing, Birchen
Enterprises will be the HRA's tenant until they can move into a new building in the
Park. They will continue to pay property taxes.
Future use of the riverfront property (Map 1)
The site was formerly known as Local Oil before they sold the bulk oil business to
Cenex and reorganized as Birchen Enterprises. The tanks have been removed,
leaving an office-warehouse, garage and storage buildings which will be
demolished. Letters and certificates from the MPCA document completion of
environmental clean-up of the riverfront property. That part of the Birchen property
south of the 100 year flood line, together with the former Master's property, will
make a rectangular redevelopment parcel. After acquisition the property will be
rezoned from Industrial to Mixed Use in conformance with the Comprehensive Plan.
Mixed use would allow either or both residential and commercial development. Part
of the property may be used for parking, both for downtown use and for transit if
commuter rail is established.
Future use of the Industrial Park property (Map 2)
The 1.4 acre lot proposed for transfer is on Millard Ave, north of Spiral Blvd.,
described as Lot 2, Block 1, Hastings Industrial Park No.2. Birchen Enterprises
agrees to build an office-warehouse of no less than 4,500 sq.ft, on this lot within
two years. The agreement does not alter the normal City and Industrial Park Board
review and permit process for building and site plans.
Business subsidy analysis
Under state law and the City's business subsidy criteria, conveying property at less
than market value is a business subsidy unless the value of the assistance is under
$25,000. The exception has been applied in this case as the value of the City
property is considered part of the purchase price and in lieu of relocation expenses.
State law requires relocation reimbursement when property is purchased by the
public for redevelopment. Staff estimates that the net value of the assistance is well
under $25,000.
Public Purposes of the transaction
The public purposes of both the purchase of riverfront property and new
construction on the industrial property include: (1) relocates uses which are non-
conforming with the comprehensive plan, zoning and Shorelands ordinances; (2)
increases the tax base (3) improves appearance and public access to the riverfront
(4) facilitates new investment in the downtown redevelopment area (5) retains a
local business in the City.
RECOMMENDATION: Authorize the Mayor and City Clerk to execute the City's
purchase agreement for the parcel in the Industrial Park. Closing on this parcel is
contingent upon also closing the purchase of the Birchen property by the HRA.
C:\WINNT\Profiles\jgrossman\PersooalIlPBIBirchen.memo.cc.wpd
February 15,2001
PURCHASE AND
DEVELOPMENT AGREEMENT
By and Between
CITY OF HASTINGS, MINNESOTA
and
BIRCHEN ENTERPRISES, INC.
Dated:
,2001
This document was drafted by:
BRADLEY & DEIKE, P. A.
5100 Eden Avenue, Suite 308
Edina, MN 55436
Telephone: (952) 926-5337
Rjd agrmtlhastingsbirchenrevised
TABLE OF CONTENTS
PREAMBLE
~
1
ARTICLE I
Definitions
Section 1.1. Definitions
2
ARTICLE II
Representations
Section 2.1. Representations by the City
Section 2.2. Representations by the Developer
3
4
ARTICLE III
Conveyance of Property
Section 3.1. Status of Property
Section 3.2. Agreement to Sell
Section 3.3. Conditions Precedent to Conveyance
Section 3.4. Title
Section 3.5. Environmental Assessment
Section 3.6. Closing
Section 3.7. Access to Property
Section 3.8. No Business Subsidy
5
5
5
5
6
6
7
7
ARTICLE IV
Construction of Improvements
Section 4.1. Construction of Improvements
7
(i)
Section 4.2. Construction Plans and Site Plan
Section 4.3. Commencement and Completion of Construction
ARTICLE V
Insurance
Section 5.1. Insurance
ARTICLE VI
Taxes
Section 6.1. Real Property Taxes
ARTICLE VII
Intentionally Omitted
ARTICLE VIII
Prohibitions Against Assignment and Transfer: Indemnification
Section 8.1. Prohibition Against Transfer of Property and
Assignment of Agreement
Section 8.2. Release and Indemnification Covenants
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined
Section 9.2. Remedies on Default
Section 9.3. No Remedy Exclusive
(ii)
7
8
9
9
10
10
11
11
12
Section 9.4. No Additional Waiver Implied by
One Waiver
Section 9.5. Effect of Termination of Agreement
12
12
ARTICLE X
Additional Provisions
Section 10.1. Representatives Not Individually Liable
Section 10.2. Provisions Not Merged With Deed
Section 10.3. Titles of Articles and Sections
Section 10.4. Notices and Demands
Section 10.5. Disclaimer of Relationships
Section 10.6. Modifications
Section 10.7. Counterparts
Section 10.8. Judicial Interpretation
Section 10.9. Severability
12
12
12
12
13
13
13
13
13
SCHEDULE A
SCHEDULE B
SCHEDULE C
Description of Property
Deed
Authority Agreement
(iii)
PURCHASE AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, made on or as of the day of ,2001,
by and between the City of Hastings, Minnesota, a home rule charter city under the laws of the
State of Minnesota (hereinafter referred to as the "City"), and having its principal office at 101
4th Street East, Hastings, Minnesota 55033-1955, and Birchen Enterprises, Inc., a Minnesota
corporation (hereinafter referred to as the "Developer"), having its principal office in Hastings,
Minnesota 55033.
WITNESSETH:
WHEREAS, the City is a home rule charter city under the laws of the State of Minnesota
and is the owner of certain real property located in an industrial park within the City (which real
property is referred to herein as the "Property"); and
WHEREAS, the City has identified as one of its objectives the encouraging of economic
development and job growth within the City by inducing and assisting new business to locate in
the City and existing businesses to expand their operations; and
WHEREAS, the Housing and Redevelopment Authority In and for the City of Hastings
(the "Authority") has negotiated an agreement (the "Authority Agreement") with the Developer
under which the Authority will purchase from the Developer the real property on which the
Developer currently operates its business; and
WHEREAS, the Developer's willingness to enter into the Authority Agreement was
conditioned on the City's agreement that it would sell the Property to the Developer so that the
Developer could relocate its business to the Property; and
WHEREAS, the City believes that the Authority's purchase of the Developer's property
pursuant to the Authority Agreement and the relocation of the Developer's business to the
Property will help achieve the City's and the Authority's goals for redevelopment of the area of
the City within which the Developer's business is now located; and
WHEREAS, the City is willing to sell the Property to the Developer but only if the
Developer complies with its construction obligations and other covenants under this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Authority" means the Housing and Redevelopment Authority In and For the City of
Hastings, its successors and assigns. ...
"Authority Agreement" means the Real Estate Purchase Agreement of even date herewith
. between the Authority and the Developer, a copy of which is attached hereto as Schedule Co
"City" means the City of Hastings, Minnesota.
"Construction Plans" means the plans, specifications, drawings and related documents on
the construction work to be performed by the Developer on the Property which shall be at least
as detailed as the plans to be submitted to the building inspector of the City and shall include
such supplemental information as the City may reasonably require.
"County" means Dakota County, Minnesota.
"Deed" means the deed in the form of Schedule B attached hereto.
"Developer" means Birchen Enterprises, Inc., a Minnesota corporation, its successors and
assigns, and any future owners of any interest in the Property.
"Event of Default" means an action listed in Section 9.1 of this Agreement.
"Hazardous Substances" means asbestos, urea formaldehyde, polychlorinated biphenyls,
nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens,
petroleum products and also all dangerous, toxic or hazardous pollutants, contaminates,
chemicals, materials or substances defined as hazardous or as a pollutant or contaminant in, or
the release or disposal of which is regulated by, any Laws or Regulations, as hereafter defined.
Laws or Regulations mean and include the Comprehensive Environmental Response and
Liability Act ("CERCLA" or the Federal Superfund Act) as amended by the Superfund
Amendments and Reauthorization Act of 1986 ("SARA") 42 V.S.C. 9601-9675; The Federal
Resource Conservation and Recovery Act of 1986 ("RCRA"); the Clean Water Act, 33 U.S.C.
1321, et seq.; the Clean Air Act 42 V.S.C. 7401, et seq., all as the same may be from time to time
amended, and any other federal, state, county, municipal, local or other statute, law ordinance or
regulation which may relate to or deal with human health or the environment including, without
limitation, all regulations promulgated by a regulatory body pursuant to any such statute, law or
ordinance.
2
"Improvements" means the construction by the Developer of a building of at least 4,500
square feet on the Property in accordance with the Construction Plans.
"Permitted Encumbrances" means the provisions of the Deed and this Agreement:
reservations of minerals or mineral rights to the State of Minnesota; public utility, roadway and
other easements which will not adversely affect the development and use of the Property
pursuant to the Developer's Construction Plans; building laws, regulations and ordinances
consistent with the Improvements; real estate taxes that Developer agrees to payor assume
pursuant to this Agreement; restrictions, covenants and easements of record that do not
materially adversely affect the development and use of the Improvements; and exceptions to title
to the Property which are not objected to by Developer upon examination of the title evidence to
be delivered to the Developer pursuant to Section 3.4 of this Agreement.
"Property" means the real property described in Schedule A of this Agreement.
"State" means the State of Minnesota,
"Unavoidable Delays" means delays which are the direct result of acts of God, unforeseen
adverse weather conditions, strikes, other labor troubles, fire or other casuahy to the
Improvements, litigation commenced by third parties which, by injunction or other similar
judicial action, directly results in delays, or acts of any federal, state or local governmental unit
(other than the City in enforcing its rights under this Agreement) which directly result in delays.
ARTICLE II
Representations
Section 2.1. Representations bv the City. The City makes the following representations as
the basis for the undertaking on its part herein contained:
(a) The City is a home rule charter city organized and existing under the laws of the
State. Under the laws of the State, the City has the power to enter into this Agreement and to
perform its obligations hereunder.
(b) The Property is directly accessible to city sewer and water located in the adjacent
right-of-way or in a utility easement.
(c) To the best of the City's knowledge and belief, at the time of execution by the City
of this Agreement, there are no environmental proceedings, applications, ordinances, petitions,
court pleadings, resolutions, investigations by public or private agencies, or other matters
pending which could prohibit, impede, delay or adversely effect the contemplated use of the
Property.
3
(d) To the best of the City's knowledge and belief, no underground storage tanks or
Hazardous Substances have been, or pending the conveyance of the Property shall be, installed,
used, incorporated into, discharged, released, stored, generated, disposed of, or allowed to escape
in, to, or upon the Property.
(e) To the best of the City's knowledge and belief, no investigation, administrative
order, consent order or agreement, litigation, or settlement with respect to Hazardous Substances
is proposed, threatened, anticipated or in existence with respect to the Property.
(f) The Property: (i) consists of 1.4 acres; (ii) is currently zoned 1-1; (iii) is not in the
designated 100 year flood plain area; and (iv) does not currently receive preferential tax
treatment (i.e. Green Acres).
Section 2.2. R~resentations by the Developer. The Developer represents that:
(a) The Developer is a corporation duly organized and authorized to transact business
in the State, is not in violation of any provisions of its articles of incorporation or bylaws or the
laws of the State, has power to enter into this Agreement and has duly authorized the execution,
delivery and performance of this Agreement by proper action of its directors.
(b) The Developer will construct the Improvements in accordance with the terms of
this Agreement and all local, state and federal laws and regulations (including, but not limited to,
environmental, zoning, building code and public health laws and regulations), except for
variances necessary to construct the improvements contemplated in the Construction Plans and
site plan approved by the City.
(c) The Developer has received no notice or communication from any local, state or
federal official that the activities of the Developer on the Property may be or will be in violation
of any environmental law or regulation. The Developer, to the best of its knowledge, is aware of
no facts the existence of which would cause it to be in violation of any local, state or federal
environmental law, regulation or review procedure.
(d) The Developer has or will obtain, in a timely manner, all required permits, licenses
and approvals, and will meet, in a timely manner, all requirements of all applicable local, state
and federal laws and regulations which must be obtained or met before the Improvements may
be lawfully constructed and operated.
All representations set forth in Section 2.1 and 2.2. of this Agreement shall be true and correct in
all material respects as of the date of closing on conveyance ofthe Property to the Developer.
4
ARTICLE III
Conveyance of Property
Section 3.1. Status of Property. The City owns fee title to the Property. The City acquired
the Property as part of an acquisition for an industrial park and developed the industrial park
through the installation of infrastructure in order to provide readily available sites for businesses
seeking industrial space.
3.2 Agreement to Sell. (a) The City agrees that it will sell the Property to the
Developer in consideration for the Developer's payment of a purchase price of $1.00 per acre
($1.00 total) and the performance of the Developer's other covenants under this Agreement. The
Developer agrees that it will purchase the Property for the purchase price of$1.00 and that it will
fulfill all of its other obligations set forth herein.
(b) The purchase price to be paid by the Developer to acquire the Property shall be
payable by means of cash or certified funds on the date of closing on the sale of the Property to
the Developer.
(c) The conveyance of the Property to the Developer shall occur through the City's
execution and delivery ofthe Deed to the Developer.
Section 3.3. Conditions Precedent to Conveyance. The City's obligation to sell and the
Developer's obligation to purchase the Property shall be subject to satisfaction of the following
conditions precedent:
(a) The Developer having conveyed the property that is the subject of the Authority
Agreement to the Authority.
(b) The Developer having reviewed and approved, or waived any objections to, title to
the Property pursuant to Section 3.4 of this Agreement.
In the event that the above conditions precedent have not been satisfied, or waived in writing by
both the City and Developer, by a date thirty (30) days from the date of this Agreement, either
the City or Developer may terminate this Agreement by giving written notice of termination to
the other party, whereupon this Agreement shall be null and void and the Developer and City
shall execute an instrument in recordable form canceling this Agreement. Upon termination of
this Agreement, the City and the Developer shall have no further obligations to the other under
this Agreement, except as stated in Section 9.5 of this Agreement.
Section 3.4. Iiili:. Within a reasonable time after the date of this Agreement, the City
shall provide to the Developer a commitment for the issuance of an owner's policy of title
insurance for the Property naming the Developer as the proposed insured party. The Developer
shall be allowed twenty (20) days after its receipt of such commitment for examination of said
title and the making of any objections thereto, said objections to be made in writing or deemed to
be waived. The Developer may not object to Permitted Encumbrances. If any objections are so
5
made, the City shall be allowed ninety (90) days from notice thereof to cure the title defect or
exception, either by the removal thereof or by the procurement of title insurance endorsements
satisfactory to Developer providing coverage against loss or damage as a result of such defect or
exception. If the City does not cure such title defect or exception to Developer's satisfaction
within said ninety (90) days, the Developer may, at its option, either (i) terminate the Agreement
upon written notice to the City upon which this Agreement shall be null and void and the
Developer and the City shall execute an instrument in recordable form canceling this Agreement;
or (ii) waive the title defect or exception and proceed with the closing on the purchase of the
Property. If the Developer waives the title defect or exception and proceeds to acquire the
Property, the City shall have no further obligations with respect to any such defects or
exceptions. The cost of obtaining the title insurance commitment shall be paid by the City and
the cost of the title insurance premiUIfi shall be borne by the Developer.
Section 3.5 Environmental Assessment and Soil Conditions. The Developer has reviewed
and approved the environmental condition ofthe Property and the surrounding real estate and has
reviewed the conditions of the soils on the Property and has determined the soils to be sufficient
for its purposes. The Developer agrees that if it closes on the acquisition of the Property it will
be purchasing the Property in its current condition and the City shall have no obligations to the
Developer with respect to any environmental or soil conditions existing on the Property.
Section 3.6 Closin~. (a) Closing on the conveyance of the Property to the Developer shall
occur at the time of the satisfaction, or waiver in writing, of all of the conditions precedent set
forth in Section 3.3 of this Agreement.
(b) At closing on conveyance of the Property, the City shall deliver to the Developer:
(i) the Deed duly executed and acknowledged conveying to the Developer marketable title to the
Property subject only to Permitted Encumbrances; (ii) the ALTA Owner's title insurance policy
described in Section 3.4; and (iii) a Seller's Affidavit, in customary form, relative to judgments,
federal tax liens, mechanic's liens and outstanding interests in the Property.
(c) At closing on the conveyance of the Property the City will pay the following costs:
(i) The cost of updating title to or continuing the abstract for the Property;
(ii) State deed tax;
(iii) Conservation fee payable in connection with the conveyance; and
(iv) One-half of any. closing costs.
At closing on the conveyance ofthe Property the Developer will pay the following costs:
(i) The purchase price;
(ii) The cost of the premium for the policy oftitle insurance;
6
(iii) Recording fees for the Deed, this Agreement and any other documents
required to be recorded in connection with the conveyance; and
(iv) One-half of any closing costs.
Section 3.7 Access to Property. During the term of this Agreement, the Developer and its
authorized representatives shall be permitted access to the Property at reasonable times for the
purpose of architectural inspection and design studies and the taking of such soil borings and
tests as are deemed reasonably necessary by Developer. Developer hereby agrees to indemnify,
defend, and hold hannless the City, its officers, agents, employees and commissioners from and
against any and all damage to property or injury to person arising out of the Developer's exercise
of its right of access to the Property under this Section. The Developer shall be entitled to actual
possession of the Property on the date of closing on conveyance of the Property to the
Developer.
Section 3.8. No Business Subsidy. The purchase price to be paid by the Developer is less
than the value of the Property. However, the conveyance of the Property to the Developer is
partial payment for the property being acquired by the Authority pursuant to the Authority
Agreement. The City has determined, based on an appraisal of the property being acquired by
the Authority pursuant to the Authority Agreement, that the value of that property, in excess of
the purchase price being paid under the Authority Agreement, is substantially equivalent to the
value of the Property, after considering soil conditions on the Property and after taking into
account the relocation benefits and assistance to which the Developer is entitled under State law.
Therefore, the conveyance of the Property to the Developer does not constitute a "subsidy"
within the meaning of Minnesota Statutes, sections 116J.993 to 1161.995, which imposes certain
requirements on governmental agencies granting subsidies to private parties.
ARTICLE IV
Construction of Improvements
Section 4.1. Construction of Improvements. The Developer agrees that it will construct
the Improvements on the Property in accordance with the approved Construction Plans and site
plan and at all times will operate and maintain, preserve and keep the Improvements or cause the
Improvements to be maintained, preserved and kept with the appurtenances and every part and
parcel thereof, in good repair and condition.
Section 4.2. Construction Plans and Site Plan.
(a) The City's willingness to convey the Property to the Developer is predicated upon and
subject to the Developer's agreement that it will construct the Improvements and that the
Improvements will be of such quality and nature as will satisfy the City's goals for the
development of the Property. Therefore, within one hundred and eighty (180) days from the date
of this Agreement, the Developer shall provide to the City for its review and approval
Construction Plans and a site plan for the Improvements. The Construction Plans and site plan
7
shall provide for the construction of the Improvements and shall be in conformity with this
Agreement and all applicable state and local laws and regulations. The City shall approve the
Construction Plans and site plan in writing if the proposed Improvements are consistent with the
site plan requirements and the industrial park design guidelines set forth in the City's building
code. Such Construction Plans and site plan shall, in any event, be deemed approved unless
rejected in writing by the City, in whole or in part within thirty (30) days after the date of their
receipt by the City. Nothing in this Section shall be deemed to relieve the Developer's
obligations to comply with the requirements of the City's normal construction permitting
process.
(b) If the Developer desires to make any material change in any Construction Plans or
site plan after their approval by the City, the Developer shall submit the proposed change to the
City for its approval. If the Construction Plans and site plan, as modified by the proposed
change, conform to the requirements of this Agreement and such changes do not materially alter
the nature, quality or exterior appearance of the Improvements, the City shall approve the
proposed change and notify the Developer in writing of its approval. Any requested change in
the Construction Plans or site plan shall, in any event, be deemed approved by the City unless
rejected, in whole or in part, by written notice by the City to the Developer, setting forth in detail
the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice
of such change.
Section 4.3. Commencement and Completion of Construction. (a) The Developer
agrees for itself, its successors and assigns, that the Developer, and its successors and assigns,
shall promptly begin and diligently prosecute to completion construction of the Improvements
within the period specified in this Section 4.3 of this Agreement.
(b) Subject to Unavoidable Delays, the Developer shall commence construction of
the Improvements within one year from the date of conveyance of the Property to the Developer,
and shall complete such construction by within two years from the date of such conveyance. The
Developer shall, however, be entitled to request additional time to complete the Improvements,
together with any site improvements shown on the site and building plans approved by the City.
The City will not unreasonably deny a request for additional time taking into account the reasons
for the Developer's construction delay and the Developer diligence in trying to meet the
construction deadline; provided, that any such request shall be made prior to the date that
completion is required and that the City may require security from the Developer to assure that
any uncompleted work is completed. The Improvements shall be deemed to be completed when
the Developer has received a certificate of occupancy from the building official of the City.
8
ARTICLE V
Insurance
Section 5.1. Insurance.
(a) The Developer will provide and maintain at all times during the process of
constructing the Improvements and, from time to time at the request of the City, furnish the City
with proof of payment of premiums on:
(i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed
Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of
the Improvements at the date of completion, and with coverage available in nonreporting
form on the so called "all risk" form of policy. The interest of the City shall be protected
in accordance with a clause in form and content satisfactory to the City;
(ii) Comprehensive general liability insurance in amounts required by the City's code
of ordinances; and
(iii) Worker's compensation insurance, with statutory coverage and employer's liability
protection.
(b) The Developer agrees to notify the City immediately in the case of damage to or
destruction of, the Improvements or any portion thereof resulting from fire or other casualty. In
the event of any such damage or destruction, the Developer will forthwith repair, reconstruct and
restore the Improvements to substantially the same or an improved condition or value as existed
prior to the event causing such damage.
(c) The City agrees that, if requested by the Developer's lender of financing for the
construction of the Improvements, it will subordinate its rights relative to the receipt and
application of the proceeds of insurance under this Agreement to the lien of such lender's
mortgage.
ARTICLE VI
Thm
Section 6.1. Real Property Taxes. Real estate taxes and assessments due and payable in
the years prior to the year of conveyance of the Property to the Developer and all prior years,
deferred real estate taxes (i.e. Green Acres), and all pending or levied special assessments, if any,
shall be paid by the City. After its acquisition of the Property, the Developer shall pay all real
property taxes and special assessments in a timely manner and prior to the imposition of
penalties.
9
ARTICLE VII
(This Article VII has been intentionally omitted)
ARTICLE VIII
Prohibitions Against Assignment and Transfer. Indemnification
Section 8.1. Prohibition Against Transfer of Property and AssiWIment of A~eement. (a)
The Developer represents and agrees that prior to completion of construction of the
Improvements except only by way' of security for, and only for, the pwpose of obtaining
financing necessary to enable the Developer or any successor in interest to the Property, or any
part thereof, to perform its obligations with respect to constructing the Improvements under this
Agreement, and any other pwpose authorized by this Agreement, the Developer (except as so
authorized) has not made or created, and will not make or create, or suffer to be made or created,
any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in
any other mode or form of or with respect to this Agreement or the Property or any part thereof
or any interest herein or therein, or any contract or agreement to do any of the same, without the
prior written approval of the City.
(b) In the absence of specific written agreement by the City to the contrary, no transfer
of the Property or approval by the City thereof shall be deemed to relieve the Developer, or any
other party bound in any way by this Agreement, from any of its obligations hereunder.
Section 8.2. Release and Indemnification Covenants. (a) The Developer releases from and
covenants and agrees that the City and the governing body members, officers, agents, servants
and employees thereof shall not be liable for and agrees to indemnify and hold harmless the City
and the governing body members, officers, agents, servants and employees thereof against any
loss or damage to property or any injury to or death of any person occurring at or about or
resulting from any defect in the Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct or
negligence of the following named parties, the Developer agrees to protect and defend the City
and the City and the governing body members, officers, agents, servants and employees thereof,
now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit,
action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly
arising from this Agreement, or the transactions contemplated hereby or the acquisition,
construction, installation, ownership, and operation of the Improvements.
(c) Nothing in this Agreement is intended or shall be deemed to constitute a waiver by
the City of any immunity or limits on liability under State law, including, without limitation,
Minnesota Statutes, Chapter 466, relative to tort or other claims.
10
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be "Events of Default" under
this Agreement and the term "Event of Default" shall mean, whenever it is used in this
Agreement (unless the context otherwise provides), anyone or more of the following events:
(a) Failure by the Developer to commence and complete construction of the
Improvements and any site improvements as shown on the Developer's site and building plans
approved by the City Council of the City or specified as conditions of the City's approval
pursuant to the terms, conditions and limitations of Article IV of this Agreement.
(b) Failure by the Developer to reconstruct the Improvements when required pursuant
to Section 5.1 of this Agreement.
(c) Failure by Developer to observe or perform any other covenant, condition,
obligation or agreement on its part to be observed or performed hereunder.
(d) The Developer does any of the following: (i) file any petition in bankruptcy or for
any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar
relief under United States Bankruptcy Laws or any similar Federal or State Laws; or (ii) make an
assignment for the benefit of its creditors; or (iii) admit, in writing, his inability to pay his debts
generally as they become due; or (iv) be adjudicated, bankrupt or insolvent; or (v) if a petition or
answer proposing the adjudication of the Developer, as a bankrupt under any present or future
federal bankruptcy act or any similar federal or State law shall be filed in any court and such
petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof;
or (vi) a receiver, trustee or liquidator of the Developer, or of the Property and Improvements,
shall be appointed in any proceeding brought against the Developer and shall not be discharged
within sixty (60) days of such appointment, or if the Developer shall consent to or acquiesce in
such appointment.
Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the City may
immediately suspend its performance under this Agreement and may take anyone or more of the
following actions after providing thirty (30) days written notice to the Developer of the Event of
Default, but only if the Event of Default has not been cured within said thirty (30) days:
(a)
Terminate this Agreement.
(b)
the City.
Exercise its rights under the Deed to revest title to and possession of the Property in
(c) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to
11
enforce performance and observance of any obligation, agreement, or covenant under this
Agreement.
Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
City or Developer is intended to be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the City
or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice,
other than such notice as may be requited in this Article IX.
Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
Section 9.5. Effect of Termination of Ajp"eement. In the event that this Agreement is
terminated pursuant to Section 3.3 or Section 9.2, all provisions hereof shall terminate except
that Sections 2.2, 8.2, and 9.6 shall survive such termination and any cause of action arising
hereunder prior to such termination shall not be affected.
ARTICLE X
Additional Provisions
Section 10.1. Re:presentatives Not Individually Liable. No member, official, or employee
of the City shall be personally liable to the Developer, or any successor in interest, in the event of
any default or breach or for any amount which may become due to Developer or successor or on
any obligations under the terms of the Agreement.
Section 10.2. Provisions Not Mer~ed With Deed. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed transferring any interest in the Property
and any such deed shall not be deemed to affect or impair the provisions and covenants of this
Agreement.
Section 10.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 10.4. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to
12
the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Developer, is addressed to or delivered personally to the
Developer at P.O. Box 605, Hastings, Minnesots 55033; and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, 101 4th Street East, Hastings, Minnesota 55033-1955,
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
Section 10.5. Disclaimer of Relationships. The Developer acknowledges that nothing
contained in this Agreement nor any act by the City or the Developer shall be deemed or
construed by the Developer or by any third person to create any relationship of third-party
beneficiary, principal and agent, limited or general partner, or joint venture between the City, the
Developer and/or any third party.
Section 10.6. Modifications. This Agreement may be modified solely through written
amendments hereto executed by the Developer and the City.
Section 10.7. Counte(parts. This Agreement may be executed III any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Judicial Inte(pretation. Should any provision of this Agreement require
judicial interpretation, the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agent or attorney prepared the same, it being agreed that the agents and attorneys of
both parties have participated in the preparation hereof.
Section 10.9. Severability. In the event that any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
13
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its
name and behalf and the Developer has caused this Agreement to be duly executed in its name
and behalf on or as of the date first above written.
(SEAL)
CITY OF HASTINGS
By
Michael D. Werner, Mayor
By
Melanie Mesko, City Clerk
BIRCHEN ENTERPRISES, INC.
By
Paul A. Birchen, President
By
William B. Birchen, Vice President
STATE OF MINNESOTA)
) SS.
COUNTY OF )
The foregoing instrument was aclmowledged before me this _ day of _,2001, by
Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a
home rule charter city under the laws of the state of Minnesota.
Notary Public
STATE OF MINNESOTA)
COUNTY OF
)
)
SS.
The foregoing instrument was aclmowledged before me this _ day of
Paul A. Birchen and William P. Birchen, the President and Vice President
Enterprises, Inc., a Minnesota corporation, on behalf of the corporation.
, 2001, by
of Birchen
Notary Public
14
SCHEDULE A
Description of Property
Lot 2, Block 1, Hastings Industrial Park Number 2, according to the recorded plat thereof,
Dakota County, Minnesota.
A-I
SCHEDULE B
WARRANTY DEED
THIS INDENTURE, between the City of Hastings, Minnesota, a home rule charter city
organized and existing under the laws of the state of Minnesota (the "Grantor"), and Birchen
Enterprises, Inc., a Minnesota corporation (the "Grantee").
WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby
convey and warrant to the Grantee, its successors and assigns forever, all the tract or parcel of
land lying and being in the County of Dakota and State of Minnesota described as follows, to-wit
(such tract or parcel ofland is hereinafter referred to as the "Property"):
LEGAL DESCRIPTION
Lot 2, Block 1, Hastings Industrial Park Number 2, according to the recorded plat thereof,
Dakota County, Minnesota.
To have and to hold the same, together with all the hereditaments and appurtenances thereunto
belonging in anyway appertaining, to the said Grantee, its successors and assigns, forever, subject to the
following exceptions:
(Insert any exceptions to title)
Provided:
SECTION 1.
It is understood and agreed that this Deed is subject to the covenants, conditions,
restrictions and provisions of that certain Purchase and Development Agreement entered into
between the Grantor and Grantee on the day of , 2001, (hereafter
referred to as the "Agreement").
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the redevelopment of the Property through the construction of the improvements
thereon, as provided in the Agreement.
Promptly after completion of the improvements in accordance with the provisions of the
Agreement and upon request by the Grantee, the Grantor will furnish the Grantee with an
appropriate instrument ("Certificate of Completion") so certifying.
B-1
Such certification by the Grantor shall be (and it shall be so provided in the certification
itself) a conclusive determination of satisfaction and termination of the agreements and
covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and
its successors and assigns, to construct the improvements and the dates for the beginning and
completion thereof. Such certification and such determination shall not constitute evidence of
compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or
any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby
conveyed or the improvements, or any part thereof. Nor shall such certification relieve the
Grantee from its obligations under Section 3 of this Deed or under the Agreement.
SECTION 2.
In the event the Grantee herein shall, prior to the completion of the construction of the
improvements required to be constructed pursuant to the Agreement, the Grantee shall fail to
comply with any of its covenants under the Agreement and fail to cure any such noncompliance
within the time for cure set forth in Section 9.2 of the Agreement, then the Grantor shall have the
right to reenter and revest in itself title to and possession of the Property, whereupon all interest
of the Grantee in the Property shall be extinguished and the Grantor shall be free to use or
dispose ofthe Property as it deems appropriate.
SECTION 3.
The Grantee agrees for itself and its successors and assigns to or of the Property or any part
thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply
with all covenants contained in the Agreement.
SECTION 4.
This Deed is also given subject to:
(a) Provision of the. ordinances, building and zoning laws of the City of
Hastings, state and federal laws and regulations in so far as they affect this real estate.
(b) Taxes payable subsequent to the date of this conveyance.
B-2
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its and this _ day of
, 2001.
(SEAL)
CITY OF HASTINGS
By
Michael D. Werner, Mayor
By
Melanie Mesko, City Clerk
STATE OF MINNESOTA)
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of _,2001, by
Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a
home rule charter city under the laws of the state ofMiIlllesota.
Notary Public
B-3
SCHEDULE C
Authority Agreement
REAL ESTATE PURCHASE AGREEMENT
This Agreement is made and entered into this _ day of , 2001, by and
between Birchen Enterprises, Inc., a Minnesota corporation (Seller), and the Housing and
Redevelopment Authority in and for the City of Hastings, a public body corporate and politic of
the State of Minnesota (Buyer).
WHEREAS, Seller owns certain real property situated in Hastings, Minnesota, and
legally described in this Agreement (the Property); and
WHEREAS, Buyer has expressed its intention to exercise its power of eminent domain to
acquire the Property in the event that the parties cannot reach an agreement for sale of the
Property; and
WHEREAS, Buyer wishes to purchase and Seller wishes to sell the Property; and
WHEREAS, the parties wish to define their respective rights, duties, and obligations
related to the purchase and sale of the Property.
NOW, THEREFORE, in consideration of the mutual promises and the representations,
warranties, covenants and agreements of the parties set forth in this Agreement, the parties
hereby agree as follows:
1. Purchase and Sale oCProperty. Seller agrees to sell to Buyer and Buyer agrees
to purchase from Seller the Property, consisting of all that real property located in the City of
Hastings, County of Dakota, State of Minnesota, legally described on Exhibit A attached hereto
and made part hereo~ together with all hereditaments, improvements and appurtenances.
2. Price. The purchase price to be paid by Buyer to Seller for the Property shall be
Two Hundred Fifty Thousand and 00/1 00 Dollars ($250,000), payable as follows:
(a) $500 upon signing of this Agreement; and
1
(b) the balance of$249,500 by cashier's or certified check on the Date of
Closing.
3. Transfer of Industrial Park Property. As further consideration for this
purchase, the parties shall execute contemporaneously with the signing of this Agreement an
agreement whereby Buyer agrees to transfer to Seller on the Date of Closing the real property
located within the Hastings Industrial Park in the City of Hastings, County of Dakota, State of
Minnesota, legally described in ExhibitB attached hereto and made a part hereof (the Industrial
Park Property). Seller acknowledges and agrees that the transfer of the Industrial Park Property
will be made in lieu of any relocation assistance to which Seller might otherwise be entitled
under the Minnesota Uniform Relocation Act, Minn. Stat. ~~ 117.50 et seq., the Uniform
Relocation Assistance & Real Property Acquisition Policies Act of 1970, 42 U.S.C. ~~ 4601 et
seq., or any other law. Seller represents that it is aware of the types and amounts of relocation
assistance to which it might be entitled under state or federal law and that the value of the
Industrial Park Property exceeds the value of such relocation assistance. Therefore the Seller
agrees to indemnify, defend and hold harmless the Buyer from and against any claims for
relocation assistance, services, payments or benefits made by it or by any third party under any
law arising out of Buyer's acquisition of the Property.
4. Threat of Condemnation. The parties acknowledge and Buyer represents that in
the event Buyer had been unsuccessful in negotiating this Agreement, Buyer represents that
it was prepared to exercise its power of eminent domain to acquire the Property.
Accordingly, this Agreement is in lieu of the commencement offormal eminent domain
proceedings within the meaning of Section 1033 of the Internal Revenue Code.
5, Contingencies. This Agreement is contingent upon each of the following:
2
(a) Buyer receiving, on the Date of Closing, title insurance coverage effective
as of the Date of Closing in the form and content required by Paragraph 6 hereof; and
(b) All warranties and representations of Seller and Buyer hereunder being
true and correct as of the date hereof, and on the Date of Closing; and
(c) Buyer reviewing any files and records maintained by the Minnesota
Pollution Control Agency (MPCA) with respect to the Property and waiving any
objections it might have to any information added to the MPCA's files or records since
its issuance ofa MPCA file closure letter dated February 22, 1999 (the "MPCA Closure
Letter"), a true and correct copy of which is attached as Exhibit C.
If all of the foregoing contingencies have not been satisfied or waived on or before the
date specified, except as expressly provided otherwise herein, then this Agreement may be
terminated, at Buyer's option, by written notice to Seller given within five days following the
date by which such contingency was to have been satisfied or waived, and upon written notice of
termination, neither party shall have any further rights or obligations with respect to this
Agreement. If no such notice is given within the five-day period set forth above, such
contingency shall be deemed satisfied and this transaction shall close in accordance with the
terms hereof.
6, Evidence of Title. Within 20 days after the date this Agreement is executed,
Seller, at its expense, shall cause Dakota County Abstract & Title (Title Company) to furnish to
Buyer a commitment for an owner's policy of insurance covering Buyer, which shall serve as
Buyer's objections, unless otherwise waived, to title. If any objections are made, Seller shall
have until 30 days before the Date of Closing to have the exceptions removed or satisfied and to
make said title marketable to the satisfaction of the Title Company, or to advise Buyer that it is
unwilling to make the title marketable. If Seller shall fail to have any exceptions removed or
satisfied within the time provided, Buyer may elect to purchase the Property subject thereto or to
3
declare this Agreement null and void and neither party shall have any further liability or
obligation to the other.
7. Closing. The closing of the transaction contemplated by this Agreement shall
occur at a place agreed upon by the parties on
, 2001, or on such other date
as is agreed upon by the parties (the Date of Closing). Before or on the Date of Closing, Seller
shall execute and deliver to Buyer the following:
(a) A warranty deed to the Property, free and clear of all liens, charges and
encumbrances, except:
(i) Building and zoning laws, ordinances, and state and federal
regulations;
(ii) Reservation of minerals or mineral rights to the State of
Minnesota;
(ill) General real estate taxes due and payable in the year of closing and
subsequent years; and
(iv) Standard exceptions contained in an American Land Title
Association owner's title insurance policy.
(b) All other documents affecting title to and/or possession of the Property
and necessary or convenient to transfer the same to Buyer under Minnesota law or
practice;
(c) Owner's duplicate certificates of title for any part of the Property that is
registered property, and a currently certified abstract of title to any part of the Property
that is unregistered property; and
(d) The certified boundary survey of the Property by Dwyer & Associates,
Inc., dated May 19, 1988.
8. Prorations.
(a) Seller will pay all costs of the title commitment and the fees charged by
the Title Company for any escrow required regarding Buyer's objections. Buyer will pay
all premiums required for issuance of the title insurance policy, including any special
endorsements desired by Buyer.
4
(b) Seller and Buyer shall each pay one-half of any reasonable and customary
closing fee or charge imposed by any closing agent designated by the Title Company.
( c) Seller shall pay all state deed tax regarding the warranty deed to be
delivered by Seller under this Agreement.
9. Operation Prior to Closing. The Property shall be in the same condition on the
Date of Closing as they are in on the date hereof; reasonable and ordinary wear and tear of
normal use excepted, and Seller shall perform all normal maintenance and repair through the
Date of Closing. Through the Date of Closing, Seller may not enter into any lease with any
existing or prospective tenant, without Buyer's prior written consent.
10. Representations and Warranties by Seller. Seller represents and warrants to
Buyer that:
(a) On June 23,1997, the Minnesota Pollution Control Agency issued a
Certificate of Completion of Response Actions ("Certificate") with respect to response
actions undertaken on the Property by Seller pursuant to Minn. Stat. ~ 115B.175 (the
Land Recycling Act of 1992, as amended). A true and correct copy of the Certificate is
attached as Exhibit D. Seller acknowledges the occurrence of the petroleum tank release
that is the subject of the MPCA Closure Letter (Exhibit C hereto). Seller further
represents that all wells dug for purposes ofremediating the petroleum tank release have
been closed. With the exception of the enviromnental contamination addressed by the
Certificate and the MPCA Closure Letter, Seller is aware of no other hazardous
substances present on the Property in amounts that would constitute a violation of any
federal or state statute or regulation, or local ordinance. For purposes of this Agreement,
"hazardous substances means asbestos, urea formaldehyde, polychlorinated biphenyls,
nuclear fuel or materials, chemical waste, radioactive materials, explosives, known
carcinogens, petroleum products and also all dangerous, toxic or hazardous pollutants,
contaminants, chemicals, materials or substances defined as hazardous or as a pollutant
or contaminant in, or the release or disposal of which is regulated by, any Laws or
Regulations, as hereinafter defined. Laws or Regulations mean and include the
Comprehensive Enviromnental Response and Liability Act (CERCLA" or the Federal
Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of
1986 ("SARA"), 42 U.S.C. 9601-9675; the Federal Resource Conservation and Recovery
Act of1986 ("RCRA"); the Clean Water Act, 33 U.S.C. 1321, et seq.; the Clean Air Act,
42 U.S.C. 7401, et seq, all as the same may be from time to time amended, and any other
federal, state, county, municipal, local or other statute, law, ordinance or regulation
which may relate to or deal with human health or the enviromnent, including without
limitation all regulations promulgated by a regulatory body pursuant to any such statute,
law or ordinance;
5
(b) No notice of the violation of any statutes, laws, ordinances, codes or
restrictions has been received by Seller, which has not been remedied. If Seller receives
any such notice prior to the Date of Closing, Seller shall forthwith provide to Buyer a
copy thereof, and Buyer shall have the option to terminate this agreement or proceed as
set forth in Paragraph 6 with regard to marketability of title;
(c) To the best of Seller's knowledge, there is no action, litigation,
investigation, condemnation or proceeding of any kind pending against Seller or the
Property which could adversely affect the Property, any portion thereof or title thereto in
any material respect. Seller shall give Buyer prompt written notice if any such action,
litigation, investigation, condemnation or proceeding is commenced prior to the Date of
Closing; and
(d) Seller currently maintains one or more insurance policies covering the
Property with respect to fire and extended coverage risks and liability. Seller shall keep
and the policies of insurance in full force and effect through the Date of Closing.
Except for the representations and warranties of Seller contained in this Agreement or in any
document delivered by Seller at closing, Buyer is buying the Property AS IS.
11. Leaseback. On the Date of Closing, and innnediately after Buyer receives a deed
to the Property in accordance with Paragraph 7, Buyer, as landlord, and Seller, as tenant, shall
enter into a lease of the Property (the Leased Premises). The lease shall be in the form of
Exhibit E.
12. Commissions.
(a) Seller represents that it has not incurred any liability or obligation for
brokerage or finder's fees or other like payments in connection with this Agreement or
the transaction contemplated hereby, or dealt with any broker in connection herewith, and
Seller shall indenmify Buyer against and hold Buyer harmless from any and all claims,
damages, costs or expenses incurred by Buyer by reason of the falsehood of the
foregoing representation by Seller.
(b) Buyer represents that it has not incurred any liability or obligation for
brokerage or finder's fees or other like payments in connection with this Agreement or
the transaction contemplated hereby, or dealt with any broker in connection herewith and
Buyer shall indernn.ifY Seller against and hold Seller harmless from any and all claims,
damages, costs or expenses incurred by Seller by reason of the falsehood of the foregoing
representation by Buyer.
6
13. Assignment. Buyer, and Buyer's assigns, shall have the right to assign their
rights, duties and obligations under this Agreement at any time without the consent of Seller.
Any such assignment shall not relieve Buyer of its obligations hereunder. Prior to any such
assignment, Buyer shall provide Seller notice thereof, a copy of the instrwnent of assignment,
and the name and address of the assignee.
14. SurvivaL All of the terms, covenants, conditions, representations, warranties and
agreements of this Agreement shall survive and continue in full force and effect and shall be
enforceable for a period of one year after the closing and after conveyance of the Property by
warranty deed.
IS. Notices. Any notice or election required or permitted to be given or served by
any party hereto, to or upon any other party, shall be deemed given or served in accordance with
the provisions of this Agreement, if said notice or election is delivered personally or mailed in a
sealed wrapper by United States certified mail, return receipt requested, postage prepaid,
properly addressed as follows:
If to Buyer:
Hastings Housing & Redevelopment Authority
101 4th Street East
Hastings, MN 55033-1955
Attn: John Grossman, Executive Director
with a copy to:
Robert 1. Deike
Bradley & Deike, P.A.
5100 Eden Ave.
Edina, MN 55436
If to Seller:
Birchen Enterprises, Inc.
P.O. Box 605
1 SI and Bailey Streets
Hastings, MN 55033
Attn: Bill Birchen
7
with a copy to:
Dylan 1. McFarland
Burstein, Hertogs & McFarland, P.A.
510 First Ave. No" Suite 610
Minneapolis, MN 55403
Each such mailed notice or election shall be deemed to have been given to, or served upon, the
party to which the notice is addressed on the date the same is deposited in the United States
certified mail, return receipt requested, postage prepaid, properly addressed in the manner above
provided. Either party hereto may change its address for the service of notice hereunder by
delivering written notice of said change to the other party hereto, in the manner above specified,
at least ten (10) days prior to the effective date of said change.
16. Captions. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
17. Entire Agreement, Modification. This Agreement constitutes the entire and
complete agreement between the parties hereto with respect to the Property and supersedes any
prior oral or written agreements between the parties with respect to the Property. It is expressly
agreed that there are no verbal understandings or agreements which in any way change the terms,
covenants and conditions herein set forth, and that no modification of this Agreement and no
waiver of any of its terms and conditions shall be effective unless made in writing and du1y
executed by the parties hereto.
18. Binding Effect. All covenants, agreements, representations, warranties and
provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
19. Controlling Law. This Agreement bas been made and entered into under the
laws of the State of Minnesota, and said laws shall control the interpretation hereof.
8
20. Time. Time is of the essence of this Agreement.
21. Counterparts. This Agreement may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above written.
SELLER:
Birchen Enterprises, Inc.
By
Paul A. Birchen, President
and
By
William P. Birchen, Vice-President
BUYER:
Housing and Redevelopment Authority
in and for the City of Hastings
By
Chairperson, Board of Commissioners
and
By
John Grossman, Executive Director
9
EXHIBIT A
Legal Description of the Property
All that part of Lots 1,2 and 3, Block 1), Town of Hastings, lying North and East of the
Chicago, Milwaukee, St, Paul and Pacific Railroad right of way, according to the plat thereof
now on file and of record in the office ofthe County Recorder within and for the County of
Dakota, State of Minnesota, together with all its right, title and interest in and to the fee title in
that part of vacated First Street lying northerly of the Chicago, Milwaukee, St. Paul and Pacific
Railroad right of way between the east line of Lot 1 and the west line of Lot 4 in Block 1
aforesaid, extended northerly;
and
That part ofthe 20 foot former right-of-way of Chicago, Milwaukee, St. Paul and Pacific
Railroad, lying northerly and easterly of the following described line: beginning at the southeast
comer of Lot 1, Block 1, town of Hastings, thence south 89 degrees 11 minutes 56 seconds west,
bearing assumed, along the south line of said Lot 1, a distance of63.83 feet; thence
northwesterly a distance of266.95 feet on a nontangential curve concave to the southwest,
having a radius of 449 .13 feet, a central angle of 34 degrees 03 minutes 18 seconds, and a chord
bearing of north 50 degrees 28 minutes 10 seconds west, to the west line of said Block 1
extended northerly; thence north 0 degrees 56 minutes 40 seconds west, along said west line, a
distance of 40.00 feet and there tenninating;
and
Commencing at a point 49.5 feet north of the northeast comer of Block 1, town of Hastings, on
the east line of said Block 1 extended North, thence west and parallel with the north line of said
Block 1, 264 feet to the west line of said Block I produced North, 49.5 feet; thence north 86.55
feet to the south right of way line ofthe Chicago, Milwaukee, St. Paul and Pacific Railroad
thence north 75 degrees 21 minutes east along the said right of way line 249 feet to the west line
of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, thence south 8
degrees 58 minutes east along the said right of way line 151.4 feet to the point of beginning
containing .667 acres, excepting therefrom any and all railroad rights of way all according to the
plat thereof on file and of record in the Register of Deeds in and for said County and State.
10
EXHIBIT B
Legal Description of Industrial Park Property
Lot 2, Block 1, Hastings Industrial Park Number 2, according to the recorded plat
thereof, Dakota County.
11
EXHIBIT C
[ATTACH COPY OF MPCA CLOSURE LETTER]
12
8
March 4th, 1999
John Grossman
HRA Director
City of Hastings
101 E. 41h Street
Hastings, MN 55033
Dear John,
BIRCHEN ENTERPRISES, INC
PO BOX 605
1ST AND BAIlEY STS.
HASTINGS, MN 55033
PHONE: (651) 480 8570 FAX: (651) 437-3052
Enclosed, you will find for your infonnation and records, that we have :finally received a closure
letter from the Minnesota Pollution Control Agency. The letter has informed us that we have
completed all requirements as requested, including the removal of our fuel tanks, excavation of
contaminated soil and additional necessary monitoring for a period of time following, We do not
require any additional investigation or clean-up on the leak site located on our property at First
and Bailey Streets.
8;;'6~
Bill Birchen
Birchen Enterprises, Inc.
" Minnesota Pollution Control Agency
February 22, 1999
Mr. Bill Birchen
Birchen Enterprises
P.O. Box 605
Hastings, Minnesota 55033
RE: Petroleum Tank Release Site File Closure
Site: Local Oil Company, First and Bailey Streets, Hastings
Site ID#: LEAK00002371
Dear Mr. Birchen:
We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Site
Remediation (SR) staff has determined that your investigation and/or cleanup has adequately
addressed the petroleum tank release at the site listed above. Based on the information provided,
the SR staff has closed the release site file.
Closure of the file means that the SR staff does not require any additional investigation and/or
cleanup work at this time or in the foreseeable future. Please be aware that file closure does not
necessarily mean that all petroleum contamination has been removed from this site. However,
the SR staff has concluded that any remaining contamination, if present, does not appear to pose
a threat to public health or the environment.
The MPCA reserves the right to reopen this file and to require additional investigation and/or
cleanup work if new information or changing regulatory requirements make additional work
necessary. If you or other parties discover additional contamination (either petroleum or
nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the
MPCA be immediately notified.
,
You should understand that this letter does not release any party from liability for the petroleum
contamination under Minn. Stat. ch. l15C (Supp. 1997) or any other applicable state or federal
law. In addition, this letter does not release any party from liability for nonpetrolewn
contamination, if present, under Minn. Stat. ch. 115B (1996), the Minnesota Superfund Law.
The monitoring wells for this site should be abandoned in accordance with the Minnesota
Department of Health Well Code, Chapter 4725. If you choose to keep the monitoring Wells, the
Minnesota Department of Health will continue to asSeSS a maintenance fee for each well.
520 Lafayette Rd. N.; 51. Paul, MN 55155-4194; (612) 296-6300 (Voice); (612) 282-5332 (TTY)
Regional Offices; Duluth' Brainerd' Detroit Lakes' Marshall. Rochester
Equal Opportunity Employer' Printed on recycled paper containing alleast 20% libers from paper recycled by consumers.
Minnesota Pollution Control Agency
May 5, 1995
Mr. Bill Birchen
Local Oil Company
First and Bailey Streets
Hastings, Minnesota 55033
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Local Oil Company, First and Bailey Streets, Hastings
Site ID#: LEAK00002371
Dear Mr. Birchen:
This letter is written to confirm the meeting that took place at the Hastings City Hall on.
April 24, 1995. During the meeting, the Minnesota Pollution Control Agency (MPCA) staffwas
requested to determine what additional work would need to be performed at the site now and in
the future if the aboveground storage tanks (ASTs) are removed due to the facility being
relocated or upgraded.
The MPCA staff requests that the following be performed at the site within 60 days of the receipt
of this letter:
1. Advance a soil boring to the water table in the same general area, but not in the exact
location, as former boring B-lO. Obtain a ground water sample from the boring in
accordance with MPCA guidelines and analyze it for the parameters contained in Minnesota
Department of Health (MDH) Method 465D.
2. Perform one round of sampling of the Mississippi River both at the location of likely
discharge and downstream of the site and analyze the samples for the parameters. contained in
MDH Method 465D.
3. Continue quarterly sampling of monitoring wells MW2 and MW8 for benzene, toluene,
ethylbenzene, xylenes and gasoline range organics for one year.
4. Assess the existence of free product in MW2 and MW8 on a quarterly basis.
520 Lafayette Rd. N.; 51. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY)
Regional Offices: Duluth - Brainerd -Detroit Lakes. Marshall - Rochester
Equal Opportunity Employer. Printed on recycled paper containing at least 10% fibers from paper recycled by consumers.
EXHIBIT D
[ATTACH COPY OF CERTIFICATE OF COMPLIANCE]
13
Minnesota Pollution Control Agency
June 27, 1997
Mr. William Birchen
Birchen Enterprises, Inc.
First and Bailey Streets
P.O. Box 605
Hac;tings,Minnesota 55033
RE: Local Oil Site
MPCA Project Number 5970
Dear Mr. Birchen:
Enclosed is an original copy of the Certificate of Completion for the Local Oil site. The
Minnesota Pollution Control Agency staff recommends that it be filed with the County
Register of Deeds for Dakota County, at your earliest convenience. Please notify us when
it has been filed so that we can include this information in our files.
If you have any questions regarding the Certificate of Completion or the site, please contact
me at (612) 296-8411, or Jennifer Haas at (612) 297-1802.
e
u ervlsor
Investigation and Cleanup Unit
e esponse Section
ound Water and Solid Waste Division
JJO:dms
Enclosure
cc: John Grossman, Hastings Housing and Redevelopment Authority
Paul Wiese, Terracon Environmental, Inc,
520 Lafayette Rd. N.; Sl. Paul, MN 55155-4194; (612) 296-6300 (Voice); (612) 282-5332 (l"l"Y)
R~gional Offices: Duluth. Brainerd. Detroit Lakes. Marshall. Rochester
Equal Opportunity Employer. Printed on recycled paper containing at least 20% fibers from paper recycled by consumers.
State ~~.
P~~rI~
Commissioner's Certificate
of Completion of Response Actions
Under the Land Recycling Act of 1992, As Amended
1f)~, Birchen Enterprises, Inc. (Birchen Enterprises) formerly Local Oil Company,
has undertaken response actions pursuant to Minn. Stat. ~ 115B.175 (the Land Recycling Act
of 1992, as amended) at the Local Oil site, located at First and Bailey Streets, in the city of
Hastings, Dakota County and further described in a legal description in Exhibit A to this
CERTIFICATE (the Site); and
1f)~, Birchen Enterprises submitted a Voluntary Response Action Plan
(comprised of the documents and reports listed in Exhibit B) including an Investi~ation
Report (comprised of the documents one through four on Exhibit B), to the Minriesota
Pollution Control Agency (MPCA) under Minn. Stat. ~ 115B.17, subd. 14, governing review
of voluntary investigation and response actions; and
1f)~, in accordance with Minn. Stat. ~~ 115B.17 subd. 14, and 115B.175, the
Commissioner of the MPCA (Commissioner) or the Commissioner's delegate has determined
that the Investigation Report adequately identified and evaluated the nature and extent of the
releases and threatened releases at or from the Site (see Exhibit C for a summary of Site
environmental investigation and response actions); and
7fI~, the Commissioner or the Commissioner's delegate has approved a
voluntary response action plan including the response actions determined by the
Commissioner or the Commissioner's delegate to be necessary to protect public health and
welfare, and the environment, from releases or threatened releases of hazardous substances,
pollutants or contaminants at or from the Site; and
1f)~, Birchen Enterprises completed the response actions set forth in the
approved voluntary response action plan, including the actions necessary to carry out any
reuse or development of the Site in a manner that protects public health and welfare and the
environment; .
Now therefore, pursuant to Minn. Stat. ~ 115B.175, subd. 5,
,
I, PEDER A. LARSON, COMMISSIONER OF THE MINNESOTA POLLUTION
CONTROL AGENCY, CERTIFY UNDER MINN. STAT. ~ 115B.l75 (THE LAND
RECYCLING ACT OF 1992, AS AMENDED) THAT RESPONSE ACTIONS HAVE
BEEN COMPLETED AS SET FORTH IN THE APPROVED VOLUNTARY RESPONSE
ACTION PLAN FOR THE SITE.
Upon issuance of this CERTIFICATE, the persons qualified for protection under
Minn. Stat. ~ 115B.175, subd. 6a, are entitled to protection from liability under Minn. Stat.
~ ~ 115B. 01 to 115B .18 to th~ extent provided in the Land Recycling Act of 1992, as
amended. The protection from liability provided under Minn. Stat. ~ 115B.175, does not
apply to any person excluded from that protection under Minn. Stat ~ 115B.l75, subd. 7.
Nothing in this CERTIFICATE or in the Land Recycling Act of 1992, as amended,
affects the authority of the MPCA or the MPCA Commissioner to exercise any powers or
duties under Minn. Stat ~~ 115B.Ol to 115B.18 or other law with respect to any release or
threatened release at the Site, or the right of the MPCA or the MPCA Commissioner to
seek any relief available under those sections against any person who is not entitled to
protection from liability under the Land Recycling Act of 1992, as amended, with respect
to such release or threatened release.
SIGNED AND CERTIFIED this
1997.
eder A. Lars Commissioner
Minnesota P lution Control Agency
State of Minnesota). .
) ss. ~ susAN.... EICHHORS~
County of Ramsey ) ~ NOTARYPlBJC-L!:NNESOTA
~ClWl 1HW!er;=sJ::L:l1.2=o
The foregoing was acknowl~ ge e ore me s day of; L\ ~ ,1997,
by Peder A. Larson, the Commissioner of the Minnesota Pollution ~ol Agency on
behalf of the Minnesota Pollution Control Agency. . , () f}
. '- ~I.AJ'p-r1 m. ~'^ rag-Q~
. Notary Public
EXHIBIT A
LEGAL DESCRIPTION
. LOCAL OIL SITE
That part of the 20 foot former right-of-way ofSoo Line Railroad Company, lying
northerly and easterly of the following described line: beginning at the southeast comer of
Lot 1, Block 1, town of Hastings, thence south 89 degrees 11 minutes 56 seconds west,
bearing assumed, along the south line of said Lot 1, a distance of 63.83 feet; thence
northwesterly a distance of266.95 feet on a nontangential curve concave to the southwest,
having a radius of 449.13 feet, a central angle of 34 degrees 03 minutes 18 seconds, and a
chord bearing of north 50 degrees' 28 minutes 10 seconds west, to the west line of said
Block 1 extended northerly; thence north 0 degrees 56 minutes 40 seconds west, along said
west line, a distance of 40.00 feet and there terminating.
AND ALSO;
All that part of Lots 1,2 and 3, in Block 1 of the town of Hastings, lying north and east of
the Chicago, Milwaukee and St. Paul Railroad right-of-way, according to the plat thereof
on file and of record in the office of the Register of Deeds in and for Dakota County,
Minnesota, together with all its right, title and interest in and to the fee title in that part of
First Street lying northerly of the Chicago, Milwaukee and S1. Paul Railroad right-of-way
between the east line of Lot 1 and the west line of Lot 4 in Block 1 aforesaid, extended
northerly.
AND ALSO;
Commencing at a point 49.5 feet north of the northeast comer of Block 1, town of Hastings,
on the east line of said Block 1 extended North, thence west and parallel with the north line
of said ~lock 1,264 feet to the west line of said Block I produced North, 49.5 feet; thence
north 86.55 feet to the south right of way line of the Chicago, Milwaukee, S1. Paul and
Pacific Railroad Company, thence north 75 degrees 21 minutes east along the said right of
way line 249 feet t6 the west line of the right-of-way of the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company, thence south 8 degrees 58 minutes east along the said right
of way line 151.4 feet to the point of beginning containing .667 acres, excepting therefrom
any and all railroad rights of way all according to the plat thereof on file and of record in the
Register of Deeds in and for said county and state.
Page 1 of 1
EXHIBIT B
VOLUNTARY RESPONSE ACTION PLAN
LOCAL OIL SITE
1. "Phase I Environmental Site Assessment," prepared by Terracon Environmental, Inc.
(Terracon), dated August 8,1995;
2. "Limited Phase II Environmental Site Assessment Work Plan," prepared by Terracon,
dated March 15, 1996;
3. "Revised Limited Phase II Environmental Site Assessment Work Plan," prepared by
Terracon, dated May 29,1996;
4. "Phase II Environmental Site Assessment," by Terracon, dated August 6, 1996;
5, "Response Action Work Plan," by Terracon, dated November 18, 1996;
6. "Response Action," by Terracon, dated February 10, 1997;
7. "Corrective Action Implementation," by Terracon, dated June 3,1997; and
8. Various correspondence contained in MPCA files.
.
Page 1 of 1
EXHIBIT C
SITE SUMMARY
LOCAL OIL SITE
The Local Oil site (the Site), is located at First and Bailey Streets, in the city of Hastings.
The Site is currently owned by Birchen Enterprises. The business is run from this location,
using the warehouse on-site, however, the bulk fuel storage and distribution facility has
ceased operation. Birchen Enterprises is in the process of dismantling the bulk fuel
business at the Site. The Site is on the Comprehensive Environmental Response,
Compensation and Liability Information System (CERCLIS) list, as part of the
Northeast Hastings Ground Water Plume site.
The Site entered the Voluntary Investigation and Cleanup (VIe) Program on July 3, 1995,
and all environmental documents were reviewed and approved by MPCA staff.
The Site was developed by at least 1884, and has contained wheat elevators, a feed mill,
sheds, a Standard Oil Company facility, and the Local Oil Company. The Local oil Company
has been on the property from 1927 to the present.
On or before March 22, 1990, a release of at least 2,000 gallons of leaded gasoline occurred
from an aboveground storage tank at the Site. Issues related to the ongoing clean up of this
gasoline spill are being handled through the MPCA's Tanks and Emergency Response
Program, as Leak #2371. Ground-water samples obtained from on-site monitoring wells
indicated that ground water was contaminated with compounds typically attributable to
petroleum, along with a number of solvents not usually associated with a petroleum release.
The non-petroleum compounds detected included: tetrachloroethene (perc), 1,2-dicloroethane,
trichloroethene, and cis-l,2-dichloroethene. The detection of these non-petroleum compounds
in ground water resulted in the Site being listed on CERCLIS. The subsequent investigation
of an adjacent parcel detected elevated levels of non-petroleum compounds in soil and
ground water. As a result, the MPCA staff believes that the non-petroleum compounds
detected in ground water at the Site originate from an off-site source.
In June of 1996, in anticipation of the sale of the Site to the Hastings Housing and
Redevelopment Authority, the Site underwent a Phase II investigation. This investigation
included the installation of soil borings and the excavation of test pits. The only obvious
indication of contamination was seen in a sediment sample collected from a floor drain,
located in the northwestern storage garage. This sample exhibited an oily sheen and odor,
and an elevated organic vapor concentration using a photoionization detector. Laboratory
analysis of this sample indicated elevated levels of diesel range organics (ORO) and
cadmium. Other sample locations at the Site detected low levels of metals, volatiles and
semi-volatiles in soil, well below levels of regulatory concern.
Page I of2
EXHIBIT E
LEASE
This Lease is made and entered into this _ day of ,2001, by and
between the Housing and Redevelopment Authority in and for the City of Hastings, a public
body corporate and politic of the State of Minnesota (Landlord), and Birchen Enterprises, Inc., a
Minnesota corporation (Tenant).
WHEREAS, Tenant has sold to Landlord certain real property situated in Hastings,
Minnesota, and legally described in this Agreement; and
WHEREAS, Landlord wishes to lease back the property to Tenant according to the terms
and conditions set forth in this Lease; and
NOW, THEREFORE, in consideration of the mutual promises and the representations,
warranties, covenants and agreements of the parties set forth in this Lease, the parties hereby
agree as follows:
ARTICLE 1
Premises
Landlord hereby demises and leases to Tenant the premises located at First and Bailey
Streets in the City of Hastings, County of Dakota, State of Minnesota, and described in Exhibit
A, together with all Landlord's rights, easements and appurtenances in adjoining and adjacent
land, highways, roads, streets, lanes, whether public or private, reasonably required for the
installation, maintenance, operation and service ofsewer, water, gas, power, or other utility lines
and for ingress and egress to the above-descn'bed parcel of real estate (the Premises).
14
ARTICLE 2
Term
Except as otherwise mutually agreed by the parties in writing, the term of this Lease shall
be for two years from the date of this Lease unless terminated sooner as provided below. At any
time Tenant may terminate this Lease as to all or part of the Premises upon 60-days written
notice Any written notice of termination shall describe with specificity the portion of the
Premises as to which this Lease is to be terminated.
ARTICLE 3
Rent
Tenant shall pay Landlord net monthly rent in the amount of One Dollar ($1.00), payable
annually on the first day of each year of the lease term.
ARTICLE 4
Use
Tenant agrees to operate an office and warehouse on the Premises. No other use of the
Premises shall be made without the consent of Landlord.
ARTICLE 5
15
Compliance With Laws and Ordinances
Tenant shall comply with all Federal, State, County and City laws and ordinances and all
rules and regulations of any duly constituted authority present and future affecting or respecting
the use or occupancy of the Premises by Tenant or any assignee or subtenant of Tenant during
the term of this Lease. Tenant before complying with such laws, ordinances, rules and
regulations shall have the right to appeal to the extent allowed by law.
ARTICLE 6
Mechanics' Liens
Tenant agrees to pay, when due, all sums of money that may become due for, or
purporting to be due for, any labor, services, materials, supplies or Tenant's equipment, as
required to be supplied by Tenant by said plans and specifications, alleged to have been
furnished or to be furnished to or for Tenant, in, upon or about the demised Premises and which
may be secured by any mechanics', materialmen's or other lien against the Premises and/or
Tenant's interest therein. Tenant will cause such lien to be fully discharged and released;
provided, however, that if Tenant desires to contest any such lien, it may do so, but only if
Tenant provides to Landlord a bond or other security acceptable to Landlord to assure payment
of the lien in the event that the lien is finally determined to be valid and notwithstanding any
such contest, if such lien shall be reduced to final judgment and such judgment or such process
issued for the enforcement thereof is not promptly stayed or if so stayed and such stay thereafter
expires, then, and in that event, the Tenant shall forthwith pay and discharge said judgment.
16
ARTICLE 7
Trade Fixtures, Machinery and Equipment
Landlord agrees that no trade fixtures, machinery, equipment, furniture or other personal
property of whatever kind and nature kept or installed on the Premises by Tenant or by Tenant's
assigns or subtenants shall (except in the event of Tenant's default as hereinafter provided)
become the property of Landlord or a part of the realty no matter how affixed to the Premises
and may be removed by Tenant or its assignees or subtenants, in their discretion, at any time and
from time to time during the entire term of this Lease and any renewals, subject to replacement
with fixtures of substantially equal value.
ARTICLE 8
Alterations, Title to and Removal of Improvements
Tenant may, with Landlord's written consent, make or permit any assignee or subtenant
to make, alterations to the Premises from time to time and all such remodeling and alterations,
shall be and remain the property of Tenant, its assignee or subtenant, as the case may be, at all
times during the term of this Lease and any extensions or renewals thereof. Tenant and any
assignee or subtenant shall have the right to remove its trade fixtures, machinery and equipment
and any non-structural remodeling or alterations ("Tenant's Property") at any time during the
term of this Lease or any extension or renewal thereof.
Except as herein provided, Tenant shall have no authority to create or place any lien or
encwnbrance of any kind whatsoever upon or in any manner to bind the interest of the Landlord
in the Premises, and Tenant covenants and agrees promptly to pay all swns legally due and
payable by it on account of any labor performed on the Premises upon which any lien is or could
be asserted upon the Premises or the improvements thereon.
17
ARTICLE 9
Repairs
Tenant shall at all times during the term of this Lease keep and maintain or cause to be
kept and maintained the Premises in good repair and condition. Landlord shall not be required to
make any improvements or alterations in or to the Premises during the term of this Lease.
Landlord agrees to keep all parts of the water main serving the Premises in good repair.
ARTICLE 10
Taxes and Private Charges
Tenant shall pay and discharge punctually, whenever they shall become due and payable,
all real estate and other taxes, installments of assessments, water and sewer charges, sales tax,
gross income or receipts tax (except Federal or State income taxes) and other governmental
impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary
(hereinafter referred to as "taxes") and each and every installments thereof which as a result of
Tenant's occupancy of the leased Premises shall or may become due, levied, laid, assessed,
imposed upon or for or with respect to the leased Premises, any part thereo~ or any rental
payments provided herein, the appurtenances or equipment owned by Landlord thereon or
therein, or any part thereo~ together with all interest and penalties thereon, under or by virtue of
all present or future laws, ordinances, requirements, orders, directives, rules or regulations of
Federal, State, County, Town and City governments and ofall other governmental authorities
whatsoever (all of which shall also be included in the term "taxes," as heretofore defined).
To the extent that the same may be permitted by law, Landlord shall have the right to pay
any assessment for local improvements assessed during the term of this Lease for which
Landlord shall be responsible for payment in annual installments.
18
The Tenant acknowledges that absent the Tenant's occupancy of the Premises the
Premises would be exempt from taxation under Minnesota's property tax laws, Therefore,
Tenant agrees that it will be responsible for payment of the entire property tax payable in each
year that the Tenant occupies the Premises. If the Lease terminates during a year, the Tenant
shall pay any remaining taxes for such year at the time of termination of the Lease. In addition,
pursuant to Minnesota Statutes, section 272.02, subd. 38, if the Lease terminates and Tenant
ceases to occupy the Premises during a year but not until on or after July 1 of such year, the
Premises will be subject to taxes assessed in such year and payable in the following year. In
such event, Tenant agrees that it will also be responsible for the payment of those taxes payable
in such subsequent year. The taxes payable in such subsequent year shall be payable in full by
Tenant on or before May 15 of such year.
ARTICLE 11
Utilities
Tenant agrees that it will pay all costs for water, sewer, gas and electric current and other
utilities used, consumed or wasted upon or in connection with the Premises during the term of
this lease, as and when the charges for the same shall become due and payable.
ARTICLE 12
Insurance and Indemnification
Tenant agrees at all times during the term of this Lease to obtain and maintain at its
expense and keep in force comprehensive public liability insurance against the claims for
personal injury, death or property damage occurring in, on or about the Premises or sidewalks
adjacent to the Premises with coverage limits as follows:
19
Bodily injury - per person
per accident
$ 500,000.00
$ 1,000,000,00
Property damage
$ 100,000.00
Tenant further agrees to have Landlord added as a named insured on any insurance policy
maintained to satisfy the obligations of this Article.
Tenant further agrees to protect and indemnify Landlord and the governing body
members, officers, agents, servants and employees thereof, now or forever, and further agrees to
hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever
by any person or entity, arising or purportedly arising from this Lease or the transactions
contemplated hereby or Tenants' use of the Premises.
ARTICLE 13
Assignment and Subletting
Tenant agrees not to sell, assign, mortgage, pledge, or in any manner transfer this Lease
or any estate or interest thereunder and not to sublet the Premises or any part or parts thereof
without the previous consent of Landlord in each instance to all terms, in writing.
20
ARTICLE 14
Right To Cure Defaults
If Tenant shall fail in any respect to perform any covenant or agreement in this Lease
contained on the part of Tenant to be performed, then, and in any such event, after the
continuance of any such failure or default for ten (10) days after notice in writing thereof is
given by the Landlord, or for thirty (30) days in event of a non-monetary default under this
Lease (if Tenant is not diligently proceeding to cure said non-monetary defauh), the Landlord
may perform such covenants and agreements, and cure such defaults all on behalf of and at the
expense of the Tenant.
ARTICLE 15
Remedies of Landlord
If Tenant shall fail to pay rent promptly on the day when the same shall become due and
payable hereunder, and shall continue in such default for a period offifteen (15) days after
written notice thereof by Landlord, or if Tenant shall fail keep and perform any other affirmative
covenants of this Lease, and shall continue in default for a period of thirty (30) days after written
notice thereof by Landlord of default and demand ofperfonnance, then and in any such event
and as often as any such event shall occur, Landlord may (a) declare the lease term ended, and
enter into the Premises, or any part thereof, either with or without process of law and expel
Tenant or any person occupying the same in or upon the Premises, or any part thereof using such
force as may be necessary, and to repossess and enjoy the Premises as in the Landlord's former
estate with no obligation on the part of Landlord to make any effort to relet the Premises or
otherwise to mitigate damages in any way; such declaration and re-entry shall not work a
21
forfeiture of the rents to be paid and the covenants to be performed by Tenant for the remaining
term of this Lease; or (b) relet the Premises applying said rent from the new tenant of the
Premises first to the costs of reletting, including, without limitation, reasonable attorneys' fees
and legal costs, and then against the rent payable by Tenant hereunder and Tenant shall be
responsible for no more than the balance that may be due, should a balance exist. However, if
any default shall occur, other than in the payment of money, which carmot with due diligence be
cured within a period of thirty (30) days, and if Tenant, prior to the expiration of thirty (30) days
from and after the giving of the notice as aforesaid, commences to eliminate the cause of such
default and proceeds diligently and with reasonable dispatch to take all steps and do all work
required to cure such default and does so cure such default, then Landlord shall not have the
right to declare the term ended by reason of such default.
The rights, options, powers and remedies of the Landlord under this Lease shall be
cumulative and in addition to any other rights given to the Landlord by law. The exercise of any
right, option, power or remedy shall not impair Landlord's right to other remedies.
ARTICLE 16
Surrender of Premises
Tenant shall, after the last day of the term or any extension thereof, or upon any earlier
termination of such tenn, surrender and yield up to Landlord the building and other
improvements on the Premises in good order, condition and state of repair, reasonable wear and
tear excepted.
22
ARTICLE 17
Holding Over
In the event Tenant wishes to continue occupying the Premises after the last day of the
term hereby created, or after the last day of any extension of said term, Tenant shall have the
right to request an additional extension of said term on a month-to-month basis. Tenant shall
make any such request in writing delivered to Landlord no later than 30 days before the last day
of the term hereby created, or after the last day of any extension of said term. Landlord shall
give due consideration to any such request by Tenant.
ARTICLE 18
Landlord's Access to Premises
Landlord shall have reasonable rights of access from time to time to the Premises
throughout the term of this Lease for the purposes of inspecting the condition of the Premises
and of conducting soil testing, surveying or other similar activities necessary for the Landlord to
facilitate redevelopment of the Premises. Landlord shall also have the right during the last six
(6) months of the Lease term or any renewal thereof to show the Premises to any prospective
tenant or purchaser at reasonable times during business hours.
ARTICLE 19
Amendments
No waivers, alterations or modifications of this Lease or any agreements in connection
therewith shall be valid unless in writing duly executed by both Landlord and Tenant herein.
23
ARTICLE 20
Notices
Any notice or election required or permitted to be given or served by any party hereto, to
or upon any other party, shall be deemed given or served in accordance with the provisions of
this Agreement, if said notice or election is delivered personally or mailed in a sealed wrapper by
United States certified mail, return receipt requested, postage prepaid, properly addressed as
follows:
If to Landlord:
with a copy to:
If to Tenant:
with a copy to:
Hastings Housing & Redevelopment Authority
101 4th Street East
Hastings, MN 55033-1955
Attn: John Grossman, Director
Robert 1. Deike
Bradley & Deike, P.A.
5100 Eden Ave.
Edina, MN 55436
Birchen Enterprises, Inc.
P.O. Box 605
1 Sl and Bailey Streets
Hastings, MN 55033
Attn: Bill Birchen
Dylan 1. McFarland
Burstein, Hertogs & McFarland, P.A.
510 First Ave. No., Suite 610
Minneapolis, MN 55403
Each such mailed notice or election shall be deemed to have been given to, or served upon, the
party to which the notice is addressed on the date the same is deposited in the United States
certified mail, return receipt requested, postage prepaid, properly addressed in the manner above
provided. Either party hereto may change its address for the service of notice hereunder by
delivering written notice of said change to the other party hereto, in the manner above specified,
at least ten (10) days prior to the effective date of said change.
24
ARTICLE 21
Successors and Assigns
The terms, conditions and covenants of this Lease shall be binding upon and shall inure
to the benefit of each of the parties hereto, their heirs, personal representatives, successors or
assigns, and shall run with the land.
ARTICLE 22
Captions
The captions appearing in this Lease are inserted only as a mater of convenience and in
no way define, limit, construe or describe the scope or intent of such Articles of this Lease or in
any way affect this Lease.
ARTICLE 23
Invalidity of Provisions
If any term, covenant, condition or provision of this Lease or the application thereof to
any person or circumstance shall, at any time, or to any extent, be invalid or unenforceable, the
remainder of this Lease or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and
each term, covenant, condition and provision of this Lease shall be valid and enforceable to the
fullest extent permitted by law.
ARTICLE 24
Governing Law
This Lease shall be governed by the laws of the State of Minnesota.
25
ARTICLE 25
Entire Agreement; Modification
This Lease entered into between Landlord and Tenant as to the Premises supersedes any
and all other agreements, either oral or in writing, between the parties hereto with respect to the
Premises and they contain all of the covenants, agreements and other obligations between the
parties in respect to the Premises. It is expressly agreed that there are no verbal understandings
or agreements which in any way change the tenns, covenants and conditions herein set forth, and
that no modification of this Agreement and no waiver of any of its terms and conditions shall be
effective unless made in writing and duly executed by the parties hereto.
ARTICLE 26
Counterparts
This Agreement may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
26
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
LANDLORD:
Housing and Redevelopment Authority
in and for the City of Hastings
By
Chairperson, Board of Commissioners
and
By
John Grossman, Executive Director
TENANT:
Birchen Enterprises, Inc.
By
Paul A. Birchen, President
and
By
William P. Birchen, Vice-President
C:\WINNTlProfiles\jgrossmanlPersonal\HRAlDraft Purchase Agreement Rev 2.29.01.doc
27
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only. Dakota County is nol responsible for any inaccuracies herein contained. If discrepancies aRt
found, please contact Dakota COW'rty Survey and Land Infonnation Department
Map Date: December 14, 2000 PI"",I. Updated: 09121/2000 ABrill Photognophy:
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CITY OF HASTINGS
VIII-B-2
101 4th Street East · Hastings, MN 55033-1955
651-437-4127 · Fax: 651-437-7082
MEMORANDUM
TO: Mayor Werner and City Council
FROM: Matthew Weiland, City Planner
DATE: March 1,2001
SUBJECT: Special Use Permit- Renewal of Soil Processing Permit (Tiller Corporation -
Barton Sand and Gravel)
Enclosed is an application from Tiller Corporation requesting the City to renew their soil
processing permit for 2001. The applicant is required to reapply each year for the special use
permit. Last year City staff worked with the applicant to clarify the boundaries, operations, and
conditions of their soil processing permit. The City also required the applicant to go through a
discretionary environmental assessment worksheet (EA W). The purpose of the EA W was to
determine any potential environmental impacts of the mining operation to address as part ofthe
special use permitting process. Many environmental impacts were identified as part of the EA W
and conditions were added to the approval to address these impacts. A briefreview ofthe Barton
Sand & Gravel Company operation and recommendations are as follows:
The City issued an initial special use permit to Davies Excavating in early 1984
with several conditions attached. In. 1988 the soil processing permit for the
operation was transferred from Davies Excavating to Tiller Corporation. The City
has renewed their special use every year since through 1999. The city required a
new phasing and reclamation plan to be submitted in 2000 as well as an EA W.
The current permit allows them to operate from 7:00 am to 5:00 pm, Monday
through Saturday. However, their normal operating hours are Monday through
Friday. Normal truck routes moving to and from the operation are County State
Aid 54 or County Road 91 to Trunk Highway 316.
1
-
Hastings on the Mississippi
Back~ound Information:
1. Zoning: A Agriculture and F-W Floodway. Sand extraction is allowed as a Special Use in
both the Agriculture and Flood Way District.
2. Existing Conditions: Information provided by the applicant describes the mining operation,
the phasing of the mining operation and the reclamation process.
5. Access: The mining operation has two accesses off of County Rd 54. These access points
should be gated or chained placed acro'ss it to prevent unauthorized access to the site. Any future
accesses will require Dakota County location approval.
6. Critical Areas/Shore land Areas: The entire site is located in the Rural Open Space district of
the Minnesota River Critical Area Corridor. Land within 300ft of the Vermillion River is also
located in the City's Shore land area. The Vermillion river is defined as a transitional river. The
following conditions shall be added to the permit in accordance with state critical area
requirements and the City's Shore land Ordinance:
a. The earthen berms shall be immediately seeded with a native grass mixture after
they are constructed.
b. The site above the water table shall also be planted with native vegetation at the
end of mining activities on the site.
c. Native trees shall be planted in the shore land impact zone that has been affected
by historic farming practices (pre-mining) as part ofthe reclamation of this site..
d. The mining operation shall stay at least 75 ft away from the ordinary high water
(OHWL) of the Vermillion River.
Planning Consideration:
Zoning: Mining operations are allowed in the Agricultural Zoning District by Special Use
Permit. A Special use is allowed as long as it meets minimum ordinance standards and standards
set forth by the City Council addressing reasonable Health, Safety, and General Welfare
concerns. The City Council may add reasonable conditions to Special Use Permit addressing
specific concerns with that project.
This property was recently farmed and is now being mined with a sand and gravel operation.
There are many natural features on the property. The property includes flood plains, shore lands,
2
wetlands and is in the MNRRA Critical Area. The use of the property as a gravel operation is an
appropriate use for the site as the reclamation of the property will leave it as a natural area with
more wetland habitat. Mining operations do have environmental impacts, but they also have a
limited life span. There is a community need for sand and gravel and there are less opportunities
to site these operations appropriately as the area becomes more urbanized.
The City has adopted many local ordinances to protect its natural features and amenities. These
ordinances include a floodplain ordinance, a shore land ordinance, and a Critical Areas
Ordinance (in process of being approved/Executive Order 79-19 enforced in the interim). The
City will address and mitigate where feasible the environmental impacts of this mining operation
through it's Special Use Permit process. This special use permit is reviewed yearly.
It should be noted that the applicant has worked hard with the City to address the City's
concerns. The applicant has made all the changes the city has asked ofthem.
Planning: Commission Recommendation:
The Hastings Planning Commission recommended approval of the soil processing special use
permit at their 8/28/00 Planning Commission Meeting, subject to the conditions listed below:
Action Requested:
A motion to recommend approval ofthe soil processing permit to December 31, 2001,
subject to the following conditions:
Tiller Corporation Company is permitted to operate a soil processing operation including
the following activities that have been previously permitted:
A. Processing of rock, aggregates and recycled materials, including
crushing, washing and stock piling.
Tiller Corporation is permitted to operate on the land described by exhibit A and exhibit
B.
The conditions stipulated during the original special use permit issuance in 1987 are still in
effect and the following:
1. The site is to be restored, upon completion ofthe mining operation, pursuant to the
plans provided to the City and dated August 23, 2000.
2. The earthen berms shall be immediately seeded with a native grass mixture after
they are constructed. This native grass mixture shall be approved by the DNR.
3
3. The remainder of the site above the water table shall also be planted with native
vegetation at the end of mining activities on the site. This native grass mixture shall
be approved by the DNR.
4. The applicant shall plant native trees in the shore land impact zone that has been
affected by historic farming practices (pre-mining) as part of the reclamation of this
site.
5. The applicant shall retain and protect all the existing trees in the wetland and shore
land impact zone.
6. The applicant shall not encroach upon any identified wetlands as identified on the
8/2312000 site plan. The wetlands shall be marked with stakes in the field, as
identified on the 8/23/00 site plan, prior to excavation near those areas. The stakes
in the field shall be reviewed annually for visibility after excavation occurs in these
areas.
7. The applicant shall stay at least 75 ft back landward from the ordinary high water
level of the Vermillion River (Shore land Impact zone). The shore land impact zone
shall be marked with stakes in the field, as identified on the 8/23/00 site plan, prior
to excavation near those areas. The stakes in the field shall be reviewed annually
for visibility after excavation occurs in these areas.
8. Any abandoned on-site wells shall be abandoned according to Dakota County
Ordinance No. 114.
9. Salvage and waste materials located near the abandoned farm house in phase 1
shall be removed before mining can occur in this area.
10. Tiller Corporation shall notify the City Planning Department if any excavation of
previously undisturbed areas reveals the presence of historic artifacts.
11. Operating hours are not to be in excess of 7:00 am to 5:00 pm Monday through
Saturday except holidays. In addition, Tiller Corporation shall refrain from at all
times using CSAH 54 and HWY 91 for hauling purposes between the hours of 5:00
pm and 7:00 am. In cases of emergency, Tiller Corporation may operate during
hours other than those noted upon approval by the City Administrator or the Public
Works Director. This special use permit can be revoked ifthe applicant is
discovered working beyond these hours and does not have authorization to do so.
12. Tiller Corporation Company shall refrain from using West 10th Street between
Trunk Highway 61 and Trunk Highway 55 for hauling purposes.
4
13. All accesses to this property shall be gated or chained to prevent unauthorized
access to the site. Any new accesses shall be approved by Dakota County.
14. Tiller Corporation shall continue in full force and effect an irrevocable bond or
other form of security acceptable to the City in the amount of $75,000.00 for the
estimated cost of restoring the site covered by the soil pursuant to City Code.
15. Tiller Corporation shall provide to the City a Liability insurance policy or
certificate of insurance from an insurance company authorized to write casualty
insurance in the State of Minnesota as will protect the applicant, its agents and the
city from claims for bodily injury, death or property damage which may arise from
operations under the soil processing permit. The amounts of the insurance shall not
be less than that which is required by the City Code.
16. Vegetative Cover as required by the City of Hastings Storm Water Management
Ordinance, shall be restored on the steeply sloped portions of the site, identified on
the mining plans Appropriate erosion control measures as determined by the Public
Works Director shall be undertaken to ensure establishment of vegetative over on
steeply sloped portions of the site where mining is complete according to the
approved plan.
17. Reclamation of each mining phase shall begin as part of the condition of moving on
to the next mining phase.
18. The applicant shall operate the facility with due regards to the rights of the
easement holders on the property. Mining operations shall not conflict with
pipelines and power lines as established within easements on the property.
19. As applicable, the applicant shall be responsible for obtaining any water
appropriations or dewatering permits required from the State DNR.
20. The applicant shall follow the State's DNR well dispute resolution system set up to
handle well interference problems. The applicant shall correct interference with
existing wells by modification of pumping operations, replacing wells, or lowering
impacted wells.
21. The City of Hastings shall be informed of the results of the most recent inspection of
the mining operation by the Mine Safety and Health Association.
22. The applicant shall notify well owners within a one mile radius of the gravel pit the
following item:
5
1. Contact name, address and phone number.
23. The mining operation and plan shall be in compliance with the City's Floodplain
Ordinance.
6
LAND USE APPLICA nON
CITY OF HASTINGS
101 4th Street East, Hastings, MN 55033
Phone (651)437.4127 Fax (651)427.7082
Address of Property Involved:
2445 County Road 54, Hastings, MN
Legal Description of Property Involved:
See Exhibit A attached hereto
,)1:a-%c. (".4ILo./\/
Applicant: Barton Sand & Gravel Co., division
Name of Tiller Corporation
Address 10633-89th Ave. N., P.O. Box 1480
Maple Grove, MN 55311-6480
Phone (763) 425-4191
}:;-61Y:: (763) 425-7153
Owner (If different from Applicant):
NaDle C & D Enterprises
Address Hastings, MN
Official Use Only
Date Rec'd
File No.
Fee Paid
Rec'd by
Ordinance #
Section
Phone (651) 436-7234
~y~'
Request:
Rezone:
Comp Plan Amend:
Site Plan:
Variance:
Special us/t J-C::X::;~C:>d
Subdivisiol!f . ,
Vacation:
Other:
TOTAL:
Description of Request (include site plan, survey, and/or plat if applicable):
See additional information attached hereto
;?#'/~
Signature of Applicant
Mr;t,',9h el c~ron~
L. /~j ,
~~/ /l ~~
Signature of Owner
Donald K. Davies
02/12/01
Date
02/12/01
Date
Soil Processing Permit
2001 Renewal
The following information is submitted in connection with an application for the
renewal of our Soil Processing Permit dated June 21,1988 and renewed each
year thereafter to operate a sand and gravel mine in the City of Hastings. The
Applicant and Operator, Barton Sand & Gravel Co., is a division of Tiller
Corporation. The property is owned by C & D Enterprises, a general partnership
owned by Donald (Butch) Davies and Donald Cysiewski.
Location
The site is located in part in the City of Hastings and in part in Ravenna
Township. The site is north of Ravenna Trail (CSAH 54) near the intersection
with County Road 91. The legal description is attached hereto as Exhibit A.
Regulatory Update
In August 2000 the City of Hastings completed a thorough environmental review
of the entire mining and processing operations as well as the reconfiguration of
the mining limits within the City. An amended permit, for the portion of the
operation within the City, was issued in September 2000. Very little activity has
occurred since the amended permit was approved.
The 1989 Dakota County permit contained a prohibition against intersecting
groundwater during mining operations. This was not consistent with the
operations authorized by the City's 1984 permit including the recent
amendments. In October 2000, after evaluating the environmental review, the
Dakota County Board removed this restriction by amending the Dakota County
permit. Very little activity has occurred since the amended permit was approved.
Ravenna Township was aware of the actions taken by Dakota County and the
City of Hastings. In February 2001 the Township reviewed the current Ravenna
Township permit and approved continued operations as authorized by Dakota
County.
At this time, City, Township and County permits are consistent allowing us to
achieve more uniform operating parameters over the entire operation.
Operating Hours
The current Permit allows operations from 7:00 AM to 5:00 PM Monday through
Saturday except holidays. However, situations arise such as public emergencies
or accelerated work schedules which may require an extension of our normal
operating hours.
Traffic Patterns
Traffic patterns to and from the site primarily involve Ravenna Trail (CSAH 54)
and County Highway 91. Traffic moves east and west on Ravenna Trail or north
and south on County Road 91. In addition to Ravenna Trail, traffic also uses
U.S. Highway 61 for north and south travel through Hastings.
Traffic Control Proaram
The safety with which traffic moves to and from our site and its impact on the
health, safety and welfare of the people of the community is a major
consideration to us. Safe trucking operations are dependent on the policies and
procedures followed, including~he condition of the equipment and the attitudes
and driving practices of the individual drivers. Our goal is safe and courteous
trucking activities to and from our site to minimize impact on the people around
us. We have employed a traffic control program in the interest of safe trucking
operations which includes the following:
1. Access to the site is limited to the two entrances that presently exist.
2. Stop signs are maintained at both exits from the site.
3. Signs have been placed by the scale to encourage safe and courteous driving
practices in accordance with all traffic rules and regulations.
4. We follow-up directly with drivers or customers who are not driving safely.
Estimated Volume
The amount of material produced is dependent on market conditions and
demand. We estimate production in 2001 will be approximately 200,000 tons.
Reclamation
The approved Mining and Reclamation Plan is attachecl hereto as Exhibit B.
Mining will continue on the north side of Phase 1. Slopes, as depicted on the
Mining and Reclamation Plan, will be established as materials are removed.
Once mining has been completed along the north face of Phase 1, final grading
will take place and vegetation will be established in this area.
Security
Site access is restricted to authorized persons. Each site entrance has a gate
that is locked during non-operating hours. There is also a series of natural
barriers, fences and earthen berms that limit access. Trespassing or
infringement by unauthorized persons has not historically been a problem at this
site.
Exhibit A
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Hastings
All of Government Lot Ten (10) and All that part of Lot Nine (9) lying South of
the Vermillion Slough and River in Section Twenty Six (26); all that part of the
Northwest quarter of the Northeast quarter (NW )4 of NE )4) lying North of the
Hastings and Ravenna Road-(so called) of Section Thirty-Five (35), all in
ToVlinship One Hundred Fifteen (115), Range Seventeen" (17), excepting and
reserving from the above lands any part thereof heretofore deeded" for railway
purposes, all according to the Government Survey thereof. Also excepting from
the above described land that part of the NW )4 of the NE ?4" of Section 35,
Township 115, Range 17, lying Northerly of County Road" Number 54 and
southeasterly, southwesterly and northwesterly of the following described line:
Commencing at the Northwest corner of said NW ?4 of NE )4; thence South po
01 '23" East (assumed bearing) along the West line of said NW ?4 of NE ?4 for a
distance of 700 feet to the North line of County Highway Number 54; thence
South 790 10'30" East along said North line for a distance of 67.19 feet to the
point of beginning; thence North 00 01 '23" West for a distance of 132.56 feet;
" thence South 79013'30" East for a distance of 740.22 feet; thence South 140
03' West for a distance of 131.05 feet to the said North line of Highway
Number 54 and there terminating. "
And
All of Government Lot Eleven (11), Section Twenty-Six (26), Township One
"Hundred Fifteen (115), Range Seventeen (17).
And
That part of the Northeast Quarter of the Northeast Quarter (NE % of NE ?4) of
Section Thirty-Five (35), Township One Hundred Fifteen North (115N), Range
Seventeen West (17W) lying North of the Chicago, Milwaukee, St. Paul and
Pacific Railroad right-of-way (now known as the Sioux Line Railroad)
And ""
All. that part of the Northeast Quarter of the Northeast Quarter (NE ?4 of NE %)
of Section 35, Township 115, Range 17, lying North of the centerline of County
State Aid Highway No. 54 and lying South of the Chicago, Milwaukee, St; Paul
and Pacific; Railroad right-of-way ~
All of which property is subject to:
". 1. A pipeline easement to Standard oil Company, an Indiana Corporation, recorded in
Book 54 of Miscellaneous Records, Page 264. -
2. Northern States Power Company electrical transmission easement, recorded" in Book
78 of Miscellaneous Records, Page 192.
Subject to any and all other easements of record.
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VIII-B-3
MEMORANDUM
TO: Mayor Werner and City Council
FROM: Matt Weiland, City Planner
DATE: March 1,2001
SUBJECT: SpeciaJ Use Permit Renewal- Hot Asphalt Plant (Commercial Asphalt)
Enclosed is an application from Commercial Asphalt and background information that requests
the City to renew a special use permit for the operation of a temporary asphalt plant. The
applicant is required to reapply each year for their special use permit. There are no changes
requested for their approved conditions of operating. The asphalt plant is operated as part of the
Barton Sand and Gravel pit located along east 10th Street (CSAH 54).
The City approved the original special use permit on June 19, 1989, subject to several conditions.
The current application is similar to applications made in the past that have all been approved
with similar conditions. The plant has operated since May 1990.
Background Information
1. Location - The asphalt plant is proposed to be located in the west/northwest portion of the
Davies pit located along County Road 54 near the intersection of County Road 54 &
Glendale Road.
2. Performance Bond - City Code requires the submission of a performance bond by the
applicant. Staff is again recommending a performance bond in the amount equal to
$25,000.
3. Operating Hours - The applicant indicates that the plants operating hours will generally
be from 7:00 am to 5:00 pm. Last year the City allowed operating hours from 6:00 am to
5:00pm, however, no hauling before 7:00 am was allowed.
4. Vehicle Trips- The applicant indicates that the peak number of vehicle trips associated
with the plant would be 21 per hour. Assuming two-way traffic, this would result in 42
trips on a peak hour basis.
5. Spill containment system - Previous conditions by the city require a spill containment
system. The applicant has provided a spill containment system.
6. Flood Plain - The site ofthe asphalt plant is located near a flood hazard area. The
applicant has indicated that the plant is at an elevation of 694.2 that is above the 100 Year
Flood Boundary.
7. Screening - The site plan seems to illustrate that the plant will be screened in part be a
stockpile of material. The City should require this type of situation to make the plant as
unobtrusive as possible. It is strongly encouraged that the stockpile is
wrapped around the front ofthe asphalt plant site as much as possible.
Action Requested:
A motion to recommend approval ofthe special use permit that allows Commercial Asphalt to
operate a hot asphalt plant subject to the following conditions:
a. Expiration of the permit shall be December 31, 2001.
b. All PCA requirements shall be met and all permits received before the operation of the
plant.
c. The site must be watered as necessary to control dust.
d. Before commencing operation of the plant, the applicant shall provide the city with the
necessary insurance certificates and a performance bond for $25,000.
e. The site of the temporary asphalt plant shall be at an elevation of not less than 694 feet.
This requirement includes that the bottom ofthe spill basin shall also be at an elevation of
not less than 694 feet.
f. The aggregate stockpile shall be maintained as shown on the site plan for screening
purposes. Also, it is strongly encouraged that the stockpile be wrapped around the front
of the site as much as possible to provide effective screening.
g. That all requirements of the city code concerning temporary asphalt plants be attached as
conditions for permit approval and be adhered to by the applicant.
h. The applicant shall file with the local fire authority a material safety data sheet for a
flammable combustible liquid storage permit.
I. That conditions for approval be strictly enforced.
J. Hours of operation shall be from 6:00 am to 5:00 pm, however no hauling may begin
before 7:00 am.
Cc: Commercial Asphalt Company
LAND USE APPLICA nON
CITY OF HASTINGS
101 4th Street East, Hastings, MN 55033
Phone (651)437.4127 Fax (651)427.7082
Address of Property Involved:
2445 County Road 54, Hastings. MN
Legal Description of Property Involved: See Exhibit A attached hereto
Phone
Commercial Asphalt Co., division
of Tiller Corporation
10633-89th Ave. N.. P.O. Box 1480
Maple Grove, MN 55311-6480
(763) 424-5400
(763) 425-7153
Official Use Only
Date Rec'd
File No~
Fee Paid
Rec'd by
Ordinance #
Section
Applicant:
Name
Address
Pu-. ~ :
Owner (If different from Applicant):
Name C & D Enterprises
Ad~s Hastings, MN 55033
Phone (651) 436-7234
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Request:
Rezone:
Comp Plan Amend:
Site Plan:
Variance:
Special usl/' d-c;c)'o d
Subdivisio : '
Vacation:
Other:
TOTAL:
Description of Request (include site plan, slUVey, and/or plat if applicable):
Hot mix asphalt plant. See additional information attached hereto
~~~2/12/01
Signature of Applicant Date
M))hael Caron .
//cn~/fO~ 02/12/01
Signature of Owner Date
Donald (Butch) Davies
Special Use Permit
2001 Renewal
The following information is hereby submitted in connection with an application for the
renewal of our Special Use Permit dated June 19, 1989 and renewed each year thereafter
to operate a hot mix asphalt plant in a sand and gravel mine in the City of Hastings. The
Applicant and Operator, Commercial Asphalt Co., is a division of Tiller Corporation. The
property is owned by C & D Enterprises, a general partnership owned by Donald (Butch)
Davies and Donald Cysiewski.
Location
The plant site is in a sand and gravel mine located in part in the City of Hastings and in
part in Ravenna Township. The site is north of Ravenna Trail (CSAH 54) near the
intersection with County Road 91. The legal description is attached hereto as Exhibit A.
The mine is operated under a current Soil Processing Permit issued by the City of Hastings
to Barton Sand & Gravel Co., also a division of Tiller Corporation and thereby related to
Commercial Asphalt Co.
The plant site is in the City of Hastings, near the western entrance to the mine, and south
of the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks. A small part of the
western portion of the property south of the railroad tracks is within the 100-Year Flood
Boundary (flood plain) as set forth on the Flood Insurance Rate Map for the City of
Hastings dated December 19, 1981. The plant is at an elevation of 694.2 feet, and
therefore not in the flood plain.
Operatina Hours
The current Permit allows operations from 6:00 AM to 5:00 PM, with no hauling before
7:00 AM. However, situations arise such as public emergencies or accelerated work
schedules which may require an extension of our normal operating hours.
Estimated Volume
The amount of hot mix asphalt produced is dependent on market conditions and demand.
We estimate production in 2001 will be approximately 150,000 tons.
Traffic Patterns
Traffic patterns to and from the plant primarily involve the west entrance to the mine,
Ravenna Trail (CSAH 54) and County Highway 91. Traffic moves east and west on
Ravenna Trail or north and south on County Road 91. In addition to Ravenna Trail, traffic
to and from an area west of the site also uses U.S. Highway 61 for north and south travel
through Hastings.
Traffic Control Program
The safety with which traffic moves to and from our plant and its impact on the health,
safety and welfare of the people of the community is a major consideration to us. Safe
trucking operations are dependent on the policies and procedures followed, including the
condition of the equipment and the attitudes and driving practices of the individual drivers.
Our goal is safe and courteous trucking activities to and from our plant to minimize impact
on the people around us. We have employed a traffic control program in the interest of
safe trucking operations, which includes the following:
1. Access to the plant is limited to the entrance that presently exists.
2. A stop sign is maintained at the exit from the site.
3. Signs have been placed near the plant to encourage safe and courteous driving
practices in accordance with all traffic rules and regulations.
4. We follow-up directly with drivers or customers who are not driving safely.
Traffic Volumes
The quantity of material a truck can haul is dependent on the legal load limit for each
specific truck and the weight restrictions on the streets and roads of the intended travel
routes. The estimated average load size for trucks hauling material from this plant is 19
tons.
Based on the production capacity of the plant, which is approximately 400 tons per hour,
and the estimated average load size, the peak number of loads from the plant in any hour
during the season will be 21.
Air Pollution Control Equipment
The plant is equipped with a fabric filter baghouse to control particulate matter emissions
(dust). Plant operations require a permit from the Minnesota Pollution Control Agency
(MPCA) which specifies performance testing to demonstrate compliance with the standards
established. This permit also addresses requirements regarding allowable fuels and the
control of fugitive emissions (dust) through application of water.
Petroleum Storage Facilities and BaCk-up Containment System
The operations of the plant require storage facilities on site for burner fuel, diesel fuel and
asphalt cement. These facilities are registered with the MPCA. The tanks have a
containment system that will contain the tank contents in case of a spill. The storage
facilities and containment are above the 100-year flood elevation.
Security
Site access is restricted to authorized persons. The site entrance has a gate that is locked
during non-operating hours. There is also a series of natural barriers, fences and earthen
berms that limit access. Trespassing or infringement by unauthorized persons has not
historically been a problem at this site.
Exhibit A
Hastings
All of Government Lot Ten (10) and All that part of Lot Nine (9) lying South of
the Vermillion Slough and River in Section Twenty Six (26); all that part of the
Northwest quarter of the Northeast quarter (NW )4 of NE )4) lying North of the
Hastings and Ravenna Road (so called) of Section Thirty-Five (35), all in.
Township One Hundred Fifteen (115), Range Seventeen (17), excepting and
reserving from the above lands any part thereof heretofore deeded for railway
purposes, all according to the Government Survey thereof. Also excepting from
the above described land that part of the NW )4 of the NE )4 of Section 35,
Township 115, Range 17, lying Northerly of County Road Number 54 and
southeasterly, southwesterly and northwesterly of the following described line:
Commencing at the Northwest corner of said NW )4 of NE )4; thence South po
01'23" East (assumed bearing) along the West line of said NW )4 of NE )4 for a
distance of 700 feet to the North line of County Highway Number 54; thence
South 790 10' 30" East along said North line for a distance of 67.19 feet to the
point of beginning; thence North 00 01'23" West for a distance of 132.56 feet;
thence South 79013'30" East for a distance of 740.22 feet; thence South 140
03' West for a distance of 131.05 feet to the said North line of Highway
Number 54 and there terminating.
And
All of Government Lot Eleven (11), Section Twenty-Six (26), Township One
Hundred Fifteen (115), Range Seventeen (17).
And
That part of the Northeast Quarter of the Northeast Quarter (NE )4 of NE )4) of
Section Thirty-Five (35), Township One Hundred Fifteen North (115N), Range
Seventeen West (1 7W) lying North of the Chicago, Milwaukee, St. Paul and
Pacific Railroad right-of-way (now known as the Sioux Line Railroad)
And
All. that part of the Northeast Quarter of the Northeast Quarter (NE )4 of NE )4)
of Section 35, Township 115, Range 17, lying North of the centerline of County
State Aid Highway No. 54 and lying South of the Chicago, Milwaukee, St. Paul
and Pacific Railroad right-of-way~
All of which property is subject to:
". 1. A pipelineeasemerit to Standard oil Company, an Indiana Corporation, recorded in
Book 54 of Miscellaneous Records, Page 264. -
2. Northern States Power Company electrical. transmission easement, recorded in Book
78 of Miscellaneous Records, Page 192. .
Subject to any and all other easements of record.
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VII-1
VIII-A-1
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Public Hearing, Lock & Dam Access Road and Riverfront Trail Improvements
March 1,2001
Enclosed is a copy of the feasibility report for the proposed Lock & Dam Access Road
and Riverfront Trail Improvement Project that was included in the packet for the February 20th
Council meeting. In. addition to the City's park property and the Koch former tank farm property,
three other property owners are proposed to be assessed for this project, HD Hudson
Manufacturing, Margie Reuter, and Patricia Effinger.
I was contacted by Patricia Effinger who had questions about the amount of her
assessment, and Gloria Lawrence, Margie Reuter's daughter. Ms. Lawrence questioned the
benefit ofthe road improvements to her mother's property, noting that their access is off of
Ashland Street and the alley. She also questioned the property boundaries as shown by the
Dakota County GIS information, mentioning that her documents and surveys differ from the
County's. Ms. Lawrence was also concerned about the impact of road grades and construction
on her mother's property.
In response to the benefit question, I noted that her mother's property was being treated as
a corner lot and assessed Yz of the frontage of a typical lot. However, I did discover that the
frontage used is wrong; the feasibility report for the Effinger and Reuter properties show 150 ft.
of total frontage/75 ft. assessed. The correct frontage should be 140 ft. of total frontage/70 ft.
assessed.
Regarding property boundaries, there is a legitimate concern about the correctness of the
County's mapping. I have asked Ms. Lawrence to furnish me a copy of the road easement that
was obtained by the Federal Government and the railroad in the mid-50's and I will have our
engineering consultant review property records to make sure the City is working within our right
of way or easement rights.
With respect to impacts on the Reuter property, the road will be widened from 24 ft. to 28
ft., but this widening may be able to be accomplished within the area of the existing road
shoulders. The grade will also be lowered a little to accommodate a new driveway location for
HD Hudson. However, as with most road projects, there will be impact to the side slopes
abutting the Reuter property and the design and construction ofthe road improvements will be
conducted so as to minimize these impacts as much as is practicable and to restore any damage
done.
COUNCIL ACTION REQUESTED
Council is requested to adopt the enclosed resolution ordering the Lock and Dam Access
Road and Riverfront Trail improvements, approving the plans and specifications, and authorizing
advertisement for bids for the project.
CITY OF HASTINGS
Dakota County, Minnesota
Resolution No.
RESOLUTION ORDERING THE IMPROVEMENT, ApPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR
PROJECT NO. 2000-20,
LOCK & DAM #2 ACCESS ROAD AND RIVERFRONT TRAIL IMPROVEMENTS
WHEREAS, a resolution ofthe City Council adopted the 20th day of February, 2001, fixed a date for a
Council hearing on the proposed street, bituminous trail, sanitary sewer, watermain, storm sewer
building and fence demolition improvements for the Lock & Dam #2 Access Road and Riverfront Trail
Improvements,
WHEREAS, ten days mailed notice and two weeks published notice ofthe hearing was given, and the
hearing was held thereon on the 5th day of March, 2001, at which all persons desiring to be heard were
given an opportunity to be heard thereon,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the feasibility report dated
February 14,2001.
3. The plans and specifications presented by the Hastings Public Works Director are
hereby approved.
4. The Public Works Director shall prepare and cause to be inserted in the Hastings Star
Gazette and in the Construction Bulletin an advertisement for bids for the
construction ofthe Lock & Dam #2 Access Road and Riverfront Trail Improvements
in accordance with such approved plans and specifications. The advertisement shall
be published for two weeks, shall specify the work to be done, shall state that bids
will opened and considered by the Council at 10:00 AM, Thursday, March 29, 2001
at Hastings City Hall, and that no bids will considered unless sealed and filed with
the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified
check payable to the City of Hastings for 5%ofthe amount of each bid.
1
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 5th DAY OF
MARCH, 2001.
Ayes:
Nays:
Michael D. Werner, Mayor
ATTEST:
Melanie Mesko, City Clerk
(SEAL)
2
RIVERFRONT IMPROVEMENTS
LOCK AND DAM ACCESS ROAD AND TRAIL
Hastings, Minnesota
Project No.: 2000-20
Location: Lock and Dam Access Road
Improvement: Street reconstruction, storm sewer, sanitary sewer, watermain and trail
construction, building and fence demolition
Initiation: City Initiated Project
Owners Abutting: 4
Right of Way: The project will be constructed within the existing right of way or City
property. A temporary construction easement will be needed to relocate
the Hudson Manufacturing parking lot driveway.
Feasibility: This project is feasible, necessary, and cost effective, and will result in
benefits to the properties served.
Completion: Fall of2001
FUNDING SUMMARY:
2.)
3.)
1.)
TOTAL PROJECT COSTS:
(Includes 10 % Contingencies, 11 % for Engr., Legal,
Administration, and Bonding Costs, I % assessment roll
preparation, and 8% capitalized interest)
$1,434,035.98
FUNDING SOURCES:
Corps of Engineers
LCMR Grant
Assessed City Property and City Participation
Assessments
$ 365,810.00
$ 155,000.00
$ 903,066.82
$ 10,159.16
ASSESSMENT RATES:
Street (Reconstruction):
Storm Sewer:
Water Service
Sewer Service (Force Main)
$ 11.77/FF
$ 8.76/FF
$ 2,000/EA
$ 2,000/EA
D:ltomIWPDOCSIIMPRIL&DAccessRD\2000-20FRPT. wpd
Riverfront Improvements
Project 2000-20
Lock and Dam Access Road and Trail Improvements
Assessment Analvsis:
1.)
STREET ASSESSMENT
Estimated Street Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding
Plus Assessment Roll Prep and Cap Interest (9%)
Less Corps of Engineers Participation
Less City Participation (center 24')
Total Estimated Assessable Project Costs
Assessable Frontage
Estimated Assessment Per Front Foot
2.)
STORM SEWER ASSESSMENT
Estimated Storm Sewer Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding (11 %)
Plus Assessment Roll Prep and Cap Interest (9%)
Less Corps of Engineers Participation
Total Estimated Assessable Project Costs
Assessable Frontage
Estimated Assessment Per Front Foot
3.)
SANITARY SEWER ASSESSMENT
Estimated Sanitary Sewer Construction
Plus Contingencies (10%)
Subtotal, Construction Costs
Plus Engineering, Legal, Admin and Bonding (11%)
Plus Assessment Roll Prep and Cap Interest (9%)
Total Estimated Assessable Project Costs
D :\tom\Spreadsheets\l&d2accessroad Est. QPW
$641,850.00
$64.185.00
$706,035.00
$136,660.30
$47,394.05
$316,094.71
$452.808.00
$121,186.64
10,300 ft
$11.77 per FF
$100,950.00
$10,095.00
$111,045.00
$21,493.90
$7,454.12
$49.715.29
$90,277.73
10,000 ft
$9.03 per FF
$34,960.00
$3.496.00
$38,456.00
$7,443.55
$4.130.96
$50,030.51
02/12/01 TMM
Riverfront Improvements
Project 2000-20
Lock and Dam Access Road and Trail Improvements
Assessment Analvsis:
4.) WATERMAIN ASSESSMENT
Estimated Watermain Construction $62,100.00
Plus Contingencies (10%) $6.210.00
Subtotal, Construction Costs $68,310.00
Plus Engineering, Legal, Admin and Bonding (11 %) $13,222.10
Plus Assessment Roll Prep and Cap Interest (9%) $7.337.89
Total Estimated Assessable Project Costs $88,869.99
5.) RIVERFRONT TRAIL
Estimated Trail Construction $166,560.00
Plus Contingencies (10%) $16.656.00
Subtotal, Construction Costs $183,216.00
Plus Engineering, Legal, Admin and Bonding (11%) $35,463.33
Plus Assessment Roll Prep and Cap Interest (9%) $5,731.14
Less LCMR Grant $155.000.00
Total Estimated Assessable Project Costs $69,410.47
6.) BUILDING AND FENCE DEMOLITION
Estimated Building Demolition Costs $28,400.00
Plus Contingencies (10%) $2.840.00
Subtotal, Construction Costs $31,240.00
Plus Engineering, Legal, Admin and Bonding (11 %) $6,046.82
Plus Assessment Roll Prep and Cap Interest (9%) $3.355.81
Total Estimated Assessable Project Costs $40,642.64
D:\tom\Spreadsheets\l&d2accessroadEst. QPW
02/12/01 TMM
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VIII-A-1
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Informational Presentation - Lock and Dam Access Road and Trail Improvements
January 8, 2001
The following is some general information about the proposed Phase 1 Riverfront
improvements that I will be presenting to the Council at the January 16th meeting.
I. IMPROVEMENTS ,
The Phase 1 Riverfront improvements consist ofthe-following improvements;
~ Reconstruct the Access Road - The existing 24 ft. wide Lock and Dam Access Road will be
reconstructed with concrete curb and gutter to a 28 ft. width. No parking will be allowed along
the roadway.
~ New Alignment - The Lock and Dam Access Road will be constructed on a new alignment
beginning at the bottom ofthe hill coming down from 2nd Street. The new alignment will
swing towards Lake Rebecca to create an area for an interpretive center and bandshell. The
new alignment will swing back towards the river to enter the Koch tank farm property near the
location of the existing main gate. The new alignment will cut through the Koch tank farm
property near the river side of the old tank locations, before swinging riverward to match the
existing access road alignment at the downstream end ofthe Lock and Dam property. A new
entrance to the Mississippi River public access boat ramp will be created that will separate the
boat ramp activities from the Lock and Dam Access Road.
~ Trail Extension - The existing Riverfront Trail WIll be extended upstream from the public
access to connect with the existing trail system through the Lock and Dam property. This trail
extension will be 10ft. wide and will generally be constructed over the existing road
alignment. Another new trail will be constructed from 2nd St. down to match into the existing
Riverfront Trail at the bottom ofthe hill. Due to space constraints and steep side slopes, this
trail will be constructed at an 8 ft. width.
~ Storm Sewer - Storm sewer will be installed as part of the road improvements. Some of the
storm water will be directed to the existing Lake Rebecca outlet pond. Farther upstream, storm
water will be discharged into small settlement basins and be allowed to infiltrate over the
natural area between the new road alignment and the trail extension.
~ Trail Lighting - Xcel Energy will install decorative lights along the new trail.
IMPROVEMENTS (CONT.)
~ Utility Service - A sanitary sewer force main and a water main will be extended from 2nd St.
down to the site ofthe proposed interpretive center. Sewer service for the proposed
interpretive center will require a pump station to be constructed inside the building.
~ Building Demolition and Fence Removal - The existing Lake Rebecca bath house and
restroom will be demolished under this project. The existing barb wire topped chain link fence
surrounding the Koch property will be removed.
~ Dredge Disposal Site - All of the existing dredge spoil on the Koch tank farm property near
the Lock and Dam property line will be used either in the road construction or for grading
around the proposed interpretive center. The Corps of Engineers wants to continue with a
permanent leased site in this area. Approximately four acres ofthe tank farm site has been
designated for this use in the Riverfront Improvements concept plan. A gravel access road will
be constructed to connect the site to the new Lock and Dam Access Road. The dredge material
is good granular material and future dredge spoils will be made available to anyone for use as
clean fill on a first come/first served basis. The Corps of Engineers anticipates dredging
activities to occur about every four to five years. The Street Department will also use this site
for snow storage. Currently, snow hauled from the Downtown area is deposited on the public
access parking lot.
II. FUNDING
Enclosed with this report is a draft Feasibility Report funding summary and assessment
analysis. The total project cost is estimated at $1.4 million. This cost includes construction costs
of about $1.04 million, contigencies, engineering, legal, and bonding costs. The Corps of
Engineers has agreed to fund Y2 of the cost of rebuilding the access road along the existing
alignment. The Corps does not want to pay for extra costs involved in constructing a longer road
along the proposed new alignment. Their estimated share ofthe road improvements is $365,000.
The City has also received a LCMR grant in the amount of$155,000, and Koch Refining has
donated all but the northwest 300 ft. of their tank farm property to the City.
Approximately $900,000 of the remaining project costs would be assessed against the
City's Lake Rebecca property and donated Koch Refining tank farm, boat landing, and Jaycee
property, or included as City participation for reconstructing the center 24 ft. of the existing
access road as called for in the City's assessment policy. In addition to street and storm sewer
assessments, the City would assess itself for the sanitary sewer and water extensions installed to
service a proposed interpretive center, building demolition and fence removal, and the remaining
balance of the trail improvements not covered by the LCMR grant.
III. OTHER ASSESSMENTS
In addition to assessing City property, approximately $10,000 is proposed to be assessed
against three other property owners for the Lock and Dam access road improvements. Hudson
Manufacturing and the Effinger and Reuter properties west of Hudson Manufacturing all abut the
Lock and Dam access road ( see enclosed drawing). The Effinger and Reuter properties would
be assessed approximately $1,500 each for the street and storm sewer improvements, while the
Hudson Manufacturing would be assessed approximately $3,100. In. addition, $4,000 of sanitary
OTHER ASSESSMENTS (CONT.)
sewer and water service assessments would be recommended to be deferred against the Reuter
property until such time as the City's shoreland ordinance is revised to permit splitting this
property to make an additional buildable site.
IV. IMPROVEMENT SCHEDULE
The LCMR grant stipulates that construction ofthe trail must be completed by June 30,
2001. The proposed schedule will prioritize the trail construction, with specifications calling for
a June 1,2001 completion date. A temporary access road will be constructed to provide access
to the Lock and Dam. The following is the proposed project schedule:
DATE ACTION
January 16, 2001 mformational Presentation to Council- project scope, cost and
benefitted properties, status of property transfer and Corps
agreement.
February 19,2001 Council Accepts Feasibility Report and Orders Public Hearing
March 5,2001 Public Hearing - Order hnprovements, Approve Plans,
Authorize Advertisement for Bids.
March 29, 2001 Open Bids, 10:00 AM
April 2, 2001 Award Bids
June 1,2001 Complete Trail hnprovements
October 1,2001 Complete Project hnprovements
V. STATUS OF KOCH PROPERTY TRANSFER
The warranty deed transferring the Koch Refining property to the City should be brought
before the City Council for approval early this spring. Dennis Coyne, an environmental attorney
the City's HRA has used in the past, was retained to review the draft warranty deed language,
negotiate revisions with Koch Refining, and advise the City on liability issues associated with the
soil and groundwater contamination on the Koch property.
As part ofthe proposed improvements, soil containing lead paint chips from tank
repainting operations will be encapsulated beneath the new roadway. Koch has also removed
petroleum contaminated soils from the tank farm property. The groundwater contamination is
attenuating, and Koch has received a letter of closure from the MPCA noting that no further
action is needed on the soil and groundwater petroleum contamination and that the existing
monitoring wells may be capped and sealed.
The City has received a general liability letter from the MPCA noting that Minnesota
State Statutes are interpreted by the MPCA such that "if a person comes into possession of
property after the tanks have been removed that person is not a 'responsible person' and cannot
be ordered to take corrective action... ". In. addition, the City has applied for and will be
receiving a "No Association" letter from the MPCA concerning the lead paint chips that will be
encapsulated beneath the roadway. Another "No Association" letter has been requested ofthe
MPCA for the petroleum contamination.
VI. STATUS OF CORPS OF ENGINEERS AGREEMENT
The Corps of Engineers is preparing an amendment to the 1962 access and maintenance
agreement between the Corps of Engineers, Koch Refining and the City governing the existing
access road. Under the terms of the amended agreement, the Corps of Engineers will pay Yz the
cost of reconstructing the existing road along it current alignment. The City will maintain the
new access road ( snow removal, patching, seal coating). The Corps will share in the cost of
future major improvements such as overlays or reconstruction.
In. order to cost share in the road construction, the Corps must perform and
Environmental Assessment, a process similar to an EA W. The Environmental Assessment has
recently been completed and will be distributed to local, state and federal agencies for comment.
A public notice will also be published. The comment period runs for 60 days.
VIII-A -2
MEMO
To:
From:
Subject:
Date:
Honorable Mayor and City Council Members
Tom Montgomery
Enhancements to the Lock & Dam Access Road and Riverfront Trail Improvements
March 1,2001
In. addition to the basic roadway and trail improvements, landscaping and streetscape
features are proposed to enhance the road and trail improvements. Bruce Chamberlain with the
Hoisington Koegler Group, will be attending the Council meeting to presentan overview of the
proposed enhancements to the Council. Reduced copies ofthe enhancement plan are included in
the packet, along with sketches of different perspectives of the proposed enhancements to the
road and trail improvements.
PROPOSED ENHANCEMENTS
1. Decorative Street Lighting - $25,000 - $30,000
One ofthe enhancements proposed is decorative street lighting for the trail and
roadway, from 2nd Street down to the future interpretive center. A detail ofthe
proposed poles in included in the packet. If approved, these poles would be
installed by Xcel Energy.
2. Landscaping & Streetscape - $58,000
These proposed enhancements include boulevard trees, daylily plantings between
the new trail connecting to 2nd Street and the retaining wall, prairie seeding along
the roadway near the proposed interpretive center, concrete walk scored to create
panels in the four foot boulevard between the trail and the curb, decorative
fencing along the retaining wall along the downhill curve, and bollards placed
strategically in the four foot boulevard between the trail and the curb primarily
along the large downhill curve currently protected by a guardrail. A detail of the
walk and fence are enclosed. The style and cost ofthe decorative fence falls
somewhere between the decorative steel CR #42 fence and a vinyl coated chain
link fence.
3. 2nd Street Gateway - $9,200
The 2nd Street Gateway is a framing of the entrance to the Lock & Dam Access
Road created by decorative corner fencing, tree plantings, and perennial flower
beds. Space is set aside for a future sculpture that could be installed in
conjunction with the proposed interpretive center. The decorative fencing at the
entrance would match the CR #42 decorative steel fence.
4. Overlook - $20,000
An angled overlook would be incorporated into the road and trail improvement
retaining wall, providing a viewing area off the new trail midway down the large
downhill curve. The overlook would include a scored concrete surface to make it
look like paneled concrete walk, and an arbor (a shading/shelter structure) would
also be installed. The perspective sketches show a number of different views of
the proposed overlook.
SUMMARY AND RECOMMENDATIONS
The total cost of the proposed enhancements is estimated at approximately $115,000.
Staff is recommending adding these enhancements as City funded improvements to the Lock &
Dam Access Road and Riverfront Trail hnprovement Project.
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Lock and Dam Road Improvements (Enhancements)
City of Hastings
Schematic Cost Estimate
Prepared by Hoisington Koegler Group Inc.
. , .. .
Description (by enhancement feature) Qty. Unit Unit Price Totals.
Streetscape
Concrete boulevard paving 572 SF $6.00 $3,432.00
Bollards 18 EA $800.00 $14,400.00
Safety fence 310 LF $30.00 $9,300.00
Street lights wi banner arm 6 EA $2,200.00 $13,200.00
Electrical feed 1 LS $10,000.00 $10,000.00
Banners 6 EA $400.00 (future)
Northern Treasure Ash (1.5" cal.) 62 EA $200.00 $12,400.00
Autumn Spire Red Maple (1.75" cal.) 15 EA $350.00 $5,250.00
Prairie seeding 53000 SF $0.10 $5,300.00
perenniels, Daylily 190 EA $12.00 $2,280.00
Subtotal $75,562.00
2nd Street Gateway .
Ornamental fence 50 LF $60.00 $3,000.00
Cast limestone piers (at fence comers) 2 EA $2,000.00 $4,000.00
Perennials, Daylily 52 EA $12.00 $624.00
Perennials, little bluestem 13 EA $12.00 $156.00
Perennials, purple coneflower 13 EA $12.00 $156.00
Perennials, fountain grass 34 EA $12.00 $408.00
Commissioned Sculpture 1 EA $30,000.00 (future)
Subtotal $8,344.00
Overlook
Overlook Arbor 1 LS $16,000.00 $16,000.00
Concrete pedestal 34 LF $60.00 $2,040.00
Interpretive sign 1 LS $5,000.00 (future)
Subtotal $18,040.00
Ph. I Construction Est/mate $101,946.00
10% Contingency $10,194.60
Suggested Construction Budget $112,140.60
MlhastlngsI00-93Idocumentslschem_est.x1s
VIII-C -1
HASTINGS
POLICE
DEPARTMENT
MEMO
FROM:
DATE:
SUBJECT:
Mayor Mike Werner
City Administrator Dave Osberg
& Hastings City Council Members
Chief Mike McMenomy ll. M
02/28/01 , I
2001 Rivertown Days Location
TO:
This memo is being written to provide Police Department input in regard to the site location
for the 2001 Rivertown Days celebration.
As you are aware, the carnival, lumberjack, exhibit booths and the music festival can't be
held this year at Jaycee and Rebecca Parks due to the Lock & Dam Road construction this
summer. I am a member of the Rivertown Days Committee and we have discussed
various site locations within the city to relocate this part of the Rivertown Days celebration.
The 2nd Street downtown area was discussed, as was the Kennedy School area and East
3rd Street from Highway 61 to Tyler Street. The committee has selected the 3rd Street site
as their recommended site to hold these Rivertown Days festivities.
I will document that the supervisory staff of our department and I have some safety
concerns with this site selection, compared to having all of the festivities moved to the
downtown area.
We at the department feel that there would be public safety traffic concerns by having 3rd
Street as a site for the following reasons. Northbound traffic coming off of Highway 61
would get bottlenecked in that area by immediately turning off of Highway 61, then having
the road closed, they would have to automatically turn left down the Bridge Approach. The
downtown area is better situated for the high volume of foot traffic or pedestrian traffic that
Rivertown Days brings, as it is more centrally located, is a wider street and it provides
easier access and accessibility for foot traffic.
I propose that 2nd Street could be shut down from the northbound Bridge Approach from
RJ's Tavern to the Mississippi Belle side of the street, all the way down to Bailey Street.
Vendors and exhibit booths could be set in the 100 and 200 blocks of Sibley, Ramsey and
Tyler Streets, keeping 2nd Street open for the parade route. The parade route does also
turn south onto Ramsey Street. The 300 block of East 2nd Street would be open, to also
Page 2
put exhibit booths and the lumberjack show or bike exhibit right in the 300 block of East 2nd
Street. Vehicle traffic could be routed to gain access to 2nd Street by keeping the north and
south alleyways in the 100 and 200 blocks of the side streets, which would allow deliveries
or pickups to be made to businesses both on the north and south sides of 2nd Street, and
allow traffic flow for customers or people driving by the area. Also, by shutting down 2nd
Street to vehicle traffic would eliminate parked vehicles, which is always a safety concern
with both pedestrian and vehicle traffic in this area of 2nd street during Rivertown Days.
Roadways can be barricaded and, closed off more easily in the downtown area as it is
secluded and not part of the Highway 61 traffic coming into and leaving our city.
I do recognize that there may be a problem with the electricity connections, and that some
of the downtown merchants may be opposed to closing down the 2nd Street access, but as
mentioned earlier, having the alleyways open would still allow people access to the
businesses.
I will conclude by stating that the police department will work with and provide our best
possible service for whatever location is selected, but our department will go on record as
stating that the downtown 2nd Street area is more representative of historic Hastings
rivertown heritage and, in our opinion, provides a more feasible, centrally located, safer
environment for the citizens and guests visiting our city to enjoy this3-day festival.
HASTINGS AREA CHAMBER OF COMMERCE
& TOURISM BUREAU
.....
....
~
on the Mississippi
-
Date:
To:
From:
Re:
February 28,2001
Mayor Mike Werner and Hastings City Council Members
Michelle Jacobs, President
Rivertown Days 2001 Event Locations
The Hastings Area Chamber of Commerce would like to commend the City of Hastings staff for notifying us early of
the challenges and opportunities the Rivertown Days Committee would be facing in 2001. We understand that Jaycee
and Lake Rebecca Parks will not be available for use during the Rivertown Days celebration scheduled for July 20 - 22,
2001.
Since the music festival, carnival, lumberjack shows, bike shows and food and exhibit booths are normally in this area,
the Rivertown Days Committee has met to discuss other possible sites for these events. Consideration was given to
visibility, traffic, parking, and public safety. The consensus of the committee was to keep those events previously held
in Jaycee and Lake Rebecca Parks on the east side of Highway 61 in the downtown area. While it would be ideal if
Levee Park and the adjoining parking lots and arterial streets north of Second Street could host these events and booths,
we believe the area may be too small. There is also no electricity available for vendors in the Levee Park area.
For these reasons, the committee looked at other alternatives. Those options were to close off Second or Third Street.
Concern was expressed that closing Second Street would not be well received by the downtown merchants due to
interruption of commercial traffic and the Saturday Sidewalk Sale. While there is electric hook up in the light poles,
food vendors could not be set up along Second Street because it would interfere with the Parade Route.
For those reasons, Third Street was selected as the alternate site. Reasons behind selecting Third Street are:
The City's Courtyard would make a great area for the music stage.
Vendors could set up on the streets alongside the sidewalks and could use the power outlets located on the
streetlights, which would limit the number of noisy generators used.
The Chamber office could serve as an "information booth" so no additional tent would be needed.
The Police Station is centrally located so no police trailer would be needed.
The activities would be in the downtown area without interfering with the downtown merchants Sidewalk Sale and
Sunday's Parade route.
Closing Third Street leaves Second and Fourth Streets open for heavier traffic.
At the February 20,2001 Chamber Board meeting, the Hastings Area Chamber of Commerce's Board of Directors
agreed with the Rivertown Days Committee's idea to close Third Street from the Frontage Road through Bailey Street.
The food booths and events would be placed along that corridor should the Levee Park area be inadequate to host all the
booths and events. The camival would be located in the gravel parking area near the train depot.
I have spoken with John Grossman regarding the use of the HRA property. I have also contacted Dave Dotson to
discuss any concerns he might have from an insurance standpoint. He did not see any issues. John Grossman
suggested we meet with representatives from CP Rail to discuss concerns they may have, which we will be doing in
March.
The Chamber will still be submitting to the City Council a formal Rivertown Days agreement between the Chamber and
the City in July. What we are seeking is approval to close Third Street should Levee Park area be inadequate to
accommodate our events and vendors.
111 EastThird Street. Hastings, MN 55033-1211 . Phone Toll Free (888) 612-6122 . (651) 437-6775 . Fax (651) 437-2697
* printed on recycled paper
VIII-C-2
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Councilmembers
Dave Osberg, City Administrator
March 1, 2001
Waste Management Solid Waste Collection
RECOMMENDED CITY COUNCIL ACTION
Staff would recommend that the City Council take the following action, as requested by
Waste Management:
1.) Allow residential customers to dispose of Sony products at no charge at the yard
waste drop off site in Hastings during regular hours of operation; and non-Sony
products for a fee.
2.) Allow Waste Management to market additional carts to residents when their
volume continually exceeds their service level.
BACKGROUND
Attached to this memorandum is a letter recently received from Waste Management,
outlining their request to add electronic products to those which will be received at the
yard waste drop off site, and to market additional carts for those residents who exceed
their service level. The electronic disposal option is one that should be a welcomed
service to the residents of Hastings. The additional cart option would allow for additional
flexibility for the residents. A customer may welcome the opportunity to acquire an
additional cart, and use for those weeks/months in which they exceed the service level.
Furthermore, a customer could acquire the cart and use when they have the additional
solid waste that is in need of disposal, and not need to call Waste Management; they will
have paid for the cart, and they use it when needed.
WDl;:.tY-t,
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WASTE MANAGEMENT
February 26, 2001
2800 Millard Ave.
P.O. Box 187
Hasrings, MN 55033-0187
(651) 437-9201
(800) 247-1012
(651) 437-9661 Fax
Dave Osberg, City Administrator
City of Hastings
101 4th Street East
Hastings, MN 55033
Dear Dave,
Waste Management has two items that we would like opinions from you and/or the City
Council.
I have enclosed a recent press release announcing Waste Management's partnership with
Sony Electronics, Inc. This program allows residential customers to dispose of any Sony
electronic product at no charge. The locations for disposal are not close to Hastings, so
Waste Management is proposing to accept Sony products at the yard waste site during the
regular hours of operation. We would also accept other non-Sony electronic products for a
fee.
The other item that Waste Management is seeking approval on would be to market
additional carts to residents when their volume continually exceeds their service level. If a
resident exceeds their weekly subscribed volume, they are either required to buy a sticker for
each 32 gallon can or bag for $1.75 each or Waste Management bills the resident for the
extra material if no sticker is on the material being discarded.
With the use of our automated collection truck, it is imperative that our operator remains in
the vehicle as much as possible. By marketing a second cart to residents who exceed their
volume, Waste Management can keep our operator in the truck. The cost for an additional
cart would be $5.00 per month. If a resident generates more than two bags above their
service level each month, they would save money by opting for a second cart.
Thank you in advance for your time on these two issues.
Sincerely,
~~-r~
Randy Triplett
District Manager
Enclosure (1)
cc: Jim Weinzettel, Site Manager
Recy
__..",m
1lIrwraw",.' ..
WASTE MANAGEMENT
Introduction
On October 18, 2000 Waste Management, In.c and Sony Electronics, In.c announced a five-year
agreement for the recycling of all Sony electronic products collected through municipal and
county sponsored electronic scrap ("e-scrap") collection programs or events. The State of
Minnesota was selected as the first state for introduction of this innovative recycling effort.
This program targets Sony electronic products discarded by residents, not commercial
businesses.
In. addition to the program with Sony, Waste Mnagement is actively pursuing partnerships with
other major manufacturers of consumer electronic products as well as state and local
governments to set up electronic scrap ("e-scrap") collection and recycling programs in cities
and counties across the United States.
Just two years ago, approximately 20 million personal computers became obsolete, yet only
small portion of those computers were recycled. With the average life span of a computer rapidly
decreasing to two years or less, the estimated stockpile of this equipment is expected to reach
half a billion units by the year 2007.
Targeted Materials
The "Sony Only" program will target for recycling all Sony electronic products,
including: any household electronic product, part, component and accessory that has the
Sony brand name on it, including televisions, computers and computer monitors, audio/video
equipment, telephones, game consoles and software, etc. Please see the Sony website
(www.sony.com) for a more detailed description of Sony products. These products must be
from residential sources only.
Program Details
Waste Management, through its Recycle America subsidiary Asset Recovery Group (ARG),
will accept free of charge all Sony electronic products delivered to ARG's In.ver Grove Heights
processing facility near St. Paul, Minnesota. Residents can not bring Sony products directly to
this site. However, the following Waste Management of Minnesota facilities will accept
Sony electronic products free of charge from residential customers during regular business
hours every Saturday:
Bmnsville Landfill
2650 W. Cliff Road
Bmnsville, MN 55337
952-890-3248
Elk River Landfill
22460 Hwy 169 Northwest
Elk River, MN 55330
763-441-2464
uwr Transfer
800 Westminister
81. Paul, MN 55101
651-774-1311
Please contact the facility for hours of operation since hours vary seasonally.
Key features of the "Sony only program are as follows:
Sony electronic products will only be accepted from residential sources.
Sony is paying for the processing costs (at the ARG processing facility) for
their products only.
Municipalities and counties are responsible for covering the costs for
collection and delivery of Sony electronic products to the ARG facility.
Sony electronic products will only be accepted source separated (Le., separate
from other e-scrap items and uther non-Sony brands) at the ARG processing
facility from private or public entities servicing a municipal or county
sponsored collection program or event.
Delivery of products must be prearranged with ARG by calling
651-451-1145.
Individual loads or items from consumers will not be accepted.
ARG will accept other e-scrap streams (computers, monitors, etc.) on a
processing fee basis as applicable.
Waste Management of Minnesota offers a wide variety of fee for service collection options for
Sony electronic products and other e-scrap streams. Municipalities interested in working with
Waste Management to set-up your e-scrap collection programs are encouraged to contact Andy
Carr - Region Sales Manager for Waste Management of Minnesota at 952-882-2348 or
acarr@wm.com.
Please contact Joe Aho at 651-451-1145 or jaD.o@wm.com if you are interested in learning
more about programs and services offered by Waste Management Asset Recovery.
Questions regarding the "Sony only" program can also be directed to either Andy Carr or
Joe Aho. '
Company Facts
Waste Management, through its Recycle America subsidiary Asset Recovery Group (ARG),
has taken a leadership role in end-of-life materials<management. Waste Management is the first
national solid waste and recycling company to focus on the recovery of electronic scrap.
ARG operates seven e-scrap recycling facilities across the U.S. - Union City, CA; Phoenix,
AZ; Salt Lake City, Utah; Houston, Texas; Minneapolis/St. Paul, MN; Winston/Salem, NC;
and Pittsburgh, P A. In all, ARG collects, sorts and recycles more than 60 million pounds
of e-scrap per year.
Waste Management of Minnesota employee'6<over 1000 people that operate recycling,
collection, and disposal facilities at many various locations throughout the state.
VW:.C.a-
HASTINGS
POLICE
DEPARTMENT
MEMO
FROM:
DATE:
SUBJECT:
Mayor Mike Werner
City Administrator Dave Osberg
& Hastings City Council Members
Chief Mike McMenomy 1"1 ~
02/28/01 / I I' f
Old Mill Pawn Shop
TO:
Attached to this memo please find a copy of a report and memo I have received from Sgt.
Val Scharfe in regard to information and violations of our city ordinance by the Old Mill
Pawn Shop.
Sgt. Scharfe was assigned to be the coordinator for managing pawn shop reports that our
department receives, and also working with the ownership of Old Mill Pawn to obtain
compliance with our city ordinance. As Sgt. Scharfe's memo to me indicates, there has
been a continuing and ongoing problem with Old Mill Pawn noncompliance with the city
ordinance throughout the year 2000. Our department also has had violations in previous
years by Old Mill Pawn. Our department has tried to obtain a cooperative effort with Old
Mill Pawn, notifying them of violations and trying to work with them to achieve compliance
with the city's ordinance. As Sgt. Scharfe's report indicates, there has been a continual
history of non-compliance with the ordinance.
It may be time for Council to consider taking action against the Old Mill Pawn business.
Sgt. Scharfe and I will both be at the Monday night City Council meeting. If there are any
questions, hopefully we will be able to answer them.
Thank you.'
MCM/dj
HASTINGS
POLICE
DEPARTMENT
MEMO
TO:
FROM:
DATE:
SUBJECT:
Chief McMenomy
Sg1. Val Scharfe
02/28/01
Old Mill Pawn Shop
Enclosed with this memo you will find information regarding the Old Mill Pawn Shop and
their reporting activity for the past year. As reported to you earlier I am still having
problems with the pawnshop correcting their errors and reporting their transactions
correctly. Throughout the past year I have had many dealing with the pawnshop and
having been trying to assist them in reporting their transactions correctly.
Just a reminder of the process that is suppose to be followed, the pawnshop is suppose to
enter all their transactions into the computer at the time of each buy, sell or renewal of an
item. At the end of each business day the transactions are then downloaded to the APS
system and the APS system will check for errors in the reporting. Each store is given a
specification manual that explains how to report items correctly and if there are any errors
found in the reported items, the APS will send a message back to the pawnshop indicating
what error was found in the transaction. All errors are to be corrected daily and re-sent the
following business day when they download the next day's transactions.
The Old Mill Pawn Shop has consistently failed to correct their erred transactions and at
this time there are numerous transactions that are not in the APS system due to errors. In
checking the Upload Error Summary, I do find items that were corrected and re-sent to
APS, which indicates that they have the knowledge and ability to correct these errors.
In May of this year I spoke to Rob and Juanita Bohn and told them that I was missing
transactions for May, 1st through the 9th; 13th, 20th and 22nd. I advised them that there were
also numerous errors in the system and all errors had to be fixed. They agreed to fix the
errors. I also spoke to Lucinda Silvis at the Automated Pawn System. She advised that all
the technical problems that they had been having since starting with the APS had been
fixed. I also advised the Bohns' of this and that any further problems would be problems.
that they would need to fix on their end.
Also, when I spoke to Rob and Juanita I gave them the number for Sam Rockney, the
owner or manager of Excel Pawn in Shakopee. I advised them that I had obtained the
number from Lucinda Silvis and that he also ran a Pawn Power program in a store similar
1
to theirs and he could assist them in clearing up their errors or with any technical
questions. I also strongly encouraged them to contact Pawn Power and speak with them
concerning their error log, as they advised that they were having problems with the guns
and the jewelry being entered into the system. I did speak with them a few times over the
summer concerning their errors at which time they stated they were attempting to fix their
errors and send them.
On 02/27/011 ran several reports, which are included with this memo. The first report I ran
was the APS Uncorrected Error Count Report. The Old Mill Pawn Shop currently has 728
transactions that are still in this system as errors. When a transaction is erred upon
sending it, the transaction goes to our computer at the Hastings Police Department but is
not accessible by the general users of the APS system, which defeats the purpose of the
system. All items that are erred are unable to be checked by other departments along with
the name and address and other pertinent information given by the person completing the
transaction. Also in transactions that are erred, the Old Mill Pawn Shop is not billed for
them because they are not entered into the general system. That is why I bill the Old Mill
Pawn Shop three months at a time, so they have the time to go back and correct their
errors so the billing can be done correctly. The more transactions that are erred, the less
the pawnshop has to pay for the monthly fee.
I also ran a Error Summary Report, which breaks down the transactions and separates
them by the reason for the error. In reviewing this report you can see that many of the
errors are usually correctable, such as zip code, state, eye color, height, etc. When the
Old Mill Pawn Shop receives these error messages the following day atter downloading
them, they only need to go in, correct them and re-send them the following day.
It should also be noted the amount of errors that are found in the gun category and jewelry
category. I am extremely concerned with the gun transactions, as these transactions are
not downloaded into the general system. so there is the possibility that these guns maybe
stolen and the other police departments on the APS are not able to access these records.
I have spoke to Bob Bohn concerning the errors in the gun and jewelry field and he stated
that the problem was due to the Pawn Power program. I again advised him to contact
Pawn Power if that was the problem and get the situation corrected immediately.
On 02/12/01 I sent a letter, along with the bill for September 1st through December 31St,
2000 to the Old Mill Pawn Shop. A copy of that letter is also attached with this memo. The
letter does advise them that the error count is not acceptable and that I would be
presenting this information to the Hastings City Council for review for suspension of their
license. Since 02/12/01 we still have numerous errors that have not been corrected.
On 02/27/01 I contacted Sam Rockney, the owner of the Excel Pawnshop, who runs the
same Pawn Power program as the Old Mill Pawn Shop. I asked him if he could send me a
copy of his error log to compare with the Old Mill Pawn Shop. At that time he stated that
he corrects his errors daily and he has no outstanding errors in the error log system. I
asked him if Old Mill Pawn Shop had contact him concerning their errors. He stated that
several months ago they had contacted him by phone, he spoke with them once and they
have not contacted him since. I questioned him concerning the length of time it takes to fix
2
the errors. He stated that when they receive a error log on a transaction, they correct it
and it only takes a few seconds and they then download it at the end of the next business
day. I asked him if he had any problems with the gun entries or the jewelry entries. At that
time he stated that he does not have any outstanding errors in those fields but that he does
not accept guns at his store.
Also enclosed with this memo is the Hastings Police Department Fact File on the Old Mill
Pawn Shop. You can see by the contacts we have had with them that we have had
numerous incidents concerning possession or receiving stolen property. Although the fact
sheet does not indicate that the pawnshop was responsible for the stolen property, it does
indicate that it is of a large concern that items are reported properly so they can be
checked by other departments in the metro area to see if they match stolen property listed,
as it is a possibility that the pawnshop does have stolen property in their possession.
At this time the Old Mill Pawn Shop is not complying with the terms of the ordinance and I
do feel that the Old Mill Pawn Shop is not cooperating in attempting to fix the situation. I
do request that this information be presented in front of the City Council in an effort to
suspend their pawnshop license until they can be in compliance with the ordinance.
3
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;ystem Date:
;ysteJll Time:
02/27/2001
2:30:26 PM
Jurisdiction:
itore:
l>>oint-of-Sale Software:
Field Name
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
BrandName
From: 02101/2000 To: 02127/2001
Page No:
1
Hastings Police Department
Old Mill Pawn
Pawn Power by Power Software
Error Message
This is a required field
This is a required field
This is a required field
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Error Count
1
17
27
I
1
4
2
1
2
2
1
1
2
1
2
I
1
6
27
1
I
I
I
1
IDS
Upload Date
OS/24/2000
08115/2000
08121/2000
05/17/2000
05/1812000
OS/24/2000
06/01/2000
06/03/2000
06/13/2000
06/26/2000
06/30/2000
07/07/2000
07/10/2000
07/20/2000
07/24/2000
08105/2000
08111/2000
08/15/2000
08121/2000
08/24/2000
09/1812000
10/0212000
10/07/2000
10/14/2000
Field Name Upload Date
BusinessPhone OS/24/2000
BusinessPhone 06/28/2000
Field Name Upload Date
CurrentState 07/28/2000
Field Name Upload Date
CurrentZip OS/24/2000
CurrentZip 06/21/2000
CurrentZip 08111/2000
CurrentZip 08115/2000
CurrentZip .08121/2000
CurrentZip 09/09/2000
CurrentZip 10/07/2000
CurrentZip 10/20/2000
CurrentZip 02126/2001
Field Name Upload Date
EyeColor OS/24/2000
EyeColor 08115/2000
EyeColor 08121/2000
Error Message
Invalid phone number. Area Code can not be zero.
Invalid phone number. Area Code can not be zero.
Error Count
1
1
:%
Error Message
This is a required field
Error Count
1
1
Error Message
Invalid zip code. Must be in the format "#####" or "##11##-####".
Invalid zip code. Must be in the format "##11##" or "###1#1 1###1".
Invalid zip code. Must be in the format "##11##" or "tI#II#It ::::::11".
Invalid zip code. Must be in the format "##11##" or "Ii!: 1111;; f#HIiI".
Invalid zip code. Must be in the format "##11##" or "f.',',','::,'I.' :,'f,'l,',','".
Invalid zip code. Must be in the format "##11##" or "tI#II#It :11:::::".
Invalid zip code. Must be in the format "##11##" or "tI#II#It 11::1: I:".
Invalid zip code. Must be in the format "##11##" or "tI#II#It :1:::: ::".
Invalid zip code. Must be in the format "##11##" or "{:II::II:I ::1:::::".
Error Count
2
1
1
1
3
1
1
3
2
IS
Error Message
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Error Count
2
7
19
System Date: 02/27/2001 Page No: 2
System Time: 2:30:26 PM From: 02/01/2000 To: 02/27/2001
28
Field Name Upload Date Error Message Error Count
GunAction 05/17/2000 Field cannot contain information because the Category is not "GUN". 2
GunAction OS/24/2000 Field caIinot contain information because the Category is not "GUN". 2
GunAction 06/01/2000 Field cannot contain information because the Category is not "GUN". I
GunAction 06/26/2000 Field cannot contain information because the Category is not "GUN". 3
GunAction 07/10/2000 Field cannot contain information because the Category is not "GUN". 2
GunAction 07/24/2000 Field cannot contain information because the Category is not "GUN". 3
GunAction 08/21/2000 Field cannot contain information because the Category is not "GUN". 19
GunAction 05/17/2000 Required field when the Category is "GUN". 1
GunAction OS/24/2000 Required field when the Category is "GUN". 1
GunActiOIl 08/15/2000 Required field when the Category is "GUN". 1
GunAction 01/10/2001 Required field when the Category is "GUN". 1
36
Field Name Upload Date Error Message Error Count
GunBarrel 05/17/2000 Field cannot contain information because the Category is not "GUN". 2
GunBarrel OS/24/2000 Field cannot contain information because the Category is not "GUN". 2
,....nBarrel 06/01/2000 Field cannot contain information because the Category is not "GUN". 1
..nBarrel 06/26/2000 Field cannot contain information because the Category is not "GUN". 3
GunBarrel 07/10/2000 Field cannot contain information because the Category is not "GUN". 2
GunBarrel 07/24/2000 Field cannot contain information because the Category is not "GUN". 3
GunBarrel 08/21/2000 Field cannot contain information because the Category is not "GUN". 19
GunBarrel OS/24/2000 Required field when the Category is "GUN". 1
GunBarrel 08/15/2000 Required field when the Category is "GUN". I
GunBarrel 11/22/2000 Required field when the Category is "GUN". I
GunBarrel 01110/2001 Required field when the Category is "GUN". 1
36
Field Name Upload Date Error Message Error Count
GunCaliber 05/17/2000 Field cannot contain information because the Category is not "GUN". 2
GunCaliber OS/24/2000 Field cannot contain infonnation because the Category is not "GUN". 1
GunCaliber 06/01/2000 Field cannot contain information because the Category is not "GUN", I
GunCaliber 06/26/2000 Field cannot contain information because the Category is not "GUN", 3
n'mCaliber 07/10/2000 Field cannot contain information because the Category is not "GUN". 1
llCaliber 07/24/2000 Field cannot contain information because the Category is not "GUN". 3
GunCaliber 08/21/2000 Field cannot contain information because the Category is not "GUN". 16
GunCah"ber OS/24/2000 Required field when the Category is "GUN". I
GunCah"ber 08/15/2000 Required field when the Category is "GUN". I
GunCaliber 01/10/2001 Required field when the Category is "GUN". 1
GunCaliber 07/05/2000 Value not found in validation table. 1
GunCaliber 08/05/2000 Value not found in validation table. I
GunCaliber 08/15/2000 Value not found in validation table. I
GunCaliber 08/21/2000 Value not found in validation table. 7
GunCah"ber 08/24/2000 Value not found in validation table. 3
GunCaliber 09/05/2000 Value not found in validation table. 2
GunCaliber 10/07/2000 Value not found in validation table. 1
GunCah"ber 11/18/2000 Value not found in validation table. 1
GunCah"ber 12/12/2000 Value not found in validation table. 1
GunCaliber 12/23/2000 Value not found in validation table. I
GunCah"ber 01110/2001 Value not found in validation table. I
GunCah"ber 0i/23/2001 Value not found in validation table. I
GunCah"ber 01/27/2001 Value not found in validation table. 1
GunCahber 02/09/200 1 Value not found in validation table. I
53
System D!lte: 02127/2001 Page No: 3
System Time: 2:30:26 PM From: 02101/2000 To: 02127/200 1
Field Name Upload Date Error Message Error Count
GunFinish 05/17/2000 Field cannot contain infonnation because the Category is not "GUN". 2
GunFinish OS/24/2000 Field cannot contain infonnation because the Category is not "GUN". 2
GunFinish 06/01/2000 Field cannot contain infonnation because the Category is not "GUN". I
GunFinish 06/26/2000 Field cannot contain infonnation because the Category is not "GUN". 3
GunFinish 07/10/2000 Field cannot contain infonnation because the Category is not "GUN". 2
GunFinish 07/24/2000 Field cannot contain infonnation because the Category is not "GUN". 3
GunFinish 08121/2000 Field cannot contain infonnation because the Category is not "GUN". 19
GunFinish OS/24/2000 Required field when the Category is "GUN". I
GunFinish 08/15/2000 Required field when the Category is "GUN". I
GunFinish 01/10/2001 Required field when the Category is "GUN". I
35
Field Name Upload Date Error Message Error Count
HairColor OS/24/2000 Value not founcHn validation table. 2
HairColor 08/15/2000 Value not found in validation table. 9
. HairColor 08121/2000 Value noffoundin validation table. 19
30
Field Name Upload D.ate Error Message Error Count
Height 05/17/2000 Invalid value. Height must be in the fonnat "###". I
Height 05/18/2000 Invalid value. Height must be in the fonnat "###". I
Height 05/19/2000 Invalid value. Height must be in the fonnat "###". 1
Height OS/24/2000 Invalid value. Height must be in the fonnat "###". 1
Height 06/28/2000 Invalid value. Height must be in the fonnat "###". 5
Height 08/01/2000 Invalid value. Height must be in the fonnat "###". I
Height 08/21/2000 Invalid value. Height must be in the fonnat "###". 1
Height 08/24/2000 Invalid value. Height must be in the fonnat "###". I
Height 08/30/2000 Invalid value. Height must be in the fonnat "###". I
Height 01/1212001 Invalid value. Height must be in the fonnat "###". I
Height 05/1212000 This is a required field 1
Height 05/19/2000 This is a required field 1
Height 06/01/2000 This is a required field 1
Height 06/0212000 This is a required field 1
Height 06/26/2000 This is a required field I
Height 07/06/2000 This is a required field 1
Height 07/14/2000 This is a required field 2
Height 07/20/2000 This is a required field 1
Height 08121/2000 This is a required field I
Height 09/1812000 This is a required field 1
25
Field Name Upload Date Error Message Error Count
HomePhone 05/1212000 Invalid phone number. Area Code can not be zero. 5
HomePhone 05/17/2000 Invalid phone number. Area Code can not be zero. 12
HomePhone 05/1812000 Invalid phone number. Area Code can not be zero. 10
HomePhone 05/19/2000 Invalid phone number. Area Code can not be zero. 2
HomePhone OS/24/2000 Invalid phone number. Area Code can not be zero. 27
HomePhone OS/2612000 Invalid phone number. Area Code can not be zero. 4
HomePhone 06101/2000 Invalid phone number. Area Code can not be zero. 3
HomePhone 06/03/2000 Invalid phone number. Area Code can not be zero. 2
HomePhone 06/13/2000 Invalid phone number. Area Code can not be zero. 5
HomePhone 06/15/2000 Invalid phone number. Area Code can not be zero. I
HomePhone 06/17/2000 Invalid phone number. Area Code can not be zero. 1
HomePhone 06/28/2000 Invalid phone number. Area Code can not be zero. 2
HomePhone 07/05/2000 Invalid phone number. Area Code can not be zero. 2
System Date: 02/27/2001 Page No: 4
System Time: 2:30:26 PM From: 02/01/2000 To: 02/27/2001
HomePhone 07/06/2000 Invalid phone number. Area Code can not be zero. I
HomePhone 07/19/2000 Invalid phone number. Area Code can not be zero. I
HomePhone 07/24/2000 Invalid phone number. Area Code can not be zero. 2
HomePhone 07/28/2000 Invalid phone number. Area Code can not be zero. 4
HomePhone 08/63/2000 Invalid phone number. Area Code can not be zero. 1
HomePhone 08/04/2000 Invalid phone number. Area Code can not be zero. 2
HomePhone 09/09/2000 Invalid phone number. Area Code can not be zero. I
HomePhone 10/20/2000 Invalid phone number. Area Code can not be zero. 1
HomePhone 11/18/2000 Invalid phone number. Area Code can not be zero. 1
HomePhone 12/12/2000 Invalid phone number. Area Code can not be zero. 3
93
Field Name Upload Date. Error Message Error Count
IDIssuingState 05/12/2000 Value not found in validation table. 9
IDIssuingState 05/17/2000 Value not found in validation table. 6
IDIssuingState 05/18/2000 Value not found in validation table. 7
IDIssuingState 05/19/2000 Value not found in validation table. 2
IDIssuingState OS/24/2000 Value not found in validation table. 29
IDIssuingState OS/26/2000 Value not found in validation table. 5
"'IssuingState 06/01/2000 Value not found in validation table. 4
IssuingState 06/03/2000 Value not found in validation table. 5
IDIssuingState 06/13/2060 Value not found in validation table. 4
IDIssuingState 06/14/2000 Value not found in validation table. 1
IDIssuingState 06/15/2000 Value not found in validation table. 2
IDIssuingState 06/21/2000 Value not found in validation table. 2
IDIssuingState 06/26/2000 Value not found in validation table. 1
IDIssuingState 06/28/2000 Value not found in validation table. 1
IDIssuingState 06/29/2000 . Value not found in validation table. 2
IDIssuingState 06/30/2000 Value not found in validation table. 1
IDIssuingState 07/05/2000 Value not found in validation table. 2
IDIssuingState 07/06/2000 Value not found in validation table. 1
IDIssuingState 07/07/2000 Value not found in validation table. I
IDIssuingState 07/08/2000 Value not found in validation table. I
IDIssuingState 07/14/2000 Value not found in validation table. I
IDIssuingState 07/20/2000 Value not found in validation table. I
TDIssuingState 07/24/2000 Value not found in validation table. 1
IssuingState 07/28/2000 Value not found in validation table. 4
IDIssuingState 08/03/2000 Value not found in validation table. 2
IDIssuingState 08/15/2000 Value not found in validation table. 8
IDIssuitigState 08/21/2000 Value not found in validation table. 23
IDIssuingState 09/02/2000 Value not found in validation table. 1
IDIssuingState 09/05/2000 Value not found in validation table. I
IDIssuingState 09/21/2000 Value not found in validation table. 1
IDIssuingState 10/14/2000 Value not found in validation table. 1
IDIssuingState 11118/2000 Value not found in validation table. 1
IDIssuingState 11/25/2000 Value not found in validation table. I
IDIssuingState 12/06/2000 Value not found in validation table. 2
IDIssuingState 12/23/2000 Value not found in validation table. 3
IDIssuingState 01/10/2001 Value not found in validation table. 1
IDIssuingState 01/12/2001 Value not found in validation table. 2
IDIssuingState 01/15/2001 Value not found in validation table. I
IDIssuingState 01/23/2001 Value not found in validation table. 1
142
Field Name Upload Date Error Message Error Count
IDNum 06/15/2000 The Drivers License ID must have 12 numbers in the format "X ffl ffl-###-##4# I
iDNum 07/20/2000 The DriversLicense ID must have 12 numbers in the format "X ffl ffl ###-##4# 1
System Date: 02127/2001
System Time: 2:30:26 PM
IONum 08/14/2000
IONum 08/21/2000
IONum 12106/2000
IONum 05/18/2000
IONum OS/24/2000
IONum 06/01/2000
IONum 06/03/2000
IONum 06/13/2000
IONum 06/14/2000
IONum 07/05/2000
IONum 07/11/2000
IONum 07/14/2000
IONum. 07/19/2000
IONum . 08/01/2000
IONum 08/15/2000
IONum 08/21/2000
IONum 10/17/2000
IONum 10/20/2000
IONum 01/10/2001
IONufu 02119/2001
IONum OS/24/2000
IONum 08/15/2000
IONum 08121/2000
Field Name Upload Date
ltemCategory OS/24/2000
ltemCategory 06/30/2000
ItemCategory 07/07/2000
ItemCategory 08/05/2000
ltemCategory 08/11/2000
ltemCategory 08/15/2000
ltemCategory 08/21/2000
ltemCategory 10/07/2000
ltemCategory 05/17/2000
ltemCategory OS/24/2000
ltemCategory 06101/2000
ltemCategory 06/26/2000
ItemCategory 07/10/2000
ItemCategory 07/24/2000
ItemCategory 08/15/2000
ItemCategory 08/21/2000
ItemCategory 09/18/2000
ltemCategory 12/0812000
Field Name Upload Date
ltemDescr 05/17/2000
ltemDescr OS/2412000
ItemDescr 06/0 InOOo
ItemDescr 06/26/2000
ItemDescr 07/07/2000
ItemDescr 07/10/2000
ItemDescr 07/24/2000
ltemDescr 08/05/2000
ItemDescr 08/11/2000
ItemDescr 08/15/2000
From: 02101/2000 To: 02127/2001
Page No: 5
The Drivers License 10 must have 12 numbers in the format "X ##If ##fI-###-### 2
The Drivers License 10 must have 12 numbers in the format "X-###-###-###-### 4
The Drivers License 10 must have 12 numbers in the format "X-###-###-###-### 1
The first letter in the Drivers License 10 must match the first letter of the last nam 2
The first letter in the Drivers License 10 must match the first letter of the last nam 2
The first letter in the Drivers License 10 must match the first letter of the last nam 3
The first letter in the Drivers License 10 must match the first letter of the last nam 1
The first letter in the Drivers License 10 must match the first letter of the last nam I
The first letter in the Drivers License 10 must match the first letter of the last nam 2
The first letter in the Drivers License 10 must match the first letter of the last nam I
The first letter in the Drivers License 10 must match the first letter of the last nam 2
The first letter in the Drivers License 10 must match the first letter of the last nam 1
The first letter in the Drivers License 10 must match the first letter of the last nam ,. I
The first letter in the Drivers License 10 must match the first letter of the last nam 1
The first letter in the Drivers License 10 must match the first letter of the last nam 3
The first letter in'the Drivers License 10 must match the first letter of the last nam 8
The first letter in the Drivers License 10 must match the first letter of the last nam 1
The first letter in the Drivers License 10 must match the first letter of the last nam 1
The first letter in the Drivers License 10 must match the first letter of the last nam I
The first letter in the Drivers License 10 muSt match the first letter of the last i1am 1
This is a required field 1
This6a~field 1
This is a required field 1
44
Error Message
This is a required field
This 6 a required field
This 6 a required field
This is a ~ field
This 6 a ~ field
This is a required field
This is a required field
This 6 a required field
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Value not found in validation table.
Error Count
2
1
I
1
1
17
36
I
2
5
1
3
3
3
15
52
1
1
146
Error Message
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Invalid item name code for the specified category.
Error Count
2
7
1
3
1
3
3
1
1
21
System Date: 02/27/2001 Page No: 6
Sys~em Time: 2:30:26 PM From: 02/01/2000 To: 02/27/2001
. ItemDescr 08/21/2000 Invalid item name code for the specified category. 65
ItemDescr 09/18/2000 Invalid item name code for the specified category. 1
ItemDescr 10/07/2000 Invalid item name code for the specified category. 1
ltemDescr 12/08/2000 Invalid item name code for the specified category. I
ItemDescr 06/30/2000 This is a required field I
ItemDescr 08/15/2000 This is a required field 11
ItemDescr 08/21/2000 This is a required field 23
146
Field Name Upload Date Error Message Error Count
lewelryKarats 05/1712000 Field cannot contain information because the Category is not "JEWELRY". 2
lewelryKarats OS/24/2000 Field cannot contain information because the Category is not "JEWELRY". I
lewelryKarats 07/14/2000 Field cannot contain information because the Category is not" JEWELRY". I
lewelryKarats 08/15/2000 Field canriot contain iriformation because the Category is not "JEWELRY". 2
lewelryKarats 08/21/2000 Fieldcann~t cont;tin information because the Category is not "JEWELRY". 4
10
I,.
Field Name Upload Date Error Message Error Count
JewelryMetal 05/1712000 Field cannot contain information because the Category is not "JEWELRY". 2
1"'''elryMetal OS/24/2000 . Field cannot contain information because the Category is not "JEWELRY". I
~lryMetal 07/14/2000 Field cannot contain information because the Category is not "JEWELRY". I
lewelryMetal 08/15/2000 Field cannot contain information because the Category is not "JEWELRY". 5
lewelryMetal 08/21/2000 Field cannot contain information because the Category is not "JEWELRY". 6
lewelryMetal 09/18/2000 Field cannot contain information because the Category is not "JEWELRY". I
lewelryMetal 05/12/2000 Required field when Category = "JEWELRY" 3
lewelryMetal 05/17/2000 Required field when Category = "JEWELRY" 2
JewelryMetal 05/18/2000 Required field when Category = "JEWELRY" 1
lewelryMetal 05/19/2000 Required field when Category = "JEWELRY" 2
JewelryMetal OS/24/2000 Required field when Category = "JEWELRY" 5
lewelryMetal OS/26/2000 Required field when Category = "JEWELRY" 1
lewelryMetal 06/13/2000 Required field when Category = "JEWELRY" 1
lewelryMetal 06/17/2000 Required field when Category = "JEWELRY" I
lewelryMetaJ 06/22/2000 Required field when Category = "JEWELRY" 1
lewelryMetal 06/24/2000 Required field when Category = "JEWELRY" I
lewelryMetal 07105/2000 Required field when Category = "JEWELRY" 1
lewelryMetal 07/08/2000 Required field when Category = "JEWELRY" 1
1 ryMetaJ 07/14/2000 Required field when Category = "JEWELRY" I
lewelryMetal 07/19/2000 Required field when Category = "JEWELRY" I
lewelryMetal 07/28/2000 Required field when Category = "JEWELRY" I
lewelryMetaJ 08/01/2000 Required field when Category = "JEWELRY" 2
lewelryMeta1 08/04/2000 Required field when Category = "JEWELRY" 2
lewelryMetal 08/07/2000 Required field when Category = "JEWELRY" 1
lewelryMetal 08/14/2000 Required field when Category = "JEWELRY" 3
lewelryMetaJ 08/15/2000 Required field when Category = "JEWELRY" 5
leweiryMetaJ 08/21/2000 Required field when Category = "JEWELRY" 31
lewelryMetal 09/02/2000 Required field when Category = "JEWELRY" 2
lewelryMetal 09/09/2000 Required field when Category = "JEWELRY" I
lewelryMeta1 09/27/2000 Required field when Category = "JEWELRY" 2
JewelryMetaJ 10/02/2000 Required field when Category = "JEWELRY" I
lewelryMetal 10/0712000 Required field when Category = "JEWELRY" I
lewelryMetal 10/14/2000 Required field when Category = "JEWELRY" 6
leweiryMetal 10/24/2000 Required field when Category = "JEWELRY" I
lewelryMetaJ 10/30/2000 Required field when Category = "JEWELRY" 1
lewelryMetaJ 11/04/2000 Required field when Category = "JEWELRY" 3
lewelryMetal 11/18/2000 Required field when Category = "JEWELRY" 4
lewelryMetal 11/21/2000 Required field when Category = "JEWELRY" I
lewelryMetaJ 11/25/2000 Required field when Category = "JEWELRY" 2
iystem DlIte: 02/27/2001 Page No: 7
iystem Time: 2:30:26 PM From: 02/01/2000 To: 02127/2001
JewelryMetal 11/29/2000 Required field when Category = "JEWELRY" I
JewelryMetal 11/30/2000 Required field when Category = "JEWELRY" 2
JewelryMetal 12/06/2000 Required field. when Category = "JEWELRY" 2
JewelryMeta1 12/08/2000 Required field when Category = "JEWELRY" 3
JewelryMetal 12/23/2000 Required 'field when Category = "JEWELRY" 1
JewelryMetal 01/10/2001 Required field when Category = "JEWELRY" 3
Jewelry Metal 01/12/2001 Required field when Category = "JEWELRY" 4
JewelryMetal 01/23/2001 Required field when Category = "JEWELRY" 2
JewelryMetal 01/25/2001 Required field when Category = "JEWELRY" I
JewelryMetal 01/27/2001 Required field when Category = "JEWELRY" 3
JewelryMetal 01/30/2001 Required field when Category = "JEWELRY" 2
JewelryMetal 02/021200 1 Required field when Category = "JEWELRY" 7
Jewelry Metal 02/06/2001 Required field when Category = "JEWELRY" 2
JewelryMetal 02/09/200 1 Required field when Category = "JEWELRY" 2
JewelryMeta1 02/15/2001 Required field when Category = "JEWELRY" 2
Jewelry Metal 02/19/2001 Required field whCn Category = "JEWELRY" 3
Jewelry~~tal 02126/200 1 Required field when Category = "JEWELRY" 5
1S3
Field Name Upload Date Error Message Error Count
JewelryStyle 05/17/2000 Field cannot contain information because the Category is not "JEWELRY", 2
JewelryStyle OS/24/2000 Field cannot contain information because the Category is not "JEWELRY". I
JewelryStyle 07/14/2000 Field cannot contain information because the Category is not "JEWELRY", 1
JewelryStyle 08/15/2000 Field cannot contain information because the Category is not "JEWELRY". 5
JewelryStyle 08/21/2000 Field cannot contain information because the Category is not "JEWELRY". 6
JewelryStyle 09/18/2000 Field cannot contain information because the Category is not "JEWELRY". 1
JewelryStyle 05/1212000 Required field when Category = "JEWELRY" 3
JewelryStyle 05/17/2000 Required field when Category = "JEWELRY" 2
1ewe1ryStyle 05118/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 05/19/2000 Required field when Category = "JEWELRY" 2
JewelryStyle OS/24/2000 Required field when Category = "JEWELRY" 5
JewelryStyle OS/26/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 06/13/2000 Required field when Category = "JEWELRY" 1
JcwelryStyle 06/17/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 06/22/2000 Required field when Category = "JEWELRY" I
JewelryStyle 07/05/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 07/08/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 07/14/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 07/19/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 07/28/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 08/01/2000 Required field when Category = "JEWELRY" 2
JewelryStyle 08104/2000 Required field when Category = "JEWELRY" 2
JewelryStyle 08107/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 08114/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 08/15/2000 Required field when Category = "JEWELRY" 5
JewelryStyle 08/21/2000 Required field when Category = "JEWELRY" 29
JewelryStyle 09/0212000 Required field when Category = "JEWELRY" 2
JewelryStyle 09/09/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 09/27/2000 Required field when Category = "JEWELRY" 2
JewelryStyle 10/02/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 10/07/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 10/14/2000 Required field when Category = "JEWELRY" 6
JewelryStyle 10/24/2000 Required field when Category = "JEWELRY" 1
JeweliyStyle 10/30/2000 Required field when Category = "JEWELRY" 1
JewelryStyle 11/04/2000 Required field when Category = "JEWELRY" 3
JewelryStyle 11/18/2000 Required field when Category = "JEWELRY" 4
JewelryStyle 11/21/2000 Required field when Category = "JEWELRY" 1
System Date: 02/27/200 I Page No: 8
System Time: 2:30:26 PM From: 02/01/2000 To: 02127/2001
. Jewel1YStyle 11/25/2000 Required field when Catego1Y = "JEWELRY" 2
JewelryStyle 11/29/2000 Required field when Catego1Y = "JEWELRY" I
JewelryStyle 11/30/2000 Required field when Catego1Y = "JEWELRY" 2
JewelryStyle 12106/2000 Required field when Categ01Y = "JEWELRY" 2
Jewel1YStyle 12108/2000 Required field when Categ01Y = "JEWELRY" 3
JewelryStyle 12/23/2000 Required field when Catego1Y = "JEWELRY" 1
JewelryStyle 01/10/2001 Required field when Catego1Y = "JEWELRY" 3
JewelryStyle 01/12/2001 Required field when Category = "JEWELRY" 4
JewelryStyle 01/23/2001 Required field when Categ01Y = "JEWELRY" 2
JewelryStyle 01/25/2001 Required field when Category = "JEWELRY" 1
JewelryStyle 01/27/2001 Required field when Categ01Y = "JEWELRY" 3
Jewel1YStyle 01/30/2001 Required field when Catego1Y = "JEWELRY" 2
JewelryStyle 02102/2001 Required field when Category = "JEWELRY" 7
Jewel1YStyle 02/06/2001 Required field when Categ01Y = "JEWELRY" 2
JewelryStyle 02109/200 1 Required field when Categ01Y = "JEWELRY" 2
JewelryStyle 02115/2001 Required field when Catego1Y = "JEWELRY" 2
JewelryStyle 02119/2001 Required field when Catego1Y = "JEWELRY" 3
JewelryStyle 02126/200 1 Required field when Category = "JEWELRY" 5
148
,d Name Upload Date Error Message Error Count
Jewel1YWeight 05/17/2000 Field cannot contain infonnation because the Catego1Y is not "JEWELRY". 2
JewelryWeight OS/24/2000 Field caIrnot contain infonnation because the Catego1Y is not "JEWELRY". I
JewelIyWeight 07/14/2000 Field cannot contain infonnation because the Category is not "JEWELRY". 1
JewelryWeight 11/18/2000 Invalid value. Must be numeric. I
Jewel1YWeight 02/13/2001 Invalid value. Must be numeric. 1
6
Field Name Upload Date Error Message Error Count
PrimGem 08/21/2000 Field cannot contain infonnation because the Category is not" JEWELRY". I
1
Field Name Upload Date Error Message Error Count
PrimGemCarats 08/21/2000 Field cannot contain infonnation because the Category is not "JEWELRY". 1
PrimGemCarats OS/26/2000 Invalid value. Must be numeric. 1
P..;mGemCarats 06/26/2000 Invalid value. Must be numeric. 1
JlGemCarats 07/11/2000 Invalid value. Must be numeric. I
PrimGemCarats 08/15/2000 Invalid value. Must be numeric. 2
PrimGemCarats 08/16/2000 Invalid value. Must be numeric. I
PrimGemCarats 08121/2000 Invalid value. Must be numeric. 6
PrimGemCarats 10/14/2000 Invalid value. Must be numeric. I
PrimGemCarats 10/17/2000 Invalid value. Must be numeric. I
PrimGemCarats 10/20/2000 Invalid value. Must be numeric. 1
PrimGemCarats 11/21/2000 Invalid value. Must be numeric. I
17
Field Name Upload Date Error Message Error Count
PrimGemColor 08121/2000 Field cannot contain infonnation because the Category is not "JEWELRY". 1
1
Field Name Upload Date Error Message Error Count
PrimGemCut 08/21/2000 Field cannot contain infonnation because the Catego1Y is not "JEWELRY". 1
PrimGemCut 07/11/2000 Field is required if Primary Gem contains infonnation. I
PrimGemCut 08115/2000 Field is required if Primary Gem contains infonnation. I
PrimGetnCut 10/17/2000 Field is required if Primary Gem contains infonnation. 1
PrimGemCut 11/21/2000 Field is required if~ Gem contains infonnation. I
System Date: 02/27/200 1 Page No: 9
System Time: 2:30:26 PM From: 02/01/2000 To: 02/27/2001
PrimGemCut 08/15/2000 Value not found in validation table. I
PrimGemCut 10/14/2000 Value not found in validation table. 1
PrimGemCut 11/25/2000 Value not found in validation table. 1
8
Field Name Upload Date Error Message Error Count
PrimGemQty 08121/2000 Field cannot contain information because the Category is not "JEWELRY". 1
PrimGemQty 06126/2000 Invalid value. Must be numeric. I
PrimGemQty 08115/2000 Invalid value. Must be numeric. 2
PrimGemQty 08121/2000 Invalid value. Must be numeric. 5
PrimGemQty 02/26/200 I Invalid value. Must be numeric. I
10
Field Name Upload Date Error Message Error Count
Race 08121/2000 This is a require4 field 1
1
Field Name Upload Date Error Message . Error Count
SecGem 08121/2000 Field cannot contain information because the Category is not "JEWELRY". I
1
Field Name Upload Date Error Message Error Count
SecGemCarats 08121/2000 Field cannot contain information because the Category is not "JEWELRY". 1
SecGemCarats 08/15/2000 Invalid value. Must be numeric. 1
SecGemCarats 08121/20.00 Invalid value. Must be numeric. 3
SecGemCarats 10/14/2000 Invalid value. Must be numeric. I
6
Field Name Upload Date Error Message Error Count
SecGemColor 08/21/2000 Field cannot contain information because the Category is not "JEWELRY". I
1
Field Name Upload Date Error Message Error Count
SecGemCut 08/21/2000 Field cannot contain information because the Category is not "JEWELRY". I
SecGemCut 08/21/2000 Value not found in validation table. I
2
Field Name Upload Date Error Message Error Count
SecGemQty 08121/2000 Field cannot contain information because the Category is not "JEWELRY". I
SecGemQty 08121/2000 Invalid value. Must be numeric. I
2
Field Name Upload Date Error Message Error Count
SerialNum 05/12/2000 Required field Serial Number is required for this item I
Seria1Num 05/17/2000 Required field Serial Number is required for this item 3
Seria1Num 05/1812000 Required field Seria1 Number is required for this item 1
Seria1Num 05/19/2000 Required field Seria1 Number is required for this item I
Seria1Num 06113/2000 Required field Serial Number is required for this item I
SerialNum 06/19/2000 Required field. SeriaI Number is required for this item 2
Seria1Num 06/21/2000 Required field Serial Number is required for this item 1
SerialNum 07/10/2000 Required field Serial Number is required for this item I
Seria1Num 07/11/2000 Required field Serial Number is required for this item 1
SerialNum 07/20/2000 Required field. Serial Number is required for this item I
SerialN 07/28/2000 Required field Serial Number is required for this item 2
. .um
SerialNum 08lH/2ooo Required field . Serial Number is required for this item I
SerialNum 08114/2000 Required field. Serial-Number is required for this item I
System Date: 02/27/2001 Page No: 10
SysWbl Time: 2:30:26 PM From: 02/01/2000 To: 02/27/2001
. SerialNum 08/15/2000 Required field Serial Number is required for this item 4
SerialNum 08/21/2000 Required field Serial Number is required for this item 8
SerialNum 09/12/2000 Required field. Serial Number is required for this item 1
SerialNum 09/18/2000 Required field. Serial Number is required for this item 1
SerialNum 10/07/2000 Requiredfield Serial Number is required for this item I
SerialNum 10/09/2000 Required field Serial Number is required for this item 1
SerialNum 10/14/2000 Required field. Serial Number is required for this item I
SerialNum 11/18/2000 Required field. Serial Number is required for this item 2
SerialNum 11/29/2000 Required field. Serial Number is required for this item I
SerialNum 12/06/2000 Required field Serial Number is required for this item 2
SerialNum 01/101201H Required field Serial Number is required for this item 2
SerialNum 02/06/200 I Required field. Serial Number is required for this item I
42
., .
Field Name Upload Date Error Message Error Count
TransCode 05/17/2000 Transaction requires an existing item in the system. 2
TransCode 05/19/2000 Transaction requires an existing item in the systeIli. 2
TransCode OS/24/2000 Transaction requires an existing item in the system. 2
TrarisCode 06/01/2000 Transaction requires an existing item in the system. I
r...;'ISCode 06/02/2000 Transaction requires an existing item in the system. 2
.sCode 06/13/2000 TrariSaction requires an existing item in the system. 1
TransCode 06/17/2000 Transaction requires an existing item in the system. I
TransCode 06/19/2000 Transaction requires an existing item in the system. 3
TransCode 06/20/2000 Transaction requires an existing item in the system. I
TransCode 06/21/2000 Transaction requires an existing item in the system. I
TransCode 06/24/2000 Transaction requires an existing item in the system~ 6
TransCode 06/29/2000 Transaction requires an existing item in the system. 2
TransCode 06/30/2000 Transaction requires an existing item in the system. 6
TransCode 07/05/2000 Transaction requires an existing item in the system. I
TransCode 07/10/2000 Transaction requires an existing item in the system. I
TransCode 07114/2000 Transaction requires an existing item in the system. 8
TransCode 07/19/2000 Transaction requires an existing item in the system. 2
TransCode 07/24/2000 Transaction requires an existing item in the system. 2
TransCode 07/28/2000 Transaction requires an existing item in the system. 2
TransCode 07/31/2000 Transaction requires an existing item in the system. 2
TransCode 08102/2000 Transaction requires an existing item in the system. I
, ;Code 08/04/2000 Transaction requires an existing item in the system. 4
TransCode 08105/2000 Transaction requires an existing item in the system. 2
TransCode 08114/2000 Transaction requires an existing item in the system. 2
TransCode 08/15/2000 Transaction requires an existing item in the system. 3
TransCode 08/21/2000 Transaction requires an existing item in the system. 5
TransCode 08/24/2000 Transaction requires an existing item in the system. 1
TransCode 08/26/2000 Transaction requires an existing item in the system. 1
TransCode 08/28/2000 Transaction requires an existing item in the system. I
TransCode 08131/2000 Transaction requires an existing item in the system. I
TransCode 09/14/2000 Transaction requires an existing item in the system. 3
TransCode 09/18/2000 Transaction requires an existing item in the system. 2
TransCode 09/27/2000 Transaction requires an existing item in the system. I
TransCode 10/07/2000 Transaction requires an existing item in the system. I
TransCode 11/21/2000 Transaction requires an existing item in the system. 3
TransCode 11/22/2000 Transaction requires an existing item in the system. I
TransCode 11/30/2000 Transaction requires an existing item in the system. I
TransCode 12/06/2000 Transaction requires an existing item in the system. 3
TransCode 12/08/2000 Transaction requires an existing item in the system. 2
TransCode 12/23/2000 Transaction requires an existing item in the system. 3
TransCode 12/27/2000 Transaction requires an existing item in the system. . 1
TransCode 01/10/2001 Transaction requires an-existing item in the system. 5
System Date: 02127/2001 Page No: 11
Systcln AlDIe: 2:30:26 PM From: 02/01/2000 To: 02/27/2001
TransCode 01/23/200 1 Transaction requires an e~sting item in the system. 2
TransCode 02/06/2001 Transaction requires an existing item in the system. 3
TransCode 02/15/2001 Transaction requires an existing item in the system. 1 .
TransCode 02/19/2001 Transaction requires an existing item in the system. 1
102
Field Name Upload Date Error Message Error Count
Weight 06/17/2000 Invalid value. Must be numeric. 2
Weight 05/12/2000 This is a required field 1
Weight 05/19/2000 This is a required field 1
Weight 06/01/2000 This is a required field 1
Weight 06/02/2000 This is a required field I
Weight . 06/26/2000 This is a required field I
Weight 07/06/2000 This is a required field ' 1
Weight 07/14/2000 This is a required, field 2
Weight 07/20/2000 This is a required field 1
Weight 08121/2000 This is a required field I
~ ,. ,. 12
Total Errors For Old Mill Pawn 1,460
HASTINGS POLICE DEPARTMENT
150 East 3rd Street · Hastings, MN 55033-1989 · 651-437-4126 · Fax 651-437-1206
'. February 12, 2001
. Mr. Sob Sohn
Old Mill Pawn Shop
1912 Vermillion St.
Hastings, MN 55033
Dear Mr. Sohn:
Enclosed you will find the APS Licensee Billing Report from September 1 st to December 31 S\ 2000. The billing
reports were broken down monthly and the total amount due within 30 days is $699.00.
ne reason for billing you in this manner is due to the fact that you have so many errors that are occurring within the
system. Because the errors are not downloaded into the main database, those transactions are not reported as
billable until they are corrected. Due to the large number of errors I believe that in working the billing system this
way gives you enough opportunity to correct and resend the transactions with errors so you can be billed
appropriately.
Also included with this bill is the APS Upload Error Summary Report from September 1, 2000 to January 21, 2001
when the last report was run. It appears to me that several of these errors are avoidable S'~9h as the zip code, the
height, the phone number and the ids that you are entering into the system. In speaking with you in the past you
had stated that the gun field and the jewelry field did not correspond with APS and you were having difficulty in
sending those transactions. In speaking with APS they did advise me again that there are other stores that use the
same software that you are using and they do not have this problem. Again, I am asking that you consult with Pawn
Power or someone qualified to correct this problem, as these errors should not be occurring. The error count since
September is not acceptable and these errors were to have been fixed and re-sent the next day after receiving the
error message and it appears that you still have simple mistakes as far back as September that were not corrected.
Again, when you do not correct these and re-sel'1d them, they are not entered into the main data base and are not
;cessible in APS by any other agency, other than ours, which Clefeats the purpose of the APS system.
I recently spoke to Chief McMenomy concerning your license renewal. He advised that the City Council was
considering tabling the license renewal until.) could address them concerning the APS system and your compliance
with it. At this time I do plan on presenting this information to the City Council and request that they not renew your
license until you can be in compliance with APS system and have a one-month trail period where all errors are
corrected and re-sent daily in an effort to bring you into compliance with the pawn shop ordinance.
Should you hav~ any questions or concerns regarding the information enclosed or the billing, please contact me.
Sincerely,
HASTINGS POLICE DEPARTMENT
Sgt. Val Scharfe
") VSS/mja
. Encls.
. ,
.
~
HASTINGS POLICE DEPARTMENT
Departmental Fact File on:
Address: 1912 Vermillion
File#: 21692
CityState: HASTINGS
Phone: 651-437-9224
Caution:
Comments:
Hair:
Eyes:
DLN:
SSN:
DOS/Age:
Race: W
Sex:
Ht:
Wt:
pas:
Departmental Contacts with this individual:
Date Involvment Offense Inc #:
9/28/2000
9/12/2000
8/21/2000
6/12/2000
5/24/2000
4/14/2000
4/10/2000
3/27/2000
3/23/2000
12/28/199
12/3/1999
10/28/199
10/21/199
7/12/1999
7/7/1999
5/17/1999
11/13/199
8/11/1998
5/11/1998
3/31/1998
3/23/1998
121301199
12/23/199
11/1/1997
10/7/1997
9/25/1997
8/19/1997
Complai
Other
Other
Other
Warn
Other
Other
other
Com pial
other
Other
Other
Other
Complai
Complai
Complai
Complai
Suspect
other
Other
Other
Reportin
Complai
Complai
Complai
Other
Ticket
Incident Location
Then Current Address:
1912 Vermillion 5t
1912 Vermillion 5t
1912 Vermillion St
1912 Vermillion St
1912 Vermillion St
1912 Vermillion Sl
1912 Vermillion 5t
1912 Vermillion 5l
1912 Vermillion St
1912 Vermillion 5t
1912 Vermillion 5t
1912 Vermillion St
1912 Vermillion St
1912 Vermillion St
1912 Vermillion 5t
1912 Vermillion St
Theft-501-2500-fe-other-oth 2000009150
Ordinance Violation - other 2000008554
Theft-Jess 250-ms-postal-oth 2000007728
Stln Prop-ms-poss-oth Prop- 2000007621
Ordinance Violation - Other 2000004124
Suspicious Act 2000002823
Weapons-gm-discharge-firea 2000002685
Theft-less 20D-ms-building-o 2000002262
Theft-fe-by Check-$501-$25 2000002127
Property Damage Accident 1999009953
Civil Maller 1999009301
SUn Prop-fe-possess-other-2 1999008623
Record Check 1999008152
Suspicious Motor Vehicle 1999005466
Theft-gm-Issue Worthless C 1999005302
Theft-gm-issue Worthless C 1999003980
U3028 Check 1998111305
Ordinance Violation - other 1998081132
9865 Rec Ck 1998051103
9876 Ord Oth 1998033108
9928 Aod Oth 1998032325
9899 Misc Pub 1997123011
9839 Info 1997122329
9891 Susp Per 1997110122
U3288 Shoplift 1997100711
9876 Ord Oth 1997092529
9876 Ord Viol VS55313
1912 Vermillion St
1912 VERM ST
1912 VERM ST
JUANITA BOHN
1912 VERM ST
Wednesday, February 28, 2001
Pagel of 3
6/19/1.997 Ticket 9676 Ord Oth 1997061917
7/31/1997 Complai U3028 Check 1997073106 1912 VERM ST
5/23/1997 Complai 9600 Fire 1997052316
5/13/1997 Other 9876 Ord Oth 1997051307
4/30/1997 Other 9865 Ree Ck 1997043005
4/16/1997 Complai U3028 Check 1997041607
4/10/1997 Complai 9825 Civil 1997041022
4/8/1997 Complai 9690 Susp Act 1997040612
3/20/1997 Complai U3026 Check 1997032016
3/20/1997 Complai U3026 Check 1997032015
3/13/1997 Complal 9317 Recey Stn Prop 1997031304
3/3/1997 Complai U3026 Check 1997030304
2/12/1997 Other 9676 Ord Oth 1997021203 1912 VERM ST
12/30/199 Complai 9634 App Sell Fa 1996123021 1912 VERM ST
11/22/199 Other 9676 Ord Oth 1996112212 1912 VERM ST
11/5/1996 Complai 9610Ast Fam 1996110514
10/27/199 Complai U3026 Check 1996102716
10/7/1996 Other 9876 Ord Oth 1996100703
10/1/1996 Complai U3028 Check 1996100107
7/31/1996 Other 9926 Aod Oth 1996073107
6/17/1996 Complai 9825 Ciyil 1996061710
2/14/1996 9890 Susp Act 1996021410 JUANITA BOHN
2/10/1996 Complai 9890 Susp Act 1996021013 1912 VERM ST
2/6/1996 Complai 9317 Recey Stn Prop 1996020609
12/27/199 Reportin 9690 Susp Act 1995122713 1912 VERM ST
12/20/199 Complai 9690 Susp Act 1995122016
11/28/199 Complal U3028 Check 1995112818 1912 VERM ST
11/21/199 Complai U 1263 Shoplifting 1995112110
..-
11/17/199 Complai U3028 Check 1995111729 1912 VERM ST
11/6/1995 Other 01230 Poss Stn Prop 1995110622
11/6/1995 Complai 9691 Susp Per 1995110606
6/17/1995 Complai 9890 Susp Act 1995081720
5/25/1995 Reportin 9802 Ast Pub 1995052503
5/12/1995 Other 9865 Ree Ck Pawn 1995051227 1912 VERMilLION ST
3/13/1995 Other 9676 Ord Oth 1995031307 1912 VERM ST
3/7/1995 Ticket 9876 Ord Oth 1995030713 1912 VERM ST
3/7/1995 Ticket 9317 Recey Sin Prop 1995030713 1912 VERM ST
1/19/1995 Other 9876 Ord Oth 1995011902
1/14/1995 Complai U3028 Check 1995011410
1/11/1995 Suspect 9876 Ord Oth 1995011103 1912 VERM ST
1/11/1995 Other 9317 Recey Stn Prop 1995011003
1/4/1995 Complal 9891 Susp Pers 1995010410 1912 VERM ST
11/8/1994 Complai U3286 Shoplift 1994110610
10/29/199 Complai Te029 Theft Fr Bus 1994102910 1912 VERM ST
9/15/1994 02113 Ree Stn Prop 1994091514 JUANITA BOHN
6/29/1994 Complai 01293 Pos Stn Prop 1994082913
7/11/1994 Other 9928 Aod Oth 1994071129
4/19/1994 Complai U3028 Check 1994041907 1912 VERM ST
4/7/1994 Complai U3028 Check 1994040723 1912 VERM ST
4/5/1994 Complal U3026 Check 1994040506
3/28/1994 Complal U3286 Shoplift 1994032811 1912 VERM ST
3/10/1994 Other 9317 Recey Stn Prop 1994031006 1912 VERM ST
2/11/1994 Other Q2298 Pes Stln Prop 1994021122
2/3/1994 Reportin 9317 Recey Stn Prop 1994020307 1912 VERMilLION ST
Wednesday, February 28, 2001 Page 2013
Donald J. Fluegel.
Shawn M. Moynihan
Joan M. Fluegel
Daniel J. Fluegel
FLUEGEL & MOYNIHAN PA
Attorneys At Law
1303 South Frontage Road, Suite 5
Hastings, MN 55033-2477
Telephone 651-438-9777
Fax 651-438-9775
March 1,2001
Mayor Michael D. Werner
and City Council Members
Hastings City Hall
I 0 I East 4th Street
Hastings, MN 55033
RE: Hearing on Pawn Shop License
Dear Mayor and City Council Members:
I was asked to outline for the city council the procedure to be followed if the council wishes to
suspend or revoke the pawn shop license. Essentially, the city must provide the license holder with a
fair hearing. The license holder must be given proper advanced notice before the hearing. At the
conclusion of the hearing, the council would then decide whether or not there is sufficient evidence to
show the license holder has violated the city's pawn shop ordinance.
The following is a brief outline of the process.
1. Establish Hearing Date. The council should set a date for the hearing which would be
held before the city council. The council can act as the decider offact or it can hire an administrative
law judge from the Department of Administration. The administrative law judge would then hear the
case and make a recommendation to the council. The city council would then make the final decision.
The hearing date should be set far enough out in time so as to give both parties adequate time
to prepare.
2. Notice. A written notice must be sent to the license holder containing the following
information. The notice must give the date, time and location of the hearing. The notice must state the
charges against the license holder and the facts supporting those charges. The notice should also state
that the license holder; can be represented by an attorney at the hearing; will be able to cross examine
witnesses testifying against them; and can produce witnesses and evidence on their own behalf.
3. Hearing. The hearing will be similar to a trial, with the council sitting as the judges.
The city would present its witnesses and evidence of the alleged violations. The license holder or their
attorney can cross examine the city's witnesses.
A license holder could then present its evidence and witnesses on its own behalf. Likewise, the
city could then cross examine these witnesses.
. Also admitted to practice in Wisconsin
Mayor Michael D. Werner
and City Council Members
Hearing on Pawn Shop License
Page 2
March 1,2001
At appropriate times during this presentation, any city council member could ask questions of
the witnesses as well.
A record must be made of this hearing. A video recording should be sufficient so long as the
quality of the video recording would lend itself to transcribing the entire hearing at a later time if it is
necessary because of an appeal.
4. Deliberation. Once the council has heard all ofthe evidence, it must decide if a violation
of the pawn shop ordinance has occurred. Regardless of the city council's decision, the city council
must reduce its decision to writing. The city council must provide written findings of fact supporting
its decision.
If no violation of the city ordinance is found, then no action would be taken against the license
holder. If a violation is found to have occurred, the city council would then need to determine what
action to take against the pawn shop license holder. Such possible action could include a suspension
of the license for a number of days or revocation of the license. The action taken by the council should
be commensurate with the nature and extent of the violations that have occurred.
5. WriUen Decision. The final decision ofthe council, including its findings off act, must
be sent to the license holder after the decision is made.
6. Appeal. lfthe license holder is found to be in violation ofthe pawn shop ordinance and
the license holder disagrees with the council's decision, it could appeal the council's decision as may
be allowed by law.
This is meant to be just a brief overview of the process. If the council moves ahead with the
hearing more information will be provided to the council at that time.
If any members of the council have questions prior to the council meeting, please feel free to call
me.
Very truly yours,
FLUEGEL & MOYNIHAN P.A.
~/n
Shawn M. Moynihan
City Attorney
SMM:srk